Page:United States Statutes at Large Volume 28.djvu/737

 *708 FIFTY-THIRD oononnss. snss. lll. on. 163. 1895. Mwh Z 1895 CHAP. 163.—An Act To authorize the construction of a bridge over the Tennessee Be it enacted by the Senate and House of Representatives of the United Tennessee, Brides States of America in Congress assembled, That it shall be lawful for the Rivsri S¤¤¤i¤M» Ms- and legally incorporated under the laws of the State of Alabama, its successors or assigns, to construct and maintain a bridge over the Tennessee River at or near Sheiiield, in Colbert County, Alabama. Said nanwnyu wagon, bridge shall be constructed to provide for the passage of railway trains, ““ '°°‘ ""“g°· and, at the option of the persons by whom it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. mwrmstmeemsna Sec. 2. That any bridge built under the provisions of this Act and P°“‘ "°“*°· subject to its limitations shall be a lawful structure, and shall be recognized and known as a post route, upon which also no higher charge shall be made for the transmission over the same of -the mails, and troops, and the munitions of war of the United States, or passengers or freight passing over the said bridge, than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post roads in the United States; and the United States shall have the 1·»sa1¢nsgr¤pu,¤w. right of way across said bridge and its approaches for postaltclegraph purposes, and all telegraph and telephone companies shall have equal rights and privileges in constructing and maintaining their lines across said bridge. nnwbmgs. Sno, 3. That said bridge shall be constructed as a drawbridge of such character of construction, and having such width of draw openings and such elevation above high water, as the Secretary of War may prescribe; and the draw openings of said bridge shall be so protected and arranged that water crafts can be worked through them at any and all times; and the piers of said bridge shall be parallel with Pmtaqs. and the bridge itself at right angles to the current of the river: Pro- °*‘°““‘g °’“"‘ vided, That said draw shall be opened promptly upon reasonable signals for the passage of boats; and said company or corporation shall mainr.igms.se¤. tain at its own expense, from sunset until sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No FM ¤¤*is¤¤*¤··· bridge shall be erected or maintained under authority of this Act which at any time substantially or materially obstructs the free navii gation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation cimgss. he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge, and in case of any litigation arising from any obstruction or alleged obstruction to the tree navigation of said river, caused or alleged to be caused by said bridge, the cause may be brought in the circuit court of the United States or the State of Alabama in whose jurisdiction any portion of Existinglnws. said obstruction or bridge may -be located: Provided further, That nothing in this Act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers or exempt this bridge from the operation of the same. Use by railroad Sec. 4. That all railroad companies desiring the use of said bridge °°“‘*‘“‘“°°· shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over approaches thereto, Compensation- upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies. or any of them, desiring such use shall fail to agree upon the sum or sums to be paid and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided
 * ‘;‘_""_ River at or near Sheiiield, Alabama.
 * ‘,[§,£§,§;{’, TE,'f,‘},‘§§‘,‘f,’,Q Tennessee Bridge and Ferry Company, of Alabama, a corporation duly