Page:United States Statutes at Large Volume 32 Part 1.djvu/837

 — 772 FIBTY-SEVENTH ooseanss. sm. r1. 011. 188. 1903. J¤¤¤¤1‘Y. 15. 1903- C?. 188£O—An pct To tagrthoriile the Ptejnsacolp, Alzpbaéna and Teppesgeieglail- - wa om crec,ma111111,a11 c ra ara1wa r1 eacross e aama [Public’ N0` W`] Rider in lvrldox County, in the State of Atlabama. y g Be it enacted  ttm Senate and House of Representatives of the United States of America in Congress assembled, That the Pensacola, Alabama and Tennessee Rail- and Tennessee Railway Company a railroad corporation organized {'§,{g,E°'°p°" my under the laws of the States of hlorida and Alabama, its successors and assigns, are hereby authorized and empowered to erect, establish, Imation. maintain, and gperate a railway bridge across the Alabama River at such point in ilcox County, State of Alabama, as may be by said gggwmcm mvi- company selected and approved by the Secretary of War; and if said °°bridge erected and maintained under the authority of this Act shall at any time unreasonably obstruct the free navigation of said river, or shall, in the opinion of the Secretary of War, unreasonably obstruct ¤¤¤¤8¢¤- such navigation, he is hereby authorized to cause such change or alter- ° ation of said bridge to_be made as will etfectually obviate such obstruction; and such alteration shall be made and all such obstructions be _ removed at the expense of the owners or operators of said bridge; m*g““°“· and in case of any litigation arising from any obstruction or alleged obstruction to free navigation of said river by reason of the construction of said bridge, the same shall be instituted and determined in the _ district court o the United States for the southern district of Ala- Q’@°,,k ,8,,,, ,,0, bama: Pro/vided, That nothing in this Act shall be so construed as to •¤¤¢¢¤<1- repeal or modify any of the provisions of law now existing in reference to the} ngvigation of rivers, or to exempt this bridge from the o ration o the same. ‘ _,,*;’,‘j'§},·“,f{,,‘}Q,',§',§,f *° ;S]pci)3.1Th:;d the grildgstautaiodzig to ble conspructedpnder this Ac; s ‘ oca an u` su ject suc re ations or securit o navigation of said river as the Secretary of ddr shall prescribe; {and tosecure that object the said company shall submit to the Secretary of War, for his examination and approval, a general design and drawing of said bridge and a map of the lhcation, giving, for the space of one mile above and one mile below the proposed location, the topograph of the banks of the river, the shore lines at high and low water, soundi ings showing the bed of the stream, and such other information as the Secretary of War may require for a full and satisfactory understanding of the subject; and until the {plan and location of the bridge are approved by the Secretary of War the construction of said bridge s all not be commenced. “8’"·”·°'°· Sec. 3. That the draw of the bridge herein authorized to be constructed shall be opened pxromptly upon reasonable si nal for the passing of boats, and such lig ts or signals as the Lightdgouse Board sball prescribe shall be displayed, from sunset until sunrise, on said bridge y the owners thereof at their own expense. ”\;fs_'>Y wher °°*¤· Sec. 4. That all railroad companies desiring the use of said bridge shall have andbe entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches ¤<>¤¤v¢¤¤¤¤¢¤· thereto, upon payment of a reasonable compensation for such use; and in case of disagreement between the parties in regard to the compensation to be paid, or the conditions to be observed, all matters at issue shall be determined by the Secretary of War. mIé¤p';sQ*2m{•g'¤““” Sec. 5. That the bridge to be bui t under this Act and accordin to ` its limitations shall be held to be a lawful structure, and shal? be recognized and known as a post route, upon which also no higher charge shall be made for transportation over the same of the mails, troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroad leading to such bridge; and it shall enjoy the rights and privileges of other post roads p;fv§,;§sf°Ph· °*°·· in the United States; and the United States shall have the right of way across sand bridge and its approaches for postal-telegraph pur-