Page:United States Statutes at Large Volume 33 Part 1.djvu/145

 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 387. 1904. 57 hereby, authorized to construct and maintain a railroad bridge for the _ passage of railway engines and cars across the Tombi bee River at a point suitable to the interests of navigation, between Clarke and Choci I·"°““°”- taw counties, in the State of Alabama, in section seven, township nine, range one west of Saint Stephens meridian; said location to be subject to the approval of the Secretary of War, and said bridge to be so constructed as not to obstruct the navigation of said river, subject to the conditions and limitations hereinafterspecified: Hwided, That any  mmmé brid constructed under this Act and according to its limitations cmd pvstroute. shallgebe a lawful structure and shall be known and recognized as a post route, and the same is hereby declared to be a post route, upon which, also, no higher charge shall be made for the transportation over the same of the mails, the troops, or munitions of war of the United States than the rate per mile paid for transportation over railroads or public hi hways leading to the said bridge, and the United ,fh$Q_°g'°ph.· °°°·· States shall have gmc right of way for postal telegraph and tele hone puiéposes across said bridge and equal privileges in the use ol) said bri ge shall be granted to all telegrap and telephone companies: P1·¢>t·idedaZs0, That all railroad companies desiring the use of said U" by °“*°’ '°°d*· ' bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable com nsation for such use; and in case of any disagreement between th; parties in regard to the terms of such use or the sums to be paid, all matters at issue shall be determined by the Secretary of War, upon hearing the allegations and proofs submitted to him. j _ Sec. 2. That the bridge authorizedto be constructed under this Act ””‘""“€°· shall be a. drawhridge; the draw span shall be over the main channel of the said stream at an accessible navigable point, and the openings on each side of the pivotipier shall be not less than one hundred and fifty feet in the clear, unless otherwise expressly directed by the Secretary of War, and if so directed shall be according to such direction; and the o nings shall be accessible at all stages of the water; the river g,,l°{§’f°"°" "’ “*“’*‘ piers shallebe protected with suitable fenders or cribs to safeguard navigation; the piers shall be paiallel to the direction of the current of the strean1 at the site of the proposed structure, and the axis of the bridge shall be at right angles thereto; and the said company or cor- "pxf,§$’é*g{;,;]£ tiff “’ poration shall submit to the Sccrctayy of War, for his examination and ’ ` alpproval, a design and drawing of e proposed bridge and a map of t ie location, giving for the space of one—half mile above and one- alf mile below the proposed location the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the currents, and the soundings accurately showing the bed of the stream, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved bg the Secretary of VVar no work upon the bridge shall he commence ; and should any change be made in the plan of said bridge during the progress of construction or after completion such change shall be subject to the approval of the Secretary of \Var. Sec.  That Congress reserves the right to alter, amend, or repeal *“"°°d“’°“‘“· this Act at any time; and if at any time navigation of said river s all in an v manner be obstructed or impaired by the said bridge, the Secretarv bf \Var shall have authority, and it shall be his duty, to require €*>¤¤8°¤· the said bridge company to alter and change the said bridge, at its own · expense, in such manner as may be proper to secure free and complete navigation without impediment. _ _ _ Sec. 4. That the draw provided for the bridge herein authorized to opening amw. be constructed shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain at its mgm, tw;