Page:United States Statutes at Large Volume 33 Part 1.djvu/151

 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 502. 1904. 63 CHAP. 502.-An Act To authorize the Mobile and West Alabama Railroad Com; Mmh 9, 1904- pany to construct and  a bridge across the Black Warrior River, in Tuscaloosa [H· K 728**] iounty, Alabama, in section three, township twenty-one south, range nine west of [Public, No. 42.] Huntsville meridian. · Be it enacwd by the Senate and House of]? esentatvhnes oy' the United States of America in, Oongrees assembled, Tegt the Mobi e and West A}§“°k“""'*°*R*'°*- Alabama Railroad Company, a corporation created and existing under Mbbilc and We¤tAl— an act of the general assembly of the State of Alabama, be, and is ;2i§1LaR§lgZ§§f°m' hereby, authorized to construct and maintain a railroad bridge for the passagle of railway engines and cars across the Black Wamor River, at suc point as may be selected by such compan in section three, L°°““°“· township twenty-one south, range nine west of the Illuntsville meridian, in Tuscaloosa County, Alabama; said location to be subject to the approval of the Secretary of War, and said brid e to be so constructed as not to obstruct the navigation of said river, s1$b`ect to the conditions · and limitations hereinafter specified: Provided, That any bridge con- {*%**1 t t structed under this Act and according to its limitations shall be a law- a¤u°pll¤:umuiclu° um ful structure and shall be known and recognized as a post route, upon which, also, no higher charge shall be made for the transportation over the same of the mail, the troops, and munitions of war of the United States than the rate per mile plaid for transportation over railroads or public highways leading to the said brggge; and the same is hereby dghgezruph. ew.. eclared to be a post route, and the Uni States shall have the right of way for postal, telegraplh, and telephone purposes across said bridge and equal privileges in the use of said bridge shall be granted to all telegraph and te ephone companies: Provided aZso,.That all railroad ”'° *’*' °°**°"°•‘•· eorlrnsnies desiring the use of said bridge shall have and be entitled to eq rights and privileges relative to e passage of railway trains or cars over the same, and over the ariproaches thereto, upon payment of a reasonable compensation for suc use; and in case of any disagreement between the rties in regard to the terms of such use or the sums to be paid, allmmatters at issue shall be determined by the Secretary of War upon hearing the allegations and proofs submitted to him. Sec. 2. That the bridge authorized to be constructed under this Act °""°"°"’· shall be a drawbridge; 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 pivot pier shall be not less than one hundred and fifty feet in the clear, unless otherwise expresslv directed by the Secretary of War, and if so directed shall be according to such direction; and the openings shall be accessible at all stages of the water; the river piers shall be protected with suitable fenders or cribs to g8*;{(f,j°°°*°’* *° ¤*“l· safeguard navigation; the iers shall be parallel to the direction of the ` current of the stream at tlhe site of the proposed structure, and the axis of the bridge shall be at right angles thereto; and the said com- ,,,if’,f’,,'$‘§",§;‘Q,,‘§f,,l;’,i$ ‘° pany or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawing of the proposed bridge and a map of the location, giving, for the space of one·half mile above and onc—half mile below the proposed location, the topograph 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 by the Secretary of War no work upon the bridge shall be commenced; 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 War. Sec. 3. That Congress reserves the right to alter, amend, or repeal Cm" this Act at any time; and that if at any time navigation of said river shall in any manner be obstructed or impaired by the said bridge the