Chapter XII. *authorizing the Construction of Railroad-bridges across the Mobile River and other navigable Streams tributary to Mobile Bay, in Accordance with the Acts of the Legislature of the State of Alabama, and to establish them as Post-roads*
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CHAP. XII.— An Act *authorizing the Construction of Railroad-bridges across the Mobile River and other navigable Streams tributary to Mobile Bay, in Accordance with the Acts of the Legislature of the State of Alabama, and to establish them as Post-roads*. Dec. 24, 1872. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Drawbridges may be erected over the Mobile river, &c. That the consent of Congress be, and the same is hereby, given to the Mobile and Montgomery Railroad Company to erect one or more drawbridges over the Mobile river and other navigable streams tributary to Mobile bay, in accordance with the acts of the legislature of Alabama incorporating said company:FORTY-SECOND CONGRESS.
Sess. III. Ch. 13. 1873.401 *Provided*, That the said drawbridges shall be so constructed as not toDrawbridges, how to be constructed; interfere with the free or to materially or substantially obstruct the free navigation of said streams, beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case of any litigationlitigation, arising from any obstruction, or alleged obstruction, to the free navigation of said river, the cause may be tried before the district court of the United States of the State of Alabama in which any portion of said obstruction or bridges touches; *And provided also*, That said drawbridgesto be opened promptly: shall be opened promptly, upon reasonable signal, for the passage of boats, and in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains.
Sec. 2. That any bridge constructed under this act, and according toto be lawful structures and post-routes;charges. its limitations, shall be a lawful structure, and shall be known and recognized as a post-route, upon which, also, no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to said bridges.
Sec. 3. That all railway companies desiring to use said bridges shall have and be entitled to equal rights and privileges in the passageAll railroad companies to have equal rights to use the bridges. of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree. Sec. 4.
That the right to alter or amend this act so as to prevent or remove all material obstructions to the navigation of said river by theThis act may be altered, &c. construction of bridges is hereby expressly reserved; and that any bridge or bridges constructed under this act shall be built under and subject toBridges how to be built, managed, changed, &c. such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and the said bridges shall be, at all times, so kept and managed as to offer reasonable and proper means for the passage of vessels through and under them; and the said bridges shall be changed, at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridges shah be subject to revocation by law whenever the public good shall, in the judgment of Congress, so require.
Approved, December 24, 1872.