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Code · STATUTES-AT-LARGE · Vol. 23 STAT. · March 3, 1885 · Chapter 358

Chapter 358.

1,140 words·~5 min read·/statutes-at-large/vol-23/chapter-358·

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CHAP. 358.— An act to give the assent of Congress to the construction of a railroad bridge by the East and Middle Tennessee Railroad Company over the Cumberland and Caney Fork Rivers.March 3, 1885. *Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled*,East and Middle Tennessee Railroad Company to construct bridge over the Cumberland River, at or near Carthage, Tenn. That the East and Middle Tennessee Railroad Company be, and is hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Cumberland River at the most accessible point in or near the corporate limits of Carthage, County of Smith, and State of Tennessee.
Said bridge shall be constructed to provide for the passage of railroad trains and wagons and travelers across said river. Sec. 2. That any bridge built under this act and subject to its limitationsPost-route, and lawful structure. shall be a lawful structure and shall be recognized and known as a post route; and it shall enjoy the rights and privileges of other post roads in the United States: *Provided*, That the United States may construct*Proviso* as to postal telegraph. a postal telegraph over said bridge without charge therefor.
Sec. 3. That if said bridge shall be made with unbroken and continuousContinuous spans. spans, the spans thereof shall not be less than one hundred and sixty-four feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part, of the superstructure of said bridge shall be at least thirty-four feet above extreme high water mark, as understood at the point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river: *Provided*, That if the same shall be constructed as a draw bridge,*Proviso*.Drawbridge. the draw or pivot shall be over the main channel at an accessible point, and the spans shall not be less than one hundred and sixty feet in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: *Provided also*, That the said draw shall be opened promptly*Proviso*.Lights and signals. by said corporation, upon reasonable signal for the passage of boats; and said corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe, and shall also place and maintain suchAids to navigation. sheer booms and other guides necessary for the safe passage of vessels and other water craft as may be required by the Secretary of War.
No bridge shall be erected or maintained tinder the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; and if any bridge erected under Free navigation to be preserved.such authority shall, in the opinion of the Secretary of War, obstruct such navigation, 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 said corporation ; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, the ease may be brought in the circuit court of the United States of the middle district of Tennessee in which any portion of said obstruction or bridge may be located, or in the circuit court of the State of Tennessee for that circuit: *Provided further*, That nothing in this act shall be so construed as to repeal or modify any*Proviso*. of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operations of the same: *And provided further*, That the right is reserved to regulate,*Proviso*.Right to regulate tolls, etc., reserved. tolls and freights over said bridge.
Sec. 4. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said corporation shall submit to the Secretary of War, for his examination and approval, a design Plans, etc., to be submitted to Secretary of War for approval.and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the 446FORTY-EIGHTH CONGRESS.
Sess. II. Ch. 358, 359. 1885. topography of the banks of the river, the shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, 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 the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War.
Sec. 5. That the right to alter, amend, or repeal this act is herebySpecified rights of United States reserved. expressly reserved; and the right to require any changes in said structure, or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Sec. 6. That the East and Middle Tennessee Railroad Company is Same company to construct bridge over Caney Fork River between mouth and Buffalo Valley, subject to preceding provisions and limitations.hereby also authorized to construct a railroad bridge over the Caney Fork River at such point between the mouth of said river and the Buffalo Valley as may be necessary in the building of their road, subject to the provisions and limitations contained in the preceding sections.
Approved, March 3d, 1885. Chapter 359: making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and eighty-five, and for prior years, and for other purposes. Chapter 359 23 Stat. 446 1885-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-28 48 2 public
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