Chapter 283. to authorize the construction of a bridge across the Tennessee River at or near Chattanooga, Tennessee
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/statutes-at-large/vol-24/chapter-283-1840066·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 283.— An Act to authorize the construction of a bridge across the Tennessee River at or near Chattanooga, Tennessee.Feb. 28, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Memphis and Charleston Railroad Company authorized to bridge Tennessee River at Chattanooga, Tenn.Railway, wagon, and foot bridge. That the Memphis and Charleston Railroad Company, organized under the laws of the State of Tennessee, be, and is hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Tennessee River at or near Chattanooga, in the county of Hamilton, in said State.
Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals Tolls.and for foot-passengers, for reasonable rates or tolls, to be fixed by said company; and the Secretary of War shall have the right, from time to time, to revise, prescribe, and determine such rates or tolls. Sec. 2. That any bridge built under this act and subject to its limitationsTo be a lawful structure and post-route. 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.
That the bridge authorized to be constructed under this act shall be a lawful structure and shall be recognized and known 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 transmission over the same of the mails, troops, and munitions of war of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile for their transmission over the railroads leading to said bridge; and the United States shall have the right of way Postal telegraph.across said bridge and its approaches for postal-telegraph purposes.
That the said bridge shall be so constructed, either by draw, span, or 9 Free navigation.otherwise, that a free and unobstructed passage may be secured to all watercraft navigating said river at the point aforesaid: *Provided*, That *Proviso*.if said bridge authorized to be constructed under this act shall be con- 433structed as a drawbridge, the draw shall be opened promptly upon Draw.reasonable signals for the passage of boats or vessels; and said corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Secretary of War shall prescribe.Lights.
Sec. 3. That all railroad companies desiring the use of said bridgeOther companies may use. shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use; and inCompensation. case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of theSecretary of War to decide terms. allegations and proofs of the parties.
Sec. 4. That any bridge authorized to be construe,ted under this actPlans, etc., to be approved by Secretary of War. 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 company or corporation shall submit to the Secretary of War, for his examination and approval, a design 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 topography of the banks of the river, the shorelines 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, so as toRight to amend, etc., reserved. prevent or remove all material and substantial obstructions to the navigation of said river by the construction of the said bridge is hereby expressly reserved; and any alterations or changes that may be required by Congress in the bridge constructed under this act shall be made by the corporation owning or controlling the same, at its own expense. Furthermore, if the construction of said bridge shall not be commenced within two and completed within four years after lire passage of this act, all privileges conferred hereby and this act shall become null and void.
Approved, February 28, 1887.