Chapter 393. to authorize the Tombigbee Railroad Company to construct a bridge across the Tombigbee River at or near Columbus, Mississippi
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CHAP. 393.— An Act to authorize the Tombigbee Railroad Company to construct a bridge across the Tombigbee River at or near Columbus, Mississippi.Mar. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Tombigbee Railroad Company authorized to bridge Tombigbee River, Columbus, Miss. That the Tombigbee Railroad Company, a corporation created arid existing under anti by virtue of the laws of the State of Mississippi, be, and is hereby, authorized to build a bridge across the Tombigbee River in the State of Mississippi, at such point as may hereafter be selected by said railway company for crossing said river at or near Columbus with its railroad line, the said bridge to be so constructed as not to interterfere with the *Proviso*.To be a lawful structure and post-route.navigation of said river: *Provided*, That any bridge constructed under this act and according to its limitations shall be 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 transmission over the same of the mails, the, troops, and the munitions of war of the United States, or for through passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads leading to the said bridge; and the Postal telegraph.United States shall have the right of way for a postal telegraph across said bridge.
Sec. 2. That any bridge constructed under this act shall be built andSecretary of War to approve plans, etc. 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 shall submit to the Secretary of War, for his examination and approval, a design of the drawings of the bridge and piers, and a map of the location, giving, for the space of at least 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, and 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 said plan and location of the bridge are’approved by the Secretary of War the bridge shall not be built; and if any change be made in the plan of construction of said bridge during the progress of the work thereon, or before the completion of said bridge, such change shall be subject to the approval of the Secretary of War; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and the said structure 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 bridge shall be subject to the revocation or modification by law whenever the public good shall, in the judgment of Congress, so require, without any expense or charge Litigation.to the United States; 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, suit may be brought in the circuit courts of the United States of Mississippi in whose jurisdiction any portion of said bridge may be located.
Sec. 3. That Congress reserves the right to alter, amend, or repealRight to amend, etc., reserved.Not to obstruct navigation. this act at any time; and that if at any time navigation of the said river shall in any manner be obstructed or impaired by the bridge authorized 633 by this act to be constructed, the Secretary of War shall have authority, and it shall be his duty, to require the said railway 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; and if, upon such reasonable notice to said railway company to make such change or improvements, the said company fails to do so, the Secretary of War shall have authority to make the same, and all the rights conferred by this act shall be forfeited; and Congress shall have power to do any and all things necessary to secure the free navigation of the river.
Approved, March 3, 1887.