Chapter 240.
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/statutes-at-large/vol-25/chapter-240-2841237A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 240.— An act to amend an act approved March third, eighteen hundred and eighty-five, to authorize the construction of bridges across the Cumberland and Caney Fork Rivers, in Tennessee.February 25, 1889. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Bridges across Cumberland and Caney Fork Rivers. That section one of an act approved March third, eighteen hundred and eighty-five, entitled “An act to give the assent of Congress to the construction of a railroad bridge by the East and Middle Tennessee Railroad companyFormer act amended.
Vol. 23, p. 445. over the Cumberland and Caney Fork Rivers,” be amended so as to read: “That the Middle and East Tennessee Central Railroad CompanyMiddle and East Tennessee Central railroad Company and Nashville and Knoxville Railroad company may bridge Cumberland River at Carthage, Tenn. and the Nashville and Knoxville Railroad Company, or either of said companies, or any company with which either may consolidate, be. and are hereby, authorized to construct and maintain a bridge and approaches thereto over the Cumberland River at the most accessible point in or near the limits of Carthage, county of Smith, and State of Tennessee.
Said bridge shall be constructed to provide for the passage of railroad trains across said river, and. in the discretion of said company or companies, wagons, horses, and foot-passengers. And Congress shall have the right to regulate the tolls and charges in respect of the use of said bridge.” Sec. 2. That section six be amended so as to read: “Said company or companies, or either of them, is hereby also authorized to construct a railroad bridge over the Caney Fork RiverBridge over Caney Fork River.Vol. 23, p. 446. at such point as may be necessary in the building of their road, subject to the provisions and limitations contained in the preceding sections of this and the act it is intended to amend.
” Sec. 3. That said act is hereby so amended as to empower thePlans subject to discretion of Secretary of War. Secretary of War to use his discretion, in the approval of the plans of the bridges therein provided for, as to the height they shall be placed above high water, and the length of span that shall be given the main channel span whether the bridges be of continuous spans or with a draw span: *Provided*, the bridges or either of them shall*Provisos*. not be so constructed as to limit or obstruct the navigation of saidUnobstructed navigation. river or rivers: *Provided also*, That all railroad companies desiring to use the bridges aforesaid, for the passage of their trains or carsUse by other companies. over the same, shall have that privilege upon such just and reasonable terms as may be agreed upon by the parties, and in the eventTerms. of their failure to agree, the matter shall be finally determined by the Secretary of War whose determination shall be final.
Equal rights and privileges shall also be granted all telegraph and telephone companies in the placing wires upon said bridges. And if the construction of said bridges shall not be commenced in two years andCommencement and completion. completed within two years from the approval of this act, all the provisions of the same shall be void. Sec. 4. The right to amend or repeal this act whenever CongressAmendment. shall deem that the public good requires it, is hereby reserved. Approved, February 25, 1889.