Chapter 322.
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/statutes-at-large/vol-25/chapter-322-3133298·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 322.— An act to authorize the construction of a bridge across the Coosa River at Gadsden, in the State of Alabama.March 1, 1889. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Anniston and Cincinnati Railroad company may bridge Coosa River at Gadsden, Ala. That the Anniston and Cincinnati Railroad Company, a corporation created and existing under the laws of the State of Alabama, having constructed a bridge, and approaches thereto, over the Coosa River, at or near Gadsden, in Etowah County, on a direct line from Anniston, in Calhoun County, to Attala, in Etowah County, in the State of Alabama, said company is hereby authorized to keep and maintain the same: *Provided*, That the Secretary of War shall approve the plans and*Proviso*. dimensions of said bridge.
Said bridge if approved by the Secretary of War shall be maintained so as to provide for the passage of railway trains, and, at the option of the corporation by which it isRailway. wagon, and foot bridge. built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, upon conditions to be agreed upon between said corporation and the county commissioner’s court of the said county of Etowah and approved by the Secretary of War.
Sec. 2. That the bridge authorized under this act and subject toLawful structure and post-route. its limitations shall be a lawful structure, and shall be recognized and known as a post-rout, and shall enjoy the rights and privileges of other post-roads in the United States. That no higher charge shall be made for the transmission over the same of the mail, 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 railroad leading to said bridge, and equal privileges in the use of said bridge shall be granted to all telegraph companies, and the United States shall have the right of way across said bridge for postal-telegraph purposes; that the saidPostal telegraph. bridge shall, either by draw, span, or otherwise, provide and secure a free and unobstructed passageway to all watercraft navigatingUnobstructed navigation. *Provisos*.
Draw. said river at the point aforesaid: *Provided*, That said bridge authorized by this act being constructed as a drawbridge the draw shall be opened promptly upon 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 asLights, etc. the Light House Board shall prescribe: *And provided further*, That nothing herein contained shall be held to alter or affect existing lawsExisting laws. as to the removal of bridges obstructing the navigation of rivers when the Secretary of War shall so determine.
Sec. 3. That all railroad companies desiring the use of said bridgeUse by other companies. 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 in case the owner or owners of said bridge and the several railway 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 770 Secretary of War to deckle.in issue between them shall be decided by the Secretary of War upon the hearing of the allegations and proofs of the parties.
Sec. 4. Secretary of War to approve plans, etc. That said company shall submit to the Secretary of War for his examination and approval the design and drawings of the bridge and a map of the location, giving the topography of the banks of the river, the shorelines at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed of the stream, and if the Secretary of War, upon an examination of the papers to him submitted, shall require any change in the location or plans of said bridge, or its entire removal, the company shall, at its own expense, comply with such requirements; and if any change be made in the plan of said bridge such change shall be subject to the approval of the Secretary of War: and if any litigation shall be had in regard to said bridge, by reason of said bridge being alleged to be an obstruction to the navigation Litigation.of said Coosa River, the same shall be in the circuit court of the United States in whose territorial jurisdiction said bridge or any part thereof is located.
Sec. 5. Amendment, etc. That the right to alter, amend, or repeal this act is hereby expressly reserved, and any alterations or changes that may be required by the Secretary of War in the bridge constructed under this act shall be made by the corporation owning or controlling the same at its own expense. Approved, March 1, 1889.