Chapter 487. to authorize the construction of a bridge across the Tennessee River at or near Knoxville, Tennessee
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CHAP. 487.— An Act to authorize the construction of a bridge across the Tennessee River at or near Knoxville, Tennessee.June 25, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Carolina, Knoxville and Western Railway Company may bridge Tennessee River at Knoxville, Tenn. That the Carolina, Knoxville and Western Railway 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 the city of Knoxville, Tennessee, in the county of Knox.
Said bridge shall be constructed to provide for the passage of Railway, wagon, and foot bridge.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, 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 Tolls.Lawful structure and post-route.determine such rates or tolls.
Sec. 2. T hat any bridge built under this act and subject to its limitations 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 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 and Postal telegraph.its approaches for postal telegraph purposes; that the said bridge shall be so constructed either by draw, span, or otherwise, Unobstructed navigation.*Proviso*.that a free and unobstructed passageway may be secured to all watercraft navigating said river at the pointDraw. aforesaid: *Provided*, That if said bridge authorized to be constructed under this act shall be constructed as drawbridge, the draw shall be opened promptly upon the reasonable signals for the passage of boats or vessels; and said corporation shall maintain,Lights, etc. at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.
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 in case the owner or owners of said bridge, and the several railroad companies, or any one of them, desiring such use, shall fail FIFTIETH CONGRESS. Sess. I. Chs. 487, 494. 1888.205 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 uponSecretary of War to decide terms, etc. the hearing of the allegations and proofs of the parties.
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 company or corporation shall submit to the Secretary of War, for his examinationSecretary of War to approve plans, etc. and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile below and one mile above the proposed location, 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 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 he made in the plan of said bridge during the progress of construction, such change shall be submitted to and subject to the approval of the Secretary of War.
Sec. 5. That the right to alter, amend, or repeal this act, so as toAmendment, etc. prevent or remove all material and substantial obstruction 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 Secretary of War in the bridge constructed under this act, or its entire removal shall be made by the corporation owning or controlling the same, at its own expense; and if any litigationLitigation. shall arise in regard to said bridge, the same may be had in the circuit court of the United States within whose territorial jurisdiction any part of said bridge is located.
Furthermore, if the constructionCommencement and completion. of said bridge shall not be commenced within two and completed within four years after the passage of this act, all privileges conferred hereby, and this act, shall become null and void. Approved, June 25, 1888.