Chapter 502. to authorize the construction of a wagon and foot-passenger bridge across the Noxubee River, at or near Gainsville, in the State of Alabama
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CHAP. 502.— An Act to authorize the construction of a wagon and foot-passenger bridge across the Noxubee River, at or near Gainsville, in the State of Alabama.June 29, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Sumter County, Ala., may bridge Noxubee River at Cainsville. That the court of county commissioners of Sumter County, Alabama, be, and are hereby, authorized to construct and maintain, if, in the opinion of the Secretary of War the same be a public necessity, a wagon and foot-passenger bridge across the Noxubee River, at a point at or near Gainsville,Unobstructed navigation.
Alabama: that said bridge shall not interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case of any litigation arising from any obstruction or alleged obstruction to the navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any of said bridge obstruction may be. Said bridge shall be Wagon and foot bridge.Tolls.constructed to provide for the safe and convenient passage of wagons and vehicles of all kinds, animals, and foot-passengers.
And if tolls shall be charged for the passage of wagons or other vehicles, or of animals and foot-passengers, the rates thereof may be fixed by the Secretary of War, on appeal to him for that purpose, and no higher charges shall be made than shall be established by him. Sec. 2. That any bridge built under the provisions of this act may,Construction. at the option of Sumter County building the same, be built as a drawbridge or with unbroken and continuous spans: *Provided*, That if the said*Provisos*.Spans. bridge shall be made with unbroken and continuous spans it shall give clear headroom of not less, in any case, than forty-eight feet above extreme high-water mark as understood at the point of location, nor shall the spans of said bridge give a clear width of waterway of less than seventy-five feet, and the piers of said bridge shall be parallel with the current of said river, and the bridge itself Draw.at right angles thereto: *Provided also*, That if the said bridge be built as a drawbridge, the draw shall be built over the main channel of the river at a convenient and the most accessible point, giving a clear width of waterway of not less than seventy-five feet, and that said draw shall be opened promptly upon reasonable signal for the passage of boats, and said county commissioners shall maintain, at their ownLights, etc. expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.
Sec. 3. That any bridge constructed under this act and accordingLawful structure and post-route. to its limitations shall be a lawful structure and shall be known as a postal-route, and the same is hereby declared to be a post-route, upon which also no higher charge shall be made for the crossing of mails, troops, and munitions of war of the United States, and for freight passing over said bridge, than is charged for the same services from the public, and equal privileges in the use of said bridge shall be granted to all telegraph companies, and the United States shall have the right Postal telegraph.Secretary of War to approve plans. etc.of way for postal telegraph purposes across said bridge.
Sec. 4. That the structure herein authorized shall be built and located under, and subject to. such regulations for the security of the navigation of said river as the Secretary of War shall prescribe and to secure that object the said company or corporators shall submit to the Secretary of War. for his examination and approval, a design and drawing of the bridge and a map of the location, giving FIFTIETH CONGRESS. Sess. I. Chs. 502, 503. 1888.217 for space of one-half mile above and below the proposed location the topography of the bank of the river, the current of the river at high and low water, the location of any other bridge or bridges, together with such other information as the Secretary of War may prescribe, and until the plan and location of the said 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 changes shall be subject to the approval of the Secretary of War.
And all expenses attending such changes shall be paid by the company constructing said bridge; or, if the Secretary of War shall require any change in said bridge or the entire removal of the same after its completion, the same shall be at the cost of the company, and if such changes or removal shall not be made when required, the Secretary of War may make such changes or removal, and cause proceedings to be instituted in the name of the UnitedLitigation. States in any circuit court of the United States in whose jurisdiction any part of said bridge is located to recover from the company or persons owning said bridge the amount which may be expended by the United States in such alterations or removal.
Sec. 5. That the right to alter, amend, or repeal this act is herebyAmendment. expressly reserved. Sec. 6. That this act shall be null and void if actual constructionCommencement and completion. of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, June 29, 1888.