Chapter 592. to authorize the construction of a bridge over the Climber land River, between Burnside
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CHAP. 592.— An Act to authorize the construction of a bridge over the Climber land River, between Burnside. Kentucky, and Carthage, in Tennessee, or the South fork of said river, between Burnside and Tateville, Kentucky.July 9, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Cincinnati and Birmingham Railroad Company may bridge Cumberland River between Burnside, Ky., and Carthage, Tenn., or Tateville, Ky. That the Cincinnati and Birmingham Railroad Company, a corporation existing under the laws of the State of Tennessee, be, and is hereby, authorized to construct, operate, and maintain a bridge over the Cumberland River, between Burnside, Kentucky, and Carthage, Tennessee, or the south fork of said river, between Burnside and Tateville, in Kentucky.
Railway, wagon, and foot bridge.Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the persons by whom 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 such reasonable rates of toll as may be approved from time to time by the Secretary of Litigation.War; and in case of any litigation concerning any alleged obstruction to the free navigation of said river on account of said bridge, the cause may be tried before the circuit court of the United States in whose jurisdiction any portion of said obstruction or bridge is located.
Sec. 2. That any bridge constructed under this act and accordingLawful structure and post-route. to its limitations shall be a lawful structure, and shall be recognized and known as 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 than the rate per mile paid for their transportation over the railroads or public highways leading to said bridge; and the United States shall have the right of Postal telegraph.Secretary of War to approve plans, etc.way for postal-telegraph and telephone purposes across said bridge.
Sec. 3. That said bridge shall be made under such specifications and plans as to the spans, drawbridge, and so forth, as may be approved by the Secretary of War. Sec. 4. 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 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 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 at issue Secretary of War to decide terms.between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.
Sec. 5. That any bridge authorized to be constructed under thisSecretary of War to approve plans, etc. act shall be built and located under and subject to such regulations FIFTIETH CONGRESS. Sess. I. Chs. 592, 593. 1888.243 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 examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of 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, 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 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 be made in the plan of said bridge during the progress of construction, such change snail be subject to the approval of the Secretary of War; and if said bridge is not commenced within two years and completed within four yearsCommencement and from the passage of this act, the rights and privileges hereby granted shall be null and void.
Sec. 6. That the right to alter, amend, or repeal this act is herebyAmendment. expressly reserved, and the right to require any changes in said structure or its entire removal, at the expense of the owners thereof, whenever the Secretary of War shall decide that the public interest requires it, is also expressly reserved. Approved, July 9, 1888.