Chapter 626. to authorize the construction of a bridge over the Caney Fork River, between Rock Island and Carthage, in Tennessee
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CHAP. 626.— An Act to authorize the construction of a bridge over the Caney Fork River, between Rock Island and Carthage, in Tennessee.July 16, 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 Caney Fork River between Rock Island and Carthage, Tenn. 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 Caney Fork River, between Rock Island and Carthage, in the State of Tennessee.
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 Railway, wagon, and foot bridge.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 War; and in Litigation.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 equal privileges in the use of said bridge shall be granted to all telegraph companies;
Postal telegraph.and the United States shall have the right of way for postal telegraph and telephone purposes across said bridge. Sec. 3. That said bridge shall be made under such specificationsConstruction. and plans as to the spans, draw-bridge, and so forth as may be approved by the Secretary of War. Sec. 4. That all rail road companies desiring the use of said bridgeOther companies may use. shall have and be entitled to equal rights and privileges relative to FIFTIETH CONGRESS.
Sess. I. Chs. 626, 627. 1888.303 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 between them shall be decided by the Secretary of War upon a hearing ofSecretary of War to decide terms. the allegations and proofs of the parties.
Sec. 5. That any bridge authorized to be constructed under this act shall be builtSecretary of War to approve plans, etc. 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 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 shall be subject to the approval of the Secretary of War; and if said bridge is not commenced within two years, and completedCommencement and completion. within four years 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 16, 1888.