Chapter 631. to authorize the Birmingham
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CHAP. 631.— An Act to authorize the Birmingham. Selma and New Orleans Railroad Company to build a bridge across the Tombigbee River in Alabama.July 16, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Birmingham. Selma and New Orleans railroad Company may bridge Tombigbee River, Ala. That the Birmingham, Selma and New Orleans Railroad Company, a corporation created and existing under the laws of Alabama, be, and is hereby, authorized to erect and maintain a bridge across the Tombigbee River, at such-point between Point Jackson and Demopolis as shall be selected by said railroad company for crossing said river with their railroad line, the said bridge to have a draw-span, so as not to interfere with the navigation of said river: *Provided*, That any bridge*Proviso*. constructed under tins act and according to its limitations shall be a lawful structure, and shall be known and recognized as a post-route,Lawful structure and 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 mails, the troops, and munitions of war of the United States, or for through passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads leading to the said bridge; and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies: and the United States shall have the right of way across said bridge and its approaches for postal-telegraph purposes.Postal telegraph.Sectary of War to approve plans, etc.
Sec. 2. That the plan and location of said bridge, with a detailed map or the river at the proposed site of the bridge and near thereto, exhibiting the depths and currents, shall be submitted to the Secretary of War for his approval, and until he approves the plans and location of said bridge it shall not be built: but upon the approval of 312FIFTIETH CONGRESS. Sess. I. Chs. 631, 666. 1888. said plan by the Secretary of War the said company or corporation may proceed to the erection of said bridge in conformity with said approved plan, and should any change be made in the plan of said bridge during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War.
And there Lights, etc.shall be displayed on said bridge from sunset to sunrise such lights or other signals as may be prescribed by the Light-House Board. Sec. 3. That Congress reserves the right to alter, amend, or repealAmendment. this act at any time; and that if at any time navigation of said river shall in any manner be obstructed or impaired by the said bridge, the Secretary of War shall have authority, and it shall be his duty, Changes.to require the said railroad company to alter and change the said bridge, at its own expense, in such manner as may be proper to secure free and complete navigation without impediment; and if upon reasonable notice to said railroad company to make such changes or improvements the said company fails to do so, the Secretary of War shall have authority to make the same at the expense of said Company, and all the rights conferred by this act shall be forfeited; and Congress shall have power to do any and all things necessary to secure the free navigation of the said river.
Sec. 4. That all railroad companies desiring the use of said bridgeOther com panics may use. shall have and lie entitled to equal rights and privileges relative to the passage of railway trains or cars 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 Secretary of War to decide terms.at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.
Sec. 5. That this act shall be null and void if actual constructionCommencement and completion. of the bridge herein authorized be not commenced within two years and completed within four years from the date thereof. Approved, July 16, 1888.