Chapter 755. to authorize the construct ion of a bridge across the Alabama River
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CHAP. 755.— An Act to authorize the construct ion of a bridge across the Alabama River.August 6, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Alabama Great Northwestern Rail-way Company may bridge Alabama River at Montgomery, Ala. That the Alabama Great Northwestern Railway Company, a corporation. existing under the laws of the State of Alabama, and having authority to build its 379 line of railroad from a point in the State of Alabama at or near Montgomery through the State of Alabama to a point at or near the town of Tuscaloosa, in said State, be, and is hereby, authorized to construct and maintain, for the purpose of making a more perfect connection of its said line, the following railroad bridge, to be used by it. its successors or assigns, for railway purposes,Railroad bridge. over the rivers and at the localities named following, that is to say, across the Alabama River near the city of Montgomery, in the State of Alabama, at the most suitable and convenient point within ten miles of said city of Montgomery.
Sec. 2. That any bridge built under this act shall be constructedUnobstructed navigation. and built without interference with the security and convenience of navigation of said river, beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure a compliance with these conditions, the corporation, previous to commencing the construction of the said bridge, or of the accessory works, in the booms, dikes, or piers designed to secure the best practical channel-way for navigation and confine the How of the water to a permanent channel, and for the guiding of steamboats and rafts safely through the drawn-spans at said point, shall submitPiers. to the Secretary of War a plan of the bridge and of such accessory works, together with a detailed map of the river at the proposed site of the bridge, and for a distance of a mile above and below the site, together with all other information touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the prescribed conditions of this act: that as nearly as practicable, the said bridge shall be at right angles to, and the piers parallel with, the current of said river; and should it be found hereafter that the said bridge or accessory works interfere with the security and convenience of navigation of said river beyond what is*Provisos*.Spans. necessary to carry into effect the rights and privileges hereby granted, by reason of any defect or failure in the accessory works aforesaid to accomplish the purpose for which they are designed, it shall be the duty of the Secretary of War to require the necessary changes to be made therein in the interest of navigation, at the expense of the owners: *Provided*, That as to any bridge built under this act, if the said bridge shall be made with unbroken and continuous spans, it shall be of such elevation above extreme high water mark, as understood at the point of location, to the lowest part of the superstructure of the bridge, and the spans of said bridge shall be of such width as may be prescribed by the Secretary of War: *And provided also* That if any bridge built under this act shall be constructed as a draw-bridge,Draw. the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of such width and elevation above extreme high water at the point of location as may be required by the Secretary of War: *Provided, also*, That said draw shall be opened promptly upon reasonable signal for the passing of boats: and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signalsLights, etc. on said bridge as the Light-House Board shall prescribe: *Provided, also*, That any Railroad companies desiring to use said bridge shall have and be entitledUse by other companies. to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegationsTerms. and proofs of the parties in case they shall not agree.
Sec. 3. That the Secretary of War is hereby authorized and directed,Secretary of War to approve plans. etc. upon receiving any such plans and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works, and at such locality will conform to the 380 prescribed conditions of this act. to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location, Changes.but until such notification has been received, the bridge shall not be commenced or built; should any material change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such change shall be likewise subject to the approval of the Secretary of War.
The Secretary may at any time, when in his judgment necessary, require the company owning or controlling said bridge to change the same in any respect, or to entirely remove the structure, all such changes or the entire removal to be at the expense of said company, and if refusal shall be made to comply with his requirements the Secretary of War shall cause such changes to be made, or the entire removal of said bridge, and to cause proceedings to be instituted in the name of the United States in the District Litigation.court of the United States in whose territorial jurisdiction said bridge or any part thereof is located, for the purpose of recovering from the parties owning said bridge the amount expended in such changes or removal, together with all costs of such litigation.
Sec. 4. That any bridge and accessory works when built and constructedLawful structure and post-route. under this act and according to the terms and limitations thereof, shall be a lawful structure, and said bridge 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 the transportation over the railroads or public highways leading to said bridge: and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge.
Sec. 5. The United States shall have the right of way for postalPostal telegraph. telegraph across said bridge, and equal privileges in the use of said bridge shall be granted to all telegraph companies. 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. Sec. 7. That the right to alter, amend, or repeal this act is expresslyAmendment. reserved.
Approved, August 6, 1888.