Chapter 756. to authorize the construction of bridges across the Flint and Chattahoochee Rivers
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CHAP. 756.— An Act to authorize the construction of bridges across the Flint and Chattahoochee Rivers.August 6, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Alabama Midland Railway Company may bridge Flint River at Bainbridge, Ga.. and Chattahoochee River at Gordon, Ala. That the Alabama Midland Railway Company, a corporation existing under the laws of Georgia and Alabama. and having authority to build its line of railroad from a point in the State of Georgia, at or near Bainbridge, to and into the State of Alabama, to a point at or near Montgomery, the capital of said State of Alabama, 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 bridges, to be used by it. its successors or assigns, for railway purposes, over the rivers and at the localities named following, that is to say: across the Flint River near the city of Bainbridge, in the States of Georgia, at the most suitable and convenient point within one mile of said city of Bainbridge, and across the Chattahoochee River, at or near the town of Gordon, in the State of Alabama, at the most suitable and convenient place and within five miles of said town of Gordon. 381 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 rivers, or either of them, 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 bridges, or ofAids to navigation. the accessory works in the booms, dikes, or piers designed to secure the best practical channelway for navigation and confine the flow of the water to a permanent channel, and for the guiding of steamboats and rafts safely through the draw-spans at said point, shall submit 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 Piers.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 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, or its entire removal, at the expense of the owners: and if any litigation shall be necessary to collect from such owners the expense of making the necessary changes in said bridge, or of its entire removal, the same shall be had in the district court of the United States in whose territorial jurisdiction said bridge or any part thereof is located; *Provided*, That as to any*Provisos*.Spans. bridge built under this act. if it be made with unbroken and continuous spans it shall be of such elevation above extreme high water, as understood at the point of location, to the lowest part of the superstructure of the bridge, as the Secretary of War may prescribe, and the spans of said bridge shall also be of such width as may be required by the Secretary of War in the interests of navigation: *And provided also*, That if any bridge built under this act shall be constructed as a draw-bridge, 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 height above extremeDraw. high-water mark at the point of location, and such width, as may be prescribed by the Secretary of War in considering the requirements of navigation: *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 signals on said bridge as the Light-House BoardLights, etc.Use by other companies. shall prescribe: *Provided, also*, That any railroad companies desiring to use said bridge shall have and be entitled 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,Terms. upon hearing the allegations 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 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; but until such notification has 382 been received the bridges shall not be commenced or built, and should any material changes 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.
Sec. 4. That any bridge and accessory works when built and constructedLawful structures and post-routes. 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 highway leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and equal privileges in the use of said bridge shall lie granted to all telegraph companies; and the United States shall have the right of way for postal telegraph purposes across said Postal telegraph.bridge and its approaches; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridges.
Sec. 5. That this act shall be null and void if actual construction, of the bridgesCommencement and completion. herein authorized be not commenced within one year and completed within three years from the date thereof. Sec. 6. That the right to alter, amend, or repeal this act is expresslyAmendment. reserved. Approved, August 6, 1888.