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Code · STATUTES-AT-LARGE · Vol. 25 STAT. · August 9, 1888 · Chapter 821

Chapter 821.

1,096 words·~5 min read·/statutes-at-large/vol-25/chapter-821

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CHAP. 821.— An act to authorize the construction and maintenance of a railroad bridge by the Birmingham, Atlantic and Air Line Railroad, and Banking and Navigation Company across the Oconee River in Laurens County, State of Georgia.August 9, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Birmingham, Atlantic and Air Line railroad, etc., Company may bridge Oconee River at Dublin, Ga. That the Birmingham, Atlantic and Air Line Railroad and Banking and Navigation Company, a corporation under the laws of Georgia, be, and said corporation is hereby, authorized and permitted to construct and maintain a railroad bridge across the Oconee River at or near the city of Dublin, in the county of Laurens, in the State of Georgia.
Sec. 2. That said bridge shall be constructed and built without materialSecretary of War to approve plans, etc. interference with the security and convenience of the navigation of said river, beyond what is necessary to carry into effect the rights and privileges hereby granted: and in order to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a plan, design, and drawings of the bridge and a map of 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 construction of said bridge shall not be commenced: *Provided* that said bridge shall be built with draw spans giving eighty feet clear width at low water on either side of the pivot pier in main *Proviso*.Draw.channel and that the draw shall be opened promptly upon reasonable signal for the passage of boats, barges and rafts, and in no case shall unnecessary delay occur; 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. shall prescribe.
Sec. 3. That the Secretary of War is authorized and directed, uponNotification of approval. receiving such plan, map, and other information, upon being satisfied that the bridge built upon such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify said company or corporation that he approves the same; and upon receiving such notification said company or corporation may proceed to the erection of said bridge, conforming strictly to the approved plan and location; and should any 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; and in case of any litigationLitigation. arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, 396FIFTIETH CONGRESS.
Sess. I. Chs. 821, 822. 1888. the case may he brought in the circuit court of the United States within whose jurisdiction said bridge or any part thereof is located. Sec. 4. That the said bridge and accessory works, when built andLawful structure and post-route. constructed under this act and according to the terms and limitations thereof, shall be lawful structures; 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, or for passengers and freight passing over said bridge, 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.
Sec. 5. That the United States shall have the right of way for suchPostal telegraph. postal-telegraph lines across said bridge as the Government may construct or control, and equal privileges in the use of said bridge shall be granted to all telegraph companies. Sec. 6. That all railroad companies desiring the use of said bridgeUse by other companies. shall have and be 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 Terms.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 of the allegations and proofs of the parties: *Provided**Proviso*.Deciding terms. that the provisions of section four in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge.
Sec. 7. That the Secretary of War may at any time cause the ownersAlterations. of said bridge to alter the same so as to prevent or remove all material and substantial obstructions to the navigation of said river by the construction of said bridge and its accessory works; and the expense of altering said bridge or removing such obstruction, shall be borne by the owners of or persons controlling such bridge. Sec. 8. That this act shall he 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.
Approved, August 9, 1888. Chapter 822: authorizing the construction of a bridge across the Missouri River, at or near the city of Plattsmouth, Nebraska, and for other purposes. Chapter 822 25 Stat. 396 1888-08-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-23 50 1 public
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