Chapter 47. to authorize the construction of bridges across the Hiwassee, the Tennessee, and the Clinch rivers, in the State of Tennessee
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CHAP. 47.— An Act to authorize the construction of bridges across the Hiwassee, the Tennessee, and the Clinch rivers, in the State of Tennessee.January 26, 1893. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Fairmount Valley Railroad Company may bridge Hiwassee, Tennessee, and Clinch rivers. Tenn. That the Fairmount Valley Railroad Company, a corporation existing under the laws of the States of Georgia and Tennessee, be, and is hereby, authorized to construct and maintain, to be used by it, its successors or assigns, for railway or other purposes, the following bridges over the rivers and at the localities named, that is to say:
Across the Hiwassee River at the most suitable and convenient point between the mouth of same and the town of Charleston, Tennessee. 423 Across the Tennessee River at the most suitable and convenient point within fifteen miles of its junction with the Clinch River. Across the Clinch River at the most suitable and convenient point within fifteen miles of its junction with the Emory River. Sec. 2. That any bridge built under this act shall be constructedUnobstructed navigation. without material interference with the navigation of said rivers or either of them, beyond what is necessary to carry into effect the rights and privileges hereby granted, and the corporation, previous to commencing the construction of said bridges or either of them, shall submit to the Secretary of War a plan of the bridges or either of them,Plans to be submitted to Secretary of War. together with a detailed map of the river at the proposed site of each bridge and for a distance of a mile above and below its site, together with all information touching said bridges and rivers, either or all of them, as may be deemed requisite by the Secretary of War; that as nearly as practicable the said bridges shall be at right angles to and piers parallel with the current of said rivers; and, if it be found hereafter that said bridges or either of them materially interfere with the navigation of said rivers or either of them, it shall be the duty ofChanges. the Secretary of War to require the necessary changes to be made therein at the expense of the owners; and said corporation may in its discretion construct and maintain ways for wagons, carriages,Ways for wagons, etc. and for foot passengers over and upon said bridges or either of them, charging and receiving reasonable toll therefor, as may be approvedToll.*Provisos*.Span.High bridges. from time to time by the Secretary of War: *Provided*, That as to any bridge built under this act none of the spans shall be less than one hundred feet in length: *And Provided further*, That if without a draw there shall be at low water a clear width of water way between the piers of the channel span and at the highest water known a clear height between the lowest part of the superstructure and the water surface as follows:
On the Hiwassee River and on the Clinch RiverWidth and height of spans. above its junction with the Emory River, a width of one hundred and fifty feet and a height of thirty feet; on the Tennessee River a width of two hundred and fifty feet and a, height of thirty-five feet; and on the Clinch below the Emory a width of one hundred and fifty feet and a height of thirty-five feet; *And provided also*, That if with a draw,Draw bridges. then there shall be a clear height of at least five feet between the level of the highest water and the lowest part of the superstructure and a clear width of water way on each side of the pivot pier at low water of at least one hundred and fifty feet on the Tennessee River and one hundred and twenty feet on the Hiwassee and Clinch rivers: *Provided also*, That the widths stated in this section shall be measured at right angles to the direction of the channel: *Provided also*, That said drawOpening draws. shall be opened promptly upon reasonable signal for the passing of boats; and said corporation shall maintain at its own expense, from sunset to sunrise, such lights or other signals on said bridge as theLights, etc.
Light-House Board shall prescribe. Sec. 3. That the Secretary of War is hereby authorized and directedSecretary of War to approve plans, etc. upon receiving such plans, map, and other information, and being satisfied that a bridge built on such plan and at such locality will conform to the conditions of this act, to notify the said corporation that he approves the same, and the said corporation may then, and not until then, proceed to the erection of said bridge or bridges, according to the approved plan and location; and should any change be made inChanges. the plan of said bridge or bridges during the progress of the work the same shall likewise be 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 shall be a lawful structure, and said bridge shall be known and recognized as a post route, upon which no higher charge shall be made for the transmission of mails, troops, and munitions of war of the United States than is charged over the railroad leading to said bridge; and said bridge shall enjoy the rights and privileges of 424 other post routes in the United States, and the United States shallPostal telegraph. have a right of way for postal telegraph across said bridge.
Sec. 5. That all railroad companies desiring the use of any bridgeUse by other companies. constructed under this act shall have, and be entitled to equal rights and privileges relative to the passage of railway trains or ears over the same and over the approaches thereto upon payment of reasonable Compensation.compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sum's 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 of the allegations and proof of the parties.
Sec. 6. That this act shall be null and void if actual construction ofCommencement and completion. the bridge or bridges herein authorized be not commenced within one year and completed within three years from the date of this act. Sec. 7. That the right to alter, amend, or repeal this act is herebyAmendment, etc. expressly reserved. Approved, January 26, 1893.