Chapter 19. To authorize the Chattanooga Western Railway Company to construct a bridge across the Tennessee River near Chattanooga
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CHAP. 19.— An Act To authorize the Chattanooga Western Railway Company to construct a bridge across the Tennessee River near Chattanooga.January 27, 1894. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Chattanooga Western Railway Company may bridge Tennessee River, Chattanooga, Tenn. That the Chattanooga Western Railway Company, a corporation created and organized under the laws of the State of ‘Tennessee, be, and is hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Tennessee River, at or near the city of Chattanooga, in the county of Hamilton, State of Tennessee, which shall be so contracted as to provide for the passage of railway trains, locomotives, passenger and freight cars on,Railway bridge. over, and across the same.
And the right is also hereby given to the said county of Hamilton to erect, or cause to be. erected, on, over, and above said railway bridge, using the latter as its substructure, a public bridge to be used for the passage of street cars, wagons, and vehiclesCounty may build wagon and footbridge. of all kinds, and for animals and foot passengers. Sec. 2. That any bridge built under this act and subject to its limitationsLawful struct a re and post route, shall be a lawful structure, and shall be recognized and known as a post route, and shall enjoy the rights and privileges of other post-roads in the United States.
That no higher charge shall be made forCharges. the transmission over the same, of the mail, troops, and munitions of war of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile for their transmission over the railroads leading to 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 for postal telegraph purposes; that the said bridge shall be. constructedPostal telegraph.Unobstructed navigation. either by draw, span, or otherwise, so that a free and unobstructed passage way maybe secured to all water craft navigating said river at the point aforesaid;, *Provided*, That if said bridge authorized to*Proviso*.Opening draw. be constructed under this act shall be constructed as a drawbridge the draw shall be opened promptly upon reasonable signals for the passage of boats or vessels; and whatever kind of bridge is constructed said corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House BoardLights, etc. shall prescribe.
Sec. 3. 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 30 the passage of railway trains over the same, and over the approaches thereto, upon such basis or arrangement as may be agreed upon by and between such companies and the Chattanooga Western Railway Company;Disagreements. 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 sums 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 the Decision by Secretary of War.Secretary of War to approve plana, etc.hearing of the allegations and proofs of the parties.
Sec. 4. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe. And to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile below and one mile above the proposed location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current 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 bridge shall not be built;
Changes.and should any change be made in the plan of said bridge during the progress of construction, so as to prevent or remove all substantial obstruction to the navigation of said river, such change shall be subject Litigation.to the approval of the Secretary of War; and if any litigation shall be had in regard to the location or construction of said bridge, the same shall be in the circuit court of the United States in whose territorial jurisdiction said bridge, or any part thereof, is located.
Sec. 5. That the right to alter, amend, or repeal this act is herebyAmendment, etc. expressly reserved; and any alterations or changes that may be required by Congress in the bridge constructed under this act, or its entire removal, shall be made by the corporation owning or controlling the Commencement and completion.same, at its own expense. Furthermore, if the construction of said bridge shall not be commenced within one and completed within three years after the passage of this act, all privileges conferred hereby and this act shall become null and void.
Approved, January 27, 1894.