Chapter 112. To establish railroad bridges across the Cumberland and Tennessee rivers, in Kentucky
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CHAP. 112.— An Act To establish railroad bridges across the Cumberland and Tennessee rivers, in Kentucky. January 30, 1897. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Cairo and Tennessee Cairo and Tennessee River Railroad Company may bridge Cumberland and Tennessee rivers, Kentucky.River Railroad Company, a corporation organized under the laws of the State of Tennessee, its successors and assigns, is hereby authorized and empowered to erect, construct, establish, and maintain railway bridges and approaches thereto across the Cumberland River, in the State of Kentucky, at points to be selected by said railroad, or its successors or assigns, between Rockcastle and Tobaccoport , in Trigg County, and also another bridge across said river between Burksville , on said river, in Kentucky, and the Tennessee State line, and also a bridge across the Tennessee River, between Pine Bluff, in Calloway County, Kentucky, and Birmingham, in Marshall County, Kentucky, the locations of said bridges to be selected by said railroad, or its successors or assigns, between said described points on said rivers, which said bridges shall not interfere with the free navigation of said rivers; and in case of any Litigations.litigation arising from any obstruction or alleged obstruction to free 508navigation of said rivers the proceedings shall be instituted in and determined by the district court of the United States for the district of the State of Kentucky.
Pivot drawbridges. Sec. 2. That the bridges authorized by and constructed under this Act shall be pivot drawbridges, and the bridges shall have a draw over the main channel of the rivers at accessible and navigable points, with spans ofenot less than one hundred and seventy-five feet in length on each sid of the center of the pivot piers of the draws , and the remaining spans of such length as shall be necessary to reach the approaches on either side of the river, all spans to have a clear head-room of ten feet above high water; and the piers of said bridges shall be parallel with the current of the rivers when said bridges shall be erected: *Proviso.* Drawspans.*Provided,* That the length of the drawspans may be increased if, in the opinion of the Secretary of War, the interests of navigation demand it.
Lawful structure and post routes. Sec. 3. That any bridge constructed under this Act and according to its limitations shall be a lawful structure, and shall be known and recognized as a post route, and the same is hereby declared to be a post route, and it shall enjoy the same rights and privileges as other post roads in the United States, 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 their transportation over the railroads leading to said bridge; and Postal telegraph.the United States shall have the right of way for a postal telegraph across said bridge.
Use by other companies. Sec. 4. That all railroad companies desiring the use of said bridges shall have and be entitled to equal rights and privileges relative to the passage of railroad trains over the same and the approaches thereto, and in the use of the machinery and fixtures thereof, upon payment of a reasonable Compensation.compensation for such use, and in case the owner or owners of said bridges and the railroad companies, or any of them, desiring such use shall fail to agree upon the sum or sums to be paid as such compensation, and upon rules and conditions to which each shall conform in using said bridges, or either of said matters, then all matters in dispute or at issue between them, or any of them, shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.
Secretary of War to approve plans, etc. Sec. 5. That the structures herein authorized shall be built and located under and subject to such regulations for the security of navigation of said rivers 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, designs and drawings of said bridges and maps of the locations, giving, for the space of one mile above and one mile below the proposed locations, the topography of the banks of the, rivers, the shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the, bed of the streams, 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 plans and locations of the bridges are approved by the Secretary of War the bridges shall not be commenced or built, and should any change be made in the plan of said bridges during the process of construction or after completion, such change shall be subject to the Aids to navigation.approval of the Secretary of War; and the said constructions shall be at all times so managed and kept as to offer reasonable and proper means for the passage of vessels through or under said structures; and Lights, etc.to secure the safe passage of vessels at night there shall be displayed on said bridges, from the hour of sunset to that of sunrise, such lights as may be prescribed by the Light-House Board, and the said structures Changes.shall be changed, at the cost and expense of the owners thereof, from time to time, as the Secretary of War may direct, so as to preserve the free and convenient navigation of said rivers.
Commencement and completion. Sec. 6. That this Act shall be null and void if actual construction of the bridges herein authorized be not commenced within three years from the date hereof, and completed within five years. 509 Sec. 7. That the right to alter, amend, or repeal this Act is hereby Amendment, etc.expressly reserved. Approved, January 30, 1897.