Chapter 258. Declaring a certain bridge across the Tallahatchie River, in Tallahatchie County, State of Mississippi, a lawful structure, and for other purposes
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CHAP. 258.— An Act Declaring a certain bridge across the Tallahatchie River, in Tallahatchie County, State of Mississippi, a lawful structure, and for other purposes.May 28, 1896. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That a certain temporary pile Bridge over Tallahatchie River, Philipp, declared a lawful structure. bridge recently constructed across the Tallahatchie River at Philipp, in the county of Tallahatchie, in the State of Mississippi, and used by the Illinois Central Railroad Company and the Delta Cooperage Company, be, and the same is hereby, declared to be a lawful structure until the thirty-first day of December, eighteen hundred and ninety-seven: *Provided, however,* That the said temporary pile bridge shall be removed *Proviso.* Removal of temporary structure. thoroughly and completely on or before the thirty-first day of December, eighteen hundred and ninety-seven.
Sec. 2. That the Delta Cooperage Company, a corporation created Delta Cooperage Company may construct new bridge. and existing under and by virtue of the laws of the State of Mississippi be, and is hereby, authorized to construct and maintain a railway bridge across the Tallahatchie River, at or near the town of Philipp, Mississippi, to take the place of the temporary pile structure referred to in the foregoing section of this Act; the said bridge to be so constructed as not to interfere with the navigation of said river, and to be provided with a suitable draw: *Provided,* That any bridge constructed under this Act Draw. *Proviso.* Lawful structure anti post route. 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 the United States shall have the right of way for a postal telegraph across said bridge.Postal telegraph.
Sec. 3. That the bridge authorized to be constructed under this Act Secretary of War to approve plans, etc. shall be located and built under and subject to such regulations for the security of the 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, 191FIFTY-FOURTH CONGRESS. Sess. I. Chs. 258, 270. 1896. a design and drawings of the proposed bridge and a map of the location, giving for the space of two miles above and two miles below the proposed location the high and low water lines upon the banks of the river, the direction and strength of the currents at all stages of the water, with the soundings, accurately showing the bed of the stream and the location of any other bridge or bridges, such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, 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 no work upon the bridge shall be commenced; and should Changes. any change be made in the plan of said bridge during the progress of construction such change shall be subject to the approval of the Secretary of War.
Sec. 4. That Congress reserves the right to alter, amend, or repeal Amendment, etc. Free navigation. this Act at any time; and that if at any time navigation of the said river shall in any manner be obstructed or impaired by the said bridge, the Secretary of War shall have authority, and it shall be his duty, to require the said bridge company to alter and change the said bridge at its own expense, in such manner as may be proper to secure free and complete navigation without impediment; and if, upon reasonable notice to said bridge company to make such change or improvements, the said company fails to do so, the Secretary of War shall have authority to make the same at the expense of said company, and all the rights conferred by this Act shall be forfeited; and Congress shall have power to do any and all things necessary to secure the free navigation of the river.
Sec. 5. That said company shall be permitted to charge and take such Toll. rates of toll for crossing said bridge as may be reasonable, subject to the approval of the Secretary of War. Sec. 6. That the draw provided for the bridge herein authorized to be Opening draw. constructed shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its Lights, etc. own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.
Sec. 7. That all telephone and telegraph companies shall be granted Use by telegraph, etc., companies. equal rights and privileges in the construction and operation of their lines across said bridge; and if actual construction of the bridge herein Commencement and completion. authorized shall not be commenced on or before the first day of July, eighteen hundred and ninety-seven, and be completed by the thirty-first day of December, eighteen hundred and ninety-seven, the rights and privileges hereby granted shall cease and be determined.
Sec. 8. That all railroad companies desiring the use of said bridge Use by railroad companies. shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case Compensation. 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 a hearing of the allegations and proofs of the parties.
Sec. 9. That the said company may associate or join with themselves Cooperation in construction. in the construction, maintenance, and operation of said bridge, the Illinois Central Railroad Company, or any other railway company duly incorporated under the laws of the State of Mississippi. Approved, May 28, 1896.