Chapter 860. To authorize the building of a railroad bridge across the Tennessee River at a point between Lewis Bluff, in Morgan County, Alabama, and Guntersville, in Marshall County, Alabama
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CHAP. 860.— An Act To authorize the building of a railroad bridge across the Tennessee River at a point between Lewis Bluff, in Morgan County, Alabama, and Guntersville, in Marshall County, Alabama. February 28, 1903.[[Public, No. 126](/us/pl/34/126).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That it shall be lawful forTennessee River.Milton Humes, etc., may bridge, at Lewis Bluff, Ala. Milton Humes, R. E.
Spragins, R. E. Pettus, T. W. Pratt, and Lawrence Cooper, their associates and assigns, to construct and maintain a bridge and approaches thereto over the Tennessee River at a point on said river between Lewis Bluff, in the county of Morgan, State of Alabama, and Guntersville, in the county of Marshall, State of Alabama, and to lay on or over said bridge a railroad track or tracks for the more perfect connection of any railroad or railroads that are or 922shall hereafter be constructed to the said river, on either or both sides thereof, at or opposite said point, under the limitations and conditions Railway, wagon, and foot bridge.hereinafter provided.
Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the owners or builders thereof, may be used for the passage of wagons or vehicles of all kinds, for the transit of animals of all kinds, and for foot passengers, Toll.for such reasonable rates of toll as may be approved from time to time by the Secretary of War. Sec. 2. Lawful structure and post route.That any bridge built under this Act and subject to its limitations shall be a lawful structure, and shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, troops, and munitions of war, or other property of the United States, than the rate per mile charged for the transportation of the same over the railroads or public highways leading to the said bridge, and it shall enjoy the rights and privileges of other post-roads in the United States.
Telegraph, etc., rights.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 and its approaches for postal, telegraph, and telephone purposes. Sec. 3. Drawbridge.That the said bridge shall be constructed with a draw or pivot span, which shall be over the main channel of the river at an Protection to navigation.accessible and navigable point, and the openings on each side of the pivot pier shall not be less than one hundred and sixty feet in the clear, and as nearly as practicable both of said openings shall be accessible at all stages of water; that the spans shall be not less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest point of the superstructure of said bridge; that the piers and draw rests of said bridge shall be built parallel with the current at that stage of the river which is most important for navigation, and the bridge itself at right angles thereto; and that no riprap or other outside protection for imperfect foundations shall be permitted to approach nearer than four feet to the surface of the water at its extreme low stage, or otherwise to encroach upon the channel *Proviso*.Opening draw.ways provided for in this Act: *Provided*, That said draw shall be opened by the company or persons owning or controlling said bridge Lights, etc.upon reasonable signal for the passage of boats or rafts, and there shall be maintained, at the expense of the owners thereof, from sunset till sunrise, such lights or other signals on said bridge as the Light- House Board shall prescribe.
Sec. 4. Use by other roads. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of trains over the same upon payment of a reasonable compensation 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 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. 5. Secretary of War to approve plans, etc.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 as the Secretary of War shall prescribe, and to secure that object the owner or owners thereof 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 above and one mile below the proposed location, the high and low water lines upon the banks of the river, the direction and strength of the current 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 923enable 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 untilChanges. such plan and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built, and should any change be made in the plan of said bridge during the progress of construction, or after completion, such change shall be subject to the approval of the Secretary of War; and the owners of said bridge shall, at their own expense, make such changes therein as the Secretary of War may at any time order in the interest of navigation.
Sec. 6. That the right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Sec. 7. That this Act shall be null and void unless the bridge hereinTime of construction. authorized is commenced within one year and completed within three years from the date of approval hereof. Approved, February 28, 1903.