Chapter 1490. To authorize the Pensacola, Alabama and Western Railroad Company, a corporation existing under the laws of the State of Florida, to construct a bridge over the Tombigbee River, in the county of Lowndes, in the State of Mississippi, and to construct a bridge over the Alabama River, between the counti
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CHAP. 1490.— An Act To authorize the Pensacola, Alabama and Western Railroad Company, a corporation existing under the laws of the State of Florida, to construct a bridge over the Tombigbee River, in the county of Lowndes, in the State of Mississippi, and to construct a bridge over the Alabama River, between the counties of Clarke and Monroe, in the State of Alabama, and to construct a bridge over the Black Warrior River, between the counties of Greene and Marengo, in the State of Alabama.
March 3, 1905. [[S. 6841](/us/bill/58/s/6841).] [[Public, No. 223](/us/pl/58/223).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Pensacola, AlabamaTombigbee, Alabama, and Black Warrior rivers, Miss, and Ala.Pensacola, Alabama and Western Railroad Company may bridge. and Western Railroad Company, a corporation existing under the laws of the State of Florida, be, and is hereby, authorized to construct, operate, and maintain a bridge over the Tombigbee River, in the county of Lowndes, in the State of Mississippi, at a point to be approved by the Secretary of War, a bridge over the Alabama River between the comities of Clarke and Monroe, State of Alabama, at a point to be approved by the Secretary of War, and a bridge over the Black Warrior River, between the counties of Greene and Marengo, in the State of Alabama, at a point to be approved by the Secretary of War.
SaidRailway, wagon, and foot bridges. bridges shall be constructed to provide for the passage of railway trains, and, at the option of the persons by whom they may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War; and in case of any litigation concerning any alleged obstructionLitigation. to the free navigation of said rivers on account of said bridges the case may be tried before the circuit court of the United States in whose jurisdiction any portion of said obstruction or bridge is located; *Provided,* That nothing in this Act shall be so construed as to repeal*Proviso*.Existing laws not affected. or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt said bridges from the operation of same.
Sec. 2. That any bridge constructed under this Act and accordingLawful structures and post routes. to its limitations shall be a lawful structure, and shall be recognized and known as a post route, upon which also no higher charge shall be made for the transmission over the same for the mails, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over railroads or public highways leading to said bridges; and the United States shall have the right of way forTelegraph, etc., rights. telegraph, postal-telegraph, and telephone purposes across said bridges; and equal privileges in the use of said bridges shall be granted to all telegraph and telephone companies.
Sec. 3. That if said bridges shall be constructed as drawbridgesDraws. they shall he constructed with a draw over the main channel of the river at an accessible and the best navigable point, and said draw shall be opened promptly upon reasonable signal, for the passage of boats, and upon whatever kind of bridge is constructed the said company orLights, etc. corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals as the Light-House Board shall prescribe.
Sec. 4. That all railroad companies desiring the use of said bridgesUse by other 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;Compensation. and in case the owner or owners of said bridges and the several rail-road companies, or any one of them desiring such use, shall fail to agree upon the sum to be paid, and upon the rules or conditions to which each shall conform in using said bridges, 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. That any bridge authorized to be constructed under thisSecretary of War to approve plans, etc. Act 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 1262shall submit to the Secretary of War, for his examination and approval, designs and drawings of the bridges, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of said rivers, 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 said 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 built;
Changes.and should any change be made in the plans of said bridges during the progress of construction, or after completion, such change shall be subject to the approval of the Secretary of War: and said bridges shall be changed at the cost of the owners thereof, from time to time, as the Secretary of Waimay direct, so as to preserve the free and convenient navigation of said rivers. Sec. 6. Amendment. That the right to alter, amend, and repeal this Act. is hereby expressly reserved.
Sec. 7. Time of construction. That this Act shall be null and void unless the construction of said bridges hereby authorized shall be commenced within three years and be completed within five years from the date of the approval of this Act. Approved, March 3, 1905.