Chapter 387. To authorize the Mobile and West Alabama Railroad Company to construct and maintain a bridge across the Tombigbee River between the counties of Clarke and Choctaw, Alabama, in section seven, township nine, range one west of Saint Stephens meridian
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CHAP. 387.— An Act To authorize the Mobile and West Alabama Railroad Company to construct and maintain a bridge across the Tombigbee River between the counties of Clarke and Choctaw, Alabama, in section seven, township nine, range one west of Saint Stephens meridian. February 29, 1904. [[H. R. 7287](/us/bill/58/hr/7287).] [[Public, No. 33](/us/pl/58/33).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Tombigbee River.
Mobile and West Alabama Railroad Company may bridge. That the Mobile and West Alabama Railroad Company, a corporation created and existing under an act of the general assembly of the State of Alabama, be, and is57 hereby, authorized to construct and maintain a railroad bridge for the passage of railway engines and cars across the Tombigbee. River at a point suitable to the interests of navigation, between Clarke and ChoctawLocation. counties, in the State of Alabama, in section seven, township nine, range one west, of Saint Stephens meridian; said location to be subject to the approval of the Secretary of War, and said bridge to be so constructed as not to obstruct the navigation of said river, subject to the conditions and limitations hereinafter specified: *Provided,* That any*Provisos*.Lawful structure and post route. 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, upon which, also, no higher charge shall be made for the transportation over the same of the mails, the troops, or munitions of war of the United States than the rate per mile paid for transportation over railroads or public highways leading to the said bridge, and the UnitedTelegraph, etc., rights.
States shall have the right of way for postal telegraph and telephone purposes across said bridge and equal privileges in the use of said bridge shall be granted to all telegraph and telephone, companies: *Provided also,* That all railroad companies desiring the use of saidUse by other roads. bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains or ears over the same, and over the approaches thereto, upon payment, of a reasonable compensation for such use; and in case of any disagreement between the. parties in regard to the terms of such use or the sums to be paid, all matters at issue shall be determined by the Secretary of War, upon hearing the allegations and proofs submitted to him.
Sec. 2. That the bridge authorized to be constructed under this ActDrawbridge. shall be a drawbridge; the draw span shall be over the main channel of the said stream at an accessible navigable point, and the openings on each side of the pivot pier shall be not less than one hundred and fifty feet in the clear, unless otherwise expressly directed by the Secretary of War. and if so directed shall be according to such direction; and the openings shall he accessible at all stages of the water; the riverProtection to navigation. piers shall be protected with suitable fenders or cribs to safeguard navigation; the piers shall be parallel to the direction of the current of the stream at the site of the proposed structure, and the axis of the bridge shall be at right angles thereto; and the said company or corporationSecretary of War to approve plans, etc. shall submit to the Secretary of War, for his examination and approval, a design and drawing of the proposed bridge and a map of the location, giving for the space of one-half mile above and one-half mile below 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 currents, and the soundings accurately showing the bed of the stream, 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 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.
Sec. 3. That Congress reserves the right to alter, amend, or repealAmendments. this Act at any time; and if at any time navigation of 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 requireChanges. the said bridge company to alter and change the said bridge, at its own expense, in such maimer as may be proper to secure free and complete navigation without impediment. Sec. 4. That the draw provided for the bridge herein authorized toOpening draw. be constructed shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain at itsLights, etc.58 own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.
Sec. 5. That if actual construction of the bridge herein authorizedTime of construction. shall not be commenced within one year and be completed within three years from date of approval of this Act, the rights and privileges hereby granted shall cease and be determined. Approved, February 29, 1904.