Chapter 546. To authorize The Decatur Transportation and Manufacturing Company, a corporation, to construct, maintain, and operate a bridge across the Tennessee River at or near the city of Decatur, Alabama
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CHAP. 546.— An Act To authorize The Decatur Transportation and Manufacturing Company, a corporation, to construct, maintain, and operate a bridge across the Tennessee River at or near the city of Decatur, Alabama. February 7, 1905. [[H. R. 16567](/us/bill/58/hr/16567).] [[Public, No. 48](/us/pl/58/48).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Tennessee River. Decatur Transportation and Manufacturing Company may bridge at Decatur, Ala.
That The Decatur Transportation and Manufacturing Company, a corporation organized under the laws of the State of Alabama, its successors and assigns, are hereby 701 authorized and empowered to erect, establish, maintain, and operate a railway and road or highway bridge across the Tennessee River at such point or place at or near the city of Decatur, Alabama, as may be by said company selected and approved by the Secretary of War; and if Obstruction to navigation. said bridge, erected and maintained under the authority of this Act, shall at any time unreasonably obstruct the free navigation of said river, or shall in the opinion of the Secretary of War unreasonably obstruct such navigation, he is hereby authorized to cause such change Changes. or alteration of said bridge to be made as will effectually obviate such obstruction; and such alteration shall be made and all such obstructions be removed at the expense of the owners or operators of said bridge; and in case of any litigation arising, from any obstruction or Litigation. alleged obstruction to free navigation of said river by reason of the construction of said bridge, the same shall be instituted and determined in the district court of the United States for the northern division of the northern district of Alabama: *Provided*, That nothing in *Proviso*.
Existing laws not affected. this Act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the navigation of rivers, or to exempt this bridge from the operation of the same. Sec. 2. That the bridge authorized to be constructed under this Act Secretary of War to approve plans, etc. shall be located and built subject to such regulations for security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the Said company shall submit to the Secretary of War, for his examination and approval, a general design and drawing of said bridge 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 the river, the shore lines at high and low water, soundings showing the bed of the stream, and such other information as the Secretary of War may require for a full and satisfactory understanding of the subject; and until the plan and location of the bridge are approved by the Secretary of War the construction of said bridge shall not be commenced.
Sec. 3. That a draw shall be made and maintained in such bridge, Opening draw. which said draw shall be opened promptly upon reasonable signal for the passing of boats; and such lights or signals as the Light-House Lights, etc. Board shall prescribe shall be displayed from sunset until sunrise on said bridge by the owners or operators thereof at their own expense. Sec. 4. That all railroad companies desiring the use of said bridge Use by other roads. 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 Compensation. in case of disagreement between the parties in regard to the compensation to be paid or the conditions to be observed, all matters at issue shall be determined by the Secretary of War.
Sec. 5. That the bridge to be built under this Act and according to Lawful structure and post route. its limitations shall be held to be a lawful structure, and shall be recognized and known as a post route, upon which also no higher charge shall be made for transportation over the same of the mails, troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroad or other medium of conveyance leading to such bridge; and it shall enjoy the right and privileges of other post-roads in the United States; and the United States shall have the right of way across said bridge and its approaches for postal-telegraph purposes; and all telegraph and telephone companies shall Telegraph, etc., rights. have equal rights and privileges in constructing and maintaining their lines across said bridge: *Provided*, That if the Decatur Transportation *Proviso*.
Toll. and Manufacturing Company should determine at any time to charge toll for passing over the bridge, a schedule of the charges shall be submitted to the Secretary of War for his approval, reduction, or refusal, and shall not go into effect until approved by him; and if any 702 complaint is made at any time, that the Secretary of War shall have the authority to reduce the toll as in his discretion he sees proper. Sec. 6. Time of construction. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date of the approval of this Act.
Sec. 7. Amendment. That the right to alter, amend, extend, or repeal this Act, or any of its provisions, is hereby expressly reserved. Approved, February 7, 1905.