Chapter 82. To authorize the Mobile Railway and Dock Company to construct and maintain a bridge or viaduct across the water between the end of Cedar Point and Dauphin Island
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CHAP. 82.— An Act To authorize the Mobile Railway and Dock Company to construct and maintain a bridge or viaduct across the water between the end of Cedar Point and Dauphin Island. February 5, 1906. [[S. 1747](/us/bill/59/s/1747).] [[Public, No. 11](/us/pl/59/11).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Mobile Bay, Ala.Mobile Railway and Dock Company may bridge. That the Mobile Railway and Dock Company, a corporation created and existing under an act of the general assembly of the State of Alabama, be, and is hereby, authorized to construct and maintain a railroad bridge for the passage Location.of railway engines and cars across the water between Cedar Point and Dauphin Island, in Mobile County, State of Alabama, said bridge or Unobstructed navigation.viaduct to be constructed so as not to obstruct navigation between Mobile Bay and Mississippi Sound.
Sec. 2. Construction of wharves etc. That said Mobile Railway and Dock Company is authorized to build wharves and docks out from the east end of Little Dauphin Island into the waters of Mobile Bay and to dredge a channel from the deep water of the said bay to the terminal of wharves and into said *Provisos.*Lawful structures and post routes.docks: *Provided,* That any bridge, wharves, or docks 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 highwaysTelegraph rights. leading to the said bridge, and the United States shall have the right of way for a postal telegraph across said bridge: *Provided also, *Use by other roads.That all railroad companies desiring the use of said bridge, wharves, or docks shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over Compensation.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 allegation and proofs submitted to him.
Sec. 3. Secretary of War to approve plans, etc. That the bridge and drawbridges, wharves, and docks authorized to be constructed under this Act shall be located and built and subject to such regulations for the security of the navigation of said pass and Mobile Bay as the Secretary of War shall prescribe; and the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawing of the proposed bridge and drawbridges, wharves, and docks, and a map of the location giving for the space of one-half mile of each side of said bridge 11and wharves, the direction and strength of the currents, and the soundings accurately showing the bed of the water, 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 and drawbridges, wharves, and docks are approved by the Secretary of War work thereon shall not be commenced; and should anyChanges. change be made in the plan of said bridge and drawbridges, wharves, or docks during the progress of construction or after completion such change shall be subject to the approval of the Secretary of War.
Sec. 4. That Congress reserves the right to alter, amend, or repealAmendment. this Act at any time: and if at any time navigation between Mississippi Sound and the Bay of Mobile shall in any manner be obstructed or impaired by the said works, the Secretary of War shall have authority, and it shall be his duty, to require the said company to alter or remove the said works at its own expense, in such manner as may be proper to secure free and complete navigation without impediment.
Sec. 5. That the draws provided for the bridge herein authorizedOpening draws. to be constructed shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain,Lights, etc. at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. Sec. 6. That all telephone and telegraph companies shall be grantedTelephone, etc., rights. equal rights and privileges in the construction and operation of their lines across said bridge; and if actual construction of the works hereinTime of construction. authorized shall not be commenced within one year from the passage of this Act and be completed within five years from same date, the rights and privileges hereby granted shall cease and be determined.
Approved, February 5, 1906.