Page:United States Statutes at Large Volume 25.djvu/227

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FIFTIETH CONGRESS. Sess. I. On. 385. 1888. 18] Tennessee B1\'€1`_, and the piers of said bridge shall be parallel with and the bridge rtseltat right angles to the current of the river z Prorzded, That in said bridge there shall be one span of not less than three hundred feet in the clear; Provided, also, That said draw "'°”°“°"· shall be ocpened promptly upon reasonable si nal for the passing of 0P°'**¤Sd1‘¤W- boats; an said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or- other signals on said EBM8- bridge as the Light House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation 0b§g‘[,*_§‘},'j§°”'°b°“°· of said river ; and if any bridge erected under such authority shall, ' in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will edectually obviate such obstruction ; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said rrver caused or alleged to be caused by said bridge, the cause may be brought in the circuit court of the United States of the State of Alabama in whose territorial jurisdiction any portion of said obstruction or bridge may be located: Provided, further, That nothing in this act shall be so construed as to Existing Bn repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. Sec. 4. That all railroad companies desirin the use of said bridge mQ)$“g,°°mP¤¤i°¤ shall have and be entitled to equal rights amltprivileges relative to ` the passage of railway trains over the same, an over the approaches _ thereto, upon payment of a reasonable compensation for such use · °°“‘p°“s°*‘°“· and in case the owner or owners of said ridge and the several railroad companies, or any one of them, desiring such use, shall fail ` to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters - at issue between them shall be decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties. Sec. 5. That any bridge authorized to be constructed under this ap§§%’$g*H;>Sf §g"¤ act shall be built and located under and subject to such regulations` for the security of navigation of said river as the Secretary of War shall prescribe ; and to secure that object the said company or corporation 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 mr ebelow 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 at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or ridges, and shall furnish such other information as maybe reguired for a full and satisfactory understanding of the subject; an until the said plan and location of the bridge are aplproved by the Secretary of War the bridge shall not be built. An if any change is required by the Secretary of War in the plan of said bridge, whilst the same is in process of construction, or after its completion, or if the entire removal of said brid e is required by him at any time, the cost of such change or remov5 shall be paid by the company owning or controlling said bridge. _ Sec. 6. That this act shall be null and void if actual construction coggqgggremeurwd of the bridge herein authorized be not commenced within one year P ` and completed within three years from the date thereof. Sno, 7. That the right to alter, amend, or repeal this act is hereby ¤¤¤¤d¤¤¤¤*~ expressly reserved. Approved, June 9, 1888.