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Warrior River,

point for crossing said river. Said corporation, its successor or legal representative, may also construct bridges over the Warrior River at or near Tuscaloosa, and the Tennessee River at or near Milton's Bluff; at Tuscaloosa. Tennessee Riv and for purposes of reaching a terminal point and uninterrupted navi- er, at Milton's gation at deep water on the Gulf of Mexico, said railway company may Bluff. construct and extend its line from its present terminus at Cedar Point, in said State of Alabama, across Grant Pass and the shoal waters intervening, to Dauphin's Island, in the Gulf of Mexico; and for such purposes may construct, operate, and maintain such tramways, tracks, Dauphin's Islroad-beds, bridges, and terminal facilities at and between said Dau-' phin's Island and Cedar Point, or in vicinity thereof, as are necessary for use of said railway in the common course and conduct of its busi

ness.

Grant Pass to

and.

Construction.

Provisos.

SEC. 2. That any bridge built under the provisions of this act may, at the option of said Railway Company, be built as a draw-bridge or with unbroken and continuous spans: Provided, That if any such bridge shall be made with unbroken and continuous spans, the main span shall be over the main channel of such navigable river or pass, and Spans. shall be of such width, and the lowest part of the superstructure shall be of such height above extreme high-water mark, as the Secretary of War may prescribe; and such bridge shall be at right angles to and and its piers parallel with the current or channel of the river or pass over which it may be constructed; and if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed with an opening over the center of the channel of the river or pass, and Draws. shall be of such width, character, and construction as the Secretary of War shall prescribe, and the piers of said bridge shall be parallel with the current, and the draw of said bridge shall be over the main or deep channel of the river or pass, as may be fixed and determined by the

May be wagon and foot bridges.

Toll.

routes.

Secretary of War: Provided also, That the said draws shall be opened Opening draws. promptly upon reasonable signal for the passage of boats, and in no case shall unnecessary delay occur; and said company or corporation shall maintain, at its own expense, from sunset to sunrise, such lights Lights, etc. or other signals on said bridges as the Light House Board shall prescribe: And provided also, That said bridges, at the option of the Corporation or Company by which they may be built, may be used for the passage of wagons or vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rate of toll as may be approved from time to time by the Secretary of War. SEC. 3. That any bridge authorized to be constructed under this act Lawful structshall be a lawful structure, and shall be recognized and known as a ures and postpost-route, and it shall enjoy the rights and privileges of other postroads in the United States, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States, or for through passengers or fieight passing over said bridge or bridges, than the rate per mile for their transportation over the railroads leading to the said bridge or bridges; and equal privileges in the use of said bridges shall be granted to all telegraph companies and the United States shall have the right Post al teleof way for a postal telegraph across said bridge or bridges. Said bridge graph. or bridges, and the construction and extension of the line from its present terminus at Cedar Point across to Dauphin's Island, and the terminal facilities at and between Dauphin's Island and Cedar Point, where they project into navigable water, shall be built and located under and subject to such regulations for the security of navigation of navigable rivers and waters 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 drawing of any such bridges or constructions, and a map of loca- War to approve tion, giving, for the space of one mile above and one mile below the plans, etc. proposed location, the topography of the banks of the river, and shores of Mobile Bay, Gulf of Mexico, Mississippi Sound, or strait connecting Mobile Bay and Mississippi Sound, 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 and channel of the stream, 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 location of the bridge or bridges or constructions are approved by the Secretary of War the bridge or constructions shall not be built; and should any change be Changes.

Secretary of

Use by other companies.

made in the plan of any such bridge or construction during the progress of construction thereof, such change shall be subject to the approval of the Secretary of War.

SEC. 4. That all railroad companies desiring the use of any bridge constructed under this act shall have and be entitled to equal rights and privileges relative to the passage of railways tr ins or cars over the same, and over the approaches thereto, upon payment of a reasonCompensation. able compensation for such use; and in case the owner or owners of said bridge 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 comform in using Decision by said bridge, all matters at issue between them shall be decided by the Secretary of Secretary of War, upon a hearing of the allegations and proofs of the parties.

War.

Alterations.

Litigation.

Amendment.

Right of way, etc., military res ervation, Dauphin's Island.

Proviso.

Use by Government.

Commencement

SEC. 5. That such alterations or changes as may be required by the Secretary of War or Congress in bridges or other structures built under the provisions of this act shall be made by the persons or corporations owning or controlling said bridges or structures at their own expense; and if any litigation shall arise in regard to said bridges, or either of them, by reason of their obstructing navigation, the same shall be had in the circuit court of the United States within whose territorial jurisdiction said bridges or any part thereof may be located; and it is hereby expressly provided that Congress reserves the right at any time to alter, amend, or repeal this act.

SEC. 6. No tramway, track, road-bed, wharf, pier, or other structure shall be built upon the United States military reservation on Dauphin's Island, without the approval and consent of the Secretary of War first had, and the said structure shall be removed by the parties own ng or controlling the same, at their own expense, when the Secretary of War so requires: Provided, also, That the United States may use such structure when built without charge.

SEC. 7. That this act shall be null and void if actual construction of and completion. the bridge or bridges herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, March 2, 1889.

March 2, 1889. CHAP. 397.-An act to authorize the Natchitoches Railroad Company to construct Vol. 25, p. 879. and maintain a bridge across the Red River, in Louisiana.

pany may bridge

Unobstructed navigation.

Draw.
Proviso.

Be it enacted by the Senate and House of Representatives of the United Natchitoches States of America in Congress assembled, That the Natchitoches Railroad Railroad Com- Company, a corporation created and existing under and by virtue of Red River, La. the laws of the State of Louisiana, be, and is hereby, authorized to conRailway and struct and maintain a railroad and wagon bridge across the Red River wagon bridge. at such point as may be selected by the said railroad company in the parish of Natchitoches or in the parish of Red River, the said bridge to be so constructed as not to interfere with the navigation of said river, and to be provided with a suitable draw: Provided, That any bridge constructed under this act and according to its limitations shall be a Lawful struct- lawful structure, and shall be known and recognized as a post-route, and ure and post the same is hereby declared to be a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, or for through passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads leading to the said bridge; and equal privileges in the use of said bridge shall be granted to all telegraph companies; and the United States shall have the right of way for a postal telegraph across said bridge.

route.

Post al-tele graph.

Secretary of SEC. 2. That the bridge authorized to be constructed under this act War to approve shall be located and built under and subject to such regulations for the plans, etc. security of the 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 proposed 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 shorelines at high and low water the direction and strength of the currents, and the soundings, accurately showing the bed of the stream, and shall

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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, such change shall be subject to the approval of the Secretary of War.

Changes.

SEC. 3. That Congress reserves the right to alter, amend, or repeal Amendment. this act at any time; and that 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 require the said railroad company to alter and change the said bridge at its own expense, in such manner as may be proper to secure free and complete navigation without impediment; and if upon reasonable notice to said railroad company to make such change or improvements the said company fails to do so, the Secretary of War shall have authority to make the same at the expense of said company, and all the rights conferred by this act shall be forfeited; and Congress shall have power to do any and all things necessary to secure the free navigation Free navigation. of the river.

SEC. 4. That said company shall be permitted to charge and take Toll.

such rates of toll for crossing said bridge, as may be reasonable, sub

ject to the approval of the Secretary of War.

SEC. 5. That the draw provided for the bridge herein anthorized to Openingdraws.

be constructed shall be opened promptly upon reasonable signal for the

passing of boats; and said company or corporation shall maintain, at

its own expense, from sunset till sunrise, such lights or other signals Lights, etc. on said bridge as the Light House Board shall prescribe.

SEC. 6. That all railroad companies desiring the use of said bridge Use by other shall have and be entitled to equal rights and privileges relative to companies. the passage of railway trains over the same, anl over the approaches thereto, upon payment of a reasonable compensation for such use; and Compensation. in case the owner or owners of said bridge 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; and if said bridge is not commenced within three years and completed within five years from the passage of this act the rights and privileges hereby granted shall Commencement be null and void.

Approved, March 2, 1889.

CHAP. 398.-An act to authorize the construction of a bridge over the Saint
John's River in the State of Florida.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Saint John's and Halifax River Bridge Company be, and is hereby, authorized to construct a bridge over the river Saint John's, in the county of Putnam and State of Florida, af or near the city of Palatka.

Decision by Secretary of War.

and completion.

March 2, 1889. Vol. 25, p. 880.

Saint John's and

Halifax River
Bridge Com.
pany may
Saint

bridge
John's River at
Palatka.

SEC. 2. That said bridge shall be constructed with a draw, so that a free and unobstructed passage may be secured to all vessels and other Unobstructed water-craft navigating said river. navigation.

SEC. 3. That any bridge built under this act, and subject to its lim- Lawful structure itations, shall be a lawful structure, and shall be recognized and known and post-route. as a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, or passengers or freight passing over said bridge, than the rate per mile paid for the transportation over the railroads or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States; and equal privileges in the use of said bridge shall be granted to all telegraph companies, and the United States shall have right of way Postal telegraph. over said bridge for postal telegraph purposes.

SEC. 4. That the draw shall be opened promptly upon reasonable Opening draw. signal for the passage of boats, and said company or corporation shall

maintain at its own expense, from sunset till sunrise, such lights or Lights, etc. other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this

Changes, etc.

act which shall at any time substantially or materially obstruct the free navigation 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 effectually obviate such obstruction, and all such obstructions shall be removed, and alterations made, at the expense of the owner or owners of said bridge: Provided, That nothing in this act shall be so construed as to repeal or modify any of the provisExisting laws. ions of law now exisiting in reference to the protection of the navigation of rivers, or to exempt the bridge erected under this act from the operation of the same.

Proviso.

Use by other companies.

SEC. 5. That all railroad companies desiring the use of said bridge shall have, and be entitled to, equal rights and privileges relative to the passage of railway trains or cars over the same, and over the apCompensation. proaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them desiring such use, shall fail to Decision of Sec- agree upon the sum or sums to be paid, and upon rules and conditions retary of War. 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.

Secretary of War

etc..

SEC. 6. That any bridge authorized to be constructed under this to approve plans, 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, said company or corporation shall submit to the Secretary of War a design and drawings of said bridge to be erected, for his examination and approval and a map of its location, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and in all things shall be subject to such rules and regulations as may be prescribed by the Secretary of War, and until said plan and location of said bridge are approved by the Secretary of War, said bridge shall not be commenced or built; and should any change be made in the plan of any bridge authorized to be constructed by this act during the progress of the work of construction, such change shall be subject to the approval of the Secretary of War.

Amendment.

Commencement

SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said structure, or its entire removal, at the expense of the owners thereof, whenever Congress or the Secretary of War shall decide that the public interest requires it, is also expressly reserved.

SEC. 8. That this act shall be null and void if actual construction and completion. of the bridge berein authorized be not commenced within one year and completed within three years from the date thereof. Approved, March 2, 1889.

March 2, 1889. CHAP. 400.-An act to authorize the construction of bridges across the Kentucky Vol. 25, p. 882. River.

Be it enacted by the Senate and House of Representatives of the United Kentucky Mid-States of America in Congress assembled, That the Kentucky Midland land Railway Railway Company, a corporation organized under act of the general bridge Kentucky assembly of the Commonwealth of Kentucky, be, and it is hereby, River and tribu- authorized to construct and maintain a bridge, and approaches thereto,

Company may

taries.

over the Kentucky River, in the State of Kentucky, and also a bridge or bridges over the tributaries or forks of said river at such point or points as said company may deem suitable for the passage of its said road over said river or its tributaries or forks. Said bridge or bridges Railway, wag shall be constructed to provide for the passage of railway trains, and, on, and foot at the option of the company by which it or they may be built, may be bridges. used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers. But the rates of toll charged for the passage over said bridge of wagons, vehicles, animals, and foot passengers shall be submitted to the Secretary of War and approved by him before said company shall collect such tolls.

Toll.

Lawful struct

SEC. 2. That any bridge built under this act and subject to its limures and post-itations shall be a lawful structure, and shall be recognized and known as a post-route, and it shall enjoy the rights and privileges of other postroads in the United States, and equal privileges in the use of said

routes.

bridge shall be granted to all telegraph and telephone companies; and the United States shall have the right of way across said bridge and its approaches for postal telegraph purposes.

Postal tele. graph. SEC. 3. That any bridge authorized to be constructed under this act Secretary of shall be built and located under and subject to such regulations for the War to approve security of navigation of said river as the Secretary of War shall pre- plans, etc. scribe, 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 drawing of the bridge, and a map of the location thereof; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built; and should any change be made in the plan of said bridge during the prog- Changes. ress of construction, such change be subject to the approval of the Secretary of War, and the expense of such change, or of any change required by the Secretary of War in such bridge after its completion shall be paid by the corporation or persons owing or operating said bridge.

SEC. 4. That all railroad companies desiring the use of said bridge Use by other or bridges shall have and be entitled to equal rights and privileges re- companies. lating to the passage of railway trains over the same, and over the ap

proaches thereto, upon the payment or reasonable compensation there- Compensation. for; and in case the owner or owners of said bridge or bridges and the railroad company or companies desiring the use of the same shall fail

Decision by

to agree upon the terms with reference to the use of same, all matters secretary of of issue between them shall be decided by the Secretary of War upon a War. hearing of the allegations and proofs of the parties.

SEC. 5. That this act shall be null and void if actual construction of Commence. the bridge or bridges herein authorized be not commenced within two ment and comyears and completed within five years from the date thereof. pletion.

SEC. 6. That the right to alter, amend, or repeal this act is hereby Amendment. expressly reserved.

Approved, March 2, 1889.

CHAP. 401.-An act to authorize the construction of a bridge across the Missouri March 2, 1880. River between the city of Leavenworth, in the State of Kansas, and Platte County, Vol. 25, p. 883. in the State of Missouri.

Kans.

River

Ante, p. 691.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Leavenworth and Leavenworth and Platte Coun Platte County Bridge Company, a corporation duly organized and exty Bridge Comisting under the laws of the State of Kansas, its successors and assigns, pany may bridge be, and are hereby, authorized to construct and maintain a bridge, and Missouri approaches thereto, across the Missouri River between the city of at Leavenwarth, Leavenworth, in the State of Kansas, and Platte County, in the State of Missouri, at some point at least one-fourth of a mile from any other bridge, to be selected consistent with the interests of river navigation. Said bridge shall be constructed to provide for the passage of railway Railway, wag trains, wagons, and vehicles of all kinds, steam and street cars, ani- on and foot mals, foot-passengers, and for all road travel, for such reasonable rates bridge. of toll and under such reasonable rules and regulations as may be pre- Toll. scribed by said corporation, its successors and assigns, and to be approved from time to time by the Secretary of War.

Lawful structpost

and

SEC. 2. That any bridge built under this act and subject to its limitations shall be a lawful structure, and shall be recognized and known ure as a post-route, upon which also no higher charge shall be made for route. the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge, and it shall enjoy the rights and privileges of other postroads in the United States; and equal privileges in the use of said bridge shall be granted to all telegraph companies; and the United States shall have the right of way across said bridge and its approaches Postal telefor postal-telegraph purposes.

graph.

Construction.

SEC. 3. That said bridge shall be constructed as a ponton draw-span bridge, and shall contain a ponton draw-span of not less than four Draw. hundred feet in length, which draw-span shall be maintained over the main channel of the river at an accessible and navigable point, and the piers of said bridge shall be parallel with, and the bridge itself at

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