Page:United States Statutes at Large Volume 33 Part 1.djvu/1348

F lFTY·EIGHTH CONGRESS. Sess. III. Ch. 1490. I905. 1261 CHAP. 1490. —-An Act To authorize the Pensacola, Alabamaand Western Railroad ¥•¤>h $· 1905- Company, a corporation existing under the laws of the State of Florida, to construct [S' ml'] , a_ bridge over the Tombigbee River, in the county of Lowndes, in the State of Missis- [hzblic, No. 228.] sippi, and to construct a bridge over the Alabama River, between the counties of C arke and Monroe, in the State of Alabama, and to construct a bridge over the Black Warrior River, between the counties of Greene and Marengo, in the State of Alabama. Be it enacted the Senate and H0usl`;l$fRegrreeentatv}z:es of the United States 0_fAmerica in Congress assemb , That the Pensacola, Alabama mgggigbgmwaapd }lVe§tern I§ai£iioaddCompany(i a cogporation existing under the laws zig i-vm, uu. nih o the `tate o ori a be an is ereby authorized to construct · _ l m operate, and maintain a bridige over the Tombigbee River, in the county agIiB%MqdI1%;il:¤¤d o Lowndes, in the State o Mississippi, at a point to be approved by mpmy my M"' the Secretary of War, a bridge over the Alabama River between the counties of Clarke and Monroe, State of Alabama, at a gint to be approved by the Secretary of _War, and a bridge over the _ lack Warrior River, between the counties of Greene an Marengoé mv the Sgttg of Alabama, at a point to be approved by the Secretary o ar. ai A R*“W°Y·." °g °¤· bridges shall be constructed to provide for the passage of railway ud mt hmm ` trains, and,da£ the; option of the persons by whlom they bedbiqlt, may be use or the ssa e of wagons an ve icles of a "n s, or the transit of animalihg and for foot passengers, for such rgzsonable rates of toll as may approved from time to time by thecretary of War; and in case of any litigation concerning any alleged obstruc- Magnum. tipn to the free nagigation of dsaid rivers on acpotnint of sagdsbridges t e case may be tri before e circuit court o e Unite tutes in whose d];1lrisdiction any portion of said obstruction or bridge is located: Pravi , That nothing in this Act shall be so construed as to repeal 1,,,, ,,0, - or modify any of the provisions of law now existing in reference to •¤¢¤¢¤•i· the protection of the navigation of rivers, or to exempt said bridges from the 0 ration of same. Sec. 2. That any bridge constructed under this Act and according m‘_;°P',§,{‘;l,,;’{,,',§f°'“’“ to its limitations shall be a lawful structure, and shall be recognized and known as a post route, upon which also no higher charge s all be made for the transmissioriloxgr thel gmc for lthe mails, the troops, ang the munitions of war of the United States t an the rate per mi e pai for their transportation over railroads or public highways leading to said bridges; and the United States shall have the right ot way for ,,:§,],f’*'“’“· °‘°·• telegraph, postal-telegraph, and telephone purposes across said bridges; and equal privileges in t I0 use ot said bridges shall be granted to all telegraph and telephone companies. _ Sec. 3. That if said bridges shall be constructed as drawbridglgs °’“"· they shall be constructed with a draw over the main channel of the river at an accessible and the best navigable point, and sand draw shall be opened promptly upon reasonable signal, for the passage of boats, h and upon whatever kind of bridge is constructed the said company or mg °" °°°‘ cor ration shall maintain. at its own expense, from sunset to sunrise, suchdights or other signals as the Iaight-Izlouse Board shall prescribe. U b om Sec. 4. That all railroad companies desiring the use of said bridges ,,,,,§§,,_ Y °' °°'“' shall have and pc entitled to equal sights and préivileges lrelative to ghe passage of 11].1 way trains over the same an over the approac es _ thereto, upon payment of a reasonable chmpensation for such usc; °°““’°““““°”‘ and in case the owner or owners of said bridges and the several railroad companies, or any lpne og theén desirinlg s23h use, shaél -f81l tag a ree upon the sum to e pai an u n the es or con tions wdiich each shall conform in using saidm bridges, all matters at issuc 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 bridlge authorized to be constructed under this Act ,,3’f,’§,§‘,{fQ,,‘}f,,‘g{‘,; " shall be built and locate undler and sub]eclt to Sseuch regulajtimzs for sbs security of navigation of said rivers as thecretary o lar s a prescribe, and to secure that object the said company or corporation