Page:United States Statutes at Large Volume 25.djvu/425

FIFTIETH CONGRESS. Sess. I. Ch. *755. 1888. 379 line of railroad from a point in the State of Alabama at or near Montgomery through the State of Alabama to a point at or near the town ot Tuscaloosa, in said State, be, and is hereby, authorized to construct and maintain, for the urpose of making a more perfect connection of its said line, the following railroad bridge, to be used R*“’°°d *”'id8°- by it, its successors or assigns, for railway purposes, over the rivers and at the localities named following, that is to say, across the Alabama River near the city of Montgomery, in the State of Alabama, at the most suitable and convenient point within ten miles of said city of Montgomery. Sec. _2. That any bridge built under this act shall be constructed T5¤°bS"¤°*°d ¤¤Viand_bu1lt without interference with the security and convenience of ga m` navigation of said river, beyond what is necessary to carry into edect the rights and privileges hereby granted; and in order to secure a compliance wit these conditions, the corporation, previous to commencing the construction of the said bridge, or of the accessory works, in the booms, dikes, or piers designed to secure the best practical channel-way for navigation and confine the flow of the water to a permanent channel, and for the guiding of steam—boats and rafts safely through the drawn-spans at said point, shall submit to the Secretary of Wara plan of the bridge and of such accessory works, together with a detailed map of the ri ver at the proposed site of the bridge, and for a distance of a mile above and below the site, together with all other information touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the prescribed conditions of this act; that as nearly as practicable, the said bridge shall be at right angles to, and the piers parallel with, Piers. the current of said river; and should it be found hereafter that the said bridge or accessory works interfere with the security and convenience of navigation of said river beyond what is necessary to carry into eifect the rights and privileges hereby granted, by reason of any defect or failure in the accessory works a oresaid to accomplish the purpose for which they are designed, it shall be the duty of the Secretary of War to require the necessary changes to be made therein in the interest of navigation, at the expense of the owners: Provided, That as to any bridge built under this act, if the said P~vi¤v¤· bridge shall be made with unbroken and continuous spans, it shall Sums. be o such elevation above extreme high water mark, as understood ‘ at the point of location, to the lowest art of the sufperstructure of the bridge, and the spans of said bridge shall be 0 such width as may be prescribed by the Secretary of War: And p»rovi¢led also. That if any bridge built under this act shall be constructed as a draw- nmw. bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable oint, and with spans of such width and elevation above extreme Ihigh water at the point of location as may be required by the Secretary of War: Provided. also, That said draw shall be otpened promptly upon reasonable signal for the passing of boats; an said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the mgm, em. Light-House Board shall prescribe: Provided. also, That any railroad companies desiring to use said bridge shall have and be entitled Use by com comto equal rights and privileges in the passage of the same, and in the p°’“°‘ use of the machinery and fixtures thereof, and of all the aplproaches thereto, under and upon such terms and conditions as sha be pre- remis. scribed by the Secretary of War upon hearing the allegations and proofs of the parties in case they shall not agree. _ Sec. 3. That the Secretary of. \Var is hereby authorized and di- apzergfggrggg ‘;?yf¤ rected, upon receiving any such plans and map and other informa-' tion, and upon being satisfied that a bridge built on such plan and with such accessory works, and at such locality will conform to the