Page:United States Statutes at Large Volume 27.djvu/362

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FIFTY-SECON D CONGRESS. Sess. I. Ch. 327. 1892. 335 of way across said bridge and its approaches for postal telegraph pur- Postal mngmpn. poses, and all telegraph and telephone companies shall have equal rights and privileges in constructing and maintaining their lines across said bridge. Sec. 3. That said bridge shall be constructed as a dmwbridge; the ”’“""'*“!°- draw or pivot pier shall be at such point in the channel of the river as the Secretary of War may direct, and the opening or passage way of said draw pier shall be so protected and arranged that water crafts can be worked through it at any and all times; and the draw span shall Mw ¤r=¤¤- not be of less width, nor shall the lowest part of same be of less elevation above high water, than are the widest and highest of those authorized by Congress for any bridge over the Tennes ee River; and the piers of said bridge shall be parallel with and the bridge itself at right angles to the c11rrent of the river: Provided, That in said bridge there umu. shall be one span of not less than three hundred feet in the clear: L°"g"‘ °" °‘“”‘· Provided also, That said draw shall be opened promptly upon reason- Opening mw. able signals for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset until Sl1D.1'lS8, such Lights. em. lights or other signals on said bridge as the Light·House Board shall prescribe. No bridge shall be erected or maintained under authority of this act which at any time substantially or materially obstructs 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 01¤¤¤z¤¤.•>t<>- 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 alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge, and in msc of any litigation arising from any obstruction or alleged obstruction Liugnenn. to the free navigation of said river, caused or alleged to be caused by said bridge, the cause may be brought in the circuit court of the United States or the State of Alabama in whose jurisdiction any portion of said obstruction or bridge maybe located: Provided further, That nothing in this act shall be so construed as to repeal or modify Existing an not any of the provisions of law now existing in reference to the protection ¤**°°°***· of the navigation of rivers, or exempt this bridge from the operation of the same. Sec. 4. That all railroad companies desiring the use of said bridge We by Miner ¤¤¤¤— shall have and be entitled to equal rights and privileges relative to the ”°'”°“' passage of railway trains over the same, and over approaches thereto, upon payment of a reasonable compensation for such use, and in case cmnpnnsmnn. the owner or owners of said bridge and several railroad companies, or any 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 act S<·¤*g*¤g"·;* muh shall be built and located under and subject to such regulations for the °m°r° ° P °’ ` security of navigation of said river as the Secretary of \Var shall prescribe; and to secure that object the said company shall submit to the Secretary of War for his examination and approval a design and drawing of the bridge, and a map of 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 shore lines at high and low water, the directions_and strength of currents at all stages, and soundings accurately showing the bed 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 plan and location of the bridge are approved by the Secretary of _ W'ar the bridge shall not be built, and if any change is required by the Secretary of War in the plan of said bridge whilst the same is in