Page:United States Statutes at Large Volume 30.djvu/1405

FIFTY-FIFTH CONGRESS. Sess. III. Ch. 452. 1899. 1367 ` the transportation over the railroad 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 the United States shall have the right of way across said bridge and its approaches for postabtelegraph pur; 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 drawbridge of Dr¤w-vw such character of construction, and having such width of draw openings and such elevation above high water, as the Secretary of War may prescribe; and the draw openings of said bridge shall be so protected and arranged that water crafts can be worked through them at any and all times; and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river: Provided, That Promos. said draw shall be opened promptly upon reasonable signals for the passage ofboats; and said company or corporation shall maintain at Lights,eto. its own expense, from sunset until sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge opmumoumnavs shall be erected or maintained under authority of this Act which at g“"°"‘ any time substantially or materially obstructs the free navigation of said river; and if any bridge erected under such authority shall, in the Ch¤¤g¤¤.¤t¢= 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 eifectually obviate such obstruction; and all such alterations Litigation. 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 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 may be located: Provided further, That nothing in this Act shall be so construed as to repeal or modify 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 t Rights of milrvads 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 00mp0DS3i2i0l1 fOr such use; and in case — <li¤¤grc¤rno¤t with the owner or owners of said bridge and the several railroad companies, °"" °' b"d""‘ 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 Secretary or wm- m 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 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, and the location of any other bridge or bridges, and shall furnish such otheriniormation 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 the bridge shall not be built; and if any change is required by the Secretary of \Var in the plan of said bridge while the same is in progress of construction or after its completion, or if the entire removal of said bridge is required by him at any time, the cost of such change or removal shall be paid by the company owning or controlling said bridge.