Page:United States Statutes at Large Volume 33 Part 1.djvu/788

FlFTY—EIGHTH CONGRESS. Sess. II]. Ch. 546. 1905. 70] authorized and empowered to erect, establish, maintain, and operate a railway and road or highway bridge across the Tennessee River at such point or place at or near the city of Decatur, Alabama, as may be by said company selected and approved by the Secretary of War: and if Q,l**—'“°“°¤ *°¤"*· said bridge, erected and maintained under the authority of this Act gu m` shall at ang time unreasonably obstruct the free navigation of said river, or s all in the opinion of the Secretary of War unreasonably obstruct such navigation, he is hereb authorized to cause such change 01m¤s<¤- or alteration of said bridge to be madre as will eifectually obviate such obstruction; and such alteration shall be made and all such obstructions be removed at the expense of the owners or operators of said bridge; and in case of any itigation_arising from any obstruction or alleged obstruction to free navigation of said river by reason of the construction of said bridge, the same shall be instituted and determined in the district court of the United States for the northern division of the northern district of Alabama: Provided, That nothing in §’¢¤‘{€°· , I this Act shall be so construed as to repeal or modify any of the provi- aaeixiig im mn sions of law now existing in reference to the navigation of rivers, or to exempt this bridge from the operation of the same. Sec. 2. That the bridge author1zed to be constructed under this Act E mmmhgw ¤> shall be located and bui t subject to such regulations for security of Ppmvw' 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 general design and drawing of said bridge and a malp of the location, giving, for the space of one mile above and one m' e below the proposed location, the topography of the banks of the river, the shore lines at high and low water, soundings showing the bed of the stream, and such other information as the Secretary o War may reguire for a full and satisfactory understanding of ·the subgect; and unti the plan and location of thebridge are a proved by the ecretary of War the construction of said bridge shall not be commenced. ‘ Sec. 3. That a draw shall be made and maintained in such bridge, °P°¤*¤¤ dm'- which said draw shall be opened promptly upon reasonable signal for the passin of boats; and such lights or signals as the Light-House L*8h**·°*°· , Board shadl prescribe shall be displayed from sunset until sunrise on said bridge by the owners or operators thereof at their own expense. Sec. -1. That all railroad companies desiring the use of said bridge U" '°¥ °"*°"°°°*· shall have and be entitled to equal rights and privileges relative to t 10 passage of railway trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and °°“'*’°"““°“· in case ot disagreement between the parties in regard to the compensation to be paid or the conditions to be observed, all matters at issue shall be determined by the Secretary of War. Sec. 5. That the bridge to be built under this Act and according to _¤!:,¤p*;:t¤rl,u€;f¤¤*¤¤ its limitations shall be held to be a lawful structure, and shall be recognized and known as a post route, upon which also no higher charge shall be made for transportation over the same of the mails, troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroad or other medium of convey- ance leading to such bridge; and it shall enjoy the right and privileges of other post-roads in the United States; and the Lmted States shall _ have the right of way across said bridge and its approaches for postaltelegraph pu ses; and all telegraph and telep one companies shall m;`h$;_°8'“P’*· ***°·· have equal rightis and privileges in constructmgand mamtaimng the1r _ lines across said bridge: Pro/vided, That if the ecatur Transportation ;;"'°· and Manufacturing Company should determine at any time to charge ` toll for passin over the bridge, a schedule of the charges shall be submitted to the Secretary of lVar for his approval,_reduction, or refusal, and shall not go into effect until approved by him: and if any