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New Orleans Company v. State of Mississippi District Attorney, February 7, 1867, relating to plaintiff in error, are referred to in the opinion: 'And it is also provided that said company is authorized and empowered to construct and maintain its said railroad over and across any of the waters of this state on the line of the same by bridges: provided, however, that in the central portion of the channel of the Pearl river, of the Bay of St Louis, of the Bay of Biloxi, and of the East Pascagoula river, and in each of them, said company shall construct and maintain a draw-bridge, which, when open, shall give a clear space for the passage of vessels, of not less than sixty feet in width, and said company, after the construction of the said draw-bridges, shall, at all times thereafter, provide that said draw-bridges shall be opened for the passage of any and all vessels seeking to pass through the same without unnecessary delay: provided, however, that in case the company shall locate the line of their road across the channel of the Rigolet, at a point south of or below the principal entrance of Pearl river into the Rigolet, then the said company shall not be required to construct a draw-bridge across any bayou leading into Pearl river, or across any small pass or mouth of said river It is also provided that such part of this section as relates to Pearl river, if the line of the road shall be located across the said river at a point where it constitutes the boundary line between the state of Mississippi and the state of Louisiana, shall not take effect until the state of Louisiana has consented to and authorized the same, or said company has built such a bridge across said Pearl river, for its said railroad, as shall be in accordance with this section, and also with any authority or power granted to said company by the said states of Louisiana in the premises, and such draw-bridge may be built in the center of the channel of said Pearl river, or in that portion of the same within the territory of the state of Louisiana or of this state, as most convenient for public use' Laws Miss 1867, pp 332, 335, 336 .
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