foot bridges.

Railway, wagon, and for crossing said rivers with its railroad line. Said bridges shall be constructed to provide for the passage of railway trains, and at the option of the said railway company by whom they may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as may be fixed by said railway company, and approved by the Secretary of War.

SEC. 2. That said bridges built under this act and subject to its limitations shall be lawful structures, and shall be recognized and known as post-routes, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridges, and they shall enjoy the rights and privileges of other post-roads in the United States; and equal privileges in the use of said bridges shall be granted to all telegraph companies; and the United States shall have the right of way across said bridges, and its approaches, for postal-telegraph purposes.

SEC. 3. That if said bridge or bridges erected and maintained under the authority of this act shall at any time substantially or materially obstruct the free navigation of said bayou or river, or shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge or bridges to be made as will effectually obviate such obstruction; and such alteration 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 bayou or rivers, or either of them, the case may be brought in the district court of the United States of the State of Louisiana in which any portion of said obstruction or bridge may be located: Provided, 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 to exempt said bridge or bridges from the operation of the same.

SEC. 4. That all railroad companies desiring the use of said bridge or bridges shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use.

SEC. 5. That the bridge or bridges authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of navigation of said bayou and rivers as the Secretary of War shall prescribe, and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of said bridge or bridges, and a map of the location, giving for the space of one mile above and one mile below the proposed location of the bridge or bridges, the topography of the banks of the bayou or rivers, the shorelines at high and low water, the direction and strength of the currents at all stages, and the 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 plans and location of the bridges are approved by the Secretary of War, the bridge or bridges shall not be built, and should any change be made in the plan of the said bridge or bridges during the progress of construction, such change shall be subject to the approval of the Secretary of War, and said structure or structures, shall be changed at the cost and expense of the owners thereof from time to time as the Secretary of War may direct so as to preserve the free and convenient navigation of said bayou or rivers.

completion.

SEC. 6. That this act shall be null and void if actual construction Commencement and of the bridges herein authorized be not commenced within one year and completed within four years from the date thereof.

SEC. 7. That the right to alter, amend, or repeal this act is hereby Amendment. expressly reserved.

Approved, August 6, 1888.

CHAP. 753.—An act to authorize the Macon, Tuscaloosa and Birmingham Railroad Company to build bridges across the Black Warrior River and the Tombigbee River, in Alabama.

August 6, 1888.

and Birmingham Rail

and Tombigbee

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Macon, Macon, Tuscaloosa Tuscaloosa and Birmingham Railroad Company, a corporation road Company may created and existing under the laws of Alabama, be, and is hereby, bridge Black Warrior authorized to erect and maintain bridges across the Black Warrior Rivers. River at or near Foster's Ferry, or at such point near said ferry as shall be selected by said railroad company for crossing said river with their railroad line, and across the Tombigbee River in or near township twelve, at such point as shall be selected by said railroad company for crossing said river with their railroad line, the said bridges to have each a draw-span, so as not to interfere with the navigation of said river: Provided, That any bridge constructed under this act and according to its limitations shall be a lawful structure, and shall be known and recognized as a post-route, and the same is hereby declared to be a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States, or for through passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads leading to the said bridges, and equal privileges in the use of said bridges shall be granted to all telegraph and telephone companies; and the United States shall have the right of way across said bridges and their approaches for postal-telegraph purposes.

Proviso.
Lawful

structures

and post-routes.

Postal telegraph.

approve plans, etc.

SEC. 2. That the plan and location of said bridges, with a detailed Secretary of War to map of the rivers at the proposed sites of the bridges and near thereto, exhibiting the depths and currents, shall be submitted to the Secretary of War for his approval, and until he approves the plans and location of said bridges they shall not be built; but upon the approval of said plans by the Secretary of War the said company or corporation may proceed to the erection of said bridges in conformity with said approved plan, and should any change be made in the plans of said bridges during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War. And there shall be displayed on said bridges from sunset to sunrise such lights or other signals as may be prescribed by the Light-House Board.

SEC. 3. That Congress reserves the right to alter, amend, or repeal Amendment. this act at any time; and that if at any time navigation of said rivers shall in any manner be obstructed or impaired by the said bridges, the Secretary of War shall have authority, and it shall be his duty, to require the said railroad company to alter and change the said bridges, at its own expense, in such manner as may be

proper to secure free and complete navigation without impediment; Unobstructed navi and if upon reasonable notice to said railroad company to make such gation. changes or improvements the said company fails to do so, the Secretary of War shall have authority to make the same at the expense of said company, and all the rights conferred by this act shall be forfeited; and Congress shall have power to do any and all things necessary to secure the free navigation of the said rivers

Commencement and completion.

August 6, 1988.

and Lumpkin Railroad

SEC. 4. That this act shall be null and void if actual construction of the bridges herein authorized be not commenced within two years, and completed within four years, from the date thereof.

Approved, August 6, 1888.

CHAP. 754.-An act to authorize the construction of a bridge across the Chattahoochee River in the State of Georgia.

Be it enacted by the Senate and House of Representatives of the Americus. Preston United States of America in Congress assembled, That the assent of Company may bridge Congress is hereby given to the Americus, Preston and Lumpkin Chattahoochee River, Railroad Company, an organization incorporated under the laws of

Ga.

Location.

Secretary of War to approve plans, etc.

Lawful structure and post-route.

the State of Georgia. its successors and assigns, to construct and maintain a bridge over the Chattahoochee River in the State of Georgia. SEC. 2. That said bridge 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 said company or corporation shall submit to the Secretary of War a design and drawings of said bridge, for his examination and approval, and a map of its location, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and in all things shall be subject to such rules and regulations, as may be prescribed by the Secretary of War; and until said plan and location of said bridge are approved by the Secretary of War said bridge shall not be commenced or built; and should any change be made in the plan of said bridge, during the progress of the work of construction, such change shall be subject to the approval of the Secretary of War.

SEC. 3. That any bridge built under this act and subject to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, or passengers or freight passing over said bridge, than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; And they shall enjoy the rights and privileges of other post-roads of the United States. and equal privileges in the use of said bridge shall be granted to all telegraph companies, and the United States shall have the right of way across said bridge and its approaches for postal telegraph purposes: Provided also, That other railroad companies shall Use by other com- have the right to run their cars over said bridge, upon such just and

Postal telegraph.

Proviso.

panies.

Terms.

Amendment.

Commencement and completion.

August 6, 1888.

Northwestern Ril

reasonable terms as may be agreed upon by them and the corporation owning or controlling said bridge, and if the parties cannot agree, then the terms shall be determined by the Secretary of War.

SEC. 4. That the right, to alter, amend, or repeal this act is hereby expressly reserved; and the right to require any changes in said structure, or its removal, at the expense of the owners thereof, whenever the Secretary of War shall decide that the public interest requires it, is also expressly reserved.

SEC. 5 That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, August 6, 1888.

CHAP. 755.-An act to authorize the construction of a bridge across the Alabama River.

Be it enacted by the Senate and House of Representatives of the Alabama Great United States of America in Congress assembled, That the Alabama way Company ay Great Northwestern Railway Company, a corporation existing under at Montgomery, Ala. the laws of the State of Alabama, and having authority to build its

bridge Alabama River

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 of Tuscaloosa, in said State, be, and is hereby, authorized to construct and maintain, for the purpose of making a more perfect connection of its said line, the following railroad bridge, to be used 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.

Railroad bridge.

Unobstructed navi

gation.

Piers.

SEC. 2. That any bridge built under this act shall be constructed and built without interference with the security and convenience of navigation of said river, beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure a compliance with 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 War a plan of the bridge and of such accessory works, together with a detailed map of the river 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, 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 effect the rights and privileges hereby granted, by reason of any defect or failure in the accessory works aforesaid 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 bridge shall be made with unbroken and continuous spans, it shall Spans. be of such elevation above extreme high water mark, as understood at the point of location, to the lowest part of the superstructure of the bridge, and the spans of said bridge shall be of such width as may be prescribed by the Secretary of War: And provided also, That if any bridge built under this act shall be constructed as a drawbridge, 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 point, and with spans of such width and elevation above extreme high water at the point of location as may be required by the Secretary of War: Provided. also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe: Provided, also, That any railroad companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the panies. use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed 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 War is hereby authorized and directed, upon receiving any such plans and map and other information, and upon being satisfied that a bridge built on such plan and with such accessory works, and at such locality will conform to the

Provisos.

Draw.

Lights, etc.

Use by other com

Terms.

Secretary of War to approve plans, etc.

Changes.

Litigation.

Lawful structure and post-route.

Postal telegraph.

Commencement and completion.

Amendment.

prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location, but until such notification has been received, the bridge shall not be commenced or built; should any material change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such change shall be likewise subject to the approval of the Secretary of War. The Secretary may at any time, when in his judgment necessary, require the company owning or controlling said bridge to change the same in any respect, or to entirely remove the structure, all such changes or the entire removal to be at the expense of said company, and if refusal shall be made to comply with his requirements the Secretary of War shall cause such changes to be made, or the entire removal of said bridge, and to cause proceedings to be instituted in the name of the United States in the District court of the United States in whose territorial jurisdiction said bridge or any part thereof is located, for the purpose of recovering from the parties owning said bridge the amount expended in such changes or removal, together with all costs of such litigation.

SEC. 4. That any bridge and accessory works when built and constructed under this act and according to the terms and limitations thereof, shall be a lawful structure, and said bridge shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge. SEC. 5. The United States shall have the right of way for postal telegraph across said bridge, and equal privileges in the use of said bridge shall be granted to all telegraph companies.

SEC. 6. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof.

SEC. 7. That the right to alter. amend, or repeal this act is expressly reserved.

Approved, August 6, 1888.

August 6, 1888.

Railway Company

and Chattahoochee

CHAP. 756.—An act to authorize the construction of bridges across the Flint and Chattahoochee Rivers.

Be it enacted by the Senate and House of Representatives of the Alabama Midland United States of America in Congress assembled, That the Alabama may bridge Flint River Midland Railway Company, a corporation existing under the laws at Bainbridge, Ga., of Georgia and Alabama, and having authority to build its line of River at Gordon, Ala. railroad from a point in the State of Georgia, at or near Bainbridge, to and into the State of Alabama, to a point at or near Montgomery, the capital of said State of Alabama, be, and is hereby, authorized to construct and maintain, for the purpose of making a more perfect connection of its said line, the following railroad bridges, to be used by it, its successors or assigns, for railway purposes, over the rivers and at the localities named following, that is to say: across the Flint River near the city of Bainbridge, in the States of Georgia, at the most suitable and convenient point within one mile of said city of Bainbridge, and across the Chattahoochee River, at or near the town of Gordon, in the State of Alabama, at the most suitable and convenient place and within five miles of said town of Gordon.