New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-15
GENERAL NATURE-So, 81

An act authorizing the construction of rail
road bridges across the Mobile river and
other navigable streams tributary to Mo-
bile bay, in accordance with the acts of
the Legislature OF the State of Alabama,
and to establish them as post-roads.
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That the
consent of Congress be, and the same is
hereby, given to the Mobile and Montgom-
cry Railroad Company to erect one or more
draw bridges over the Mobile river and
other navigable streams tributary to Mobile
bay, in accordance with the acts of the
Legislature of Alabama Incorporating said
company; provided, that the said draw
bridges shall be so constructed as not to
interfere with the free or to materially or
substantially obstruct the free navigation
of said streams, beyond what is necessary
in order to carry into effect the rights and
privileges hereby granted; and in case OF
any litigation arising from any obstruction,
or alleged OBSTRUCTION, to the free naviga-
ton OF said river, the cause may be tried
before the district court of the United
States of the State of Alabama in which
any portion of said obstruction or bridges
touches; and provided also, that said draw.
bridges shall be opened promptly. upon
reasonable signal, for the passage OF boats.
and in no case shall unnecessary delay oc.
cur in opening the said draw during or after
the passage of trains.
SEC. 2 That any bridge constructed under
thi. act. and according TO its limitations.
shall be a lawful structure. and shall be
known and recognized 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 rail
roads or public highways leading to said
bridges.
SEC. ). That all railway companies de.
string to Use said bridges shall have and be
entitled to equal rights and privileges in
the passage OF the same. and in the use of
the machinery and fixtures thereof, and OF
all the approaches thereto. under and upon
such terms and conditions as shall be pre-
scribed by the Secretary of War. upon hear
ing I he allegations and proofs OF the parties
in case they shall not agree.
SEC. 4. That the right to alter or amend
this act so as TO prevent or remove all ma
terlal distractions to the navigation of said
river by the construction of bridges Is here
by expressly reserved: and that any bridge
or bridges constructed under this act shall
be built under and subject to such regula-
lions for the security OF the navigation of
said river as the Secretary of War shall
prescribe; and the said bridges shall be, at
all times, 80 kept and managed as to offer
reasonable and proper means for the passage
of vessels through and under them; and
the said bridges shall be changed, az the
cost and expense of the owners thereof,
from time to time, as Congress may direct,
so as to preserve the free and convenient
navigation of said river; and the authority
to erect and continue said bridges shall be
subject to revocation by law whenever the
public good shall, in the judgment of Con-
gress. so require.
Approved December a. 1872