New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-26
GENERAL NATUEE-Nu. 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
Che Legislature OF the State of Alabama,
and 70 establish them as postrOadS.
Be it enacted by the Senate and House of
Representatives, of the United States of
America il Congress assembled, That the
consent OF Congress be, and the same is
hereby. given 70 the Mobile and Montgom.
cry Railroad Company TO erect one or more
draw bridges over the Mobile river and
other naVigabfe 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
privileged hereby granted; and in case of
any litigation arising from any obstruction,
or alleged obstruction, 70 the free naVi ga.
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
touchtss and provided also. that said draw.
bridges shall be opened promptly. upon
reasonable signal. for the passage of boats,
y
cur in opening the said draw during or after
the passage of trains.
SEC. .. That any bridge constructed under
this act, and according to it, limitations.
shall be lawful structure. and shall be
known and recognized az "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 thu United States than the rate per mile
~
roads OF 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 the allegations and proofs o! the parties
in case they shall not agree.
SEC. 1. That the right TO alter or amend
th. act 50 as to prevent or remove all ma
teIlal 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-
ton. 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, :" kept and managed as 20 offer
reasonable and proper meas for the passage
of vessels through and under them; and
the said bridges shall be changed. az the
cost ami expense of 'he owners thereof.
from time 20 time. as Congress may direct.
So as to preserve the free and convenient
navigation of said river: and the authority
to erect ard continue said bridges shall be
subject to revocation by law whenever the
sI,oI IN Il %
gress. so require.
AnnrnveN Dncen,',er II Isl,