The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-01-21
r Avs or THE UNITED STATES PASSED
IL AT THE THIRD SESSION OF THE
FORTY-SECOND CONGRESS
GENERAL NATuRE-No. 81


AN ACT authorizing the construction of rail.
road-bridges across the Mobile river and
other navigable streams tributary to Mobile
BAY In accordance with the acts of the legis-
lature of the State of Alabama, and to estab-
fish them as postroads
Be it enacted by the Senate and House Of Rep
resentatipes of the United States Of Amertcd in
Congress assembled, That the consent Of Con-
gress be, and the same is hereby, given to the
Mobile and Montgomery 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 com.
pany /: Provided, That the said draw-bridges
shall be SO constructed as not TO interfere with
the free or to materially or substantially OBJ
struct the free navigation OF said streams, be-
yond what is necessary in order to carry into
effect the rights and privileges hereby granted;
and in case of any litigation arising from any
navigation 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 pro-
pided also, That said draw-bridges shall be
opened promptly, upon reasonable signal, Tor
the passage of boats, and in no case stall I'M
necessary delay occur in opening the said draw
during or after the passage of trains
SEC 2, 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 pest-route, upon
which, also no higher charge shall be made for
the transmission over the same OF the malis, tne
troops, and the munlt1OnS OF WuT VI Iue Oniteu
States than the rate per mile paid for their
TRANSFORMATION over the railroads or public
highways leading to said bridges.
SRc g. That all railway companies desiring
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 CON
ditions 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. A. That the right to alter or amend this act
so as to prevent or remove all material obstruc
tions to the navigation of said river by the
construction of bridges is hereby expressly re-
served and that any bridge or bridges con-
Atructed under this act shall be built under ano
subject to such regulations for the security o.
the navigation of SAID river as the Secretary
of War shall prescribe and the said bridges
shall be, at all times, SO kept and managed
as to offer reasonable ard proper means for The
passage ofsyessels through and under them
and the said bridges shall be changed, at th'
cost and expense of the owners thereof, from
time to time, as Congress may direct, so as t.
preserve the free and convenient navigation o
said river; and the authority to erect and con
tinue eaid bridges shall be subject to revocation
by law whenever the public good shall. In tn
Judgment of Congress, so require.
Approved, December "a. 1872.