The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1873-01-23
GENERAL NATuRE-No. 81

GENERAL NATURE-No. 2.
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 legislature OF
the State Of Alabama; and to establish them as
rost roads.
Be it ennc ed bv the Senate and House Of Repre-
sentatiues Of the United States Of america in Con-
gress assembled Tn the consent of Congress- be.
and the same is HEREBY. given to the Mobile and
Mont gomery 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 eons.ruct
ed as not to interfere with the free or to materi-
ally or substantially obsrnct the free navigation
of said streams beyond what is necessary in
order to carry into effect the rights and privieg-
es hereby granted; and in case Of anv litigation
arising from any obstruction. or alleged ahstruc:
ton, to the free 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 provided also. That said draw
bridges shall be opened promptly. up'n reasona-
BILE signal for the passage of boats. and in no
case shall unnecessary delay occur in opening
tha said draw during after the passage Of
trains.
SEC 2. That any bridge constructed under this
act. and according to its limitations, shall be s.
lawful structure, and shall be known and recog
nized 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 NUM-
tons of war of the United States than the rate
per mile paid for their transportation over the
railroads or public highways leading to said
bridges. 49,
SIC. 3. 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 FIX
lures 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
i'll case they shall not agree.
SEC. 4. That the right to alter and amend this
act so as to prevent or remove all material OBJ
structions to the navigation of said river by the
construction of bridges is hereby expressly re
served; and that any bridge Or bridges construct
ed under this act shall be built under and subject
to such regulations for the security of the navi-
CATION OF said river as the Secretary of War shall
prescribe; aud the said bridges shall be. at all
times. so kept and managed as to offer reasonable
and proper means for the passage of vessels
through and under them; aud the said bridges
shall be changed, at the cost and expense of the
owners thereof, from time to time as Congress
may direct so as to preserve the free and conve-
nient navigation Of said riyer 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 Congress, so require.
Approved, December o. 1872