The Birmingham age-herald., 1915-10-23
AN ACT

AN ACT
 No. 42) lS. 40. Hartwell. use certain lands in the Bay of Mo- bile. and authority to improve the same and extend Wharves and terminals there- from into the adjacent waters and to collect charges for the use of said i'm provements, and to provide for the regulation of such charges and to pro- vide for the exercise of the right of em- inent domain.
 Be it enacted by the legislature of Ala bama.
 ]. That whereas the land heretofore covered by the waters of Mobile bay have devolved upon the state of Alabama; and whereas, in the northwestern portion of the Bay of Mobile, within the police jur- isdiction of the city of Mobile, certain islands have been raised upon the said bottom of the said bay in the course of dredging operations of the United States government in the improvement of the ship channel in Mobile bay in the interest ot navigation; and whereas, the said islands with their shadows and adjacent bottom afford a convenient site for the building up and improvement of publicly owned terminals and for other public uses in the aid of commerce and navigate and the city of Mobile, which is already possessed of some public terminals, con- templates further extension or same ;n the interest of commerce and naviga- tion; now, therefore, the right and priyi- lege is hereby granted unto the city of Mobile of eating, installing, erecting and maintaining public terminals, wharves, docks, quays, warehouses, sheds, tipples chutes, elevators, conveyors and other ad- juncts of commerce for receiving, dis charging, storing, protecting, reducing in bulk, transferring loading and unload ing freight and commodities in aid of commerce and navigation, on, over and across said islands lying within the space of two miles measured southwardly from the mouth of Mobile river on it's west side, and the shallows intervening between the same, together with the right 10 dredge out and deepen the approaches thereto and the harbors connected there with, and to charge and collect reason- able tolls for the use thereof; and full power and authority is hereby granted to the city of Mobile to enter upon and place upon said islands and shadows so de- soribed above, and within the waters lying on each side of said islands and of the shallows between the same, wharves, docks piers and all structures aforesaid or needful for the convenient use of the same in the aid of commerce.; but, how ever, the same shall not be extended or maintained into the water beyond such reasonable distance as may be needful for such improvements. and all such structures shall be restricted to within such lines or limitations as may be at the time of construction thereof laid or placed by any authority of the United States. or of the state of Alabama having control of harbor lines. Provided. fur ther. that no such structure shall be built maintained upon or over the lands of the state aforesaid or lands underlying the navigable waters of the state, so as to in anywise unreasonably obstruct naviga- ton, or the freedom of the use of the navigable waters of the state for com merce and navigation, or for harbor pur- poses, nor so as to unreasonaby interfere with the navigation of the cove made by said islands or of the channel on the side of said islands; nor shall any charge be exacted by the city of Mobile of any vessel, barge. boat or raft. sngly or in fleets, for anchorng, moorlng or tying up or remaining on such of the nav igable waters, presumptive or established, either or both of them, alongside of or on the lands of the state abutting thereon, or hereunder, as are herinabove described not then occupied by structures and improvements placed thereon or therein pursuant hereto. or in the cove made by said islands or in the channel on the side of said islands so long as the reasonable use of said wharyes or struc- lures occupying the lands of the state or the aforesaid navigable waters of the state, or the use of the approaches to said wharves and other structures, Qr the coaling of vessels using the same is not unreasonably restricted, interfered with or prevented thereby. This grant is made subject however to the further reservation and right of the legislature or authority constituted by it for such purpose, to yacate or cause to be vacated and repossess or cause to be repossessed by the state, so much of said islands and shallows intervening between the same and lands belonging to the state as may fA af firr1a GSny tho state or the federal government, in aii of navigation and commerce or for harbol purposes. or to insure the freedom ant safety of navigation or the public or thu property abutting up the navigable waters of the state but not otherwise; and tc that end may proceed under it's right oi eminent domain as to the removal of al or any of said structures and the like placed thereon hereunder, all or any parl thereon. so that the rights of the state and the public may be preserved and in. sured under section 24 of article 1 of the constitution of Alabama. Provided, fur ther, that all tolls, imposts. charges and duties authorized hereunder for the use