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


 preparing for shipment. any goods, wares and merchandise carried, or to be car Tied over, along upon such railroads. l H. The said board shall have the right and authority with its terminal | railroads, to connect with or cross any l otner railroad. and to receive, deliver 10 ana transport the freight, passen- gers and cars of common carrier rail- roads, as though 1t was an ordinary common carrier railroad They shall
 have and enjoy all rights, powers and
 immunlties incident to corporations. 1 r. The said board with the consent
 or the city or county authorities may cause the tracks of such terminal rail- roads to be laid upon any streets or
 roads which are now open or dedicated | or that may hereafter be opened or Dedicated, within their respective cor I porate limits, and any bridge, trestle, l causeway, or other structure necessary l or proper to be constructed in order
 to enable any tracks constructed under authority of their act, to reach any piers docks, wharves, warehouses. i quays, or other public terminals, may
 be constructed and maintained perpet- ually over, or upon any lands owned 1 by the state of Alabama, provided the
 strip of state land so used shall not | be more than 125 feet in width, but all such bridges, trestles, causeways, 1 or other structures when across or 1 over navigable waters, or the shores thereof. shall be erected under such limitations or restrictions as may be now, or at any time, made or placed l by any authority of the United States l or of the state of Alabama, having control of harbor and pier lines and so as not to infringe upon the riparian rights of any person. unless said rights shall have been acquired by purchase, condemnation or otherwise by such cities.
 13. For the acquiring of rights of way and property necessary for the construction of the railroads and structures authorized in accordance with this act, such board shall have the right and power of purchase and eminent domain, and should they elect to exercise the right of eminent do- main, they may proceed in the man. ner provided by the general laws of the state of Alabama for procedure by any county, municipality or corpora- ton organized under the laws of this state or any person or association of persons proposing to take lands or to acquire an interest or easement there in, for any uses for which private property may be taken.
 k IA. The said board shall have the right to make and collect suitable charges for the performance of any service rendered under the authority given in this act, all charges for trans- portation being subject to control by the railroad commission of Alabama or other governmental authority in the same manner as ordinary common car Tier railroads are regulated.
 15. For the acquiring of the prop erty or riparian rights necessary for the construction or control of said wharves. piers, docks, quays, ware- houses and other water terminals, and other structures for the convenient use
 
 thorized to be constructed or con- trolled under the provisions of this act, the board shall have the right to purchase and of eminent domain, they may proceed in the manner provided by the general laws of the state Of Alabama for procedure by any county, municipality or corporation organized under the laws of this state, any person or association of persons pro- posing to take lands or to acquire an interest or easement therein, for any uses for which private property may | be taken. From any order or regula- l tion of the board of state harbor com misioners fixing, making or establish l ing any fee, rate. charge, compensa- tion or regulation for any service in | or about the business or control of the | river, harbor or port of Mobile, an ] appeal may be taken by any party in | interest to the state railroad commits |
 
 sion shall and is hereby given the | power and authority to hear and de- 1 termine the same and to make all nec- | essary orders for the enforcement of | it's findings.
 16. The said board may issue bonds | for the purpose of paying the pur- chase money and cost of construction | of property purchased or constructed ! under the authority contained herein. | But the state of Alabama shall not be | bound or liable in any manner what soever for the payment of said bonds | or interest thereon
 IT. All bonds and interest coupons attached to the same, issued under the | authority of this act shall be exempt | from state, county and municipal tax atfon, and the same shall have all the property and protection. of commercial paper.
 IS. The denomination of the bonds the time for which the same shall run, the place of payment, and the rate of in- terest to be paid on the same shall be fixed by the board, but no bonds issued under the provisionSof this act shall bear a greater rate of interest than per r cent per affnum, and the same shall | not be sold for less than face value.
 19. All bonds issued under the author ity of this act shall be signed by the chief executive officer and countersigned | by the secretary and treasurer of the board issuing the same, and the official seal of the board shall be impressed upon or affixed to the same.
 20. All bonds so issued shall have at- tached to the same interest coupons. which shall bear the signature of the chief executive officer, and the secretary and treasurer of the board issuing the sal me. but their said signatures may be printed or Autographed fac-similles.
 21. No irregularity in the proceedings to authorize the issue of bonds under this act nor the omission or neglect of any officer charged with executing any of the duties imposed by this act, shall af- feet the validity of any bonds issued under the authority of this act.
 g. The said board shall have power to fix wharf harbor lines. All wharves shall be open to the use of all persons engaged in commerce on said river and bay. without the distinction or discrim- nation, in order that the navigable wa ters of Mobile bay and Mobile river, within the Jurisdiction of said board shall remain forever public highways. free to the citizens of the state and of the United States, and that the wharfage or commodities for the use of wharves erected on said shores may be uniform, g nd that no discrimination in their use may be made by the owners of said wharvea The said board shall have power to prescribe reasonable rules and to prevent any discrimination in the use of said wharves, and to pre- vent improper and unjust charges. The said board shall have the right and power to require the owners of the up- land who have constructed Wharves upon