Changes. Lights, etc. Commencement and completion. Amendment. Effect. March 2, 1889. Montgomery and Sylacauga Railroad Company may bridge Judkin's Ferry, Ala. Railway, wagon, and foot bridge. Lawful structure and post-route. Postal telegraph. Use by other companies. Compensation. and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built, and should any change be made in the plan of said bridge during the process of construction such change shall be subject to the approval of the Secretary of War; and the said structure shall be at all times so managed and kept as to offer reasonable and proper means for the passage of ves‐ sels through or under said structure; and to secure the safe passage of vessels at night there shall be displayed on said bridge, from the hour of sunset to that of sunrise, such lights as may be prescribed by the Light-House Board, and the said structure shall be changed, at the cost and expense of the owners thereof, from time to time, as the Secretary of War may direct, so as to preserve the free and convenient navigation of said river. SEC. 6. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved. SEC. 8. That this act shall take effect and be in force from and after its passage. Approved, March 2, 1889. CHAP. 388.-An act to authorize the Montgomery and Sylacauga Railroad Company to construct a bridge across the Tallapoosa River. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Montgomery and Sylacauga Railroad Company, organized under the laws of the State of Alabama, be, and is hereby, authorized to construct and maintain a bridge, and approaches thereto, over the Tallapoosa River at or near Judkin's Ferry, in the State of Alabama. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers. SEC. 2. That any bridge built under this act and subject to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies: and the United States shall have the right of way over said bridge for postal telegraph purposes. SEC. 3. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several Secretary of War to railroad companies, or any of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties. decide. Secretary of War to approve plans, etc. SEC. 4. That the bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company or cor poration shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built, and should any change be made in the plan of said bridge during the progress of construction such changes shall be subject to the approval of the Secretary of War; and the expense of such change and of any other changes at any time required by the Secretary of War in said bridge, or its entire removal after being completed, if the Secretary deems the same necessary, shall be paid by the persons or corporation owning or controlling said bridge. SEC. 5. That the right to alter, amend, or repeal this act is hereby Amendment. expressly reserved. SEC. 6. That this act shall be null and void if actual construction Commencement and completion. of the bridge.herein authorized be not commenced within two years and completed within three years from the date thereof. Approved, March 2, 1889. CHAP. 389.-An act to grant to the Gulf and Chicagɔ Air-Line Railway Company the right to construct bridges over the Tombigbee, Warrior, and Tennessee Rivers, and across Grand Pass to Dauphin's Island, in the Gulf of Mexico. March 2, 1889. Gulf and Chicago Air-Line Railway Warrior River, at Tuscaloosa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Gulf and Chicago Air-Line Railway Company, a corporation duly organized Company may bridge and legally incorporated under the laws of the State of Alabama, Tombigbee River, Ala. its successor or legal representative, may erect a bridge over the Tombigbee River at such point in the vicinity of Coffeeville, in Clarke County, as surveys and examinations may establish to be the best and most advantageous point for crossing said river. Said corporation, its successor or legal representative, may also construct bridges over the Warrior River at or near Tuscaloosa, and the Tennessee River at or near Milton's Bluff; and for purposes of reaching a terminal point and uninterrupted navigation at deep water on the Gulf of Mexico, said railway company may construct and extend its line from its present terminus at Cedar Point, in said State of Alabama, across Grant Pass and the shoal waters intervening, to Dauphin's Island, in the Gulf of Mexico; and for such purposes may construct, operate, and maintain such tramways, tracks, road-beds, bridges, and terminal facilities at and between said Dauphin's Island and Cedar Point, or in vicinity thereof, as are necessary for use of said railway in the common course and conduct of its business. Tennessee River, at Milton's Eluff. Grant Pass to Dauphin's Island. Construction. Provisos. SEC. 2. That any bridge built under the provisions of this act may, at the option of said Railway Company, be built as a draw-bridge or with unbroken and continuous spans: Provided. That if any such bridge shall be made with unbroken and continuous spans, the main Spans. span shall be over the main channel of such navigable river or pass, and shall be of such width, and the lowest part of the superstructure shall be of such height above extreme high-water mark, as the Secretary of War may prescribe; and such bridge shall be at right angles to and its piers parallel with the current or channel of the river or pass over which it may be constructed; and if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed with an opening over the center of the channel of the river or pass, and shall be of such width, character, and construction as the Secretary of War shall prescribe, and the piers of said bridge shall be parallel with the current, and the draw of said bridge shall be over the main or deep channel of the river or pass, Draws. Opening draws, Lights, etc. as may be fixed and determined by the Secretary of War: Provided also, That the said draws shall be opened promptly upon reasonable signal for the passage of boats, and in no case shall unnecessary delay occur; and said company or corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridges as the Light House Board shall prescribe: And provided also, May be wagon and That said bridges, at the option of the Corporation or Company by which they may be built, may be used for the passage of wagons or vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rate of toll as may be approved from time to time by the Secretary of War. foot bridges. Toll. Lawful structures and post-routes. Postal telegraph. SEC. 3. That any bridge authorized to be constructed under this act shall be a lawful structure, and shall be recognized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States, 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 the United States, or for through passengers or freight passing over said bridge or bridges, than the rate per mile for their transportation over the railroads leading to the said bridge or bridges; and equal privileges in the use of said bridges shall be granted to all telegraph companies and the United States shall have the right of way for a postal telegraph across said bridge or bridges. Said bridge or bridges, and the construction and extension of the line from its present terminus at Cedar Point across to Dauphin's Island, and the terminal facilities at and between Dauphin's Island and Cedar Point, where they project into navigable water, shall be built and located under and subject to such regulations for the security of navigation of navigable rivers and waters as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of Secretary of War to War, for his examination and approval, a design and drawing of any such bridges or constructions, and a map of location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, and shores of Mobile Bay, Gulf of Mexico, Mississippi Sound, or Strait connecting Mobile Bay and Mississippi Sound, the shore-lines at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed and channel of the stream, the locat on of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plans and location of the bridge or bridges or constructions are approved by the Secretary of War the bridge or constructions shall not be built; and should any change be made in the plan of any such bridge or construction during the progress of construction thereof, such change shall be subject to the approval of the Secretary of War. approve plans, etc. Changes. Use by other companies. Compensation. SEC. 4. That all railroad companies desiring the use of any bridge constructed under this act shall have and be entitled to equal rights and privileges relative to the passage of railways trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid and upon rules and conditions to which each shall conform in using Decision by Secre- said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties. tary of War. Alterations. Litigation. SEC. 5. That such alterations or changes as may be required by the Secretary of War or Congress in bridges or other structures built under the provisions of this act shall be made by the persons or corporations owning or controlling said bridges or structures at their own expense; and if any litigation shall arise in regard to said bridges, or either of them, by reason of their obstructing naviga- Right of way, etc., military reservation, SEC. 6. No tramway, track, road-bed, wharf, pier, or other structure shall be built upon the United States military reservation on Dauphin's Isaid. Dauphin's Island, without the approval and consent of the Secretary of War first had, and the said structure shall be removed by the parties owning or controlling the same, at their own expense, when the Secretary of War so requires: Provided, also, That the United States may use such structure when built without charge. SEC. 7. That this act shall be null and void if actual construction of the bridge or bridges herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, March 2, 1889. Proviso. Use by Government. Commencement and completion. CHAP. 390.—An act for the relief of certain volunteer and regular soldiers of the late war and the war with Mexico. March 2, 1880. Charges of desertion removed from record Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC: 1. That the charge of desertion now standing on the rolls and records in the office of cel tall. Volunteers. of the Adjutant General of the United States Army against any soldier who served in the late war in the volunteer service shall be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such soldier served faithfully until the expiration of his term of enlistment, or until the first day of May, anno domini eighteen hundred and sixty five, having previously served six months or more, and, by reason of absence from his command at the time the same was mustered out, failed to be mustered out and to receive an honorable discharge, or that such soldier absented himself from his command, or from hospital while suffering from wounds, injuries, or disease received or contracted in the line of duty and was prevented from completing his term of enlistment by reason of such wounds, injuries, or disease. SEC. 2. That the Secretary of War is hereby authorized to remove the charge of desertion from the record of any regular or volunteer soldier in the late war upon proper application therefor, and satisfactory proof in the following cases: First. That such soldier, after such charge of desertion was made, and within a reasonable time thereafter, voluntarily returned to his command and served faithfully to the end of his term of service, or until discharged. Second, That such soldier absented himself from his command or from hospital while suffering from wounds, injuries, or disease, received or contracted in the line of duty, and upon recovery voluntarily returned to his command and served faithfully thereafter, or died from such wounds, injuries, or disease while so absent, and before the date of muster out of his command, or expiration of his term of service, or was prevented from so returning by reason of such wounds, injuries, or diseases before such muster out, or expiration of service. Third. That such soldier was a minor, and was enlisted without the consent of his parent or guardian, and was released or discharged from such service by the order or decree of any court of competent jurisdiction on habeas corpus or other proper judicial proceedings; and in any such case, no pay, allowance, bounty, or pension, shall be allowed or granted. Applications for re moval. Return to duty. Absence while sick or wounded. Minors discharged by order of court. Removal of charge listed. SEC. 3. That the charge of desertion now standing on the rolls and where soldier re-en- records in the office of the Adjutant General of the Army against any regular or volunteer soldier who served in the late war of the rebellion by reason of his having enlisted in any regiment, troop. or company, or in the United States Navy or Marine Corps, without having first received a discharge from the regiment, troop, or com pany in which he had previously served, shall be removed in all cases wherein it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such re-enlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to, had he remained under his original term of enlistment; that the absence from the service did not exceed four months, and that such soldier served faithfully under his re-enlistment. Limitation. Return to duty without trial, etc. Disability removed in prosecuting pen sion, etc., claim. Pay and bounty. Proviso. Not entitled to pay, out leave. SEC. 4. That whenever it shall appear from the official records in the office of the Adjutant General, United States Army, that any regular or volunteer soldier of the late war was formally restored to duty from desertion by the Commander competent to order his trial for the offense, or, having deserted and being charged with desertion, was, on return to the service, suffered, without such for mal restoration, to resume his place in the ranks of his command, serving faithfully thereafter until the expiration of his term, such soldier shall not be deemed to rest under any disability, because of such desertion, in the prosecution of any claim for pension on account of disease contracted, or wounds or injuries received in the line of his duty as a soldier. SEC. 5. That when the charge of desertion shall be removed under the provisions of this act from the record of any soldier, such soldier, or, in case of his death, the heirs or legal representatives of such soldier, shall receive the pay and bounty due to such soldier: Provided, however, That this act shall not be so construed as to give to etc., while absent with any such soldier, or, in case of his death, to the heirs or legal representatives of any such soldier, any pay, bounty, or allowance for any time during which such soldier was absent from his command without proper authority, nor shall it be so construed as to give any pay, bounty, or allowance to any soldier, his heirs or legal representatives, who served in the Army a period of less than six months. SEC. 6. That the Secretary of War be, and he hereby is authorized and directed to amend the military record of any soldier who enlisted for the war with Mexico, upon proper application, where the roils and records of the Adjutant General's office show the charge of desertion against him, when such rolls and records show the facts set out in the following cases: Mexican war soldiers. Application for removal of charge of desertion. Length of service. Voluntary return. Cases excepted. Military record cor rected and honorable discharge to issue. First. That said soldier served faithfully the full term of his enlistment, or having served faithfully for six months or more, and until the fourth day of July anno domini eighteen hundred and forty eight, left his command without having received a discharge. Second. That such soldier, after said charge of desertion was entered on the rolls, voluntarily returned to his command within a reasonable time, and served faithfully until discharged. SEC. 7. That the provisions of this act shall not be so construed as to relieve any soldier from the charge of desertion who left his command from disaffection or disloyalty to the Government, or to evade the dangers and hardships of the service, or whilst in the presence of the enemy (not being sick or wounded), or while in arrest or under charges for breach of military duty, or in case of a soldier of the Mexican War, who did not actually reach the seat of war. SEC. 8. That when such charge of desertion is removed under the provisions of this act, the soldier shall be restored to a status of honorable service, his military record shall be corrected as the facts may require, and an honorable discharge shall be issued in those cases |