Page:United States Statutes at Large Volume 22.djvu/172

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FORTY-SEVENTH CONGRESS. Ssss. I. Ch. 266. 1882. 145 Secretary of War as to railway trains, and as to wagons, vehicles, emi- $5 and foot-passengers such rams as may be provided by the laws of ansas. . Sec. 2. That any bridge built under this act is subject tp its limita- Do¤1»m¤1• msttious, shall be :1 lawful structure, and shall be recognized and known '°“*° md '* hm] as a. post·1·0um, 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 passengers or freight passing over said bridge than the rata per mile paid for the transportation over the railroads or public highways leading to the said bridge- and it shall enjoy the rights and privileges of other post roads in the bnitod States. Sm:. 3. That said bridge shall be cbnstrncted with a draw 01' pivot pl-.w_ spun, which shall be over the main channel of the river atanaccussablo navigable point, and the openings 011 each side of tho pivot pier, shall _ _ bo not less than one hundred and sixty feet in the clear aud as nearly as practicable both of said openings be accessible at ail stages of the water; that the spans shall not bclcss than ton feet above extreme high spam. water mark as understood at the point of location, to the lowest part: of the superstructure of said bridge; that the piers and draw rests of said mm bridge shall be built purillcl with the currents at that stage of the river which is most important for navigation, and that no rip-mp or other outside protection for imperfect foundations be permitted to approach nearer than four feet to the surface of the water at its extreme low stage or otherwise to cmércach upon the channel ways provided for in this act: Provided, That said draw shall be opened promptly by said rmsn.- ocmpany, upon rcasonablcwignal, for the passage' of boats; and said company or corporation shall maintain at its own expense, from sunset till such lights or other signals un mid bridge as the Light-House Lfghm _ Board aha I prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or mate- ` rially obstruct the free navigation ·of said river; and if any bridge p,,, ,,,5;,g,, erected under such authority shall, in the opinion of the Secretary of ofyivortobomain- Wan, obstruct smh navigation, he in hereby authorized to cause such *•¤¤¤· change or alteration of said bridge to be made as will efoctuully obvistu such obstruction; and all such alterations shall be made, andull muh obstructions be removed, at the expense of the avmur or owners ofsaid bridge. And in casa of any litigation arising hom any obstruction or alleged obstruction to the fme navigation of said river, caused on-alleged to be caused by said bridge} the case may be brougpt in the district court of the United States 0 tho State of Arkansas m which any portion of said obstruction or bridge may be located : hovidedfunhu, 1'*~vi••. · That nothing in this act shall be so construed as torepeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge ii·om the operation of the same. . S30. 4. That all Railroad Companies desiring the use of said bridge, _R¤i!¤>¤d *******5 shall have and be entitled to equal rights and privileges relative to the Qfxgm passage of railway trains over the same, and over the approaches Qin; g,,,.?:; thereto, upon payment of a reasonable compensation for such uso, and ¤£Wu·w0.•¤id• in in case the owner or owners of said bridge, and the several rail-mad ¤¤¤• Miguwm °‘ companies, or any of them, desiring such uso, shall fail to agree upon the °°“‘P‘“‘ °’"°“ sum or sums to be paid, and upon rules and conditions, to which each · nhali conform in using said bridge, all matters at issue between them shall be decided by the Bccmtyry of War upon a hearing of the allegstiom and proofs0I' the parties, That the provisions of soc- Aman. mm two in regard to charges forpa¤sc¤£rs_a¤d high; across uid bxklgn shall not govern the Secretary of ar gu dctomxmng any quagtiem arising as to the sum orsums to bapmd tctba.owncrs of and bridge, by said comgwina {cr the uso of said bridge. 8xc.5.T1sma.ui mtg ¤utbomedmbe¤mst:¤e¤¤Q¤¤¤¤r¤§»•¤¤§t° é siswlibshniltatrd h,”*F •wuHty-ot¤»x1g:s1im:o¢uidmu a_ Secretary , W¢ffd¤¤9l¤¤- _ XX}I—~r·-—-Jn