Page:United States Statutes at Large Volume 23.djvu/142

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

114 FORTY-EIGHTH CONGRESS. Ssss. I. Ch. 219. 1884. 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 shorelines at high and low water, the direction and strength of the currents et 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 at 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 Pmmo. built: Provided, That if the said bridge shall be made with unbroken C o ii t in u ¤ u s and continuous spans, it shall have three or more channel spans, and shall °P°¤°· not be of less elevation in any case than fifty test above extreme highwater mark, as understood at the point of location, to the lowest part of the superstructure of the bridge, nor shall the spans of said bridge - be less than three hundred feet in length) and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and uot less than three hundred feet in length: And provided also, That if any bridge built Draw-bridge. under this act shall be constructed as a draw-bridge, the same shall be constructed as a. pivot-draw bridge, with a draw over the main ch snnel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw sh all not be less than three hundred feet, and the headroom under such span shall not be less than ten feet above local highm·md _ water mark: Provided also, That said draw shall be opened promptly nhsmg' upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board Pf•wi•¤· shall prescribe: Provided also That all railway companies desiring to Rights. wr-, of use said bridge shall have and, be entitled to equal rights and privileges °*h°’ ’““’°'“"· in the passage of the same, and in the use of the machinery and Hxtures thereof; und 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, in ease they shall not agree. Notice of Sims- Sim. 3. That the Secretary of War is hereby authorized and directed,

      • 7 °f£“' °fh*° upon receiving such plan and map and other information, and upon

°”r°v being satisfied that a bridge built on such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said eompany may proceed to an _ erection of said bridge, conforming strictly be the approved plan and Ch¤'K° m P]¤·¤¤» location ; and should any change be made in the plan of the bridge or said °°"‘ accessory works, during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; and Litigation. in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, the case may be brought in the circuit court of · the United States of the State of Kansas or State of Missouri in which any portion of said obstruction or bridge may be located. pscimxi a hw- Sm:. 4. That the said bridge and accessory works, when built and fil structure, and constructed under this act uml according to the terms and limitations “ P°°*"'°“‘°· thereof; shall be lawful structures; and said bridge shall be recognized and known as a post-route, upon which also no higher charge shall be engage forums- made for the transmission over the same of the mails, the troops, and

  • °°“‘;f '”°u'¤ the munitions of war of the United States than the rate per mile paid

P°’for the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge.