Page:United States Statutes at Large Volume 24.djvu/502

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FORTY-NINTII (EONGRESS. SEss. II. Ch. 334. 1887. 469 passage of railway trains, of wagons and vehicles, for the transit of animals, and for foot-passengers. Sec. 2. That any bridge built u11der this act and subject to its limi- To be a lawful tatious shall be a lawful structure, and shall be recognized and known ¤**¤°t¤*•> wd P<>¤l>· as a post-route, upon which also no higher charge shall be made for "°"*°' the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States. » . Sec. 3. That such bridge shall be constructed at right angles with Construction. the channels of said river, the piers or abutments to be constructed on the land side of the harbor or pier lines established by law. Such bridge shall be not less than one hundred and fifty feet elevation above mean high water at the middle of each channel of the river, and no part of the lower chord of the channel-span less than one hundred and forty- two feet above mean high water. Sec. 4. That in order to secure a compliance with these conditions, Plans, etc.,tobe the company, its agents and assigns, previous to commencing the con- ¤PP¤>V¤dl»yS¤¤=r¤- struction of the bridge, shall submit to the Secretary of War a plan of mr? °f W“’· the bridge, with a detailed map of the river at the proposed site of the bridge and for the distance of a mile above and below the site, exhibiting the depths at low and high tide, and currents at all points of the same, together with all other information touching said bridge and river as may be deemed requisite by the Secretary of War to determine whether the said bridge when built will conform to the prescribed conditions of the act not to obstruct, impair, or injuriously modify the navigation of the river. Sec. 5. That the Secretary of War is hereby authorized and directed, Notilication or upon receiving said plan and map and other information, and upon being *PP!'°"i*‘ "°f°*° satisfied that a bridge built on such plan and at said locality will con- b°g"“"“g ‘""k‘ form to the prescribed conditions of this act not to obstruct, impair, or injuriously modify themavigation of said river, to notify the said com- , pany that he approves the same; and upon receiving such notification the said company, its agents and assigns, may proceed to the erection of the said bridge, conforming strictly to the approved plan and location; but until the Secretary of War approve the plan and location of said bridge, and notify the said company of the same in writing, the bridge shall not be built or commenced; and should any change be made in the plan of the bridge during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War. _ Sec. 6. That all railroad companies desiring the use of said bridge ,R*”l"°Y °°'“P°· shall have and be entitled to equal rights and privileges relative to um t° "°°’ the passage of railway 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 g,,,_,,I,,,,,s,,t;,,,,_ 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 Secretnryot'War to which each shall conform in using said bridge, the Secretary of War t¤<l¤¢i<l<><li¤¤i;r¤¤- shall fix the same, upon a hearing of the allegations and prools of the '“"“'“· parties. Sec. 7. That in case the construction of the bridge authorized in this To be completed act be not commenced within three years and completed within ten years in Mr yearsfrom the date of its approval, then this act shall be null and void Sec. 8. That the right to alter, amend, or repeal this act is hereby Bigmm amend expressly reserved, and the right to require any changes in said struct- 8;.,,, reseryed, ’ ure or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, March 3, 1887.