Page:United States Statutes at Large Volume 32 Part 1.djvu/564

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498 FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 1321. 1902. said bridge, when built in accordance with the requirements of this Act, shall be a legal structure, and may be used for either or both railroad purposes or as a highway for the passage of persons, vehicles, and assenger cars. . gy *° P Sec. 2. That the bridge authorized to be constructed under this Act ` shall be located and bu` t under and subject to such requirements for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the bridge company shall submit to the Secretary of War, for his examination and approval, a design and drawing for the brid e and a .map of the location, giving for a zpace of one mile the depdr and current of the river at all ploints, and e location of any other bridge or bridges, together wit all other information touching said bridge and river as may be requisite for the Secretary of War to determine whether said bridge, when built, will conform to the provisions of this Act and cause no serious obstruction _ to the navi tion of the river or injuriously affect the llow of water.

 “"" Sec. 3. 'ldiht the Secretary of War is hereby authorized and directed,

upon receiving said plan and map, and upon bein satisfied that a bridge built upon said plan and at said location will conform to the provisions of t is Act and cause no serious obstruction to the naviption of the rivcr or injuriously affect the ilow of water, to notify the said compang that he approves the same, and upon receiving said notification the said company may proceed to the erection of the said bridge, conforming strictly to the approved plan and location; and unti the Secretary of War shall approve the p u and location of the said bridge and notify the said company, in writing, a bridge shall °“""°'* - not be built or commenced; and should any change be made in the plan of the bridge during the progress of the wor thereon, or after completion, such change shall be subject likewise to the approval of the Secretary of W'ar. And any changes in said brid e which the Secretary of War· may at any time deem necessary, andg order in the interests of navigation, shall be made by the owners thereof at their own expense. 1$¤fg;•gkd:e·8°¤· Sec. 4. That said brige, at the option of the said West Elizabeth °°and Dravosburg Bridge mpany, may be so constructed that the same can be used for the passage of wagons and vehicles of all kinds, and passenger cars, and for the transit of animals and foot passengers over the same, and also, in addition to these purposes may be used for T°“· railroad purposes; and the company maintainzn the same shall have the right to charge such reasonable rates for tod as brid e companies are authorized to collect under the laws of the State of lgennsylvaniaz {$;g*"g;· Om, com Przwided, That if said bridge shall be constructed for railroad urpsnies. poses, all railroad companies desiring the use of said bridge shall dave and be entitled to equal rights and privileges relative to the ssage of railroad trains or cars over the same upon the payment oim a rea- C°‘“*’°““““°“· sonable compensation for such use, and in case the owner or owners of said bridge and the several railroad com nies, or any one of them, "“““’° ‘°“*'°°· desiring such use shall fail to agree upon tbz sum or sums to be paid, and upon the rules and conditions to w ich each shall conform in using said bridge, all matters at issue between them shall be decided by the Shecretary of War upon a hearing of the allegations and proofs of e parties. ’°°"°"‘°· Sec. 5. That any bridge constructed under this Act shall be known as a post road, over which no higher charge shall be made for the transportation of mails, troo s, and munitions of war, or other property of the United States, tli)an the rate per mile char ed for their Tglesnph. crc., transportation over the public highways leading to saidlxridge. The H8 u' United States shall also have the rig t of way over said brid for postal-telegraph purpoms, and equa privileges in the use ogesaid ridge shall be granted to all telegraph and telephone companies.