Page:United States Statutes at Large Volume 23.djvu/74

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46 FOBTY ·EIGH'1‘H CONGRESS. Sess. I. Ch. 99. 1884. the stream, the location of any other bridge or bridges, and shall furnish such other iniormation as may be reqnired for a full and satisfactory understanding of the subject; and until the said plan location of the bridge are approved by the Secretary of War the bridge shall P¤>vi·•°· not be built : Provided, That if the said bridge shall be made, with nn- 8P•¤¤- broken and continuous spans, it shall have three or more channel spans, . and shall not be of less elevation in any case than fiftyieet above extreme high-water mark, as understood at the point of location, to the bottom chord 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 not less than three hundred feet in length: 1"°°‘•°· And provided also, That if any bridge built under this act shall be con- }’l'°*·d H" strncted as a draw-bridge, the same shall be construqted as n pivot- °“°g°‘ draw bridge, with a draw over the main channel of the river at an acces- $P¤¤¤· sible 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 shall not be less than three hundred feet, and the headroom under such span Proviso. shall not be less than ten feet above highwater mark: Prmnded also, Draw. That said draw shall be opened promptly upon reasonable signal for the _‘ passing of boats; and said company or corporation shall maintain, at L*8h*° *****1 **9 its own expense, from sunset till sunrise, such lights_0r other signals on “‘l“‘ said bridge as the Light-House Board shall prescribe: Provided also P'°"""· That all railway companies desiring to use said bridge shall have and P¥*'U°8•¤ °* be entitled to equal rights and privileges in the passage of the same, °°h°' "‘n'°‘d" and in the use of the machinery and nxtures thereof, and of all the approaches thereto, under and upon such tems and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree. N¢>H¤¤ of ¤P· Sec. 3. That the Secretary of Waris hereby authorized and directed, P“’“‘]* upon receiving such plan and map and other infomation, and upon being satisiied 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 notilication the said company may proceed to an ereetion of said bridge, conforming strictly to the approved plan and 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 in case of any litigation arising hom any obstruction or alleged obstruction to thefree 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 Nebraska or State of Iowa in which any portion of said obstruction or bridge may be located. Declared n kw- Sec. 4. That the said bridge and accessory works, when built and con- £“* ’;*‘;_‘0°:‘:°· "‘d strncted under this act and according to the terms and limitations thereof, p°° ’ shall be lawful structures; and said bridge shall .be recognized and known 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 the mnnitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other Q barges fo n- post-routes in the United States; and Congress reserves the right at any

        • 8**1; •¤d 1*** time to regulate by appropriate legislation the charges for freight and

'°"g° passengers over said bridge. mqhg! "*YIf°* Sec. 5. That the Unite States shall have the right of way for such

  • ’°“" °"°P ‘ postahtelegraph lines aeross said bridge as the Government may construct or control.

Sec. 6. That Congress shall have power at anytime to alter amend, or repeal this act so as to prevent or remove all material and suhstantial obstructions to the navigation of said river by the eonstruefon of said