Page:United States Statutes at Large Volume 25.djvu/427

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FIFTIETH CONGRESS. Sess. I. Ch. 756. 1888. 381 Sec. _2. That any bridge built under this act shall be constructed U°°bS°’¤¤md ¤¤'*· and built without interference with the security and convenience of gw0n' navigation of said rivers, or either of them, beyond what is necessary to carry into eifect the rights and privileges hereby granted; and in order to secure a compliance with these conditions, the corporation, previous to commencing the construction of the bridges, or of the • accessory works in the booms, dikes, or piers designed to secure the AidS°°¤¤*ig¤*>i<>¤· best practical channel-way for navigation and confine the iiow of the water to a permanent c annel, and for the guiding of steam-boats and rafts safely through the draw-spans at said oint, shall submit to the Secretary of War a plan of the bridge and) of such accessory works, together with a detailed map of the river at the roposed site of the bridge and for a distance of a mile above and bagow the site, together with all other information touching said bridge and river and accessory works as may be deemed requisite by the Secretary of VVar to determine whether the said bridge, when built, will conform to the prescribed conditions of this act; that as nearly as practicable the said bridge shall be at right angles to, and the piers parallel with, Piers. the current of said river; and should it be found hereafter that the said bridge or accessory works interfere with the security and convenience of navigation of said river beyond what is necessary to carry into eEect the rights and privileges hereby granted, by reason of any defect or failure in the accessory works aforesaid to accomplish the purpose for which they are designed, it shall be the duty of the Secretary of War to require the necessary changes to be made therein in the interest of navigation, or its entire removal, at the expense of the owners; and if any litigation shall be necessary to collect rom such owners the expense of making the necessary changes in said bridge, or of its entire removal, the same shall be had in the district court of the United States in whose territorial jurisdiction said bridge or any part thereof is located: Provided, That as to any bridge mmm. built under this act, if it be made with unbroken and continuous spans spun it shall be of such elevation above extreme high water, as understood at the oint of location, to the lowest part of the superstructure of the bridge, as the Secretary of War may prescribe, and the spans of said bridge shall also be of such width as may be required by the Secretary of War in the interests of navigation: And provided also, That if any bridge built under this act shall be constructed as a drawbridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river. at an accessible and navi- ¤¤‘¤W· gable point, and with spans of such height above extreme high-water mark at the point of location, and suc 1 width, as may be prescribed by the Secretary of War in considering the requirements of navigation: Provided, also,` That said draw shall be opened promptly upon reasonable si al for the passing of boats; and said company or corporation shaflumaintain, at its own expense, from sunset till sunrise. such lights or other signals on said bridge as the Light-House Board Lights. em. Shall prescribe: Provided, also, That any railroad companies desip- by other com ing to use said bridge shall have and be entitled to equal rights and ' privileges in the passage of the same and in the use of the machinery and fixtures thereof and of all the a proaches thereto under and upon such terms and conditions as shall be prescribed by the Secretary of T•¤¤¤¤- War, upon hearing the allegations and proofs of the parties in case they shall not agree. Sec. 3. That the Secretary of War is hereby authorized and di- al§{;>g¤¤E,<g girro rected, upon receiving any such plans and map and other informa- P‘ tion, and upon 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 compau may proceed to an erection of said bridge, conforming strictly to the approved plan and location; but until such notification has