Page:United States Statutes at Large Volume 25.djvu/487

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FIFTIETH CONGRESS. Sess. I. Ch. 873. 1888. 441 over said bridge a railroad track or tracks for the more perfect connection of any railroad or railroads that are or shall be constructed to said river on either or both sides thereof, at or opposite the point of location of said bridge, under the limitations and conditions herein: Prmrided, That said bridge shall not interfere with the free naviga- Promo. tion of said river, beyond what is necessary in order to carry into lQ])ff’S°'“°”d “"‘· effect the rights and privileges hereby granted; and in case of any gu ` litigation arising from any obstruction or alleged obstruction to the Litigation. free navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or obstruction touches. Sec. 4. That any bridge constructed under this act, and according I»*‘;j;_Q*\}tj"°°t“’<*¤¤** to its limitations, shall be a lawful structure, and shall be known as pos ` a post route, and the same is hereby declared to be a post—route, upon w rich also no higher charges shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, or for passengers or freight passing over said bridge, than the rate per mile paid for the transportation over the railroads and public highways leading to said bridge; and equal privileges in the use of said bridge shall be· granted to all telegraph companies; and the United States shall have the right of way for postal-telegraph P°““l *°l"g’“¥"‘- purposes across said bridge. Sec. 5. That all railways desiring to use said bridge shall have and pgggs W 0****** <=°¤¤· be entitled to equal rights and privileges in the passage of the same, ` and in the use of the machinery and xtures thereof, and of all the approaches thereto, under and upon such terms and conditions as 'f¤¤¤¤· s all be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree. Sec. 6. That the structure herein authorized shall be built and ap Ye$f,‘f' *° located under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and map of the 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 shore lines at high and low water, the direction and strength of the current at 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 shall be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are decided by the Secretary of War to be such as will not materially affect the interests of navigation, the liritlge shall not be commenced or built; and should any change be made in the plan of said bridge during the progress of construction. such change shall be sulfect to the approval of the Secretary of Wzir: and the said bridge _ shall be constructed with such aids to the passage of said bridge. in Aidvw navigation. the form of booms, dikes, piers, or other suitable and proper structures for confining the {low of water to a permanent channel. and for the guiding of rafts, steam·boats and other water craft safely through the draw and raft spans, as the Secretary of War shall prescribe and order to be constructed and maintained at the expense of the company owning said bridge; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure: and for_the safety of vessels passing at night there shall befhsplayed on said bridge, mgm; from the hours of sunset to sunrise, such lights as may be prescribed by the Light House Board; and the said structure shall he changed, or removed at the cost and expense of the owners thereof, from time to time, as the Secretary of \Var may direct. so as to preserve the free and convenient navigation of said river: and the authomty to erect and continue said bridge shall be subject to revocation and modification