Page:United States Statutes at Large Volume 26.djvu/611

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FIFTY-FIRST CONGRESS. Sess. 1. en. 1131. 1890. 557 factory understanding of the subject, and the construction of the proposed bridges shal not be commenced until the location and plans thereof are approved by the Secretary of War. Sec. S. That any bridges constructed under the authority of this Gencralsupervisinn. act shall be built under the general supervision of the Secretary of War, and no changes or alterations in plans shall be made during Chnngcsmpnms. the construction of said bridges or after their completion, unless said changes or alterations conform to the revisions of this act and are authorized bgethe Secretary of War; that such alterations and changes as may required by the Secretary of War in said brid es smmaum stages. _ so as to preserve free and convenient navigation shall be made under the direction of the Secretary of War at their own expense by the ‘ company or persons owning, controlling, or operating said bridges; . that during original construction or in carrying out any authorized u¤¤¤¤¤‘i¤y ¤f ¤e*!z•» changes or repairs of said b1 idges a navigable channel shall be pre- et? wm bum"' served at the site of the bridges at all times, and the water-way of the river shall not be obstructed toagreater extent than is absolutely . necessary; and such lights and buoys shall be kept on all colfer-dams, mgm and bum. piles, and so forth, as may be necessary for the security of navigaion. Sec. 9. That whenever the Secretary of War has good reason to c¤Qg¢r¤:é*£¤f ‘}'·=v¤{· believe that any of the provisions of sections four, six, and eight of pam, ew. ty° °° ` this act have not been complied with by the company or persons Ame, p. ssa. owning, controllimlg, or operating the bridges authorized under its provisions, it sh be the duty of the Secretary of War, on satisactory proof thereof, to require the said comdpany or persons to comply with the provisions o said sections; an on failure of said persons or company to comply with said requirements within a reasonable time the Secretary of War shall proceed to cause the necessar work, in the form of additions, alterations, rgpairs, or removal oty obstructions, to be made at the expense of the nited States and shall refer the matter, without delap to the Attorney—General ¤¤¢•¤¤¤.•w» of the United States, whose duty it shall e to institute, in the name of the United States, roceedings in the circuit court of the United States in and for the district in which any portion of said obstructions or bridges may be, for the recovery of such expense, and all moneys accruin from such proceedings shall be covered into the Treasury of thegllnited States. Sno, 10. That all railroad companies desiring the use of the bridges Use by ether mnauthorized b this act shall have and be entitled to equal r'hts and "°“°°"‘*’“'“"‘ privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon the payment of a reasonable com nsation for such use; an in case the owner or Cvmpcnsatiou. owners of said hqridges and the several 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 to which each shall _ conform in usin said bridges, all matters at issue between them c.ge*$;¤¤¢¤ dj; shall be decided hy the Secretary of War uigpon a hearing of the alle- w.,.-, ’ '°°°" gations and proofs of the parties; and eq privileges in the use of use by eqxegmph, said bridges shall be granted to all tc egraph an telephone com- °“’·· °°“""""°'· mes. p&Sao, 11: That the bridges constructed, maintained, and operated m¥&·b*;f_·£m;*w*:¤*¤¤ under this act and accordingl to its limitations shall be lawful structures, and shall be recognize and known in each case as a post—route, upon which also no higher charge shall be made for transportation over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation of said mails, troops, and munitions over the railroads and ublic highways leading to said bridges; and the United States shallphave the right of way for postal te egraph and telephone purposes over et§’¤¤¢¤1 ¤>i¢s¤v¤· said bridges. '