Page:United States Statutes at Large Volume 29.djvu/107

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FIFTY-FOURTH CONGRESS. Sess. I. CHS. 75, ’Z6. 1896. 77 change or alteration of said bridge to be made as will effectually obvi- Ch¤¤S¤¤· ate such ob truction. And all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge, and in case of any litigation arising from any obstruc— Litigation. tion or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the cause may be brought in the circuit court of the United States for the State of Illinois in whose jurisdiction any portion of said obstruction or bridge may be located: Provided further, That nothing in this Act shall be so construed as to Exisiinglaws. repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or exempt this bridge from the operation of the same. Sec. 5. That all railroad companies desiring the use of said bridge Use by ¤¤¤¤r <>¤¤¤- shall have and be entitled to equal rights and privileges relative to the P°m°°‘ passage of railway trains over the same, and over approaches thereto, upon payment of a reasonable compensation for such use; and in case Compensation. the owner or owners of said bridge and the several railroad companies, or any of them, desiring such u e, shall fail to agree upon the sum or sums to be paid, and upon the rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of the allegations and proots of the parties. Sec. 6. That any bridge authorized to be constructed under this Act S¤¤¤¤m:,W¤¤ shall be built and located under and subject to such regulations for °"”°v°p °°°° the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War for his examination and approval a design and drawing of the bridge, and a map of location, giving for the space of one-half mile above and one-half mile below the proposed location the topography of the banks of the river, the shore lines at high and low water, the directions and strength of currents at all stages, and soundings, accurately showing the bed of the stream, and the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until said plan and location of the bridge are approved by the Secretary of War the bridge shall not he built, and when said plan is approved said company may proceed to the erection of said bridge. The Score- Aiesmmus. tary of War may make such alterations in such plans as he may deem necessary to the better protection of navigation, and such alterations shall be adopted by the said railroad company. The said railroad company may at any time make any alterations deemed advisable to be made in said bridge, but must first submit such proposed alterations to the Secretary of War, and his approval shall he first had before they shall be authorized or made; the cost of such change shall be paid by the company owning or controlling said bridge. Sec. 7. That the right to alter, amend, or repeal this Act is hereby Amnndmcutntc. expressly reserved. Sec. S. That this Act shall be null and void if actual construction of 0 0g1¤¤{·_;·;¤:_¤¤¤¤¤* =¤·•i the bridge herein authorized be not commenced within one year and P ' completed within three years from the date hereof Approved, March 28, 1896. CHAP. 76.-A.n Act To authorize the Kansas City, Fort Scott and Memphis Rail· March 28, 1896. road Company to extend its line of railroad into the Indian Territory, and for other * pI1I1IOSOS. Be it enacted b the Senate and House of Representatives of the United _ States of Americz in Congress assembled, That the Kansas City, Fort S,§,i‘,“”§§d°‘]$§m1,;§{f Scott and Memphis Railroad Company be, and the same is hereby, 1<¤ilT;dl_i figigfpxy authorized and empowered to construct, maintain, and operate a rail- EQ?,., T.,§,m,y_ "' road and telegraph line from a point on the south line of the State of Location. Kansas near the city of Baxter Springs to the town of Miami, in the