Page:United States Statutes at Large Volume 17.djvu/518

 478 FORTY-—SECOND CONGRESS. Sess. III. Ch. 207. 1873. feet, if the proper location of the draw over the channel will admit spans of this width between it and the shore; and said span shall not be less than ten feet above extreme high-water mark, measuring to the 1;,,,,;,,;,,, bottom chord of the bridge; that said draw shall be opened promptly, opened promptly. upon reasonable signal, for the passage of boats whose construction shall not be such as to admit of their passage under the stationary spans of said bridge, except when trains are passing over the same; but in no case shall unnecessary delay occur in opening the said draw before or after the pass e of trains. Piers. agSec. 2. That the piers of the said bridge shall be built parallel with the current at that stage of the river which is most important for navigation; Ripraps. and that no ripraps or other outside protection for imperfect foundation will be permitted in the channel-way of the draw—openings. rms my Si·:c. 3. That the said Northern Pacilic Railroad Company shall submit grids? *;*6 Pi§T¤» to the Secretary of War, for his examination, a design and drawings of mgglcfwilissgg the bridge and piers, and a map of the location, giving, for the space of rotary of War. at least 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 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 may be required for a full and satisfactory understanding of the subject by the Secretary of 3,,;;,;;,,g of War; and if the Secretary of iVar is satisfied that the provisions of the piers maybe law have been complied with in regard to location, the building of the ggjf"¤°"°°“ 'E piers may be at once commenced; but if it shall appear that the condi- If condition of tions prescribed by this act cannot be complied with at the location where at it is desired to construct the bridge, the Secretary of War shall, after t;,,,,;;,,,,,,,;,,,,, considering any remonstrances filed against the building of said bridge, board oftliroe and lhrnislung copies of such remonstranees to the board of engineers progggfejigzjs to vided for in this act, detail a board composed of three experienced officers examine me um, of the corps of engineers, to examine the case, and, on their recommen- &<=· dation, authorize such modifications in the requirements of this act, as to location and piers, as will permit the construction of the bridge, not, however, diminishing the width of the spans contemplated by this act: I me mwgg,. irotréded, That the free navigation of the river be not materially injured ¤°¤· there. Owners, gw__ Sno? 4. That all parties owning, occupying, or operating the said bridge ¤F_br¤dg¤t<>mnin- shall maintain, at their own expense, from sunset to sunrise through- E2K§"°°bI° out the year, such lights on their bridges as may be required by the light-house board for the security of navigation; and all persons owning, occupying or operating the said bridge shall, in any event, maintain- all. lights on their bridge that may be necessary for the security of navi ation. Bridge to be a Sgo. 5. That any bridge constructed under this act, and according to lzzfglgggggalaii its limitations, shall be a lawful structure, and 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 munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said Right 0;,,,,, bridge; and the United States shall have the right of way for postalfoxipelegrsph. telegraph purposes across such bridge; and in case of any litigation °'g°'°'°°' arising from any obstruction or alleged obstruction to the navigation of said river, created by the construction of said bridge under this act, the cause or question arising may be tried before the district court of the lbirgtcd Stages of any State in which any portion of said obstruction or ri ge touc es. Rgilway com- Sec. li. That all railway companies desiring to use the said bridge shall £’(‘;S5’rf§hl;“tL°usc have and be entitled to equal rights and privileges in the passage of the me bridge. same, and in the use of the machinery and fixtures thereof, and of all the