Page:United States Statutes at Large Volume 19.djvu/103

 FORTY-FOURTH CONGRESS. Sess. L Ch. 172. 1876. 77 assig11s, to build, maintain, and operate a ponton railway-transit and wagon-bridge across the Missouri River at Nebraska City, in the county of Otoe, and State of Nebraska; and said company, its successors or assigns, shall keep up and maintain a suitable ponton-draw of not less Width of drawthan three hundred 1'eet in length; and that said draw shall be opened opening-Ord.-aw, promptly, upon reasonable signal, for the passage of boats or rafts;" but in no case shall unreasonable delay occur in the opening of said draw before or after the passage of trains; and the company, corporation, or individuals having the charge or control of said bridge shall, for the security of navigation, maintain, from sunset to sunrise, throughout the year, such lights on said bridge as may be required by the Light- Lighu <>¤ bridge- Ilouse Board. — Sec. 2. That all railway-companies desiring to use said ponton-bridge UM ¢>f l¤iy shall have, and be entitled to, equal rights and privileges in the use of m‘1waY°°"‘¥"""“· the same, and in the use of the machinery and fixtures thereof; and of all approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations aud proofs of the parties in case they shall not agree; and the _ - _ United States shall have the right of way for postal and telegraphic Wahl °f _{°' purposes across said bridge; and no greater charge shall be made for gQ°;p*§,,c“p]{,,.P0S;S?` the transmission over the same of the mails, the troops, and munitions Charge for maps of war of the United States than the rate per mile paid for the trans- aud troops. portation over the railroads or public highways leading to said bridge; _ and in ease of any litigation arising trom any obstruction, or alleged ,c.S“‘*;.*f‘?”°bS*’“°· obstruction, to the navigation of the said Missouri River, created by m" ° mv"' the construction of said bridge under this act, the cause or question. arising may be tried ·before the district or circuit court of the United Wh'" ""”m°‘ States of any State wherein the obstruction exists. SEO. 3. That the right to alter or amend this act so as to prevent or A°*?'1d”***Q? l?f remove all material obstructions to the navigation of said Missouri '"' River is hereby expressly reserved, without any liability to the Govern- ‘° ` ment for damages on account of the alteration or amendment of this act, or on account of the prevention or requiring the removal of any such obstructions; and if any change be made in the plan of construe- Alterations subtion of said ponton-bridge, such change shall be subject to the approval .i°<>'> *0 =·P1>*<>V¤l- of the Secretary of War; and any change in the construction or any alteration of said bridge that may be directed at any time by Congress Al*¤1‘¤»¤¤¤¤,Wi¤<>¤ or the Secretary of War shall be at the cost and expense of the owners °° b° “‘“‘l°· thereof. Said bridge shall be constructed, as near as may be practice.- Lo<==Mio¤· ble, upon the line heretofore surveyed and established by the Nebraska City Bridge Company. - Sec. 4. That any bridge authorized to be constructed under this act Roguhttious for shall be built and located under and subject to such regulations for the :?°““°Y °*° ““"‘€**‘ security of navigation of said river as the Secretary of War shall pre- 1°°‘ scribe; 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 drawings of the bridge, and a map of the location, giving, _Pl¤·¤¤¤f¤o¤¤¤¤¤¤— for the space of one mile above and one mile below the proposed loca- 3‘;&€‘”jf°·»t° b°*‘“l" tion, the topography of the banks of the river, the shore-lines at high ‘ and low water, the direction and strength of the currents 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; and until the said plan and location of the bridge are ap- b B,’;‘}#9§‘ “{’“ t" Q6 proved by the Secretary of·\Var, the bridge shall not be built ,,j}Q,€dT P an Su ’ Approved, July 8, 1876