Page:United States Statutes at Large Volume 22.djvu/72

 FORT Y-SEVENTH CONGRESS. Sess. I. OH. 79. 1882. 45 maintain a bridge and approaches thereto over the Missouri River at the to construct a most accessible point within five miles above the city of Saint Charles, b’i‘l3°. °"°" Mis` in the county of Saint Charles and State of Missouri. Said bridge shall mlm Rum" be constructed to provide for the passage of railway trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for iootpassengers, for such reasonable rates of toll as may be ap- Tom, how mgm, proved from time to time by the Secretary of War. Sec. 2. That any bridge built under this act and subject to its Iimita- Postroute, and a tions shall be a lawthl structure, and shall be recognized and known 1°Wf“1°““°*“‘°· 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, or for passengers and freight passing over ` said bridge, than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States. Sec. 3. That if said bridge shall be made with unbroken and contin- Spans. nous spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to, and its piers parallel with, the current of the river: Provided, That if the Praviao. sanie shall be constructed as a draw-bridge the draw or pivot shall be Dmw_ over the main channel of the river at an accessible point, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river, and the spans shall not be less than ten feet above extreme high—water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: Pro/vided also, That said draw shall be opened promptly by said compa- Promo. ny upon reasonable signal, for the passage of boats; and said company or corporation shall maintain, at its own expense, irom sunset till sunrise, such lights or other signals on said bridge as the Light—House Lights. Board shall prescribe- No bridge shall be erected or maintcml under ‘ ‘ the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river, and if any bridge erected Free navigation under such authority shall, in the opinion of the Secretary of War, ob· WM m¤i¤i¤i¤¢>d- struct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will eifectually obviate such obstruc- · tion; and all such alterations shall be made and all such obstructions bc removed at the expense of the owner or owners of said bridge. And in case of any litigation arising from any obstruction or alleged obstruction to the hee navigation of said river, caused or alleged to be mused by said bridge, the case may be brought in the district court of the United States of the State of Missouri in which any portion of said _ obstruction or bridge may be located: Provided further, That nothing p,.,,,;,, in thisactsbahbeso construedastompealor modifyanyof IhBp1'0• visions of law now existing in reference to the protection of the naviga- w tion of rivers, or to exempt this bridge horn the operation of the same. a S12:0. 4. That all railroad companies desiring the use of said bridge All railroad comshall have and be entitled to equal rights and privileges relative to the P¤¤¤°9 W h°'° passageof railway trains or cars over the same, and over the approaches °9““1 “gM"‘ thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge 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 Secret dw.! each shall conform in using said bridge, all matters at issue between to dwmgiypmdi, them shall be decided by the Secretary of War upon a hearing of the qmsmsnt. allegations and proofs of the parties: Provided, That the provisions of mm. mtidn two in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any ques-