Page:United States Statutes at Large Volume 22.djvu/78

 FORTYSEVENTH CONGRESS. Sess. I. C11. 110. 1882. 5] fere with the free navigation of said river beyond what is necessary in Free navigation order to carry into effect the rights and privileges hereby granted; and P"“°"°d· in case of any litigation arising from any obstruction or alleged 0bstruc— tion to the free navigation of said river, the cause may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. ` Sec. 2. That any bridge built under the provisions of this act may, .Draw. at the option of the company building the same, be built as a drawbridge, with a pivot or other form of draw, or with unbroken or continuous spans: Provided, That if the said bridge shall be made with unbroken p,,,,,,,,,,_ and continuous spans, it shall not be of less elevation in any case than fifty feet above extreme hi ghwvater mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river and not less than three hundred feet in length: And provided also, That if any bridge built under this act shall be constructed as a drawbridge, the same shall be constructed as a pivot draw·bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, and said spans shall not be less than thirty feet above low-water mark and not less than ten feet above extreme high-water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of the river where said bridge may be erected: And provided also, That said draw shall be opened promptly upon reasonable signal for the passage of boats. ‘ Sec. 3. That any bridge constructed under this act and according to l;°g1·’°“**°»*¤d* its limitations shall be a lawful structure, and shall be known and recog· I" °"°°t"°‘ nized as a {mst-route and the same is hereby declared to be 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 or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads and public highways leading to the said bridge; and the United States shall Po ¤ t al thelehave the right of way for postal-telegraph purposes acro s said bridge. 812}*- H Sec. 4. That all railway companies desiring to use said bridge shall pmmrtczzyrggné have and be entitled to equal rights and privileges in the passage of the .,,,,,,1 rights_ same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree. Sec. 5. That the structure herein authorized shall be built and located D 0 si g u an d under and sulfect to such regulations for the security of navigation of ,],8,,,,,,;, t,, be ap,. said river as the Secretary of War shall prescribe; and to secure that proved by secreobjcct the said company or corporation shall submit to the Secretary of tv! of W•¤’· War for his examination and approval a design and drawings of the ` bridge, and a map of the location giving for the space of 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·wate1·, 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 infomation as may be required w. 4 · for a iinll and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of _P1m and loos- War the bridge shall not be built; and should any change be made m €°“8*::::¥£:°;:‘} the plan of said bridge during the progress of construction, such chango fm shall be subject to the approval of the Secretary of War ; and the said structure shall be at all times so kept and managed as to ofer reasonable and proper means for, the passage of vessels through or under SMG