Page:United States Statutes at Large Volume 23.djvu/314

 286 FORTY-EIGHTH CONGRESS. Sess. H. Ch. 30. 1885. _T<> be built at vided further, That as nearly as practicable the said bridge shall be at "¥gh‘ “” 81**** *° right angles to and the piers parallel with the current of said river: H"! °u"°°t' And provided further, That any change in the mode of construction of said bridge shall be nrst submitted to the said Secretary for his approval, and when approved the said company may then proceed with _ the construction in accordance with said change : And promdcd further, Fm ¤•'*€***°¤ That if said bridge when constructed shall, in the opinion of the Sect° b° P”‘°"°d‘ retary of War, be a substantial obstruction to the navigation of said river, the said Secretary shall require said company to change the construction thereof so as to avoid any serious and substantial obstruction to the navigation of said river, at the expense of the owners of said bridge. - Shall be a pose Sec. 3. That the bridge hereby authorized shall be a lawful structure, ¤>¤¢¤ vit1¤¤¤¤¤¤r¤ and shall be a post-route, upon which no higher charge shall be made ”h““ g,j¤·‘°h•*’¤¤· for the transportation of the mails of the United States, and the troops P""'and munitions of war, or for passengers or freight passing over said bridge, than the rate per mile paid to railroads and transportation companies leading to said bridge. ummm s 0 m - Sec. 4. That all railroad companies desiring the use of said bridge shall panics qutitlui to have and be entitled to equal rights and privileges relative to the pas- °‘i}“!} ”8h*'* 'md sage of railway trains or cars over the same, and over the approaches. Pm] °“°°' 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 t S;°*'?;¤1’Y °fVXi**' each shall conform in using said bridge, all matters at issue between amcggwn °' them shall be decided by the Secretary of War, upon a hearing of the p,-,,,;,,, allegations and proofs of the parties: Provided, That the provisions of section three in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any ques- S tion arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. Subject other· Sec. 5. That this act shall be subject, except as above mentioned, to L', }fQ°“c:‘,f:;,¤:_ the construction of a bridge across the Mississippi River at or near the u,,,, ,,,· may ,t town of Clinton, in the State of Iowa, and other bridges across said chem. river, and to establish them as postroads," approved April iirst, eight- 28}°';3»2g.]- 173 °h· een hundred and seventy-two. BecretaryofW¤ Sec. 6. That it shall be the duty of the Secretary of War, on satistg ;’°;lg¤$r:"¤°’° factory proof that a necessity exists therefor, to require the company ,-0,, Q0m,;mg°°H"°°w° or persons owning said bridge to cause such aids to the passage of said of mm to perm,. bridge to be constructed, placed, and maintained, at their own cost and nent channel and expense, in the form of booms, dikes, piers, or other suitable and proper
 * 5* *¤l¤¤!¤F¤*i°¤:, the limitations and provisions of an act entitled “An act to authorize
 * ,**;::0 ¤¤“S¤*¤°¤» structures for confining the llow of water to a permanent channel and

°“°°y‘ for the guiding of rafts, steamboat .¤. and other watercraft safely through the draw and raftspans, as shall be specified in his order in that behalf. U. s.¢¤ have right Sec. 7. That the United States shall have the right of way for postal eglygggpgvr ww! telegraph across said bridge. Right to alto:, Sec. 8. That the right to alter, amend, or repeal his act is hereby express y reserv. Same esmpmy Sec. ll. That said company, its successors and assigns, may construct construct and maintain a bridge across the Mississippi Biver at a suitable point ip'g°'R,$1;; between the western limits of Hastings, Minnesota, and the western b,,,,,,,,,, ,;,,,,,,,8,, limits of Saint Paul, Minnesota: Provided, That the bridge authorized sud Saint Paul, by this section shall have all the privileges and be subject to all the Num- terms, restrictions, reservations of power, and requirements contained ”°""· in the foregoing sections of this act. Approved, January 21st, 1885.
 * j*éd·°¥ ¤°P¤ expressly reserved ; and the right to require any changes in such structure, or its entire removal, at the expense of the owners thereof, whenever Coiigress sihsll decide that the public interest require it is also