Page:United States Statutes at Large Volume 23.djvu/362

 334 FORTY -EIGH’1‘H CONGRESS. Sess. II. Ch. 165. 1880. 36626 C¤¤¤1>¤¤y» are hereby, jointly authorized and empowered to erect, ooustructz mld and *h° 'fi°‘;“°;°:3 maintain a bridge over the Mississippi Rivar from or ucar Momplns, 111 Cgutracgincg C°m the State of Tennessee, to or near the town of Hopcficlfl, ID the State pmy. of Arkansas. Said bridge shall be constructed to provide for the pps- P¤¤¤=¤g¤ of Nil- sage of railway trains, and, at the option of the corporations by which "°Y mm- °*°· it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, for such Toll. reasonable rates of toll as may be approved hom time to time by tho Secretary of War. Declared a post- Sec. 2. That any bridge built under this act and subject to its limit- ¤>¤*° md hwful ations shall be a lawful scructu.ro, and shall be recognized and known '°'“°°'"°‘ as s pcstrrouto, upon which also no higher charge shall be made for the transmission ovor the same of the mails, the troops, and the munitions of war of tho United States, or for passengers or height passing over said bridge, than the rate por 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. ¤P¤¤¤» Sec. 3. That said bridge shall be made with unbroken and continuous spans; two spans thereof shall not be less than iivo hundred and iihry feet in length in the clear, and no span shall be less than three hundred feet in the clear. The lowest part of the superstructure of said bridge shall be at least sixty-ilvc 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. No bridge shall be erected or maintained under the authority of this act Free ¤¤im•¢i¤¤ which shall at any time substantially or materially obstruct the free tion, lm is hereby authorized to cause such change. or alteration of said bridge to be made as will eifacmally obviatc such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge. And in casa of any litigation arising hom any obstruction or alleged obstruction to the fmc navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the United States in which any portion of said obstruction or bridge may be 10- Pruiso. cated: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in rob crcnco to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. Rgilroad com- Sm:. 4. That all railroad companies desiring the uso of said bridge P¤¤£¤ $0 :1: ; ° shall have and be entitled to equal rights and privileges relative to the Q'}; P :*:1*:*. tg of passage of railway trains or cars over the same, and over the approaches S00mm., of wml thereto, upon payment of u reasonable compensation for such usc; and to dgcido in cm in case the owner or owners of said bridge and tho several railroad 0* **3-*]***** °i' ¤°¤¤· companies, or any one of them, desiring such use shall fail to agree P‘““°“ °° “¥"°°· upon the sum or sums to be pa.id,uud upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of tho Provha, •• m, allegations and proofs of the parties: Provided, That the provisions of ¤¤¤- 2- section two in 1'BgJl’(1 to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to tho owners of said bridge by said railroad companies for the uso of said bridge. _ Secrot;Y:fWnr 81:0. 5. That any bridge authorized to be constructed under this not w pmcri r¤gu· shall be built and located under and subject to such regulations thr the u,mg°P1.°¤, scribe; and to secure that object the said companies or corporations eu., an be nbmn- shall submit to the Secretary ofWar, for his examination and approval, wi to the 8¢¤r¤— a design and drawings of the bridge, and a map of the location, giving, “'1L“;':Lw“ f°' for the space of two miles above and two miles below the proposed loca- " tion, the topography of the banks of the river, the shore-lima at extreme
 * ° l’° 1”°’°"°d· navigation of said rivet; and if any bridge enacted under such authority shall, in tho opinion of the Secretary of War, obstruct such uavigaf
 * .¤::;if¤*&g)j_¤¤*¤ mutiny or navigation or mc mm- as me Secretary or wu shan pm.