Page:United States Statutes at Large Volume 23.djvu/72

 44 FORTY-EIGHTH CONGRESS. Buss. I. Ch. 82. 1884. satisfactory understanding of tho subject; and until the said plan and location of the bridge are approved by sho Secretary of War tho Promo. bridge shall not be built: Provided, That 1f tho said budge shall bc Spam;. made with unbroken and continuous spans, 1b shall ha vo three or more channel spans, and shall not be of less elevation m any case than fifty feet above extreme high-water mark, assuudcrstood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than three hundred feet m length, and tho piers of said bridge shall be parallel witjh the current of said river, and the main span shall be over pho mam channel of th0 river, and not less than three hundred feet in length: And provided b E"°* ‘ d* * " also, That if any bridge built under this act shall be constructed as a. " g°‘ draw-bridge, the same shall be constructed as a p1vot·di·a.w. bridge, vpth a. draw over tho main channel of the river at an accessible and namgnspam. ble point, and with spans of not less than one hundred and sixty feet 111 length in the clam- on each side of the central 01- pivot pier of the draw, and the next adjoining span or spans to tho draw shall not be less than three hundred feet, and the head-room under such span shall not be hmm. less than tan feet above high water mark: Provided also, That said Lights md sig- draw shall be opened promptly upon reasonable signal for tho passing expense, from sunset till sunrise, such lights or other signals on said Pmvbo. bridge as tho Light House Board shall prescribe: Provided also, That Pzivgngss to all railway companies desiring to use said bridge shall have and be cu- °*h°' "°·“’°“d°· titled to equal rights and privileges in tho passage of the same, and in tho use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such mrms and conditions as shall be prescribed by tho Secretary of War, upon hearing the allegations and proofs of the parties, in case they shall not agree. Notice of sp- S20. 3. That tho Secretary of War is hereby authorized and directed, rmi upon receiving such plan and map and other infomation, and upon boing satisfied that a bridge built on such plan and with such accessory works and at such locality will conform to the proscribed conditions of this act, to notify the company that he approves tho same ; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to tho approved plan and location; and should any change be made in tho plan of the bridge or said accessory works, during tho progress of the work thereon, such change shall bc subject likewise to tho approval of the Secretary of War; and in casa of any litigation arising from any obstruction or alleged obsu·nction to the frac navigation of said river caused or alleged to be caused by said bridge tha casa may be brought in the circuit court of the United States of tho Stats of Nebraska or State of Iowa in which any ‘ pogtion gfégid ogstmcgion 05- bridge may be located. • v- B0. . at t o said bri go and accessory work when built and §“1 ‘“d constructed under this act and according to the tcrmss and limitations ' thereof, shall be lawful structures; and said bridge shall be recognized and known as a. post·routo, upon which also no higher charge shall bo made for tho transmission ovcr the same of the mails, tha troops, and the muniuous of war of tho United States than the rate per mile paid for tho transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other (gauges for post-routes in the United States; and Congress reserves the right at 1'¤¤sh*•¤<i1=•¤¤¤· any time to regulate by appropriate legislation tho charges for freight ‘°“‘ and passengers over said bridge. $¢dw•ym Sec. 5. That the United States shall have the right of way for such ¤¤I¤8¤Ph· pgshtag-toleg:ggz hu across said bridge as tho Government may 0011- s c or con Sm:. 6. That Congress shall have power at any time to alter, amend, op repeal this act so as to prevent or remove all material and substantxol obstructionsto the navigation of said river by tho construction of sand bndgo and its accessory works; and tho expense of altering said
 * 1*- of boats; and said company or corporation shall maintain, at its own