Page:United States Statutes at Large Volume 24.djvu/101

 66 FOBTY-NIN TH CONGRESS. Sess. I. Ch. 356. 1886. also to lay on and over said bridge a railwaytrack or tracks for the passage of railway trains; and said corporation may construct and Wagon and foot maintain ways for wagons, carriages, and footpassengers, charging and bridge- receiving such reasonable tolls therefor as may be approved, from time T011S' to time by the Secretary of War. _ _ _ puns, m,_,t0 bg SEO. 2. That said bridge shall be constructed and built without interapprovedby score- ference with the security and convenience of navigation of saidriver ta'! of Wa'- beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure that object the said corporation shall submit to the Secretary of 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 water, 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 information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are ap- Prvvlvvn · proved by the Secretary of YVar the bridge shall not be built: Provided, Spans. That if the said bridge shall be made with unbroken and continuous spans, it shall not be of less elevation in any case than fifty feet above extreme high water mark, as understood at the point of location, to be the lowest part of the superstructure of the bridge, nor shall the spans of said bridge be less than three hundred 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 Dfw'- built under this act shall be constructed as a draw-bridge, 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 span or spans to the draw shall not be less than three hundred feet, _ andthe head room under such span shall not be less ten feet above L¤Shl5»€¤¤· local high-water mark: Provided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light Other ¢¤1}¤i>¤¤i<>¤ House Board shall prescribe: Provided also, That all railway companies ff’mP°“’ “gh‘ °f desiring to use said bridge shall have and be entitled to equal rights ,0*,t;,ffdg‘g:a and upon such terms andconditious as shall be prescribed by the Sec- ,,,,,,,,,, as t,, mms, retary of War, upon hearing the allegations and proofs of the parties, etc. in case they shall not agree. S801Q9g8W <>fW=¤ Sec. 3. That the Secretary of War is hereby authorized and directed, gf. gggrgvfsmpwy upon receiving such plan and map and other information, and upon ' being satisned that the bridge built upon such plan with such accessory works, and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same, and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge or accessory works, during the progress of the work thereon, such change _ _ _ shall be subject likewise to the approval of the Secretary of Wai-- and L“·’8“¤°¤- in ease of any litigation arising from any obstruction or alleged cbetruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in any circuit court of the United States or any district court of the Territory of Dakota within T b I f I wlgpse jiiriistdlictioili, anydpgrtipu of said bridge may be located. 7 0 e an aw u nc. 4. at the said ri ge and accesso works when buil a ?I(f;;f}f“‘°*¤d P°¤’¤· constructed under this act and according tortlne terms and limitgtiolig
 * ` and privileges in the passage of the same, and in the use of the maq__ t fw chinery and fixtures thereof, and of all the approaches thereto, under