Page:United States Statutes at Large Volume 24.djvu/390

 FORTY-NIN TH CONGRESS. Sess. II. Ch. 15. 1887. 357. works and at such locality will conform io the prescribed conditions of thisact, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and locat10H; but until the Secretary of War approve the plan and location of said bridge and accessory works, and notify the company of the same, the bridge shall not be built; 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 War, not, however, to be in any wise inconsistent with the provisions or conditions of this act. Sec. 5. That any bridge and accessory works, when built and con T6 l>¤ lawful structed under this act and according to the terms and limitations j;f1‘;‘;*“'° ““d l’°“‘ thereof, shall be a lawful structure; and said bridge shall be recognized ' and known as a post-route, upon which also no greater charge shall be Ch=¤1;¢¤· made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of the other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge; and the United States shall — have the right of way for postal-telegraph and telephone lines, free of P°“°1*°]°Sl`“Phcharge, across said bridge. _ Sec. 6. That all railroad companies desiring the use of said bridge t 02*°'°°’I‘P:'“°:, shall have and be entitled to equal rights and privileges relative to the ‘$,,5,_°v° ng ° ° passage of railroad trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad _ companies, or any one of them, desiring such use, shall fail toagree t°I:*”H'*;°m::€,” upon the sum or sums to be paid, and upon rules and conditions to cm':?;,'; Sgcmtafg which each shall conform in using said bridge, all matters at issue be- .,5 wm, tween them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties. Sec. 7. That it shall be the duty of the Secretary of War to require _Ccmpa¤y tovrqthe company or persons owning said bridge to cause such aids to the ":};’0;""“ ‘° “"“` passage of said bridge authorized by the provisions of this act to be g ` constructed, placed, and maintained, at their own cost and expense, in the forms of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel, and for the guiding of rafts, steam-boats, and other water-craft safely through the draw and raftspans, as shall be specilied in his order in that behalf; and on the failure of the company or persons aforesaid to make and establush such additional structures within a reasonable time, the said Secretary shall proceed to cause the same to be built or made at the ey- pense of the United States, and shall refer the matter without delay to the Attorney-General of the United States, whose duty it shall be to Q2°¤`*:’gJG:n';; institute, in the name of the United States proceedings in any circuit f:;": on-.§,,,.°_ court of the United States for the circuit in which such bridge, or any part thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States. _ Sec. 8. That the right to alter, amend, or repeal this_act is hereby °t‘{¥¤zh°*°$°¤*» expressly reserved ; and the right to require any changes in sand struct- ‘• “’°°" ure at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. Approved, January 3, 1887.