Page:United States Statutes at Large Volume 24.djvu/580

 FORTY-NINTH CONGRESS. Sess. II. Ch. 367. 1857. 547 hereafter be constructed to the said river on either or both sidesthereof, at or opposite said point, under the limitations and conditions hereinafter ` provided ; said bridge may also, at the option of the owners thereof, be _ so constructed as to be used for the passage of wagons and vehicles of R“**‘”Y·."°8°¤ all kinds, for the transit of animals of all kinds, and for footpassengers, aud f°°° bmdg°‘ fp such reasonable rates of toll as may be approved by the Secretary of ar. — Sec. 2. That any bridge built under this act is subject to its limita- To b° ° I¤W*`¤1 tions, shall be a lawful structure, and shall be recognized and known as :;m';t"'°°°dP°“‘ a post-route, upon which also no higher charge shall be made for the ' transmission over the same of the mails, troops, and the munitions of war or other property of the United States than the rate per mile paid for the transportation of the same over the railroads or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States. Sec. 3. That the bridge herein authorized shall be constructed as a SP¤¤¤· high bridge with unbroken and continuous spans, the main span to be over the main channel of the river, with a clear width of not less than six hundred and fifty feet channel-way, to be measured at right angles to the current, at any and all stages of water. The other spans of said bridge shall have a clear width of channel-way as aforesaid of not less than five hundred feet, measured at right angles to the current. The main or channel span shall be at least eightyhve feet in height meas- Height. uring trom high water mark, as understood at the point of location, to the bottom chords of the bridge, and the othea spans shall not be less than fifty teet in height measured in the same way. That the piers shall be built parallel with the current of the river at that stage of water which is most important for navigation; and riprapping or other protection for imperfect foundations which will materially lessen the waterway shall not be employed in the channel-ways of the high spans and piers which will produce cross-currents or bars dangerous to navigation, and if, after construction, any piers or protectionwalls are found to produce the above-mentioned effects, the nuisance shall be abated or corrected by or at the expense of the persons owning said bridge. That the persons owning, controlling, or operating the bridge authorized by this act shall maintain, at their own expense, trom sunset to sunrise, throughout the year, and during heavy fogs, such lights or other signals Lights. as the Light-House Board shall prescribe, and shall, during the season of navigation, have posted in a conspicuous place on or near the bridge the clear head-room under the channel·span on that day, the figures expressing this height to be not less than two feet high, and to be readily visible trom any point in the channel of the river for a stretch of three thousand feet above and one thousand feet below the bridge. N o bridge shall he erected or maintained under the authority of this act. which shall at any time substantially or materially obstruct the free Not to obstruct navigation of said river, and if any bridge erected under such authority navigationshall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will eliectnally obviate such obstruction, and all such alterations shall be made and such obstructions removed at the expense of the owner or owners of said bridge; and in case of any lit- Litigation. igation arising from such obstruction or alleged obstruction to the free passage or navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States ofany State in which any portion of said obstruction or bridge may be located. Sec. 4. That all railroad companies desiring the use of said bridge Othereempenies shall have, and be entitled to, equal rights and privileges relative to may lmthe passage of railway trains over the same, and over the approaches to the same, upon payment of a reasonable compensation for such use; Compensation. and in case the owner or owners of said bridge, and the several 'railroad companies, or any of them, desiring such use, shall fail to agree