Page:United States Statutes at Large Volume 25.djvu/121

 FIFTIETH CONGRESS. Sess. I. OH. 53. 1888. 75 referred to a board of engineer officers or to the engineer officer in -charge of the Muskin um River for examination and report; and said board, or officer, sdiall visit the site of the proposed bridge and shall hold a public session at some convenient point, of which public session due notice and invitation to be present shall be given to all interested parties; and if said board, or officer, shall report the site as unfavorable, the Secretary of War, is authorized to require that such changes be made in the proposed bridge by lengthening the spans, or by the addition of guiding dikes or other auxiliary works, or by both, or b increasing the height, or by such other modifications as will make the bridge as safe for navigation as if built in a favorable part of the river; and no bridge shall be begun until the plans have been approved by the Secretary of War. Sec. 5. That in case the location of the proposed bridge crosses the °¤¤¤'¤· river at the site of one of the lateral canals, and the main bridge is over a part of the river that is not navigable, the provisions of the foregoing sections are so far modified that the protection piers above and below the pivot pier of the draw may be replaced by piling, or similar approved construction, and in case of a continuous bridge, the sppén over the canal need not exceed the width of the canal measured tween the tops of its banks. The current observation may also be omitted. Sec. 6. That all parties owning, occupying, or operating bridges Lights- -0ver the Muskingum River shall maintain for the security of navigation, at their own expense, from sunset to sunrise, throughout the year, such lights on their bridges, as may be required by the Light- House Boarf or the United States engineer officer in charge of said river and during the construction of any bridge under this act such lights and buoys shall be kept on coffer-dams, cribs, iling, floating crafts, rafts, and so forth, used in the construction ofp the bridge, as may be necessar for the security of navigation. Sec. 7. That the officers and crews of all vessels, boats, or rafts N¤'*8¤*i¤8¤‘¤¤¤~ navigatin the Muskingum River, shall be required to regulate the use of said vessels, and of any pipes or chimneys belonging thereto, so as not to interfere with the construction of any of the bridges authorized by the provisions of this act. Sec. 8. That an bridge constructed under this act and according m'gg::c{¤Wf¤* Sffgtto its limitation. shall be a lawful structure, and shall be recognize p°°H°° ` and known as a post-route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for transportation over the railroads or public highways leading to the said bridges; and the United States shall have the right of way for telegrap 1 or telephone purposes across any such bridge; and in case of any itigation arisin from any alleged obstruction to T-**iz¤¢i<>¤· the navigation of said Muskingumdfiver created by the construction of any bridge under this act the cause or uestion arising may be tried before the circuit or district court of the United States for the eastern division of the southern district of Ohio. Sec. 9. That the right to alter. amend, or repleal this act so as to A¤¤¤¤d¤¤<>¤*·¤°°· prevent or remove all material obstructions tot e navigation of said river by the future construction of bridges is hereby expressly reserved, without any liability of the Government for damages on account of the alterations or amendment of this act, or on account of the prevention, or requiring the removal of any such obstructions; and the entire removal of said bridge after its construction, or any change in the construction thereof or any alteration of any such brid e that may be directed, at any time by the Secretary of War, shall be made at the cost and expense of the owners thereof. Approved, April 2, 1888.