Page:United States Statutes at Large Volume 25.djvu/123

 FIFTIETH CONGRESS. Sess. I. OH. 57. 1888. 77 of Arkansas at the point where said company’s line of railway as now projected crosses said river. Said bridges shall be constructed to provide for the passage of railway trains, and at the option of fo*§*¥$YbW¤g¤¤,¤¤¤ said company by which it may be built, may be used for the passage g ` of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as may be aproved from time to time by the Secretary of War. That if the said bridges, or either of them, over the said Ouachita and Saline Rivers shall be made with unbroken and continuous spans there shall be at spam. least one span of a height of not less than eighty feet above low water and fifty feet above highest water, as understood at the point of location, measured to the lowest part of the superstructure of said bridge; and said span shall have a clear opening of at least two hundred feet between the piers, measured at right angles to the current, and shall be over the main channel of the river, and the bridge or bridges shall be at right angles to, and the piers parallel with, the current of the river. And if the bridges, or either of them, over the said Saline and Ouachita Rivers, shall be constructed as draw or Draws. 'pivot bridges, the draw or pivot piers shall be over the main channel of the river at an accessible navigable point, and the openin s on each side of the pivot-pier shall not be less than one hundred and thirty feet in the clear, unless otherwise expressly directed by the Secretary of War, and if so directed shall be according to such direction, and, as nearly as practicable, the said openings shall be accessible at all stages of water, and the spans shall be not less than ten feet above extreme high water, as understood at the point of location, to the lowest part of the superstructure of the bridge, and the piers and draw rests shall be parallel with, and the bridge or bridges at right angles to, the current of the river or rivers; and no riprap or other outside protection for imperfect foundations shall be permitted to approach nearer than four feet to the surface of the water at its extreme low stage, or otherwise to encroach upon the channel-ways provided for in this act, and all and each of said draws shall be opened promptly upon reasonable signal for the passing of boats; and said company sha maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridges as the Light- Liam. House Board may prescribe. Sec. 2. That an bridge built under this act, and subject to its u;gg’*,}**“’*’;{* `_g[1Q;*· limitations, shall he a lawful structure, and shall be recognized and pos ` known as a post—route, upon which also 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 aid for the transportation over the railroad or public highwaysllleading to the said bridge; and it shall enjoy the rights and privileges of other post-roads in the United States. Sec. 3. That no ridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said rivers ; and if anybridge me magma., to erected under such authority shall, in the opinion of the Secretary ""““““P*“"°d· of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge or bridges to be made as will edectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge. And in case of any litigation Lmgmou. arising from any obstruction or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the United States for the State of Arkansas, in which any portion of said obstruction or bridge may be located; Provided, That nothing in this act shall be MMM- so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers or to exempt said bridges from the operation of the same.