Page:United States Statutes at Large Volume 25.djvu/139

 FIFTIETH CONGRESS. Sess. I. Ch. 195. 1888. 93 may be brought i11 the circuit court of the United States within whose jurisdiction any portion of said obstruction or brid e may be located : Provided furz‘he2·, That nothing in this act shall Te so con- P'°"“°· strued as to repeal or modify any of the provisions of law now exist- Exming INS- ing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. Sec. 4. That all railroad companies desirin the use of said bridge pa*f,l@Q§f,gh*" °°”" shall have and be entitled to equal rights and privileges relative to ` the passage of railway 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 br1dge and the several railroad companies, or any one of them, desiring such use shall fail to agree u on the sum or sums to be paid, and upon rules ‘ and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of d Ssgmtaw of Warm War, upon reasonable notice to the parties in interest and upon con- °°1 way' sideration of such allegations and proofs as ma be submitted to him. But the last foregoing provision shall not be held to exclude the ordinary jurisdiction of the courts of the United States in such cases. Sec. 5. That any bridge authorized to be constructed under this S¢¢¤‘¤¤¤E<>f WNW act shall be built and located under and subject to such regulations °Ppr°v°p "’ °t°` for the security of navigation of said river as the Secretary of Wa1· shall prescribe; and to secure that object, the said companies or corporations 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 two miles above and two miles below the proposed location, the topography of the banks of the river, the shore-lines at extreme high and ow 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 approve by the Secretary of War, the bridge shall not be built or commenced; and should any change be made in the plans of said bridge during the progress of construction, such change shall be subject to approval of the Secretary of War, and shall 11ot be made or commenced until the same is so approved. Sec. 6. That it shall be the duty of the Secretary of War, on satis- Mdsto ¤¤viz¤¤<>¤· factory proof that a necessity exists therefor. to require the company or ersons owning said brit (ge to cause such aids to the passage of said) bridge to be constructe, tplaced. and maintained at their own cost and expense, in the form 0 booms, dikes, piers, or other suitable and proper structures for the guiding of rafts, steam—boats, and other water-craft safely through the passage-way, as shall be specified in his order in that behalf; and on failure of the com Jany or persons aforesaid to make and establish and maintain such additional structures within a reasonable time, the said Secretary may cause the said bridge to be removed at the expense of the owners thereof or may proceed to cause the same to be built or made at the expense of the owners of said bridge and in that case shall refer the matter without dela to the Attorney-General of the United States, whose duty it shalifbe to institute, in the 11ame of the United States, proceedings in any circuit court of the United States within whose jurisdiction such bridge or any part thereof is located, for the recovery of the amount so expended by the Government and all costs of such Iproceedin s; and all moneys accruing from such proceedings sha be covered into the Treasury of the United States. Sec. 7. That if the construction of the brid e hereby authorized cofigqggfmwtmd shall not be commenced within one year from the time this act takes P effect, and be completed within four years after the same date, then