Page:United States Statutes at Large Volume 25.djvu/242

 196 FIFTIETH CONGRESS. Sess. I. Ch. 422. 1888. SP°·“S- Sec. 3. That the said bridge shall be made with unbroken and continuous spans. Before approving the plans for said bridge, the Secretary of War shall order three engineer officers from the Engineer Bureau to be detailed to the duty of examining, by actual inspection, the locality where said bridge is to be built, and to report what shall be the lenlgth of the main channel span and of the MMM- other spans z Provided, hat the main channel span shall in no m'°"°°1 °°°°‘ event be less than seven hundred feet in length, or the other spans less than six hundred and fifty feet each in length; and if the report of said officers shall be approved by the Secretaiéy of War, the spans of said bridge shall be o the lengt so reqpire . The lowest part of the superstructure of said bridge sha be at least eighty-five feet above extreme high-water mark, as understood at the po1nt of location, and the bridge shall be at right angles to and its piers parallel with the current of the river. o bridge shall be erecte or maintained under the authority of this act which shall at any time U¤¤¤•¤‘¤¢¤¤ ¤¤**· substantially ormaterially obstruct the free navigation of said river; gmk"` and if any bridge erected under such authority s all, 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 eifectually 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 arising from anyéobstruction to the free navigation of said river caused or leged to caused by said bridge, the case may be broughtin the circuit court of the United States within whose jurisdiction any portion of said obstruction or bridge may be located: Provided fwrther, That nothing in this act shall be 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 this bridge from the same. 0¤¤;’_¤¤¤¤P¤¤!¤¤ Sec. 4. That all railroad companies desiring the use of said bridge nw shall have, and be entitled to, equal rights and privileges relative to the passage of railway trains or cars over the same, upon the pay- ment 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 to agree u on the sum or sums to be paid, and utpon r11les and conditions to which each shall conform `Semm vi WM *¤ in usin said bri ge, all matters at issue between them shall be decided I " by libc Secretary of War upon a hearing of the allegations and proofs o the parties. 8¤¤¤*g¤* W¤‘ ¤> Sec. 5. That any bridge authorized to be constructed under this act °"”°'° °t°' shall be built ard located under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe, and to secure that object the said companies or corporations shali submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and ma of the location, giving for the space of two miles above and two miljs below the proposed location, the topography of the banks of the river, the sl1ore—lines at extreme high and low water, the direction and strength of the currents at all stages, and the soundin 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 said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be made in the plans of said bridge during the progress of construction, such change shall be subject to the approva of the Secretary of War. ¤¤¤¤¤¤¤¤*» •·*•=~ Sec. 6. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said structure, or its entire removal at the expense of the owners, when-