Page:United States Statutes at Large Volume 25.djvu/261

 FIFTIETH CONGRESS. Sess. I. Cris. 500, 501. 1888. 215 of construction thereof, such change shall be subject to the approval ot the Secretary of War; and in case of any litigation arising from Litizmenthe obstruction or alleged obstruction caused by said bridge to the free navigation of said river, the cause may be tried before the circuit court of the United States in whose jurisdiction any portion of said bridge is located. Sec. 3. That all railroad companies desiring the use of the bridge mQ‘*§;€°°mPa¤*°S constructed under this act shall have, and be entitled to equal rights y ` and privileges, relative to the passage of railway trains, cars, and locomotives over the same and over the approaches thereto, upon the payment of a reasonable compensation for such use; and in case the owner or owners of the said bridge and the several railroad companies, or any of them, desiring such use shall fail to agree upon the sum or sums to be paid, and u on rules and conditions to which each shall conform in using said bridge, all such matters of difference between them shall be decided by the Secretary of War upon a hearing of the dB%’§;°,F§{'é°* “`“"° allegations and proof of the parties. . ` Sec. 4. That the bridge authorized to be constructed under this p*_;;jQgfgm°°“”“d act shall be a lawful structure, and shall be recognized and known ' as 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 of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile for their transmission over the railroads leading to said bridge; and equal privileges in the use of said bridge shal be granted to all telegraph companies; and the United States shall have the right of way across said bridge and its a_p roaches, for postal telegraph purposes. P°"°°'*°l°g"“P“· Sno 5. That the r1 lit to alter, amend, or repeal this act, so as to A”‘°¤dm'*¤*~°*°· prevent or remove ah material and substantia obstructions to the navigation of said river by the construction of the said bridge, is hereby expressly reserved; and any alterations or changes that may be required by the Secretary of War in the bridge constructed under this act, or its entire removal when completed shall be made by the corporation ownin or controlling the same at its own expense: and if said bridge shah not be commenced in one year and be finished c,gQ’$;‘Q;$"'“°“‘°"‘* within three years from the passage of this act, the rights and privileges hereby granted shall be nul and void. Approved, June 29, 1888. CHAP. 501.-An act `to authorize the construction of a graveled or rnacmlmnizwl ·T¤¤¤<¤ 20.1** road from the city of New Berne, North Carolina, to the national cemetery near said `"""“ “""""" city. Whereas, there is now no public road leading to the national come- Prrnmwvtery, near the city of New Blerne, North Carolina, but access to said cemetery can be had only over a private road belonging to and kept open at the discretion of the adjacent land owners; an VVhereas the said land proprietors are willing to donate to the United States the right of way over their said lands from the said city of New Berne to the said national cemetery: Therefore. Be it enacted by the Senate and House o{Rel£_rese21fc¢liz·.’>s of Hee _ _ Unéz‘ecl States of A/merica in Congress assem led, hat the Secretary §g§dB;‘g;;>tbC;m_ of \Var be. and he is hereby, authorized and directed to construct a mmuieemezeéy. good and durable graveled or macadamized road from the city of New Berne, in the State of North Carolina. to the national cemetery. near said city, over such road, and along such route as he may deem proper, And for the purpose of carrying into effect the foregoing _ _ provisions of this act. t ie sum of twenty thousand dollars, or so much APP’°P"°¤°°· thereof as may be necessary. be, and the same is hereby. appropriated. out of any money in the Treasury not otherwise appropriated; said