Page:United States Statutes at Large Volume 25.djvu/356

 310 FIFTIETH CONGRESS. Sess. I. Ch. 630. 1888. for foot- assen ers, and ma char e and receive such reasonable toll thereforhs maylea roved hom tgne to time by the Secretary of War: mmm. Provided, That said)bridge and all the property belonging thereto or oonmueum. connected therewith may be constructed, maintained, and used as a combined railway and wagon bridge, for the safe and convenient fpassage of wagons, carriages, stock, steam, cable,_ and street cars, ootpassengers, and all road travel, or as a wagon bridge alone, for the safe and convenient passage of wagons, carriages, stock, and foot-passengers, as the said corporation, its successors or assigns, shall e ect, as hereinbefore provided; but if the said corporation, its successors or assigns, shall elect to build a combined railroad and wagon bridge, then the track for wagons, carriages, stock, and footépassengers shall not be upon the same s ace as that used for railroa track and cars. Freenavicntivn. Sec. 2. That said, brid shall be constructed and built without material interference witlhethe security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure_that object the said com ny or corporation, its successors or assigns, Semrggliwuw shall submit to the Sgcretary of War, for his examination and ap- °”'°'° °°°‘ proval, a design and drawings of the bridge, and a map of the location, giving, for the space one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low 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 retéuired for a full and satisfactory understanding of the subject; an until the said plan and location of the bridge are approved by the Secretary of War the H·wi•v•· brid e shall not be built: Provided, That said bridge shall be built Sum as aliigh bridge with unbroken and continuous spans, having at least one channel-span of not less than four hundred feet clear channel—way, all other spans over the water-way to have a clear channel-way of not less than three hundred feet, and all spans shall have a c ear head-room of not less than fifty feet above high-water mark, and the piers of said bridge shall be parallel with the current of said river and the bridge itself at right angles thereto, and no riprappin g or other protection for imperfect foundations which will lessen the required water-way shall be permitted; and said company or corpo- _ ration, its successors or assigns, shall maintain, at its own ex nse, Hema. m from sunset until sunrise, such lights or other signals on said llildge as the Light-House Board shall prescribe: And provided also, That if said compgny or corporation, its successors or assigns, shall elect, as is herein fore provided, to erect a combined railroad and wagon “£<>¤¤¤¤¤¤¤w>¤ for bridge, then all railway comlpanies desiring to use said bridge shall have and be entitled to equa rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be (prescribed by the Secretary of War, u on hearing the allegations an proofs of the parties in case they shall not a ree. Ng;-i¤¤¤¢*¤¤ d •¤> Sec. 3. That the ecretary of ar is hereby authorized and di- "° rected, upon receivinglsuch plan and map and other information, and upon being satisfied t at a bridge built on such plan, and with such ‘ accessory work, and at such locality will conform to the prescribed conditions of this act, to notify the company, its successors or assigns, that he approves the same; and upon receiving such notification the said company, its successors or assigns, may proceed to an erection of said bridge, conforming strictly to the approved lan and location; and should any change be made in the plan of the bridge or said accessory works during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; monica. and in case of any litigation arising from any obstruction or allgeged obstruction to the free navigation of said river caused or alleg to