Page:United States Statutes at Large Volume 25.djvu/412

 366 FIFTIETH CONGRESS Sess. I. Ch. 745. 1888. its successors and assigns, is hereby authorized to construct and maintain a bridge across the Missouri River at or near Forest City, Potter County, Dakota, and also to lay on and over such br1dge_a railway track or tracks for the passage of railway trains; and said R¤nvq¤d;ééwago¤,¤¤¤ co oration may construct and maintain ways for wagons, carriages, '°°‘ ""‘ · · anldp foot-passengers, charging and receiving such reasonable tolls therefor as may be approved from time to time by the Secretary of War. S°°'°‘°Zm°§ W“"*° Sec. 2. That said brid e shall be constructed and built without Bppmmp m` interference with the secuiity and convenience of navigation of said river beyond what is necessarly to carry into effect the rights and privileges hereby granted; an in order to secure that object the said corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a ma of the location, giving, for the space of one mile above and one mill; below the proposed ocation, 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 sounding1s, 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 subgect; and until the _ saidlplan and location of the bridge are approve by the Secretary P"""-’°·’· of ar the bridge shall not be built : Provided, That if the said $1*** bridge shall be made with unbroken and continuous spans, it shall not be of less elevation in any case than fifty feet above extreme highwater mark, as understood at the point of location, to be the lowest art of the superstructure of the ridge, nor shall the spans of said bridge be less than three hundred feet in length, and the piers of said brid shall be parallel with the current of said river, and the bridge itselfeat right angles thereto, and the main span shall be over the ` main channel of the river and not less than t ree hundred feet in length: And promkled, also, That if any bridge built under this act sha l be constructed as a draw—bridge, the same shall be constructed mw. as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than one hundred and sixtty feet in length in the clear on each side of the central or pivot pier o the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the head-room under such span shall not be less than ten feet above local higlrwater mark: Pro ruled, also, That said draw shall be o en ed promptly upon reasonable signal for the passing of boats; and) said company or corporation sha maintain, at its own expense, from rggncs. vw. sunset till sunrise, such lights or other signals on said brid e as the mQ;°;S_"Y °”*‘°' °°“" Light-House Board shall prescribe: Provided, also, That alhrailway companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the assa e of the same, and in the use ot the machinery and xtures thereog and of all the a roaches re-me thereto, under and upon such terms and conditions as shall) be prescribed by the Secretary of War, u on hearing the allegations and proofs of the parties, in case they sllall not a ee. _ m_§gg¤¤¤**·>¤ of W Sec. 3. That the Secretary of WVar is hereby authorized and di- ' rected, upon receivin such plan and ma and other information, and upon being satisfied 51at the bridge builtt upon such plan, with such accessory works. and at such locality, will conform to the prescribed conditions of this act, to notify the company that he approves the same, and upon receiving such notification the said compan may proceed to an erection of said bridge, conforming strictly to the a - proved plan and location; and should any change be made in tile plan of the bridge or accessory works during the progress of the work thereon such change shall be subject likewise to the approval of the Secretary of War; and in case of any litigation arising from any ob- V struction or alleged obstruction to the free navigation of said river,