Page:United States Statutes at Large Volume 25.djvu/413

 FIFTIETH CONGRESS. Sess. I. CHS. 7-L5, 7-L6. 1888. 367

caused or alleged to be caused by said bridge, the case may be brought in any circuit court of the United States or any district court of the Territory of Dakota, within whose jurisdiction any portion of said bridge may be located.

Sec. -1. That the said bridge and accessory works, when built and L*Q*'*“*;Fm°*¤’€”d constructed under this act and according to the terms and limitations pos {Ou ' thereof, shall be lawful structures; and said bridge 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, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public ighways leading to such bridge, and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and equal privi eges in the use of said bridge shall be granted to all telegraph companies; and the United States shall have the right of way across said bridge and its approaches for postal telegraph urposes. P°”*“'°°‘°€·'*‘*¥"¤-

Sec. 5. That all railroad com anies desiring the use of the bridge Use by other ¢<¤¤· constructed under this act shall have, and be entitled to, equal rights, paws' 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 Terms. 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 dijference between them shall be decided by the Secretary of War upon a hearing of the allegations and proof of the parties.

Sec. 6. That the right to alter, amend, or repeal this act is hereby Am°¤dm°¤'>· _ expressly reserved; and the right to require any changes in said structure, or its entire removal, at the expense of the owners thereof, whenever the Secretary of War shall decide that the public interest requires it, is also expressly reserved.

Sec. 7. That this act shall be null and void if actual construction c0‘}_g¤h;¤g;1¤¤¤¤¤¤¤¤ of the bridge herein authorized be not commenced within one year P ` and completed within three years from the date thereof.

Approved, August 6, 1888.

CHAP. 746.-An act granting to the Aberdeen, Bismarck and Northwestern Rail- Aww 6.1***- way Company the right to construct and maintain a bridge across the Missouri River, """""'""‘ ° """ near \Vinona, Emmons County Dakota. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Aberdeen, m$”§*)]$$’};‘*j§Q{*:_*’y}j Bismarck and Northwestern Railway Company, a corporation or- Rai1y·u$·_ c·»mj»»{¤y ganized under the laws of the Territory of Dakota. is hereby author- {Q,’_.,.*’K§2§,‘? !§§f ized to construct and maintain a bridge across the Missouri River, i*¤k· at such point as may be hereafter selected by said corporation, within ten miles of Winona, Emmons County, Dakota, due regard being had to the public convenience and welfare and to the necessities of business and commerce; and also to construct accessory works to secure the best practicable channel-way for navigation and to confine the flow of the water to a permanent channel at such point; and also to lay on and over such bridge a railway track. for the more perfect connection of any railroads that are or shall be constructed to said river at or opposite said point; and said corporation may fRnilwjay.wag0u.and construct and maintain ways for wagons, carriages, and for foot- °°' "“"g°‘ . assengers, charging and receiving reasonable toll therefor, as may he approved from time to time by the Secretary of Wa1·.

Sec. 2. That the said bridge shall be constructed without inter- secmsryocwm-¤> ference with the security and convenience of navigation of said river °”"°'° pk"' ‘“°‘