Page:United States Statutes at Large Volume 25.djvu/49

 FIFTIETH CONGRESS. Sess. I. Ch. 3. 1888. 3 and in case of any litigation arising from any obstruction or alleged L*°*€’m<>¤- obstruction to the free navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or obstruction touches. Said bridge shall be constructed to provide for the passage of rail- f§f;“,§{_’{j·8“a€°¤·¤¤¤ road trains, and for the safe and convenient passage of wagons and g ` vehicles of all kinds, animals, and foot-passengers, for such reasonable rates of toll as may be fixed from time to time by the Secretary '1`<>¤¤· of War ; Provided, That the proviso re arding wagons, animals, Pwviwfoot-passengers, and so forth, shall not induence the location of said location. bridge in its relation to the interests of navigation. Sec. 2. That any bridge built under the provisions of this act may, C°¤S*¤'¤°*i<>¤- at the option of the company building the same, be built as a drawbridge or with unbroken and continuous spans: Provided, That if P*<¤**<>* the said bridge shall be made with unbroken and continuous spans, SDM it shall give clear head-room of not less, in any case, than fifty-five and one-half feet above extreme high-water mark, as understood at the gpint of location, nor shall the spans of said bridge ive a clear widt of water-way of less than two hundred and fifty Eaet, and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river and give a clear wi th of water-way of not less than three hundred feet: And provided gwrther, That if any bridge built under the provisions Draw- · of this act sha be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a givot over the main channel of the river at an accessible and naviga le lpoint and with spans giving a clear width of water-way of not less t an two hundred feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall (give a clear width of water-way of not less than two hundred an fifty feet: Provided, x That if the pivot pier of said bridge shall be constructed within less ****0* Pierthan four hundre and ten feet of the west shore of said river the span constructed west of said pivot mer may be less than two hundred and fifty feet, and said spans s all give a clear head-room of not less than ten feet above extreme high-water mark; and the piers of said bridge shall be parallel with the current of the river w ere said brid e shall be erected: And provided also, That said draw shall °P°¤*°8d’¤'· be opened promptly upon reasona le signal for the passage of boats, except when trams are passing over the draw; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. Sec. 3. That any; bridge constructed under this act and according robemwrm mmto its limitations s all be a lawful structure, and shall be known as “'°""° *’°“°'“’“'“· a ost-route, and the same is herebggieclared to be a post-route, upon which also no higher charge shall made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, and for passengers or freight passing over said bridge, than the rate per mile aid for their transportation over the railroads and public highways leading to said bri ge; and the United States ihaél have the right of way for postal telegraph purposes across said P°‘*°* *€*°S*‘¤P¤- Y1 ge. Sec. 4. That all railway com anies desiring to use said bridge shall R*j*°"*¥ •=°mP¤:i¤ have and be entitled to equal rights and privileges in the assages of mh ve nm W y' the same, and in the use of the machinery and fixtures thereof, and of all the a preaches thereto, under and upon such terms and conditions as shall be dprescribed by the Secretary of XVar, u on hearing the allegations an proofs of the paries, in case they shall not agree. $¢¢¤‘?¢¤rr ¤f “'9¤‘*¤ Sec. 5. That the structure herein authorized shall be built and £$?°"b° "’g“1°°‘°“'* located under and subject to such regulations for the security of the navigation of said river as the Secretary of YVar shall prescribe; and to secure that obliggct the said company or corporation shall submit to the Secretary of ar, for his examination an approval, a design and