Page:United States Statutes at Large Volume 25.djvu/737

 692 FIFTIETH CONGRESS. Sess. II. Ch. 235. 1889. ‘ Sec. 2. That any bridge built under this act and subject to its limrawmi m-uemre itations shall be a lawful structure, and shall be recognized and ""I ’°“'“°“‘°‘ 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 mi e paid for the trans ortation over the railroad or public highways lea ing to the said dridge. and it shall enjoy the rights and privileges of other post-roads in the United States; and equal privileges 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 P<>m1¤¤1¤er¤pb· approaches for postal-telegraph purposes. . commcum EC. 3. That said bridge shall be constructed as a ponton draw-ipan ‘ bridge, and shall contain a ponton draw-span of not less than our spam. hun red feet in length, which draw—span shall be maintained over the main channel of the river at an accessible and navigable point, and the piers of said bridge shall be parallel with, an the bridge P~v·1·¤>•- itself at right angles to, the current of the river: Provided, also, Owning draw. That said draw shall be opened promptly by said company upon reasonable signal for the passage of boats an rafts, and Said company or corporation shall maintain, at its own expense, from sunset mgm, ew. to sunrise, such lights or other si nals on said bridge as the Light- House Board shall prescribe. Ngn bridge shall be erected or maintained under the authority of this act which shall at any time \I¤¤¤>¤t¤¤=¤¤1 MM- substantially or materially obstruct the free navigation of said river, °”°'°"' and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby anthorized to cause such change or alteration 0 said brid e to be made as will effectually obviate such obstruction, and all sued; alterations shall be made and all such obstructions be removed at the expense uugsuon. of the owner or owners of said bridge, and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of ansas in which any portion of said obstruction or brid e _ may be located: Providedfuxrther, That nothing in this act shall be so construed as to repeal or modify any of the provisions of the law rusting laws. now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same: Provided, Wagon qua rose That said company may construct a wagon and foot bridge alone, '>*"°€° P"°“¤*°¤$· and in case of the construction of a wagon and foot bridge alone the draws shall be of the same length herein provided, and Shall be of such construction as shall be approved by the Secretar of War, and shall be subject to all the provisions herein contained in respect to being promptly oppned to admit of the unobstructed navigation of said river, and of eeping the same lighted as herein provided in case of railroad and wagon bridge, and in such case the provisions herein in relation to use for railroad purposes shall not apply. Usebyrailroads. Sec. 4. That all railroad companies desirin the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railroad trains or cars over the same and over the apcompcnmlcn. _ proaches thereto, upon }payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to w ich each shall conform in using said bridge, all or Www matters at issue between them shall be decided by the Secretary of ' ‘ War upon a hearing of the allegations and proofs of the parties. Sec. 5. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations seemmzg wu to for the security of navigation of said river as the Secretary of War “PP'°'°P ·°°°· shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination