Page:United States Statutes at Large Volume 26.djvu/133

 FIFTY—FIRST CONGRESS. Sess. I. Ch. 174. 1890. 79 _ CHAP. 1.74.-An act to amend an act entitled "An act authorizing the construo- Aprn 30,1690. t10D of a high wagon-bridge across the Missouri River at or near Sioux City, I0wa," i- approved March second, eighteen hundred and eighty-nine. Be it enacted by the Senate and House of Representattves of the United States of America in Congress assemble, That section one image sm-oa insof the act entitled "An act authorizing the construction of a high gig; ,§fjj' °° S*°‘¤ wagon-bridge across the Missouri River at or near Sioux City, I0wa," Aét authorizing. approved March Second, eighteen hundred and eighty-nine, be °'§‘;'$,'}fl2‘jf,,_849_ amended so that it shall read as follows: "That it shall be lawful Brlfgcifig $*10* Line for the “Pacinc Short Line Bridge Company " to construct and smudge ilgimsligiill maintain a combined wagon, railroad, and foot-passenger bridge of Cilghwa wagon and the kind known as a ‘pivot draw-bridge’, with one or more draws, foot  ’ as may be prescribed by the Secretary of War, across the Missouri P"°"d'““'*°°°‘ River at or near Sioux City, in the State of Iowa, so as to connect with the opposite shore of the said river in the State of Nebraska, · for the passage of wagons, railroad trains, and vehicles of all kinds, for the transit of animals, and for foot·passengers, for such reasonable rates of toll as the city of Sioux City, Iowa, may from time to Tous time prescribe, subject to the approval of the Secretary of War: Prove ed, That said bridge shall not be built or commenced until nom. the lan and specincations for its construction have been submitted wm; Warm to the Secretary of War for his a proval, nor until he shall approve °°p'°v° ’°I’°‘ the plan and location of said bridge; and if any change be made in the plan of construction of said bridge at any time such change shall be subject to the approval of the Secretar of War; and an change in the construction or any alteration of saidy bridge that may he directed at any time by Congress or the Secretary of War shall be made at the cost and expense of the owners thereof : Provided, That said ‘ Pacino Short Line Bridge Company’ shall, at its own expense, build and maintain, under direction and supervision of the Secretary of War, such wing-dams and booms or other works necessar to maintain wiugusmsbooms, the channel within the draw span or spans of said bridge, and shall, °°°· at their own expense, maintain a depth of water through said draw W¤¤¤rd¤1>¤1=¤tdr¤w· span or was not less than that now existing, as shown ythe report S"'"' of the ar Department, at the point where said bridge may be located; and if said Pacino Short Line Bridge Company shall fail to maintain such channel as aforesaid, then the Secretary of War may cause said channel to be opened and maintained at proper depth for navigation through said span or spans at the expense of the owners of said bridge, or may remove o structions to navigation as o¤m·¤¤u¤¤• no provided in section six of said act approved March second, eighteen "‘""°°”‘ undred and eighty-nine. Sec. 2. That section two of said act be amended by striking out uczmtazdmenu mecthe word "three," in the fourth line of the second proviso, after the vo; gg_ p_ gg_ word "them" and before the word " hundred," and inserting in lieu thereof the word "two;" also by inserting immediately after the word "clear," in the next line, the words " on each side of tnbelpivot pier," so that the second proviso shall read as follows: "A provided also, That if an bridge built under this act be constructed as a draw bridge it shalll have a draw over the main channel of the Location <>f drawriver at an accessible and navigable point, and with a span or spans wunmrspm. not less than two hundred feet in length in the clear on each si e of the pivot pier. " Sec. 3. That all railroad companies desiring the use of said bridge, U¤¤ by MM ¤¤¤- approachés, and accessory works shall have and and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto, upon pay- ment 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 the sum or sums to be paid and upon rules and conditions to which each shall conform in using said bridge, all matters in issue between