Page:United States Statutes at Large Volume 26.djvu/419

 FIFTY—FIRST CONGRESS. Sess. I. Ch. 816. 1890. 365 three hundred and fifty feet in length and of an elevation not less t.L*“g“*'¤¤d €1°”· than fift_y—five feet above high-water mark as understood at the point lbliimmex span. of location to the lowest part of the superstructure, and the clear head-room of other than c annel spans may be less than fifty-five Other Spannfeet: And provided, also, That if said bridge shall be made with unbroken and continuous spans there shall, during the season of navigation, be posted in a conspicuous place on or near the bridge,. , . the clear head-room und er the channel span on that da, the figures negiiiliitirifmcation °f expressing this height, to be readily visible to the naked eye from any point in the channel of the river for a stretch of four thousand feet, of which three thousand shall be above and one thousand shall be below the channel span of said bridge, and the piers of said bridge rim. shall be parallel with the current of the river: And provided, also, That if any bridge built under this act shall be constructed as a Draw-mage. draw-bridge the same shall be constructed as a ivot draw-bridge, rrwmmw. with a draw at a point accessible and convenient for navigation, and with spans of not less than two hundred feet in length in the clear SPM ¤*¤ vim Pieron eac side of the central or pivot pier of the draw, and the next adjoining span or spans shall not be less than three hundred and Adjoining spans. fifty feet in length, and the head-room under such spans shall not nw:-wom. be ess than ten feet above high water: And provided, also, That if any bridge built under this act shall be constructed as a draw—bridge the same shall be provided with such protection piers and guide piers rwwaw¤, ew. , as the Secretary o War shall require, and there shall be displayed P‘°”· at a point plainly visible to boats passing through the draw a record Water record. “ showing the sta e of water and whether the river is rising or falling: Provided also, gfhat said draw shall be opened promptly upon rea- opening or mw. sonable signal for the passage of boats, and said corporation shall L‘“““·°°°· maintain at its own expense from sunset to sunrise such lights or other signals on said bridge as the Light-House Board shall prescribe: Provided, also, That all railroad companies desiring the use use by other comof such bridge shall have and be entitled to equal rights and privi- ’°‘“i°S‘ leges relative to the passage of railroad trains over the same and over the approaches thereto upon payment of a reasonable compen- c¤mpe¤¤¤e1o¤,ew. sation 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 u on the sum or sums to be paid, and the rules and conditions to which) each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of Secretary or war w War upon a hearin of the allegations and proofs of the parties. d°°“*°- Sec. 3. That the Secretary of War is hereby authorized and di- secrewr-ly ot www 1-ected upon receiving such plan and map and other information, “*""°"°*"‘”“*°'°· and upon being satisfied that a br1dge built upon such plan and 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 the erection of sa1d bridge, conformmggtrictly C,,,,sm,m0,,_ to the a proved plan and location; and shoul any change made smwwmx cmmges. in the plan of the bridge or said accessory works during the progress of the work thereon such chapge shall be subject likewise to the approval of the Secretary of ar; and in case of any litiga- Lmgnwu. tion arising from any obstruction or alleged obstruction to the free o¤¤¤-ucwa mags. navigation of said river, caused or alleged to be caused by said bridge, "°“· the case may be brought in the circuit court of the United States or the district in whose gurisdiction any portion of said obstruction or bridge may be locate . _ _ Sec. 4. hat the said bridge, when built and constructed under mwrui structure this act and according to the terms and limitations thereof, shall be “‘* ¥’°“"°“"°· a lawful structure; 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