Page:United States Statutes at Large Volume 26.djvu/620

 566 FIFTY-FIRST CONGRESS. Sess. I. Ch. 1243. 1890. changes or alterations conform to the provisions of this act and are authorized by the Secretary of War. That such alterations and smmm emmges. changes as may be required y the Secretary of War in said bridge so as to preserve free and convenient navigation shall be made under the direction of the Secretary of War at the expense of the company or persons ownmg, controlling, or operating sa1d bridge: That dur- _secunl30 or mags mg original construction or incarrying out any authorized changes gjj " "““"“"-*· or repairs of sa1d bridge a navigable c anne] shall be preserved at the site of the bridge at all times, and the water-way of the river shall not be obstructed to a greater extent than is absolutely necesmgm um buoys. sar, and such lights and buoys shall be kept on all coffer-dams, piles, and, so forth, as may be necessary for the securitiv of navigation. S<=¤¤·¤¢§¤f W¤r¤> Sec. 9. That whenever the Secretary of War as good reason to Qggisrfemfw °f u"' believe that any of the provisions of sections fo1u·, six, and eight of Ame. p.:so4. this act have not been complied with by the company or persons owning, controlling, or qlperating the bridge authorized under its provisions it shall be the uty of the Secretary of War, on satisfactory proof thereof, to require the said company or persons to comply with the provisibns of said sections, and, on failure of said persons or company to comply with said requirements within a reasonable·time, the Secretary of War shall proceed to cause the necessary work, in the form of additions, alterations, repairs, or removal of obstructions, to be made at the expense of the United Mmmm- States and shall refer the matter, without delay, to the Attorney- General of the United States, whose duty it shal be to institute, in the name of the United States, proceedings in the circuit court of the United States in and for the district in which any portion of said obstruction or bridge may be, for the recovery of suc expense, and all] Eoneys acprqin%frp€ni1Sspqh proceedings shall be covered. intote easuryote ni aes. use by mma- mu- Sec. 10. That all railroad companies desiring the use of the bridge '°‘“’ °°‘“’“‘“°“‘ authorized b this act shall have and be entitled to equal rights and privileges regtive to the passage of railway trains or cars over the same, and over the approaches thereto, upon the payment of a reacompenmm. sonable compensation or 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 which each shall conform rmegmmeuw de in using said bridge, all matters at issue between them shall be ded? ’S°°"°"’ °‘ cided by the Secretary of War upon a hearing of the allegations and User by exempt, proofs of the parties; and equal privileges in the use of said bridge °"‘* °°"""‘“"“‘ shall be granted to all telegraph and telephone companies. m15¤¤f¤¤ ¤{e¤¤<>¢¤¤> Sec. 11. That the bridge constructed, maintained, and operated °°°°°°°under this act and according to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, upon which also no hi her charge shall be made for the transportation 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 of said mails, troops, and mumtions over the railroads and public highwa s leading to said bridge; and the United States shal have Pvmiwbznvh- thedrlighlt of way for postal te egraph and telephone purposes over sai r1 e. €<>¤¤¤¤¤¢¤¤¤¤¢¤¤d Sec. I2? That this act shall be null and void if actual construc- °°mpl°u°°` tion of the bridge herein authorized be not commenced within one ylpar apd completed within three years from the date of approval ereo. A¤¤¤¤<i¤¤¤¤¤· M- Sec. 13. That the right to alter, amend, or re eal this act is hereby Removal. expressly reserved; and the right to require the entire removal of the bridge constructed under the provisions of this act, at the expense of the owners thereof, whenever Con ess shall decide that the public interests require it, is also expressly reserved. Approved, October 1, 1890.