Page:United States Statutes at Large Volume 26.djvu/84

 .30 FIFTY-FIRST CONGRESS. Sess. I. Ch. 50. 1890. rules and regulations asdmaybep(1ie€.)cri;`;>1edSby said co}·%>Vration, its successors, or a.ss1gns,an a prov y e ecre ryo ar. I·•"*“‘ *°'¤°¤"° Sec. 2. That any bridge giuilt under this act and subject to its and post-route ` lglnitations shaslil be a lawful stiilucgzliire, and shall be iilecognizledlind ownasapo —route upon w ic aso no ig er c ar e s a e- maldcghfor the transmissionfoyertphecsiaérie of Elie n1ails,%he troopf, an e munitions of war o the ni tates an the rate per m e paid for the transportation over the railroad or public highways iadtitng to aaidagridgeiland itteslnaqltlaenjoy the riglats and privilegles 0 o erpos-ro sm e n1 es·an equa prfegesinte Us  Wbzmpb use of said bridge shall be granted to all telegraph com anies, and °°”“°° ‘ the United States shall have the right of way across said hridge, and rmnwlesnvb. its approaches, fortpostal telegrap purposes. P,,,,,,,,,,,.,,,_ Sec. 3_. That said bridge shal be constructed as a ponton drawzpan plridge, aigd ishalg c;1t1]ta1n Ia plpréton draw-splarhog) not less tathag ree un ee in en, w 10 raw-spa11 s a e ma1n me over the main channel of the river at an accessible and navigable point, and the p1ers of said bridge shall be parallel with an _ the umm. ridge itself at right angles to the current o the r1ver: Provided, openmgdmw. Tha|;_sa1d draw s all bri opened pronzptly by said pcgmpany gr mg pora 1011 upon reasona e signa or e passage o oats an r and said company or corporation shall maintain, at its own expense, ugmsm. glonipgixiitscg to sunrise, sisilchllights orbothe1rT signails onhsapdbbri gags e ouse rescribe. o T1 ge s a e erec , or maintained under the authority of this act which shall at a11y munugiam., time 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 here y authorized to cause changes Lhebtgntire remoyial tlpareof cg sneak change pr altteratipn of bridgle eas eectua oviaesuc osruc on an suc altgations shallfbtehmade  all such o`t;stru3ti§ns1 shall  removed a e expense 0 eowner or owners o said r1 ge, an in case o uugnm. any litigation arising from any obstruction or alle ed obstruction to thedfiieeiiaviglation of said iiavir, caulsed 01;; lallepxgtd tco; be cptuseél ply sai rige,tecasemay rou tin eiri cou ote United States of the State of South Dakota in whose 'urisdiction any portion of said obstruction or bridge may be located: Provided Egkinghm furth(e3·,fThat nptthing in this actf  be so construed as tofrepeal or m 1 y an o e provisions 0 e aw now existing in re erence to the protection of the navigation of rivers, or to exempt this bridge M, y,, ,,,,5,,,, md from the operations of the same: Provided, That said company may fw {***8* ¤l¤¤¤- constikuct a wagon (and fo%t blridge alone}? apd in ca1selp€)th¢;_cc;1nstructiono awagon an cot ri e a one the raws s a eo thesame coumuczsomea length hgrgin proséided, and ahgxbll be of Eucilh poigstrugion as shall He approve y the ecretary o ar an s a e su ject to a the U..,;,.;.-wm n.,;. prov1sions herein contained in respect to being promptly opened to ¤*'·'°°·°‘°· admit of the unobstructed navigation of said river. and of keeping mM_ the same lighted as herein provided in case of a railroad and wagon umrwnmmam bridge, and in such case the provisions herein in relation to the use ¥’°'°“· for railroad purposes shall not apply. Use by other com- hipoil 4. Thaét all railrpeald compapies desiring the use of saiil bridge ‘ s ave an entit to equa rig ts an privi eges re ative to the passage of railroad trains or cars over the same, and over the rams. approaches to the same, upon the payment of a reasonable compensation for such use; and in case the 0W1I6T or owners of said bridge · andhthe seflregd rfngoad companies or any one of éthegm, degiring suc use, s a B1 a e upon e sum or sums o e pai an upon the rules and conehltions to which each shall conform in ilsing said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.