Page:United States Statutes at Large Volume 27.djvu/451

 FIFTY-SECOND CONGRESS. Sess. II. Ch. 48. 1893. 425 any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized 01¤¤¤s¤¤- to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the L*°i¤m°¤· 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 circuit court of the United States within whose jurisdiction any portion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so construed as to D §;§*i¤;¢gll¤gi¤¤¤¢iv¤ repeal or modify any of the provisions of law now existing in reference °` °° ` to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. Sec. 4. That all railroad companies desiring the use of said bridge aQ;>sby¤¤r¤=<1 comshall have and be entitled to equal rights and privileges relative to the P ` passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for such ¤<>¤¤r<=¤¤a¤·>¤- 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 diQ*£;¤i¤¤¢*¤¤ of to which each shall conform in using said bridge, all matters at issue P °` between them shall be decided by the Secretary of War, upon. reasonable notice to the parties in interest, and upon consideration of such allegations and proofs as may be submitted to him. But the last foregoing provision shall not be held to exclude the ordinary jurisdiction of the courts of the United States in such cases. Sec. 5. That any bridge authorized to be constructed under this act S¤¤r¤¢¤¤·mf War to shall be built and located uider and subject to such regulations for the °"""° P °’°°°‘ security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge and a map of the location, giving, for the space of two miles above and two miles below the proposed location, the topography of the banks of the river, the shore lines at high and low water, and at least one medium stage, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and Changes. until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built or commenced; and should any change be made in the plans of said bridge during the process of construction, such change shall be subject to approval of the Secretary of War, and shall not be made or commenced until the same is approved; and the said company or corporation shall cause to be displayed on said bridge from the hours of sunset to sunrise such lights or Lights. etc. other signals as may be prescribed by the Light-House Board: Provided, I""‘-*°· That nothing in this section shall be construed as giving authority to H¤iz¤¢¤¤·i w*<¤¤¤· the Secretary of War to diminish the height of bridge or the width of spans as specified in section three of this act. Sec. 6. That it shall be the duty of the Secretary of War, on satis- Am W ¤"*g¤**°¤· factory proof that a necessity exists therefor, to require the company or persons owning said bridge to cause such aids to the passage of said bridge to be constructed, placed, and maintained at their own cost and expense in the form of booms, dikes, piers, or other suitable and proper structures for the guiding of rafts, tows, steamboats, and other water craft safely through the passageway, as shall be specified in his order in their behalf, and on failure of the company or persons aforesaid to 0uR,g'{{‘_;:’,§‘pr§"§‘d§f make and establish and maintain such additional structures within a ' reasonable time, the said Secretary may cause the said bridge to be removed at the expense of the owners thereof, or may proceed to cause the same to be built or made at the expense of the owners of said