Page:United States Statutes at Large Volume 28.djvu/519

 490 FIFTYTHIRD CONGRESS. Sess. II. Ch. 312. JSU4. traffic, and shall be constructed under the conditions and limitations hereinafter specified. _ Q ‘ me navigation. Sue. 2. That said bridge shall not interfere with the free navigation of said river beyond what may be necessary to carry into effect the rights and privileges herein granted, and in ca.se of any litigation aris- ¥-i¤s¤¤i¤¤· ing under the provisions of this Act such litigation may  tried and determined by the circuit court of the United States within whose jurisdiction said bridge is located. Dmw- Sec. 3. That the bridge hereby authorized to be constructed must be constructed with a draw of such dimensions and character as shall be p prescribed by the Secretary of War. imma structure Sec. 4. That any bridge constructed under this Act shall be a law- “""°°‘ '°“"’" ful structure, and shall be k11own as a post road, over which no higher charge shall be made for the transmission of mails, troops, and munitions of war of the Government of the United States or for passenger or freight passing over the same than the rate per mile charged for their transportation over the railroad or public highways leading to the said bridge, and equal privileges in the use of said bridge hall be granted to all telegraph and telephone companies. The United States romi aiegmpu. shall also have the right of way over said bridge for postal-telegraph _ purposes. _ _ _ _ mgm by <>¤¤¤r ¤·>¤¤r>¤· Sec. 5. That all railway companies desmng to use said bridge shall °` be entitled to equal rights and privileges in using the same, including the machinery and fixtures thereto belonging, and also the approaches T°¤¤¤ thereto, upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in interest, in case they shall not be able to agree upon such terms and conditions. _P$’j_€*y:·Pj¥a;*_ff,Vg” Sec. 6. That the said-railway company, before entering upon the construction of said bridge, shall submit to the Secretary of War plans and drawings of said structure, together with a map of the location thereof, giving the topography of the banks of the river, the shore lines at high and low water, showing the bed of the river and the channel, with such other and further information as the Secretary of War may require; which said drawings and information aforesaid shall be examined by him, and if he shall approve the same he shall so notify the said railway company of such approval, and thereupon said company may proceed to the erection of said bridge. The Secretary ·¤¤¤¤¤¤¤•· of WVar may direct such alterations in such plans as he may deem necessary to the better protection of navigation, and such alterations shall be adopted by the said railway company. The said railway company may at any time make any alterations deemed advisable to be made in said bridge, but must first submit such proposed alterations to the Secretary of War, and his approval shall be first had before they shall be authorized or made. Amato navigation Sec. 7. That the said bridge herein authorized to be constructed shall be so kept and managed at all times as to aflbrd proper ways and means for the passage of vessels, barges, or rafts under it both by day _ and night. There shall be displayed on said bridge from sunset to T·i1nm»,¤:¤. sunrise such lights and signals as may be directed by the Light-House Board, and such changes may be made from time to time in the struc— ture of said bridge as the Secretary of ¥Var may direct, at the expense of said railway, in order the more effectually to preserve the free navigation of said river, or the said structure sh all be altogether removed. if, in the judgment of the Secretary of Vifar, the public good may require such removal, and without expense or charge to the United States. ctmnymume and Sec. S. That this Act shall be null and void if actual construction of °°;'"¥;;°;’°;_, the bridge herein authorized be not commenced within thirty days and '' completed within ninety days from the date of the approval of this Act. Amendment, m. Sec. 9. That the right to alter, amend, or repeal this Act is hereby specially reserved. Approved. August 23. biol.