Page:United States Statutes at Large Volume 28.djvu/602

 FIFTY-THIRD CONGRESS. Sess. II. OH. 352. 1894. 573 352.-Au Act To authorize the construction of a bridge across the Mis- Au,·=n¤st27, 1894. SOD!'] RIVOI at De Witt, Carroll County, Missouri, and to establish it as a post road. _";; Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the Duluth, Spriuglield Duluth, Springiield and Gulf Railroad Company, a corporation organ- g’jj“Ga*;*‘1f]*aB_i{)*9djd azed under the laws of the State of Iowa, or its successors or assigns, Miesgull Riz·er,mI$e t0 construct a bridge across the Missouri River at a point opposite, or Wm, M°· as nearly opposite as may be, to the town of De Witt, in the county of Carroll and State of Missouri; that said bridge may be constructed for railway, wagon, and postal service, with single or double track, for b Qilway Md ~·¤g<>¤ railway trainc, and shall be constructed under the conditions and U g°° limitations hereinafter specified. Sec. 2. That said bridge shall not interfere with the free navigation FM ¤=¤’ig¤¢i<>¤- of said river beyond what may be necessary to carry into eiieot the rights and privileges herein granted, and in ease of any litigation arising LMgm<·¤·. under the provisions of this Act such litigation may be tried and deter mined by the circuit court of the United States within whose jurisdiction said bridge is located. _ _ Sec. 3. That the bridge hereby authorized to be constructed must H‘g“ “""g"· be constructed as a high bridge, with unbroken and continuous spans; all spans over the waterway to have a clear channel way of not less than four hundred feet and a clear headroom of not less than fifty-five feet above high—water mark. Sec. 4. That any bridge constructed under this Act shall be a law- aD{·i°;;Q‘;'rjf]{;*°*“’° ful structure, and shall be known 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 01* public highways leading to the said bridge, and equal privileges in the use of said bridge shall be . granted to all telegraph and telephone companies. The United States · shall also have the right; of way over said bridge for postaltelegraph P·>¤¢¤¤*¤1¤gr¤1>h- purposes. Sec. 5. That all railway companies desiring to use said bridge shall mg]“bY°“*°’ °°mP°· be entitled to equal rights and privileges in using the same, including ` the machinery and fixtures thereto belonging, and also the approaches thereto, upon such terms and conditions as shall be prescribed by the wma. Secretary of War upon hearing the allegations and proots of the parties in interest, in case they shall not be able to agree upon such terms and conditions. SEO. 6. That the said railway company, before entering upon the Sccmtaayof warm 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 for one mile above and one mile below said location, giving the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current of said river at all stages of the water, showing also 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 intbrmation mhresaid 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 War may direct such alterations in such plans as he may deem neces- -“°°’°'i°"°· sary 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 H1 said bridge, but must  submit such proposed alterations to the Secretary of War, and his approval shall be first had before they shall be authorized or made. Sec. 7. That the said bridge herein authorized to be constructed shall Aids to mwagmm be so kept and managed, at all times, as to afford proper ways and