Page:United States Statutes at Large Volume 28.djvu/741

 7].2 FIFTY —TH1BD CONGRESS. Sess. IH. OH. 165. 1895. encouraged and interstate commerce promoted and facilitated; and the same shall be so built as to provide for or permit of the passage thereover of the cars and rolling stock of street railway companies, wagons, carriages, and vehicles of all kinds, animals, foot passengers, and travelers, under such reasonable rules and regulations as may be prescribed by the said company authorized hereby to construct the same, or its successors in interest, and for such reasonable rates of T<>1\- toll as may be fixed by said company, to be approved from time to time by the Secretary of War. D*•"l*’“¤°· Sec. 2. That the bridge to be built under this Act shall be constructed as a pivot drawbridge, with a draw over the main channel of said river at an accessible and navigable point, to be approved by the Secretary of War, and with spans of not less than one hundred and twenty-five feet in length in the clear on each side of the central or pivot pier of the draw; andalso a nxed span with a clear length of not less than two hundred feet between piers at the low-water line, to _ permit the passage of rafts under said bridge; and the clear height of said iixed and draw spans above low water shall be determined by the Secretary of War: Provided, That said draw shall be opened promptly, °’°m°“ dn" at reasonable signal, for the passage of boats, vessels, and other water craft, whose construction shall be such as not to admit of their passage under the draw of said bridge when closed, but in no case shall unnecessary delay occur in the opening of said draw: And provided further, . That there shall be maintained by said corporation, at its own expense, 1.agnzs,m. from sunset to sunrise, such lights or other signals upon said bridge as the Light-House Board may prescribe, and there shall also be main- Ai¤¤ ¤¤¤¤viz¤¤°¤- tained, at its own expense, sheer boom, or other proper protection to safely guide rafts, boats, vessels, and water craft through said drawspans; and the said company may do any dredging necessary for confining the ilow of water to a permanent channel or to the maintenance thereof at navigable depths; and that the approaches to said bridge which cross the marshy flats adjoining the channel and which are overilowed at high water shall be upon open pile work consisting of bents not less than fifteen feet between centers measured parallel to the axes of the approaches. ` Lawfulstructureand Sec. 3. That the bridge and accessory works and improvements con- ’°'“ "°‘“"· structed under this Act and according to its terms and limitations shall be a lawful structure, and such bridge shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, troops, and munitions of war of the United States than the rate per mile paid for their transmission over railroads and public highways leading to said bridge, and the United States shall have the right of way for postal and telegraph purposes across said bridge free of charge. Use by railway <><>r¤· Sec. 4. That all railroad and street railway companies desiring to use Pm"' said bridge shall have and be entitled to equal rights and privileges in the passing over the same and in the use of the machinery and fixtures C<>¤¤p¤¤¤¤¤¤¤· thereof, and of the approaches thereto, for a reasonable compensation, to be paid to the owner or owners thereof; and if the owner or owners of said bridge and the several railroad and street railway companies, or any of them, desiring such use shall tail to agree upon the snm or sums to be paid and the rules or conditions to which each shall conform in using the same, all matters at issue between them shall be decided by the Secretary of War, upon a hearin g of the allegations and proofs of the parties, of which hearing each party shall have due notice, and . the determination of the Secretary of War thereof shall be binding upon the parties to such controversy. mumrwum Sec. 5. That in order that any bridge built under the authority of '*’l"°"°*’ ’· °°°‘ this Act may be constructed and built without any material interference with the security and convenience of the navigation of said river beyond which is necessary to carry into effect the rights and privileges hereby granted, and in order to secure compliance with the conditions