Page:United States Statutes at Large Volume 28.djvu/742

 FIFTYYTHLRD CONGRESS. Sess. III. Gus. 165, 166. 1895. 713 herein specied, the said corporation so constructing the same shall, previous to commencing the work of construction of said bridge, submit the plans and location thereof with a detailed map of the river at the proposed site of the bridge and near thereto, exhibiting the depths and currents of such river, to the Secretary of War for his approval, together with such other information concerning said bridge and said river as may be deemed requisite by him, and until he approves the plans and location of the said bridge it shall not he built. The Secretary of War upon receiving such map and plans shall proceed with due diligence to consider the same, and being satisfied that the same conform to the prescribed conditions of this Act, shall notify said company that he approves the same, and shall notify said company of any changes or Chamemodiiications necessary in order that the same be made to conform to said conditions, and the said company, upon receiving such notification, may proceed to erect the said bridge in conformity with the approved plans and location and the conditions herein prescribed, and no change shall be made therein without the consent of the Secretary of War and _ hi s approval thereof: Provided, however, That the Secretary of War shall MEM 0, an give or cause to he given to said corporation reasonable notice of the mining pin:-¤· time and place of the consideration of said plans and maps by him or by any ouicer of his Department, and the said corporation shall have. the right to appear with its engineer and attorney, or either, before such officer and be heard on behalf of said plans before him, as well as before any omcer authorized by him to report upon the same. Sec. 6. That in case of any litigation arising by reason of any L**'¤***i°¤· obstruction of the free navigation of said river by reason of said bridge, the cause may be tried before the circuit court of the United States for the States of Minnesota or Wisconsin. And the said corporation, its successors or assigns in interest, for the purpose of acquiring necessary rights of way for the con struction of necessary abutments and approaches for said bridge, and the lines and tracks of railroad thereon, shall have the power to acquire the same by purchase, giii, or conveyance, or by the exercise of the power of eminent domain, and for such latter pur- ‘ poses may institute proceedings in the proper court having jurisdiction ¤3y¤d¤¤>¤¤¢i<>¤ rw in each or either of the States wherein the premises sought to be con- °°° ”"°' demned are located, or in the circuit court of the United States in the proper district or division of either of said States; said proceedings to be conducted in all respects in conformity with the provi ions of law in such State or States for the acquisition by condemnation of private property and appropriating the same to public use by corporations authorized to exercise the power of eminent domain. Sec. 7. That if suchbridge hereby authorized to he constructed shall c_,,‘,`;_‘;,'j’_;l’{[_'{,‘f°”“°“* '““* not be commenced within one year and finished in three years from the date of the approval of this Act the rights and privileges hereby granted shall determine and cease. Sec. 8. That the right to alter, amend, or repeal this Act is hereby ‘“’°“d'“°“*· °°°· expressly reserved. ` Approved, March 2, 1895. CHAP. 166.-An Act To amend an Act entitled "An Act to incorporate the Mary- March 2.1895. . land and Washington Railway Company," approved August first, eighteen hundred ····—····:··· and ninety-two, and for other purposes. Be it enacted Ira; the Senate and House of Represrmtatires of Ure United States of America iw Congress assembled, That section five of the Act w]fSf,fn’;,§‘,}"},a,,‘Q,‘j;' entitled "An Act to incorporate the Maryland and Wlfashington Rail- Cgmpany. 1 d way Company,” approved August tirst, eighteen hundred and ninety- ,.,_°""·"‘“ ""“°“ ` two, be, and it is hereby, amended so as to read as follows: “SBO. 5. That the said railway shall be constructed of good mate- Q,<_;¤i¤g¤·=¢£;» rials and in a substantial and durable manner, with the rails of the ‘*" most approved pattern, all to be approved by the Commissioners of