Page:United States Statutes at Large Volume 28.djvu/94

 FIFTY-THIRD CONGRESS. Sess. II. Ch. 64. 1894. ($5 of all kinds, and for the ,transit of animals, and for foot passengers, under such reasonable rules and regulations as may be prescribed by said company or its successors in interest, and for such reasonable rates of toll as may be agreed upon by the parties in interest and approved Ton. by the Secretary of War: Provided, however, That the right of passage {T;gg*{€,· r over said bridge and approaches shall at all times be free to the em- l`m{’°` ployees and apparatus of the iire and police departments of the cities of Duluth and Superior, when in actual service. And in case of any litigation concerning any alleged obstruction to the free navigation of L“*g’*“°"· said river on account of said bridge the cause shall be tried before the circuit court of the United States in whose jurisdiction any portion of said obstruction or bridge is located. Sec. 2. That any bridge built under the provisions of this Act shall gaQQ,';"*""°*"" '*“‘°* be built and constructed without material interference with the security ` and convenience of navigation on said river beyond what is necessary to carry into effect the rights and privileges hereby granted, and shall pm, P, g2g_ be at least twenty-eight feet in height in the clear above high-water mark, with rafting spans on either side of the draw of not less than ' two hundred and fifty feet each; and, in order to secure compliance with these conditions, the said corporation shall submit to the Secretary s Sj·j_Q};***,*;; 2;*;* *° of War a plan of the bridge and accessory works provided for in this Pp P` Act, together with a detailed map of the river for a distance of one mile above and one mile below the proposed site of said bridge, with such information as may be required by the Secretary of War for a full and satisfactory understanding of the subject; and the Secretary of War is hereby authorized and directed. upon receiving such plan and map and other information and bein g satisfied that the "bridge built upon such plan and with such accessory works and at such locality will conform to the prescribed condition of this Act, to notify the company that he approved the same; and upon receiving such notification the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and location; but until the Secretary of W ar shall approve the plan and location of said bridge and accessory works, and · notify the company of the same, the bridge shall not be built or commenced; and should any change be made or become necessary in the plan of the bridge or accessory works during the progress of construc— tion or after completion such change shall likewise be subject to the <"n·¤=g~¤» approval and direction of the Secretary of War: Provided, however, {grgvegi H i,, That ii, in the opinion of the Secretary of \Var, the interests of naviga— " “° °'"" "’ " "‘ tion permit it, it shall be within his discretion to reduce the requirement of height in the clear above high-water mark from twentyeight feet to twenty-six feet. SEC: 3. That the accessory works referred to in the preceding sec- ‘““”"’ ""“*"""'"· tion shall be such booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel, and for the guiding of steamboats, rafts, and other water craft safely through the draw and rafting spans, as shall be required by the Secretary of \Var; and in addition thereto, and before the construction of the bridge to be built under this Act, the company or persons owning or holding such bridge shall be required, under the direction of the Secretary of \Var or such oincer as he shall designate, to dredge out 1’¤··*g“*g '*“1“*'*‘*- to a minimum depth of twenty-one feet the two triangular spaces above and below the proposed site of the bridge included in the interior angles formed by the crossing of the two channels at “the gate,” to such an extent as to create a basin, the easterly and westerly limits of which shall be, respectively, at not to exceed one thousand rm, pas. feet trom the axis of the bridge, and such basin shall be maintained by the said company or persons owning and holding said bridge, at all times thereafter, in a condition aiiording safe navigation to all vessels drawing twenty feet of water. ‘ Sec. 4. That the bridge built under this Act shall be constructed as D""" a pivot drawbridge, with the draw over the main channel of the river at an accessible and navigable point, and with a span of not less than STAT—VOL XK\’IH—;5