Page:United States Statutes at Large Volume 28.djvu/95

 66 FIFTY-THIRD CONGRESS. Sress. II. OH. 64. 1894. two hundred feet in length in the clear on each side of the central or pivot pier of the draw, measured at right angles to the axis of the P*•··>i··>¤· channel: Provided, That the said draw shall be opened promptly on °°°°`°gm"' reasonable signal for the passage of boats, vessels, and other water craft: And provided jvrther, That said company or corporation shall maintain at its own expense, from sunset to sunrise through the season Lights. ew. of navigation, such lights or other signals on said bridge as the Light- House Board shall prescribe. The superstructure of said bridge shall be constructed of iron and steel, and be sufficiently supported by abutments and piers of solid masonry. _U»¤¤v··*l¤¤r<=<··¤i>¤— Sec. 5. That all street and other railway companies, telegraph and °`°°` telephone companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of cars and stringing wires over the same and over the approaches thereto omupmmm. upon the payment of a reasonable compensation for such use, and in case the owner or owners of said bridge and the several street and other railway companies, or any of them, desiring such use shall fail to agree on the sum or sums to be paid, and on the rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon hearing r.»¢.miw.g¤¤ pas. the allegations and proofs of the parties in question. And all owners °*8°~ and persons in charge of wagons and vehicles and animals of all kinds, and all foot passengers, shall have and be entitled to equal rights to passage and transit over said bridge, and over the approaches thereto, upon payment of a reasonable compensation for such use, such rate of C···¤p¤n¤¤¤·>¤- compensation to be agreed upon by and between the common councils of the cities of Superior and Duluth and the owner or owners of said bridge; and in case the owner or owners of said bridge and the said common councils fail to agree on the sum or sums to be paid all matters of issue between them shall be decided by the Secretary of War, upon hearing of the allegations and proofs of the parties in question. sn e m Duluth, Sec. 6. That the company or persons owning and holding such bridge £,V{Q,lf·;,,,°{,,,,,,§;‘,,l§,$"""`* shall, at any time after the completion thereof, sell and transfer the same to the city of Duluth, in the county of Saint Louis, in the State of Minnesota, and to the city of Superior, in the county of Douglas, in _ the State of Wiscoinsin, or to the said counties jointly, and surrender the entire control and management thereof, with all the rights and privileges and franchises thereto appertaining, upon payment to such · holders and owners of the total amount expended up to the time of the transfer in and about the construction, maintenance, and repairs of said bridge and its approaches and accessory works, as well as expended in dredging the channel to and through the draw of such bridge, with interest thereon at the rate of seven per centum per annum, less the net income from the tolls; in which event, and in case of the due consummation of such transfer, the said counties or cities shall thence- C·>¤·l*¢*¤¤·- forth be subject to all the obligations and conditions imposed by the provisions of this Act, and sha-ll assume and pay at their inaturitv the unmatured obligations, if any, of the said company or persons, not exceeding in amount the purchase price of said bridge as herein provided, and the amount of such obligations so assumed, with the accrued interest thereon, shall be deducted irom the amount of said purchase price, and the remainder only shall be paid to said company or persons: Pr·»~·». Provided, That said bridge and its approaches thereatter shall be made- F"*° P*¤*·•¤*‘· free ot tolls to wagons, teams, and toot passengers, and street-railway cars. Lawful structure Sec. 7. That the bridge and accessory works constructed under this Wl P°°° "°“*°· Act and according to its terms and limitations shall be a lawful structure, and 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, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge, and said bridge shall enjoy the rights and privileges of other post routes in the United States, and the United