Page:United States Statutes at Large Volume 28.djvu/98

 FIFTY-THIRD CONGRESS. Sess. ll. Ch. 67. 1894. @9 SEO. 2. That the bridge to be built under this Act shall be con- l’¤·w· structed 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 seventy-five feet in length in the clear on each side of the central or pivot pier of the draw; and also a fixed span with a length of not less than one hundred and seventynve feet to permit the passage of rafts under _ said bridge; and said draw shall be opened promptly, at reasonable sig- .,,,,.,,,,,g ,,,,,W_ nal, 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 there shall be maintained by such corporations, at their own expense, from sunset to sunrise, such lights i.igi.a, tn;. or other signals upon said bridge as the Light-House Board may prescribe; and there shall also be maintained, at their own expense, sheer booms or other proper protection to guide rafts, boats, vessels, and Mist., ..:.`-twins. water craft through said draw spans; and the said company or companies may do any dredging necessary for confining the liow of water to a permanent channel or to the maintenance thereof at navigable depths. Sec. 3. That the bridge and accessory works and improvements con- Lswnn emu-mei structed under this Act and according to its terms and limitations shall "“° ""”° '°“‘°‘ be a lawful structure, and said bridge shall be recognized and known as a post route upon which no higher charge shall be made for the transportation 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. Sec. 4. That it shall be lawful for the said companies hereby author- mE;;¤;¤**¤<‘t*·>¤ °··¤· ized to construct the said bridge to make such contracts and agreements ` respecting the construction and maintenance of said bridge as they may desire, not in contravention of the provisions hereof, and may, if they so desire, contract and agree with each other as to their ownership  control of the respective portions of said bridge, to the end, if they so desire, that the said railway company may be invested with the ownership, control, management, and maintenance of that portion thereof devoted to railway trafiic, and the said other company be invested with the ownership, management, control, and maintenance of the residue of said structure, or to the end that the best and most feasible method may be by said companies devised for the ownership and maintenance of said structure; and it shall be lawful, in case the said companies hereby authorized to construct said bridge shall so desire, fir them to enter info contract together, whereby either of said companies may construct the same under the authority hereby given, and enter into contract together as to the ownership, rights, and control of the respective parties in interest; but nothing herein shall relieve either `of said companies or corporations from any liability fer a failure to comply with the provisions of this Act. Sec. 5. That all railroad companies desiring to use that portion of why ¤¤i**·>¤·‘°°*¤· Said bridge constructed for railroad purposes shall have and be entitled "“`°S` to equal rights and privileges in the passing over the same and in the use of the machinery and fixtures thereof and of the approaches thereto for a reasonable compensation, to be paid to the owner or owners thereof, *‘··¤¤r·•*¤¤=~***·*¤¤- and if the owner or owners of said bridge and the several railroad companies, or either or any of them desiring such use, shall iliil to agree upon the sum or sums to be paid, andthe rules and 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 hearing of the allegations and proofs of the parties, of which hearing each party shall have due notice, aiid the determination of the Secretary of Wair thereof shall be binding upon the parties to such controversy.