Page:United States Statutes at Large Volume 28.djvu/99

 {{0 FIFTYTHIRD CONGRESS. Sess. II. Ch. 67. 1894. m. by mm nu. Sec. 6. That all street railway companies desiring to use that portion """ of said bridge constructed and applicable for such use shall have and be entitled to equal rights and privileges relative to the passage of their cars and rolling stock thereover and over the approaches thereto upon owner or owners of said bridge or any portion thereof, and the street railway company or companies so desiring to use the same, shall tail t0 agree upon the sum or sums to be paid upon the 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 in the manner . provided in the last preceding section. Tnnfn nf f¤¤- Sec. 7. That the company or persons owning and holding such bridge §*f.‘,”§.;:°;_D“'°*°“ "'° shall, at any time after the completion thereof, sell and transfer the same, or such portion thereof as is not used for railway purposes, 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 Wisconsin, or to the said counties jointly, and surrender the entire control aud management thereof, with all the rights and privileges and franchises thereto appertainiug, upon payment to such holders and 'F¤¤•*`**l °‘ Pm °*' 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; and in case of the purchase of only a part of said bridge then the amount to be paid shall be apportioned by agreement between the owners of said bridge, and the cities or counties purchasing it, or, in case of disagreement, by the Secretary of War, with interest thereon at the rate of seven per centnm 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 thenceforth be subject to all the obligations and conditions imposed by the provisions of this Act, and shall assume and pay at their maturity 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 from the amount of said purchase price, and the remainder only shall be paid to said zvoum. company or persons: Provided, That said bridge and its approaches FM r·¤···»=¤· thereafter shall be made free of tolls to wagons, teams, and foot passengers and street railway cars. FM ¤·viz·¤¤·» Srzci 8. That in order that any bridge built under the authority of this Act may be constructed and built without any material interterence with the security and convenience of navigation of said river, beyond what is necessary to carry into etlect the rights and privileges hereby granted, and in order to secure compliance with the conditions herein specitied, 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 pro- _ posed site of said bridge, and near thereto, exhibiting the depths and sammy ¤cw»·¤w currents of said river, to the Secretary of \Var for his approval, to- ‘m"""° ’]“""“°‘ gether with such further information coueernin g said bridge and said river as may be deemed requisite by him; and until he approves the plans and location of said bridge it shall not be built. The Secretary of \Var, upon receiving such map and plans, shall proceed with due diligence to consider the same, and, upon being satisfied that the same conibrm to the prescribed conditions of this Act, shall notify said companies that he approves the same, and shall notify said companies of any changes or modifications necessary in order that the same be made to conform to said conditions; and the said companies, 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 V I the Secretary of War and his approval thereof: Provided, however, ,h,,,sf,,.,_" ’“" ° That the Secretary of YV2u` shall give, or cause to he given, to Said
 * >¤¤·v¤··•**¤¤· the payment of A reasonable compensation for such use; and in case the