Page:United States Statutes at Large Volume 31.djvu/799

 FIFTY-SIXTH CONGRESS. Sess. II.— Ch. 191. 1901. 747 bridge shall be built with the current of said river and the bridge itsel at right angles thereto: Prooickd also, That said draw shall be opened (promptly upon the reasonable signal for the passing of boats; —¤v¢¤i¤s ¤f- and said company or corporation shall maintain, at its own ex use, from sunset till sunrise, such lights or other si nals on said bridge as Lizizfs the Liglht-House Board shall prescribe: Hwided also, That said com- e1$[¤YJ§i°$$i?h?§ °ei’§ pany s all, at its own expense, build and maintain, under direction dm ”P°““· and supervision of the Secretary of War, such win dams and booms . or other works necessary to maintain the channel witiin the- draw spans bf said bridge, and shall, @_Q1eir own expense, maintain a dept of water through said draw spyans not less than that now existing, as shown by the report of the .ar Department, at the point where said bridge may be located: Provided also, That all railway companies migghw of ¤i¤‘¤¤<!¤ desiring to use said bridge shall have and be entitled to e ual rightsand privileges in the passage of the same, and in the use of idle machinery and fixtures thereof, and of all the approaches thereto,_ under and~ upon such terms and conditions as shall be prescribed by the Secretary o War, upon hearing the allegations and proofs of the parties, in case they shall not agee. " · - bac. 3. That e Secretary of War is hereby authorized and directed, 0,1;’)?§*;=g °‘ “PP*`°"°·l upon receiving such plan and map and other information, and upon ' being satisfied that the bridge built upon such gan, with such accessory works, and at such locality, will conform to e prescribed conditions of this Act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location; and should any change be made in ·the plan of the bridge or Channeaccessory works during the Eogress of the work thereon, such change shall be subject likewise to e approval of the Secretary of War; and if any bridge erected under said authority shall, in the opinion of the Secretary o War, obstruct such navigation, he is hereby authorized to . cause such change or alteration of said bridge to _ be made as will eifectuall obviate such obstruction, and all such alterations shall be made andv all such obstructions be removed at the expense of the said corporation; and in case of any litigation arising from any obstruction, L”*€°“°¤- or alle ed obstruction, to the free navigation of said river, caused, er allegeef to be caused, by said bridge, the case magabe brought in any court of the United States of the tate of North kota in which any portion of said bridge may be located: Hovided, That nothing in this  hw mm Act shall be so construed as to repeal or modify any of the provisions fecwd. of law now existing in reference to the protection of the navigation of _. rivers, or to exempt this bridge from the operation of the same: Prooidodfurther, That this bridge shall not be opened to traflic until all e,§°m°"°* °‘ Pm°8· pizling and other false work used in constructing the bridge shall have en wholl removed to the satisfaction of the ecretary of War. · Sec. 4. That the said bridge and accessory works, when built and m‘&*;,‘gs§‘},§{,{'j*f“°*“° constructed under this Act, and according to the terms and limitations thereof, shall be lawful structures, and said bridlge shall be recognized and known as a post route, upon which also no igher charge s all be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid W for the transportation over the railroads or public highways leading to ' such bridge, and said bridge shall enjoy the rights and privileges of other post routes of the United States; and ongess reserves the chgjgijng ht- °"°· · right at any time to regulate by appropriate legis tion the charges for freight and passengers over said ri ge. Sec. 5. That the United States shall have the right of way for such g,§;,‘{°,§.’}':,_°°* °°*°‘ postal telegraph lines across said bridge as the Government may construct or control. ‘