Page:United States Statutes at Large Volume 32 Part 1.djvu/105

 FIFTY-SEVENTH CONGRESS. Sess. I.. Ch. 29. 1902. 39 and shall enjoy the rights and privileges of other post roads in the United States; and equal privileges in the use of said bridge shall be P°*‘””*°°’°g’“P*‘· granted to all telegraph and telephone companies, and the United . tates shall have the right of way across said bridge and its approaches for (postal telegraph purposes: Provided, That the bridge herein author- Pmviw. · _ _ ize to be constructed shall be so kept and managed by the company ’m"°”°"g”°°"‘ owning or operating it as to afford proper ways and means for the passage through or under it of vessels, barges, or rafts, at all times, both by day and by night; and there shall be displayed on said bridge, Lights. etc. from sunset to sunrise, such lights and signals as the Light-House Board shall rescribe. _ Sec. 3. 'lphat if said bridge, erected and maintained under the tosgjgewgau',-is *3;* authority of this Act, shall at any time substantially or materially` obstruct the free navigation of said river, or shall, in the opinion of the Secretary of War, obstruct such navi ation, he is hereby authorized to cause such change or alteration of said bridge to be made as will etfectually obviate such obstruction, and such alteration shall be made and all such obstructions be removed at the expense of the owner — or owners of said bridge; and in case of any litigation arising from uugumm. any obstruction or alleged obstruction to the free navigation of said river, the case may be brought in the district court of the United States, in the State of Arkansas, for the district in which any portion of said obstruction or bridge may be located: Provided, That nothing Prm·iso._ _ in this -Act shall be so construed as to repeal or modify any of the g,};{§’ff°°'°“ °f “'“"' provisions of law now existing in reference to the protection of the navigationof rivers or to exempt said bridge from the operation of the same. { Sec. 4. That all railroad companies desiring the use of the bridge con- Pgs bv other <=<>¤¤- structed under this Act shall have, and be entitled to, equal rights and pndoiiitenssiioii. privileges relative to the passa e of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for suc use; and in case the parties interested shall fail to agree upon the sum or sums to be paid and upon the rules and conditions to which each shall conform in using said brid e all matters at issue between them shall, upon the a vplication of eidier arty, be determined by the district court of the ignited States in and) for any district in which any portion of said bridge may be. Sec. 5. That the brid e authorized to be constructed under this Act ,,,$,‘§$j‘,ff,{Q§_‘Q}{,f "’ shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of \Var shall >re— scribe, and to secure that ob`ect the said company or corporation slhall submit to the Secretarv of {Var, for his examination and approval, a desi n and drawings of said bridge and a map of the location, giving for die space of one mile above and one mile below the propose location of the bridge the topograph of the banks of the river, with shore lines at high and lowwater, andr shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plans and location of the bridge are approved C¤¤¤s¤=- b * the Secretary of lVar the bridge shall not be built, and should any change be made in the plans of the said bridge during the process of construction or after completion such change shall be subject to the approval of the Secretary of \Var, and said structure shall be changed at the cost and expense of the owners thereof from time to time as the Secretary of War may direct. so as to preserve the free and convenient navigation of said river. Sec. 6. That this Act shall be null and void if actual construction of {gee 0* ¤¤¤¤*¤¤¢‘· the bridge herein authorized be not commenced within one year and ' completed within three years from the date hereof. Sec. 7. That the right to alter, amend, or repeal this Act is hereby Amendment expressly reserved. Approved, February 24, 1902.