Page:United States Statutes at Large Volume 32 Part 1.djvu/271

 FIFTYSEVENTH CONGRESS. Sess. I. Ch. 823. 1902. 205 structed by the Interstate Bridge and Street Railway Company and the Omaha Bridge and Terminal Railwa Company as its successor. Said bridge shall be constructed to provide for the passage of railway n{§”g},§'b*},,*[,gg’“¥°“· trains, street-railwa and motor cars, and the reasonably safe passage i of wagons and vehicles of all kinds, foot passen ers, and all road travel TOU- at such reasonable rates of toll and under such reasonable rules and regulations as may be prescribed by said corporation, its successors q and assigns, and be approved from time to time by the Secretary of War, and in case of any litigation concerning any alleged obstruction ¤*i8¤**•>¤· to the free navigation of said river on account of said bridge, the cause may be tried before the circuit court of the United States in whose jurisdiction any portion of said obstruction or bridge is located. And Wlfggsby °“’°’ °°m‘ all railroads and street railways reaching the Missouri River near said ' point shall be permitted the unobstructed use of said bridge and the approaches thereto for engines, cars, and trains, in the case of railroads, and for electrical or cable equipments and cars, in the case of street railwa s, at reasonable compensation and rates of toll. "Sr:c. 2. That said bridge shall be constructed in all respects as a C°¤¤*’¤°¤°¤· first-class railroad bridge, with ample trackage facilities, and with foundations and su rstructure of sufficient strength to admit of the ‘ safe passage over th: same of railway trains of the maximum weight usually drawn over like railway bridgesiof the first class by the use of locomotives; and the lans and specifications which have been approved SeQ}gQ;r;g¥’v$;$d by by the Secretary of EVM for said bridge shall not be departed) from ` until all changes in the plans and specifications for its construction have been submitted to and approved by the Secretary of War. Any Ch¤¤¥°¤· change in the construction, or any alteration of said brid e that may be directed at any time by Congress or the Secretary of Wgar, shall be made at the cost and expense of the Omaha Bridge and Terminal Railway Company, its successors or assigns. The said bridge shall be con- m§j°“”*Y °* ¤¤"i€¤· structed without interference with the security and convenience of ` navigation of said river, and in order to secure that object the said corporation, its successors or assigns, shall submit to the Secretary of Wa1·, for his examination and approval, a design of and drawings for said bridge, and a map of the proposed location giving, for the s ace of one mile above and one mile below such proposed location, the high and low water lines upon the banks of the river, the direction and strength of the currents at all stages of the water, with soundiugs accurately showing the bed of the stream, and the location of any other bridge or bridges, such maps to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said brid e, and shall furnish such other information as may be required for a gill understanding of the subject; and until any changps in the plan of the bridge are a proved by the Secretary of War the reconstruction of said bridge shall not be commenced. "Si·;o. 3. That said bridge shall be constructed as a pivot draw- P*'°*d¤W· bridge, with two drawspans, each of which shall afford two clear openings of not less than two hundred feet each, one of which drawspans shall be built over the main channel of the river at an accessible and navigable point, and with such fixed span or spans as may be necessariy to span the waterway at the crossing selected. The head room Height un er al spans measured to the lowest point of the superstructure shall not be less than ten feet above the standard high-water grade line for bridges established by the Missouri River Commission; and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river as near as may be: Prmiided grmljgg mw also, That said draw spans shall each be provided with an efficient pe g ' mechanical motor for rapid operation, and that at all times the motor controlling the draw over the existing steamboat channel shall be in a condition to operate, and shall promptly open the draw for the passage