Page:United States Statutes at Large Volume 32 Part 1.djvu/725

 FIFI`Y—SEVENTH CONGRESS. Sess. I. Ch. 1364. 1902. 659 equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof and of all the approaches thereto under and upon such terms and conditions as shall be prescribed by the Secretary of W'ar, upon hearing the allegations and proofs of the parties in case they shall not agree. Sec. 3. That the Secretary of War is hereby authorized and directed, Chances. upon receiving such plan and ma and other information, and upon being satisiied that the bridge built upon such plan, with such acces sory works, and at such locality, will conform to the prescribed con ditions of this Act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to the 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 accessorv works during the progress' of the work thereon such change shall be subject likewise to the approval of the Secretary of War; and if any bridge erected under said authority shall, in the opin— gaf,’;g°“’°°*°d ¤¤*i· ion of the Secretary of War, obstruct such navigation, he is hereby ` authorized to cause such chan e or alteration of said bridge to be made as will eifectually obviate sucdi obstruction, and all such alterations shall be made and all such obstructions be removed at the expense of the said corporation; and in case of any litigation arising from any obstruction, or alleged obstruction, to the free navigation of said river. caused, or alleged to be caused, by said bridge, the case may be brought in any court of the United States of the State of South Dakota . in which any portion of said bridge may be located: Provided, That Prwiw, nothing in this Act shall be so construed as to repeal or modify any of g,,l;{,$K°°°° w M"` the provisions 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: Pwwidedfwt/re¢·, That this bridge shall not be opened to traffic until all piling and other false work used in constructing the bridge shall have been wholly removed to the satisfaction of the Secretary of W’ar. Sec. 4. That the said bridge and accessory works, when built and anigwtiigusgmctufe constructed under this Act and according to the terms and limitations M ` thereof, shall be lawful structures, and said bridge shall be recognized and known as a post route, upon which also no higher charge shall 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 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 Congress reserves the right at any time to regulate by appropriate legis ation the charges for freight and ssengers over said brid e. Sec. 5. Thiit the United States shag have the right of way for such T¤¤¤¤¤P¤ fishtspostal telegraph lines across said bridge as the Government may construct or control. Sec. 6. That this Act shall be null and void if actual construction Time or comme of the bridge herein authorized be not commenced within two years °l°“‘ and completed within four years from the date of approval thereof. Sec. 7. That Congress reserves the right to alter, amend., or repeal *m°¤d”*°¤*· this Act at any time. Approved, July 1, 1902.