Page:United States Statutes at Large Volume 32 Part 1.djvu/820

 F IFTY- SEVENTH CONGRESS. Sess. II. Ch. 3. 1902. 755 all injuries to or appropriation of private ro rt · and all lans for such works or erections upon or within thepbahks of the river? shall be submitted to the Secretary of War for his approval before any of such work shall have been commenced. Sec. 3. That no bridge shall be erected or maintained under the ,pS,$,‘f,',S,f$‘,;f, QQ;"° authority of this Act w ich shall substantially or materially obstruct .I the free navigation of said river, and no brid e hall be commenced or built under this Act until the location thereo? and the plans and s ciiications for its construction, with such maps as shall be necessary ildr a full understanding of the relgimen of the river for a distance of one mile above and one-half mi e below the proposed site of the brid e, shall have been submitted to and aplproved by the Secretary of Wir; and any change in the plan of suc construction or any alteration in the bridge after its construction shall be subject to the like approval; and whenever said bridge shall, in the opinion of the Secretary of °*’*”8°°- \Var, substantialgly obstruct the free navigation of said river, he is hereby authoriz to cause such change or alteration of said bridge to be made as will obviate such obstruction, and all such alterations shall be made and all such obstructions shall be removed at the expense of the owner or owners of said bridge or the persons operating or controlling the same; and in case of any litigation arising from any ¤¤s¤¤¤¤- obstruction or alleged obstruction to the free navigation of the Missouri River, at or near the crossing of said bridge, caused thereb , the cause shall be commenced and tried in the circuit court of tile - United States of either `udicial district of the States of Kansas or Missouri in which said bridlge or any portion of such obstruction touches. Srzc. 4. That the said bridge and accessory works, when built and mIg“p'g§,“,Lu,'§”‘"’“‘" constructed under this Act and according to the terms and limitations thereof, shall be a lawful structure; and said bridge shall be recognized and known as a post route, upon which also no higher char e shall be made for the transmission over the same of the mails, the troo s, and the munitions of war of the United States or for passengers and ilreight passing over said bridge than the rate per mile aid for the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy tlie rights and privileges of other post routes in the United States. Sec. 5. That the United States shall have the right of way for such dgh$j°¤’*¤"‘· *""·· postaltelegraph and telephone lines across said bridge as the Govern- ` ment may construct or control, and ual rivile es in the use of said bridge shall be granted to all telegraapli and telephone companies. Sec. 6. That all railroad companies desiring the use of said bridge Ymnbr <>¢¤¤r ···>¤¤- shall have and be entitled to equal rights and privileges relative to the mcemiaumnien. passage of railway trains or cars over the same and over the approaches thereto u n payment of a reasonable compensation for such use; and d§»¤u•;{¤£_rIr“<;£_W¤rw in case th; owner or owners of said bri ge and the several railroad ‘ companies, or any one of them, desiring such use shall fail to agree u n the sum or sums to be paid and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, you a hearing of the allegations and proofs of the parties: Provid, That the Jrovisions of section four in regard to charges for passengers and sqm. _ ireight across said bridge shall not govern the Secretary of War in determining any uestion arising as to the sum or sums to be {paid to the owners of saidlluidge by said companies for the use of said ridge. hS1¤:c. 7. That Congress may, at any time, alter, amend, or repeal ’“"°'“"“°‘“· t is Act. Sec. 8. That this Act shall be null and void if actual construction of EQQW °* °°“‘“’“°` the bridge herein authorized be not commenced within two years and completed within four years from the date of the approval of this Act. Approved, December 17, 1902.