Page:United States Statutes at Large Volume 32 Part 1.djvu/828

 _FIFTY—SEVENTH CONGRESS. Sess. II. Ch. 58. 1903. 763 or draw openings, and as shall be designated and required by the Secretary of WSI`! AmZ121·0videdfurthe1·, That the corporation build- H5°’m““““‘ °“““‘ rng said bridgle may, sub]ect to the approval of the Secretary of War, U enter upon the banks of said river, above or below the location of said bridge, and confine the flow of the water to a permanent channel, and do whatever may be necessary to accomplish this object, but shall not impede or obstruct the navigation of said river, and shall be liable in damages for all injuries to private property; and all lans for such works or erections upon the banks of the river shall be first submitted to the Secretary of War for his approval: And providedfur- _ _ _ ther, That any bridge built under the provisions of this Act shall he Am ‘°““"‘g““°“· at right angles to the current of the river at high water. Sec. 3. hat no bridge shall be erected or maintained under the ,,pSi§°0’§§“Iff,,§§ Qf ‘° authority of this Act which will at any time substantially or materially V interfere with the free navigation of said river; and no bridge shall be commenced or built under this Act until the location thereof and the plans and specifications for its construction shall have been submitted to and approved by the Secretary of Wa1·; and any change in Ch¤¤8¢¤ the plans of such construction or any alteration in the bridge after its construction shall be subject to like approval; and whenever said bridge or its accessory works shall, in the opinion of the Secretary of War·, unreasonably obstruct the free navigation of said r·iver he is hereby authorized to cause such change or alteration to be made as will effectually obviate such obstruction; and all such alterations shall be made an 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 obstruction or L"i¥“**°“· alleged obstruction to the free navigation of said Missouri River at or near the crossing of said bridge, caused or alleged to be caused thereby. the cause shall be commenced and tried in the circuit courts of the United States of either judicial district of South Dakota in which the said bridge or any portion of such obstruction touches. And the bridge shall not be opened to tratiic until all piling and other false work used in constructin the bridge shall have been wholly removed to the satisfaction of the%ecretary of War. Sec. 4. That any bridge built under this Act and according to its ,_,f;,“,}f;,“Qm,{_fY"°'“’° limitations shall be a lawful structure, and shall be recognized and known as a post route, upon which also no higher charge shall be made for the transportation over the same of the mails, troops, and muni— tions of war of the United States than the rate per mile paid for their transportation over the railroad or public highways leading to such bridge. The United States shall also have the right to construct, without charge therefor, telegraph or telephone lines across said bridge. U b_ And all railroad companies esiring to use said bridge shall have and mai;. i °m°r °°m` be entitled to equal rights and privileges in the passa e of the same, °°‘“P°“**‘“°”·*‘°· 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 rescribed by the Secretary of War, upon hearing the allegations andp proofs of the parties, in case they shal not agree; and equa rights p§,§,L‘;§Sf“P*‘· °“`·· and privileges in the use of said bridge shall be granted to all telegraph and telephone companies. Sec. 5. That Congress may at any time alter. amend, or repeal this ·““°"d’“°“‘— Act. . ` Sec. 6. That this Act shall be null and void if actual construction of a$°° °f °°”"“°` the bridge herein authorized be not commenced within two years and completed within four years from the date hereof. Approved, January 8, 1903.