Page:United States Statutes at Large Volume 33 Part 1.djvu/149

 FIFTY-EIGHTH CONGRESS. Sess. lI. Ch. 501. 190i. 6] State of Nebraska, and authorized to operate and transact business in the State of South Dakota, or its assigns, to construct, under and subject to the conditions and limitations hereinafter provided, a combined ,n1,§“}Q;,Q“,f;,dg‘;“¥°“ railroad, wagon, and foot—passenger bridge across the Missouri River ` at or near the city of Yankton, South Dakota, and to lay on and over said bridge railway tracks for the more perfect connection of an_y and all railways that now are, or which may hereafter be, constructed to the Missouri River at the city of Yankton, or to the river on the opposite side of the same, near the cit of Yankton, and, if the said railway company so chooses,- also to build, erect, and lay on and over said bridge wlptys for wa ons, vehicles of all kinds, and for the transit of anima, a ·to provide ways for foot passengers, and to maintain and operate said bridge for the purposes aforesaid; and that when Use by other roads. said bridlge is constructed all trains of railroads terminating at said river, an on the opposite side thereof, at the city of Yankton, South Dakota, shall be al owed to cross said bridge for reasonable compensation to be made to the owners of the same; and if the amount of °°'“P°'“’““°“· said comipensation can not be agreed upon b the parties, the same shall be xed by the Secretary of War. Andy if the owners elect to build, erect, and lay on and over said bridge roadway for wagons, vehicles, and animals, the owners of said bridge may also charge and receive reasonable compensation or tolls for the transit over said bridge of all wagons, carriages, vehicles, animals, and foot passengers: Provided, That the Secretary of War may at any time rescribe such ,{.‘[,gq‘”°· rates of toll for such transit over said bridge as may be dleemed proper ` _ and reasonable. ` ‘ Sec.` 2. 'Diat any bridge built under the provisions of this Act may; <¤>¤¤¤r¤c¤¤¤- at the option of the corporation building the same, be built as a draw-- bridge, or with unbro en and continuous spans: hwided, That if Qwthe same shall be made of unbroken continuous spans it shall not be in any case of less elevation than fifty feet above extreme high—water mark, as understood at the point of location, to the lowest part of the superstructures; nor shall the spans of said bridge be less than three hundred feet in the clear at low-water mark: and the piers of said bridge shall be parallel with the current of the river at high water, and the main s ans shall be over the main channels of the river: And · m·z'rlerI aim, That if a bridge shall be built under this Act as a draw- ”¤¤*·‘*~¤<*s*=*- midge. the same shall be constructed as a pivot drawbridge, with one or more draws, as the Secretary of War may prescribe, and with ¤¤¤¤*¤ <•* ··v¤¤-¤- _ spans of not less than two hundred feet in length in the clear on each side of the central or pivot piers of the draws, and the next adjoining spans over the river to the draws shall not be less than two hundre and fifty feet in the clear, measured at low water; and said spans shall not be less than ten feet above extreme high-water mark, measuring to the lowest part of the superstructure of the bridge; and the piers of said bridge shall be parallel with the current of the river at high _ water: Amlpmvidecl also, That said draw shall be opened promptly, °P°m¤g d'"- upon reasonable signal, for the passage of boats and other water craft; _ and said company or corporation shall maintain, at its own expense, L¤8¤°¤·°*°- from sunset till sunrise, such lights or other signals on said bri ge as the Light—House Board shall prescribe, and suc sheer booms or other structures as ma r be necessary to safely guide vessels, rafts. or other water craft safellv through said channel span, or draw openings, and as shall be designated and required by the Secretary of War: And p1·05,·2'derZ_fizrt}ae1·, That the corporation building said bridge may, sub- P°¤¤¤¤°¤*°b¤¤¤°l· ject to the approval of the Secretary of lVar, enter upon the banks of said river, eitlier above or below the point of location of said bridge, and confine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said object, but shall not impede or obstruct the navigation of said river, and shall be liable