Page:United States Statutes at Large Volume 33 Part 1.djvu/238

 150 r1r’rr.n1GHT11 conennss. sms. 11. cs. sz?. ian. ‘ March 25,1904. CHAP. 837 .—An Act Providing for the construction of a bridge across the Red [H' R· 9319*] River of the North at Fargo, North Dakota. Public, No. 70. [ 1 Be it enacted ky the Senate and IJOa8e of Representatives of the United Nm ,{,“{§’,fk°‘ ”‘° States of America in Congress assembled, That the Fargo and Moor- F¤ré¤¤b5iM6¤rh¤¤d head Street Railway Company, a corporation duly organized under El,‘§§K,,§§'f§$’Qs?°m` the general incorporation laws of the State of North Dakota, its successors and assigns, is hereby authorized to construct and maintain a Imation- bridge across the Red River of the North between the city of Fargo, Cass County, North Dakota, and the city of Moorhead, countly of Clay, Minnesota, and also to lay on and over said bridge a rai way · track or tracks for the ssage of electric cars. ,,,%‘,§‘f,"°‘"“°*°° "‘"’ Sec. 2. That Said bridge shall be constructed and built without inter- ' ference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges ,,,S,$fo‘$§°,§'f',§f_{Y,’},f “’ hereby ranted; and in order to secure that object the said corporation shall suhmit to the Secretsé; of War, for his examination and approval, a design and drawings of e bridge and a maps; the location, giving for the space of onehalf mile above and one- mile below the Iproposed location the topography of-the banks of the river, the shore ines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory imder— standing of the subject, and until the saidvplans and location of the bridge are approved by the Secretary of ar the bridge shall not be mgm built: Hmdgd, That said bridge shall be constructed as a pivot drawbridge with a draw over the main channel of the river at an accessible and navigable point and with spans of not less than ninety feet in length in the clear on each side of the central or pivot pier of the draw, and the headroom under all river spans shall not be less than live feet above local high—water mark, and the piers of said bridge shall be built with the current of said river and the bridge itself shall be as near at °*’°“*“g "’“"· right angles thereto as practicable: Provided also, That said draw shall be opened promptly upon the reasonable signal for the passing of boats; the said corporation shall maintain at its own expense from sunset to L*¥l"’· °*°·_ sunrise such lights or other signals on said brid e as the Light-House ·*""‘°“"‘g°"°“· Board shall prescribe: Prrrvided also, That sadl corporation shall, at its own expense, build and maintain under direction and supervision of the Secretary of War, such wing dams and booms or other works necessar · to maintain the channel within the draw s ns of said bridge, and shall, at its own ex cnse, maintain a. depth oiim water through its draw s ans of not less than that now existing, as shown by the report of the €Var Department, at the point where said bridge may be located. °“°“¤°'· Sec. 3. That the Secretary of War is hereby authorized and directed, upon receiving such plan and map and other information, and upon being satisfied that the bridge built upon such plan, with such accessory works, and at such locality, will conform to the prescribed conditions of this Act, to notify said corporation that he approves the same; and upon such notification the said company may proceed to the erection of said bridge, conforminggtrictl to the approved plan and location; and shoul any change mad; in the pllan of the bridge or accessory 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 opinion of the Secretary of lVa1·, obstruct such navigation, he is hereby authorized , to cause said change or alteration of said brid e to be made as will eifectuall obviate such obstruction, and all such alterations shall be made andy all such obstructions be removed at the expense of said oor- """'"°"· poration; and in case of any litigation arising from any obstruction, or