Page:United States Statutes at Large Volume 33 Part 1.djvu/244

 .156 FIF'1`Y—EIGHTH coremzss. sm. 11. cs. ess. 1904. the river to the draws shall not be less than two hundred 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: And proopening mw. vided also, That said draw shall be opened prompt y, upon reasonable signal, for the passage of boats and other water craft; and said company or corporation shall maintain, at its own expense, from sunset 1-*¤**¤·»¢*¤· till sunrise, such lights or other signals on said bridge as the Light- House Board shall prescribe, and such sheer booms or other structures · as may be necessary to safely guide vessels, rafts, or other water craft safely through said channel span, or draw oppnings, and as shall be designated and required by the Secretary of ar: Andprovéded fur- P°"“““°“'°h“““°*‘ thm-, That the corporation building said bridge may, subject to the approval of the Secretary of War enter upon the banks of said river, either above or below the point of location of said bridgeyand confine the How of the water to a permanent channel, and to do whatever may be necessary to accomplish said object, but shall not im e or obstruct mmm the navigation of said river, an shall be liable infor all injuries to private property; and all plans for such works or erections u n the banks of the river shall first be submitted to the Secretary of ¤°=*°**"*¤•¤°¤~ Vggr for his approval: And prauédedfurthw, That any bridge built · under the prov1sions of this Act shall be at right angles to the current R°****°“°**· of the river at high water: And ovided f5·¢her, That the bridge herein authorized to be constructedyslhall not be built within less than one mile of any other bridge across said Missouri River. ‘ _£,;Q’S"“°‘°d ¤*“*· Sec. 3. That no bridge shall be erected or maintained under the °authority of this Act which shall at aniy time substantially or materially “p§,°r*jj‘§j”Iff;g§ l;';' *° obstruct the free navigation of said river; and no bridge shall be ’commenced or built un er 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 War; and any change in the plan of its construction or any alteration in the bridge after its construction CWM shall be subject to the 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 river, he is hereby authorized to cause such change or alteration of said bridge or its accessory works to be made as will effectual] obviate such obstruction; and all such alterations shall be made ami; all such obstructions be removed by the owner or owners of said bridge, or the persons ¤°¤·'¤¤°**· operating or controlling the same, at their own e nse; and in case o any litigation arising from any obstruction or hllbged obstruction to the free navigation of the Missouri River at or near the crossin of said bridge caused or alleged to be caused thereby, the cause shah be commenced and tried in the circuit courts of the United States of either judicial district of South Dakota or Nebraska in which the said ,,,,,.,,,,_ bridge or any portion of such obstruction touches: Provided, That mgjgnli *****5 **0* nothing in this Act shall be so construed as to repeal or modify any ` of the provisions of law now existing in reference to the rotection of _ _ the navigation of rivers, or to exempt said bridge from the o ration ,,§°'”""“‘l °i "‘“"g* of same. And the bridge shall not be open to traffic until allgpiling and other false work used in constructing the bridge shall have been wholly removed to the satisfaction of the Secretary of War. ¤¥é¤;;é*;})uj;¤¤¤**¤ Sec. 4. That any bridge built under this Act and according to its ' 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, the troops, and munitions of war of the United States than the rate per mile paid for Tm H h t their transportation over the railroad or plublic highways leading to sigma g p ’ ° °" such bridge. The United States shall also ave the right to construct,