Page:United States Statutes at Large Volume 33 Part 1.djvu/271

 F IFT Y-EIGHTH CONGRESS. Sess. H. Ch. 1392. 1904. 183 Mingo County, West Virginia, where the same forms the boundary line between the States 0 West Virginia. and Kentucky, as the said Frank P. Harman, or his assigns, may deem suitable for the passage of said road over the said Tug Fork of the Big Sandy River, subject to the approval of the Secretary of War. · . . Sec. 2. That any bridge authorized to be constructed under this Act u‘g,•p'g,“,{,ug';'“°‘“'° shall be a lawful structure and shall be recognized and known as a· post route, and shall enjoy all the rights and privileges of other postroads in the United States, upon which also no higher charge shall be made for the ·transmission over the same of the mails or for throu h passengers or freyht passing over said bridge and ap roaches than the rate per mile for transportation over the railroads leading to said bridge; and e United States shall have the right of way for postal, telegraph, and telephone purgses, without c arge therefor, across said bridge and approaches. id bridge shall be built and located E S°:;'$£,,g§ of *° under an subject to such regulations for the security of navi tion as pp P` the Secretary of War shall prescribe; and to secure that ogjiect the said Frank P. Harman, or his assigns, shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge and a malp of the location giving for the space of one mile above and one mile be ow the proposed ocation the high and low water lines upon the banks of the river or rivers, thedirection and strength of the current at all stages of the water, with the soundings accurately showing the bed of the stream and the location of any other bridge or bridges, such map to be sumciently in detail to enable the Secretary of War to judge of the proper location of the bridge, and shall furnish such other informationas may be required for a fu and satisfactory understanding of the subject; and until the said plans and location are apglroved by the Secretary of War the bridge shall not be commenced or uilt; and should any change be made in the plan of said bridge Cbmmduring the progress of construction or after comp etion, such change shall be subject to the approval of the Secretary of War, and any _ changes which the Secretary of War may require at any time in the said structure shall be promptly made by the said Frank P. Harman, or his assi s, at his or their own expense. . _ Sec. 3. That all railroad companies desiring the use of the bridge l'" by °"‘" ’°"“ authorized by this Act shall have and be entitled to equal rights and privileges with the said Frank P. Harman and his assigns re ative to the passage of railway trains or cars over the same and over the approaches thereto, upon the payment of a reasonable compensation for such use; and in case the owner or owners of the said bridge and the several railroad com nies, or any one of them, desiring such use shall fail to agree u n die sum or sums to be paid, and upon the rules and conditions to which each shall conform in using said bridge, all _ matters at issue between them shall be decided by the Secretary o War Tele n h m upon a hearin of the allegations and proofs of the (parties; and equal agus. g P ‘ " privileges in the use of said bridge shall be grante to all telegraph · and telephone companies. _ _ _ Li ht t Sec. 4. That on any bridge constructed under the provisions of this g ’· ° °‘ Act there shall be maintained, at the expense of the person, company. or corporation owning or controllinglthe same, such lights and other signals as may be prescribed by the ight—House Boar . _ _ Sec. 5. That this Act shall be null and void if actual construction of "`”“"°‘°°“"“'“°“°’* the bridge herein authorized be not commenced in one year and completed within three years from the date hereof. _ _ · d Sec. 6. That the right to alter, amend, or repeal this Act is hereby *“‘“°“ '“°“°· expressly reserved. Approved, April 16, 1904.