Page:United States Statutes at Large Volume 33 Part 1.djvu/799

 712 FIFTY-EIGHTH CONGRESS. Sess. III. Cns. 565, 566. 1905. V¤° bY °“*°’ ’°°“- Sec. 4. That all railway companies desiring to use said bridge shall have and be entitled to e ual rights and privileges in the passage over the same and in the use thereof and of the approaches thereto under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree. S°°'°“Yf¤gi Wg! *0 Sec. 5. That the bri ge herein authorized shall be located and conappmwp mestructed under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe, and said company shall submit to the Secretary of War, for his examination and approval, a design and drawings showing the plan of said bridge and a map of the location giving for the space of one mile above and one mile below the roposed location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current, and the soundings, accurately showing the bed of the stream, the location of any other bridge in that vicinity, and shall furnish such other information as may be required for a full ' and satisfactory understanding of the subject; and until said (plan and _ location are approved by the Secreta of War the said bri ge shall Chance. not be commenced or built; and shoililld any change be made in the plan of said bridge during the progress of construction or after completion such change shall also be subjpct to the approval of the Secre- %{¤)g*>¤¤¤¢*¢<i ¤¤V*· tary of War; and the said bridge s all at all times be so kept and mimaintained as to aiford reasonable and proper means for the assa e ` of vessels through the same, and whenever thesaid bridge shall; in the opinion of the Secretary of War, unreasonably obstruct the navigation of said river he is hereby authorized to cause the removal thereof or such changes and alterations therein as may be required to preserve the free and convenient navigation of said river, and such removal or such alterations shall be at the cost and expense of the owners thereof; Litigation. and in case of any litigation arising from the obstruction by said bridge to the free navigation of said river, or for the purpose of compelling the removal or any alterations thereof, as hereinbefore provided, the same may be had in the district court of the United States for the district of South Dakota, in whose jurisdiction said bridge is located: gggjggk mm not Pwwéded, That nothing in this Act shall be so construed as to repeal mehrés. or modify any of the provisions of the law now existing in reference to the protection of the navigation of rivers or to exempt this bridge from the operations of the same. · rim or construe- Sec. 6. hat this Act shall be null and void if the actual construc- “°“· tion of the bridge herein authorized shall not be commenced within one year and completed within three years from the date this Act takes effect. _ Am""‘”°°‘· Sec. 7. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 9, 1905. February 9,1905. CHAP. 568.-An Act Granting to the Keokuk and Hamilton Water Power YH- R- l*’28‘*·l Company rights to construct and maintain for the improvement of navigation and [puma, gn, 55,] deve opment of water power a dam across the Mississippi River. _ Be it enacted by the Senate and House 3fRepresentativea of the United }}§f§;§${‘°,{’},,§*{}'§f,,,,_ States of Ajmerica in Oemgress assemble, That the assent of Congress vm W¤rcr§¤wer€gm— IS hereby given to the Keokuk and Hamilton Water Power Company, $`$lf,§'i{’Q,'{.`£,'Q;°i0wQii a corporation created and organized under the laws of the State of Illinois, its successors, and assigns, to erect, construct, operate, and maintain a dam, with its crest at an elevation of from thirty to thirty- five feet above standard low water, across the Mississippi River at or near the foot of the Des Moines Rapids, from Keokuk, Iowa, to