Page:United States Statutes at Large Volume 34 Part 1.djvu/115

 FIFTY-NINTH CONGRESS. Sess. I. Ch. 1130. 1906. 85 by the Chief of Engineers and by the Secretary of lVar it shall not be lawful to deviate from such plans, either before or after completion of the structure, unless the modification of such plans has previously been Modifiqution of submitted to and received the approval of the Chief of Engineers and p1auSmSm°md` of the Secrpltiary of WV ar. Sec. 2. at any brid e built in accordance with the rovisions of L*“"‘§1 ""“°“”°S this Act shall be a lawful structure and shall be recognizeil and known and P0 Homes. as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the trans— portation over any railroad, street railway, or public highway leading to said bridge; and the United States shall have the right to construct, maintain, and repair, without any charge therefor, telegraph and telephone lines across and upon said bridge and its approaches; and equal ,_,g`h‘Q°g'°Ph· °*°·· privileges in the use of said bridge and its approaches shall be granted ` to all telegraph and telephone companies. Sec. 3. That all railroad companies desiring the use of any railroad pagggsby °*h°' °°’°‘ bridge built in accordance with the provisions of this Act shall be ` entitled to equal rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment of a reasonable compensation for such use; and in case Compensation. of any disagreement between the parties in regard to the terms of such use or the sums to be paid all matters at issue shall be determined by / the Secretary of lVar upon hearing the allegations and proofs sub-. mitted to him. _ Sec. 4. That no bridge erected or maintained under the provisions g,,%‘,§‘,§l”‘*“‘°"°° “’"" of this Act shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed, and  any bridge erected i in accordance with the provisions of this Act shall, in the opinion of the Secretary of lVar, at any time unreasonably obstruct such navigation, either on account of insufficient height, width of span, or otherwisc, or if there be difficulty in passing the draw opening or the drawspan of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the Secretary of War, after giving the parties interested reasonable opportunity to be heard, to notify the gersons owning or controlling such bridge to so alter the same as to ren er navigation through or under it reasonably free, easy, and unobstructed, stating in such ¤¤¤¤B¤¤· notice the changes required to be made, and prescribing in each case a reasonable time in which to make such changes, and if at the end of the time so specified the changes so required have not been made, the persons owning or controlling such bridge shall be deemed guilty of a violation of this Act; and all such alterations shall be made and all such obstructions shall be removed at the expense of the persons owning or operating said bridge. The persons owning or operating any *·*¥**'¤·*>*°- such bridge shall maintain, at their own expense, such lig ts and other signals thereon as the Secretary of Commerce and Labor shall prescribe. lf the bridge shall be constructed with a draw, then the draw <*e<=¤i¤¤d¤~W· shall be opened promptly by the persons owning or operating such bridge upon reasonable signal for the passage of boats and other water craft. lf tolls shall be charged for the transit over any bridge con- 'mlf structed under the provisions of this Act, of engines, cars, street cars, wagons, carriages, vehicles, animals, foot passengers, or other passengers, such tolls shall be reasonable and just, and the Secretary of \Var mav, at any time, and from time to time, prescribe the reasonable rates of toll for such transit over such bridge, and the rates so prescribed shall he the legal rates and shall be the rates demanded and received for such transit. _ _ _ _ Sec. 5. That any persons who shall fail or refuse to comply with the wglfn Qjg{’,{g,Qj)*;;*°: lawful order of the Secretary of lVa1‘ or the Chief of Engineers, made misdemeanor. in accordance with the provisions of this Act, shall be deemed guilty