Page:United States Statutes at Large Volume 34 Part 1.djvu/126

 96 FIFTY-NINTH CONGRESS. Sess. I. Ch. 1361. 1906. a plan of said bridge and a map of the location, showing for one mile above and one mile below the proposed location the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current, soundings showing the bed of the stream, the location of any other bridge in that vicinity, and such other information as may be required for a full and satisfactory understanding of the subject; and until such plan and location are approved by the °***“¤°°· Secretary of War the said brid e shall not be commence or built; and should any change be made in the plan of said bridge, during the progress of construction or after completion, such c ange shall also be subject to the approval of the Secretary of War. _ ml;,°P‘_§_§'},l,,;‘Q}'"°‘“'° Sec. 4. That the bridge and its accessories constructed according to the rovisions of this Act shall be a lawful structure, and the same 1s hereby declared to be a post route, and no higher charge shall be made for the transportation of the mails and the troops and munitions of war of the United States over the same than the rate per mile paid for their transportation over the railroads leading to said bridge; and the United Statps shall havel the right pif waxy across said bri gelpnd its; 'f<=1¤s¤¤v¤· ¢¢¤-· a roaches or ostal, te e an te e one purposes; an equa dghm piliirileges in thel) use of saidbiiidge shall be granted to all telegraph and telephone companies. Use by other r¤¤¤¤· Sec. 5. That all railroad companies desiring to use said bridge shall have and be entitled to equal r1 hts and privileges in the passage of railroad trains over the same and the approaches thereto, under and u nsuch terms and conditions as shall be prescribed by the Secretary ’ cfm War, upon hearing the allegations and proofs of the parties in case they shall not agree. ""l' Sec. 6. That the said bridge herein authorized to be constructed shall be kept and maintained so as to secure at all times reasonable and proper provisions for the passage of vessels through the same, 1-izhu. ¤¢¤· and there shall be maintained on said bridge by the company aforesaid, from sunset to sunrise during the season of navigation, such lights as the Light-House Board shall prescribe; and such changes shall be made from time to time in said bridge, and at the expense of the company aforesaid, as the Secretary of W ar may direct in order to pre- ¤¤¤¤¤°¤· serve the free navi ation of said river; and in case of any litigation arising by reason of- the construction and maintenance of said bridge. the same may be tried in the circuit or district courts of the United States for the district of South Dakota, in whose jurisdiction said mtg hm not bridge is located: I’1·0v¢°de¢I, 'l` hat nothing in this Act shall be so conmecwd. strut-d as to repeal or modify any of the provisions of the law now existing in reference to the nrotcction of the navigation of rivers or to exempt this bridge from tlnc operation of the same. _,}§,§Qe"g}’V *""’*° Sec. 7. That power and authority are hereby granted to the said Chicago, Milwaukee and Saint Paul Railway Company to construct a temporary bridge across said Missouri River adjacent to the location of said permanent bridge hereinbcfore authorized. to be used by said company in the construction of its said railway and bridge, and of transporting across said river material and supplies needed therefor. Said temporary bridge shall be constructed subject to the same regulation and control by the Secretary of War as is hereinbefore provided for said permanent bridge, and with such an opening for the R¤¤°*¤l°*· purposes of navigation as he may prescribe. Said temporarv bridge shall be removed by said Chicago, Milwaukee and Saint Paul ~Railway gompany as soon as said permanent bridge is completed and ready or use. ,,;'”° °‘ °°°*“‘“°‘ _ Sec. 8. That this Act shall be null and void if the actual construction of the bridge herein authorized shall not be commenced within one year and completed within three years from the date this Act takes effect. _