Page:United States Statutes at Large Volume 34 Part 1.djvu/159

 FIFTY-NINTH coseiucss. sa. 1. cs. 1659. 1906. 129 security of navigation of said river as the Secretary of War shall prescribe, and to secure that object the bridge company shall submit to the Secretary of lrVar, for his examination and approval, a design and drawing of the bridge and the map of the location, giving for the space of three—fourths of a mile above the roposed location the depth and currents at all points of the same and) the depths and currents as far below the proposed location as he may require, and the location of any other bridge or bridges three—fourths of a mile above and below the prqposed location, together with all other information touching said bri ge and river as may be deemed requisite by the Secretary of War to determine whether said bridge, when built, will conform to the provisions of this Act, and cause any serious obstruction to the navigation of the river or injuriously atleet the flow of water. Sec. 3. That the Secretary of War is hereby authorized and directed,- et§°'-*°° °* °PP'°'•l· upon receiving said plan and map, and upon bein satisfied that a ' bridge built upon such a plan and at said locality will conform to the provisions of this Act and cause no unreasonable obstruction to the navigation of the river or injuriously affect the flow of water, to notify said company that he approves the same; and u on receiving such notification, the said com any may proceed to the erection of said bridge, conforming strictly to the approved plan and location. But unti the Secretary of War shall approve the plan and location of the said bridge, and notify the said company of the same in writing, . the bridge shall not be commenced; and no change shall be made in the approved plan of the brid e during the progress of the work thereon or after completion unless such change is approved by the Secretary of Wa1·. . Sec. 4. That said bridge shall be constructed and used for the pas- m':;!;;; ,;,9;;, ¤¤** sage of wagons and vehic es of all kinds, for the transit of animals and ` foot passengers, for the erection and maintenance thereon of telegraph and telephone wires, and the passage and operation of street cars over the same for such reasonable rates of toll as may be fixed by the laws "°“¤· of the State of Pennsylvania, or may be agreed upon between the bridge company and such persons or corporations using the same where the rates of toll are not fixed by law; and in case the parties interested shall fail to a ee on the sum to be paid and on the ru es and conditions to which eachvlshall conform in usin said bridge, all matters at issue between them shall, upon the ap ldcation of either party, be determined by the circuit court of the ignited States in and for any district in which any portion of said bridge may be. The United States shall also have the right. of way over said bridge for postal, telegraph, and telephone purposes: Provider], That all street railroad companies 5gé¤*fg<;· mm m1_ desiring the use of said bridge shall have and be entitled to equal me companies. rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto, and all telephone and dTh•z¤zr¤i>¤· vwtelegrapb companies shall be granted equal rights and privileges in the g ` construction and operation 0 their lines across the bridge. Sec. 5. That said bridge herein authorized to be constructed shall gaQ;g“*’“°“°° M"' so be kept and managed at all times as to afford propler means and ' ways for the passage of vessels, barges, or rafts, bot by day and by night, and there shall be displaye on said bridge by the owners _ thereof, from sunset to sunrise, such lights or other signals as the '—*g*“·°· °*°· Light-House Board may prescribe; and such changes shall be made Chances. from time to time in the structure of said bridge, by the owners thereof, at their own expense, as the Secretary of l 'ar may deem necessary and order in the interest of navigation; and in case of any litigation arising from any alleged obstruction to the navigation of any of said rivers created by the construction of any bridge under this Act, the cause or question arising may be tried before the circuit court of the United States in and for any district in which any portion of von xxxiv, Pr 1--9