Page:United States Statutes at Large Volume 34 Part 1.djvu/52

 22 FlFI`Y—NINTH CONGRESS. Sess. I. Ch. 506. 1906. to said bridge; and the United States shall have the right to construct, '1‘¤¤·=¤=¤v¤· ¢¢¤-· maintain, and repair, without any charge therefor, telegraph and telerm'"` phone lines across and upon said bridge and 1bS approaches; and equal privileges in the use of said bridge and its approaches shall be granted to all telegraph and telephone companies. _ _ _ U¤¤¤¤¤’¤¤¤¤¤ ¤·vi· Sec. 4. That no bridge erected or maintamed under the QFOYISIQUS gum" of this Act shall at any time unreasonably obstruct the free navigation; of the waters over which it is constructed; and if any bridgeerected in accordance with the provisions of this Act shall, in the opinion of the Secretary of War, at any time unreasonably obstruct such navigation, either on account of insufficient height, Wldhll of span, or otherwise, or if there be diiiiculty in passing the draw opening or the draw span of such bridge, by rafts, steamboats, or other water craft, 1t shall be the duty of the Secretary of War, after givintglthe parties interested reasonable opportunity to be heard, to notify e persons ownmgor controlling such bridge to so alter the same as to render navigation throu h or under it reasonably free, easy, and unobstructed, stating Ghmzes- in sucdi notice the changes required to·be made, and prescribing in each case a reasonable time in which to make such changes, and 1f 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 per- Uchw. ew- sons owning or operating said bridge. The persons owning or operating any such bridge shall maintain, at their own expense, such hghts and other signals thereon as the Secretary of Commerce and Labor 0v¤¤i¤zdr•*- shall prescribe. If the bridge shall be constructed with a draw, then the draw shall be opened pron1ptly_by the persons owning or operating such bridge upon reasonable signal for the passage of boats and ‘1‘<>¤· other water craft. If tolls shall be charged for the transit over any bridge constructed 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 War may 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 be the legal rates and shall be the rates demanded an received for such transit. wgnilgguwofcgpglg Sec. 5. That any persons who shall fail or refuse to comply with the tary or wm-, sn., s lawful order of the Secretary of War or the Chief of Engineers, made '“*”d°’“°“"°’· in accordance with the provisions of this Act, shall be deemed guilty P¤¤~¤¢v- of a violation of this Act; and any persons who shall be guilty of n violation of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding five thousand dollars, and every month such persons shall remain in default shall be deemed a new offense and w§¤=¤¤<>v¤l of b*i<*8¤· subject such persons to additional penalties therefor; and in addition ' to the penalties above described the Secretary of War and the Chief of Engineers may, upon refusal of the persons owning or controlling any such bridge and accessory works to comply with any lawful order issued by the Secretary of War or Chief of Engineers in regard thereto, cause the removal of such bridge and accessory works at the expense mm_¤ ¤<=¤v¤ ¤¤- of the persons owning or controlling such bridge, and suit for such expense maiy be brought in the name of the United States against such I persons an recovery had for expense in any court of competent jurisjuggggyaggst ¤v¤¤- iction; and the removal of any structures erected or maintained in ’ vnolation of thevprovisions of this Act or the order or direction of the Secretary of W ar or Chiefof Engineers made in pursuance thereof may be enforced by mgunction, mandamus, or other summar process, upon application to the circuit court in the district in which such