Page:United States Statutes at Large Volume 24.djvu/46

FORTYNINTH CONGRESS. Sess. l. C11. 48. 1886. 1 1 point of location, and the bridge shall be at right angles to and its piers parallel with the current of the river: Provided, That if the same Promo. shall be constructed as a. draw-bridge, the draw or pivot pier shall be at 01- near that shore nearest the channel of the river where, in the pmwg opinion of the Secretary of War, the passage through the draw at that point can be consistently maintained; if not so constructed, then the draw-pier to be in the main channel, and the opening or passage-way to be so protected that watercraft; can be worked through it by lines when not sate to pass otherwise; and the spans shall not be less than two hundred feet in length in the clear, with two side spans of three hundred feet each, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten ieet above high-water mark, as understood at the point of location, to the. lowest part of the superstructure of said bridge: Provided also, That said draw shall be opened promptly Previewupon reasonable signal for the passing of boats; and said company or Lights Gm corporation shall maintain, at its own expense, from sunset till sun- ° ’ ` risc, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under Free navigation the authority of this act which shall at any time substantially or mate- iv M maintained. rially obstruct the free navigation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will edectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners - of said bridge; and in case of any litigation arising from any obstruc- Litigation. tion or alleged obstruction to the free navigation of said river caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of Missouri in which any portion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. Sec. 4. That all railroad companies desiring the use of said bridge A1] railroad wmshall have and be entitled to equal rights and privileges relative to the £‘;“fm°;‘?"° “;*f passage of railway trains over the same, and over the approaches p,m,m0€,.’ thereto, upon payment of a reasonable compensation for such usc; and tary of wh so do in case the owner or owners oi' said bridge and the several railroad ¤i¢1¤ disogree companies, or any one of them, desiring such use, shall fail to agree “‘°°*“· upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon sn. hearing of the allegations and proofs of the parties. _ Sm:. 5. That any bridge authorized to be constructed under this act Plans. ctc., fqr shall be built and located under and subject to such regulations for the °‘&‘;";:Y°t‘;’ :*:‘{; security of navigation of said river as the Secretary of War shall pre- gubmigmd '{0 Sm scribe; and to secure that object the said company or corporation shall rotary ofWar. submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river,.the shorelines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject · and until the said plan and location of the bridge are approved by the Secretaryof War the bridge shall not built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War.