Page:United States Statutes at Large Volume 24.djvu/91

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56 FORTY-N IN TH CONGRESS. Sess. I. Ch. 347. 1886. Drew shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the mam channel of the river at an accessible and navigable point, and with spans not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than three hundred feet, and the head-room under such span shall not be less than ten feet above high-water mark: And provided also, That said draw shall be opened promptly upon reasonable Lights, etc. signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset until sunrise, such lights or other signals on said bridge as the Light-House Board shall prescrlbez _ Oth°!'°°¥PP¤¤i°¤ And provided also, That if said company or corporation shall elect, as

  • ° h‘"° "’gh* °*` is hereinbefore provided, to erect a combined railroad and wagon bridge,

w°y` then all railway companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the aptosjgfgg °fW‘“' proaches thereto, under and upon such terms and conditions as hall be mm, ,,,, to ,g°;a':_°` prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree. ‘ ` S¤={¤f¤ry¤fW¤r Sec. 3. That the Secretary of War is hereby authorized and directed, 3 :°*Q’v:‘,mP““Y upon receiving such plan and map and other information, and upon PP ’ being satisiied that a bridge built on such plan, and with such accessory works, and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge or said accessory works, during the progress of the work thereon, such _ _ _ change shall be subject likewise to the approval of the Secretary of L1¤z¤¤¤¤- War; and in case of any litigation arising from any obstruction 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 circuit court of the United States for the State of Iowa or the State of Nelwraskal, in which any portion of said obstruction or bridge may be ocatc . T° b° ° bww Sec. 4. That the said bridge and accessor works when built and ggiiim °°dP°°°' constructed under this act and according to the terms, and limitations thereof,_shall be lawful structures; and said bridge shall be recognized and known as a p0st—route, upon which also 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 transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of ¤¤¤fs¤¤· other post-routes of the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge. P·>¤*¤¤ ¤¤1¤¤¤·r¤=· src. 5. rim the United sums shan have the right or way rm--such postal-telegraph lines across said bridge as the Government of. the ' _ United States may construct and control. _tf¤$:;c*;é·({¤¤¤d» Sec. 6. That Congress shall have power at any time to alter, amend, " ‘ or repeal this act so as to prevent or remove all material and substantial obstructions to the navigation of said river by the construction of said bridge and its accessory works; and the expense of altering said ' bridge or removing such obstructions shall be at the expense of the owners of or persons controlling said bridge. _ Sec. 7. That this act shall take edect and be in force from and after its passage. Approved, May 17, 1886.