Page:United States Statutes at Large Volume 28.djvu/108

FIFTY-THIRD CONGRESS. Sess. ll. Ch. S0. 1891. 79 for imperfect foundations shall be permitted to approach nearer than four feet to the surface of the water at its extreme low stage, or otherwise to encroach upon the channel-way provided for in this Act; and the said draw shall be opened promptly, upon reasonable signal, for the opening aww. passing of boats; and said company shall maintain, at its own expense, from sunset till sunrise, throughout the season of navigation, such lights Lights, em. or other signals on said bridge as the Light House Board may prescribe. Sec. 2. That any bridge built under this Act and subject to its Lawful structure limitations shall be a lawful structure, and shall be recognized and ‘“"* pm "°‘“"· known as a post route, upon which, also, no higher charge shall be made for the transmission over the same of mails, the troops of and the munitions of war of the United States than the rate per mile paid tor the transportation over the railroad or public highways leading to said bridge; and it shall enjoy the rights and privileges of other post roads in the United States. Sec. 3. That no bridge shall be erected or maintained under the au- Fm ¤¤*iz¤¢i¤¤- thority of this Act which shall at any time substantially or materially 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 effectually obviate such obstructions; 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 obstruction or Litigation. 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 for the State of Arkansas, in whose _ jurisdiction said obstruction or bridge may be located: Provided, That £"f""f°· nothing in this Act shall be so construed as to repeal or modity any of ,,,¤·,,§§§{"g I"" "°° the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt said bridge from the operation of the same. Sec. 4. That all railway companies desiring the use of said bridge ug; by Mer comshall have and be entitled to equal rights and privileges relative to P ' the passage of railway trains over the same, and over the approaches . thereto, upon payment of a reasonable compensation for such use; and Tvrws. in case the owner or owners of said bridge and the several railroad companies, or any 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 Winr upon a hearing of the allegations and proof of the parties. Sec. 5. That the bridge authorized to be constructed under this Act S•¤¢r¤f¤rF of Wnrtc shall be built and located under and subject to such regulations for the "m"°"° P °"" °°°‘ security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of \Var, for his examination and approval, a design and drawing of said 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 shore lines at high and low water, the direction and strength of the currents at all stages, and the sonndings, accurately showing the bed of the stream, the location of any other bridge or bridges, a11d 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 Secretary of \Var the bridge shall not be built; and should any change cuuuzcs be made in the plan of said bridge during the progress of construction such change shall be subject to approval of the Secretary of War. And the said structure shall be changed at the cost and expense of the owners thereof from time to time as the Secretary of War may direct, so as to preserve the free and convenient navigation of said river, and the authority to erect and continue said bridge shall be subject to