Page:United States Statutes at Large Volume 30.djvu/511

472 FIFTY-FIFTH CONGRESS. Sess. 1I. Ch. 452. 1898. _pany, its successors or assigns, a reasonable compensation for the use of the same, to be iixed by the Secretary of War, 1f·Gl10 parties to such T01k- transactions can not agree. The owners of said bridge, 1f they shall _ erect, establish, and maintain in connection therewith a wagon and footpassen ger bridge, may charge and receive reasonable compensation or toll , at the option of said railway company, its successors or assigns, for the transit over said bridge of all wagons, carriages, vehicles, ammal and foot assen ers. Tow ¤¤\z¤l¤·i¤z¤· S30. 5. Thatpany biéidge built under the provisions of this Act shall °°°‘ be a. high bridge with unbroken and continuous spans, the lowest point of superstructure of which shall have an elevation of at least fifty feet above the high-water grade line for bridges as established by the M1s- souri River Commission, and the main or channel span shall afford a clear channel way of not less than four hundred feet, and all other spans _ over the waterway shall have a clear channel way of at least three hundred feet, and the said bridge shall be built at right angles to and 1tS Pr¤v*•>•· · piers parallel with the current of the river: Provided, That said com- I‘l""°°' pany or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Am '=°¤"*¤°‘*°”· Board shall prescribe, and such sheer booms or other structures as may be necessary to safely guide vessels, rafts, or other water craft safely through said channel spans, and as shall be designed and required by C¤¤¤u·¤¤¢i¤¤ ¤f1¤r- the Secretary of War: And provided further, That the corporation build- ""““’“° °°“"°]‘ ing said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river either above or below the point of location of said bridge, and confine the llow of the water to a permanent channel, and to do whatever may be necessary to accomplish said -q¤a1m•¤•¤¤¤¤. ¤t¤· object, but shall not im pede or obstruct the navigation or flood discharge of said river, and shall be liable for all injuries to or appropriation of private property, and all plans for such works or erections upon or within the banks of the river shall nrst be submitted to the Secretary of War for his approval, and no such works shall be commenced without his approval. _ _ _ ousumuunormvi- Sec. 6. That no bridge shall be erected or mamtained under the g““°"· authority of this Act which shall substantially or materially obstruct S¤¤r¤¤¤r,i; <>f $***0 the free navigation of said river; and no bridge shall be commenced or “"'°'°’ °°’ °‘ built under this Act until the location thereof and the plans and specification for its construction, with such maps as may be necessary for a full understanding of the regimen of the river for a distance of one mile above and one half mile below the proposed site of the bridge, shall have been submitted to and approved by the Secretary of War; —ch•¤g¤¤. and any change in the plan of such construction or any alteration in the bridge alter its construction shall be subject to the like approval; ‘ and whenever said bridge shall, in the opinion of the Secretary of War, substantially obstruct the free navigation of said river, he is hereby authorized to cause such change or alteration of said bridge to be made as will 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, or the persons operating or controlling the same; Lmgnricn- and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of the Missouri River, at or near the crossing of said bridge, caused thereby, the cause shall be commenced and tried in the circuit courts of the United States, of either judicial district of the State of Missouri or Kansas, in which said bridge or any portion of such obstruction touches. ,,,}'c:l¤¤"*P**· °*°·· Sm:. 7._ That the United States shall also have the right to collstruct, without charge therefor, telegraph or telephone lines across said A¤¤~*¤<¤¤¤¤¤*· bridge, and the Congress of the United States may at any time alter, amend, or repeal this Act. wE,°;;,;;°°'¤°"* md Sno, 8. That this'Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year, and completed within three years from the date hereof. Approved, June 15, 1898.