Page:United States Statutes at Large Volume 33 Part 1.djvu/150

62 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 501. 1904. in damages for all injuries to private property; and all plans for such works or erections u n the banks of the river shall first be submitted —·¤d¤*¤¤¤V*8¤¤°¤· to the Secretary of %i· for his approval: AmZp¢·0cided_fur¢her, That any built under the provisions of this Act shall be at right angles to the current of the river at high water: Amd f7‘0’lJZ¢Z€d_f©7‘- L°°°“°¤ *°*“'*°*°d· Mer, That the bridge herein authorized to be constructs shall not be built within less than one mile of any other bridge across said Missouri River. · _ S°r*g"$;*j{uQ§ gy *0 Sec. 3. That said brid e shall be built and located under and subject pp 'P` to such regulations for die security of navigation as the Secretary of War shall prescribe; and to secure that objgrct the said company or cor ration shall submit to the Secretary of ar, for his examination ’""· andpgpproval, a design and drawings of the bridge, and a malp of the location giving, for the space of one mile above and one mi e below the proposed location, the high and low water lines upon the banks of the river, the direction and strength of the current at all stzges of the water, with the soundings, accurately showing the bed of . e stream _ and the location of any other bridge or bripéges, such map to be suHi~ ciently in detail to enable the Secretary of ar to 'jmdge of the proper location of said bridge, and shall furnish such o r information as may be required for a full and satisfactory understandingof the subject; and until the said plans and location are-approved y the Secretary of War the bridge shall not be commenced or built; and any change in the plan of its construction or any alteration in the bridge after its construction shall be subject to the likeapplroval; and whenever said brid e or its accessory works shall, in the opinion of the Secretary of Vgar, unreasonably obstruct the free navigation of said changes. river, he is hereby authorized to cause such chan e or alteration of said bridge or its accessory works to be made as willgetfectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed by the owner or owners of said bridge, or _ the persons operating or controlling the same, at their own ex ense; “"*""°"· 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 or alleged to be caused thereb ·, the cause shall be commenced and tried in the circuit courts of the Ulnited States of either judicial district of South Dakota or Nebraska in which - gffx hm not the-said bridge or any portion of such obstruction touches: Pmvided, affected. 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 protec— tion of the navigation of rivers, or to exempt said bridge from the ` g,§;’,jf”*’°° ‘° "°"*· operation of same. And the bridge shall not be open to traffic until al piling and other false work used in constructin the bridge shall have been wholly removed to the satisfaction of the Secretarv of War. u‘&¤pg¤rj)u;;¤¤*¤*¤ Sec. 4. That any bridge built under this Act and according to its ' limitations shall be a lawful structure, and shall be recognized and known as a post route, upon which also no higher charge shall be made for the transportation over the same of the mails, the troops, and munitions of war of the United States than the rate per mile aid for their transportation over the railroad or public highways leading dg,;f°8*’¤P¤· M-· to such bridge. The United States shall also have the right to _ construct, without charge therefor, telegraph or telephone lines across said bridge. and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies. ·“'°“"‘“°“*· Sec. 5. That the right to alter, amend, or repeal this Act is hereby Tim { expressly reserved. _ _ I ,,0,, ° ° °°°“"“° bnc. 6. That this Act shall be null and void if actual construction P¤#¢.p.•m. of the bridge herein authorized be not commenced within one year and completed within three years from the date hereof. Approved, March 9, 1904.