Page:United States Statutes at Large Volume 17.djvu/439

This page needs to be proofread.

FORTY-SECOND CONGRESS. Sess. HI. Ch. 4. 1872. 399 Sec. 4. That any person, company, or corporation authorized to con- Persons, &e., struct a bridge across the Ohio river shall give notice, by publication *’““‘°"l"d”° for one week in newspapers having a wide circulation, in not less than ggiigzuggrgss the two newspapers in the cities of Pittsburg, Cincinnati, and Louisville, for Qhio river t0_ bridges, above the mouth of the Big Sandy, and in the cities of Pittsburg, g‘" "'hm ”°°‘°°l Cincinnati, Louisville, Saint Louis, Memphis, and New Orleans, for bridges below the mouth of the Big Sandy, and shall submit to the to submit Secretary of WVar, for his examination, a design and drawings of the l’g“é‘;c*;‘g;"‘2l;.S bridge and piers, and a map of the location, giving, for the space of at way, y least 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 of the current 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 by the Secretary of \Var; and if the Secretary of Vllar is satisfied that the provisions of the law have been complied with in regard to location, the building of the piers may Building of be at once commenced; but if it shall appear that the conditions pre- ;’;:g§°9""‘”§ if scribed by this act cannot be complied with at the location where it is gw H me 1’ desired to construct the bridge, the Secretary of War shall, after considering any remonstrances filed against the building of said bridge, and furnishing copies of such remonstrances to the board of engineers provided Provisions 01 for in this act, detail a board composed of three experienced officers of g;§,?§;d"§‘y b° the corps of engineers, to examine thecase, and may, on their recommen· board or engineer dation, authorize such modifications in the requirements of this act, as Omcefs F€°°¤¤· to location and piers, as will permit the construction of the bridge; not, mend' however, diminishing the width of the spans contemplated by this act: Fm nmgap Provided, That the free navigation of the river be not materially injured mn, thereby. Sec. 5. That all parties owning, occupying, or operating bridges over Lightg to be the Ohio river shall maintain, at their own expense, from sunset to sun- ;*é¤hé'~§é"°d °¤ rise throughout the year, such lights on their bridges as may be required- ° U g°s' by the light-house board for the security of navigation; and all persons owning, occupying, or operating any bridge over the Ohio river shall, in any event, maintain all lights on their bridge that may be necessary for the security of navigation. Sec. 6. That any bridge constructed under this act, and according to Bridges to be its limitations, shall be a lawful structure, and shall be recognized and l¤v§¢"¤lS:r¤¤¤;¤r¤¤ known as a post-route, upon which, also, no higher charge shall be made °mChl;,;g;”fg,`?' 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 the United States shall have the right of way for postal- Postal teletelegraph purposes across any such bridge; and in case of any litigation mom arising from any obstruction or alleged obstruction to the navigation of said river, created by the construction of any bridge under this act, the cause or question arising may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. Sec. 7. That the right to alter or amend this act, so as to prevent or This act may remove all material obstructions to the navigation of said river by the be **l””d· future construction of bridges, is hereby expressly reserved, without any liability of the government for damages on account of the alteration or amendment of this act, or on account of the prevention or requiring the removal of any such obstructions ; and if any change be made in the plan l0h¤¤fg<=s i¤ of construction of any bridge constructed under this act, during the prog- ° °°n"m°` ross of the work thereon or before the completion of such bridge, such change shall be subject to the approval of the Secretary of War, and any change in the construction, or any alteration of any such bridge that may