Page:United States Statutes at Large Volume 22.djvu/488

FORTY-SEVEN TH CONGRESS. Sess. II. Ch. 94. 1883. 46] 18 hereby declared to be, when completed in accordance with the afore- Declared ¤ kwsmd Joint resolution of the legislature of the State of Connection rs, a law- M “““°*“"° md ful structure and a post-route for the conveyance of the mails of the PDE3Q53E5B' United_States: Provided, That no higher charge shall be made for the A l transmission over the same of the mails, the troops, and the munitions of war of the United States, or for passengers and freight passing over said bridge, than the rate per mile paid for the transportation over the railroads leading to the said bridge; and it shall enjoy the rights uml privileges of other post-roads in the United States: And provided fur- Promo. ther, That the said bridge shall be built with a pivot-draw,not less than Pivot-dmw. five hundred feet in length, and so as to not practically interfere with the navigation of said river for commercial or naval purposes, or the usefulness and efficiency of the navy-yard upon the same. In order to secure a compliance with these conditions, the said New York, Provi- ` dence and Boston Railroad Company, previous to commencing the con- Plan of bridge struction of said bridge, shall submit to the Secretary of War and the wd l<>°¤*i°¤ ¤¤ Secretary of the Navy of the United States a. plan of said bridge, and of §¥v°gf?,€',‘f,°'I§;"’ the location thereof, with a detailed map of the river at the proposed for ,,pp{0v.,1_ vy’ site of said bridge, and for the distance of a. mile above and below such site, exhibiting such information touching said bridge and river as may be deemed requisite by said Secretary of War and said Secretary of the Navy to determine whether the said bridge, when built, will conform to the prescribed conditions of this act, to not practically interfere with the navigation of said river for commercial and naval purposes, or the usefulness and elllciency of the navy-yard upon thesame. 81:0. 2. That the Secretary of War and the Secretary of the Navy are hereby authorized and directed, upon receiving said plan and map and other information, and on the application of said railroad company, to designate a board of competent Army and Navy olllcers to examine such _ Board m cxsmplan and location, and if, in the opinion of said board, such plan and “;° “'“;t"°P°"* °” location, or any modification thereof, will not practically interiere with P °"’ °’ the navigation of said river for commercial or naval purposes, or the _ usefulness and eiliciency of the navy-yard upon the same, said board is hereby authorized- to approve the same. The approval of said board Approval or shall be liled with the Secretary of War, and upon the tiling thereof it B°*'*- shall be the duty of the Secretary of War, in writing, to notify said railroad company thereof; and, upon receiving such notification, the said company may proceed to the erection of said bridge, conforming strictly to such approved plan and location. Until the said board, so appointed as aforesaid, shall approve the plan and location of said bridge, and the Secretary of War shall, in writing, notify said railroad company the same, said bridge shall not be built or commenced. And the sand bridge shall be at all times so kept and managed as to olfer reasonable and proper means for the passage of vessels through said structure; and to secure the safe passage of vessels at night there shall be displayed on · said bridge, hom the hour of sunset to that of sunrise, such lights as Lights and sigmay be prescribed by the Secretary of War. _ _ _ Mh- Sec. 3. That all railroad companies desnring the use of said bridge pqonrignmooa shall have and be entitled to equal rights and privileges relative to the pqm *0 Mbvr passage of railway trains or cars over the same, and over the ap- "" preaches thereto, upon payment of a reasonable eompensauon for such Compensation. usc; and incase the owner or owners of said bridge and the several railroad companies, or any one 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 sand bridge, all matters at issue between them shall be decided by the Secretary0f Vyar, upon a hearing of the allegations and proofs of the parties: Pmmdcd, That the pro· Pnviso. visions of section one in regard to charges for passengersand freight across said bridge, shall not govern the Secretary of Wm in determining any question arising as to the sum or sums to paid to the owners of said bridge by said companies for the use of said bridge.