Page:United States Statutes at Large Volume 22.djvu/510

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FORTX SEVENTH CONGRESS. Sess. II. Ch. 100. 1883. 483 Feet in length in the clear, and the main span shall be over the main channel oi the river. The lowest part of the superstructure of said bridge shall ln- at least fifty feet above extreme l1igh—water mark, as understood at the point of location, and at least eighty feet above lowwater, and the bridge shall be at right angles to, and its piers parallel w1tli,tl1e current of the river: Provided, That if the same shall be con- Pnwuo. structud as a drawbridge it shall have two or more pivot or draw span Construction an openings over the main channel of the river, giving two hundred feet d*`“W‘b"id8°· clear channelwvay in each opening, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river. Also that all fixed spans located between the shore lines, at the medium stage of water, shall bethree hundred teet or more in length, and that the clear head-room under such spans shall not be less than ten feet at highest water: Provided also, That said draw shall be opened P¤wi¤¢· promptly by said company, upon reasonable signal, for the passage Si€¤¤l¤· of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said - bridge as the Light·House Board shall prescribe. No bridge shall be Not to obstruct erected or maintained under the authority of this act which shall at any frw ¤¤vig¤¢i¤¤· 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 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. And in case of any litigation arising from any obstruction or alleged obstruction to the tree 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 of the State of Missouri in which any portion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so Provino. construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. Sec. 4. That all railroad companies desiring the use of said bridge shall Bq¤¤1rigN=¤¤¤<1 have and be en titled to equal rights and privileges relative to the passage P"!,"':?? *° °“'°‘ of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case 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 said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties: Provided, That the provisions of section two Promo. in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. · Sec. 5. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall P1sns,drawiu§= submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for tffy of wg, the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-hues at high and low ‘ water, the direction and strength of the currents 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 satisiactory understandin g of the subject; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be