Page:United States Statutes at Large Volume 22.djvu/66

FORTY-SEVENTH CONGRESS. Sess. I. Ch. 60. 1882. 39 That if the same shall be constructed as a draw·bridge, the draw or DHW- pivot pxer shall be at or near that shore nearest the channel of the river where in the opinion of the Secretary of War, the passage through the draw at that point can be consistently maintained ; if not so constructed then the draw pier to bein the main channel, and the opening or pessage way to be so protected that water craft can be worked through it by lines, when not safe to pass otherwise; and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with, and the bridge itself at 1-ight angles to the current of the river, and the spans shall not be less than ten that above extreme high water mark, as understood at the point of location, to the lowest part; of the superstructure of said bridge: Pro- Proviso. vided also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or Lights. other signals on said bridge, as the Light House Board shall prescribe. No bridge shall be erected or maintained under the au‘th0rity of this act which shall at any time substantially or materially obstruct the free Fm, navigation navigation of said river; and if any bridge erected under such authority, P1-om-mq, 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 efectually obviate such obstruction; and all such alterations shall be made. and all such obstructions be removed at the expense of the owner cr owners of said bridge. And in case of any litigation arising from any obstruction or alleged obstruction to the free 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: Prov-idbdfurther, That nothing in this act shall be so mm. construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, 01- to exempt this bridge ti·0m the operation of the same. Smu. 4.-That all railroad companies desiring the use of said bridge Railway compsshall lmve and be entitled to equal rights and privileges relative to the ¤i¤¤ ¤¤!=1*l¤¤ W passage of railway trains over the same and over the approaches °‘!!:;} “$h°“ “d thereto, upou payment of a reasonable compensation forsuch use J; and Im °g°°' · in case the owner or owners of said bridge and the several mnhoad 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. Suc. 5.-That any bridge authorized to be constructed under this act P1m and locashall be built and lomted under and subject to such regulations tbr the t¤<>¤*<>f>° °gPr°V?, security of navigation of said river as the Secretary of War shall pre- w: ° "° "’ - scribe; and to secure that object the said eompauyor corporation shall submit to the Secretary of War, for his examination and approval, a design @ dravrings of the bridge, and a map of the location, giving, for the of 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 and strength of the currents at all stages, and the somndings, awumtely showing the bed of the stream, the location of any other bridge or bridges, and shall mmish such otherjnfqrmation as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are upproved by the Secretary of Wm- the bridge shall not be buiy: ; and should any change be made in the plan of said bridge dumng the progress of construction, such change shall be subject to the approval of the Secretary of War. SEc.6.—Thaztheright to sltenameud orrepeal this aetrshereby expressly reserved.‘ Approved, April 1, 1882.