Page:United States Statutes at Large Volume 24.djvu/536

FOIITY-NINTH CONGRESS. Sess. II. Ch. 357. 1887. 503 which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States. or for through passengers or freight. passing over said bridge, than the rate per mile paid for their transportation over the railroad leading to the said bridge; and the United States shall have the right of way for postaltelegraph and telephone lines across said Postal telegraph. bridge; and in case of any litigation concerning any alleged obstruc- Litigation. tion to the free navigation of said river on account of said bridge, the cause may be tried before the circuit court of the United States ofeither of said States in which any portion of said obstruction or bridge touches ; _ and that all railway companies desiring to use the said bridge shall ]_9“'°' °°“‘l’**¤*°¤ have and be entitled to equal rights and privileges in the passage over My `I"` the same, and in the use of the machinery and lixtures thereofand ofall the approaches thereto, for a reasonable compensation to be paid to the Compensation. owners of said bridge, under and upon such terms and conditions as S t W shall be prescribed by the Secretary of War upon hearing the allege- ,,,53;,;*3*;;::,,,e:t tions and proofs of the parties in case they shall not agree. nwmsil `° . Sec. 2. That said bridge shall he constructed as a pivot draw·brid;·e, Draw. with a. draw over the main channel of the river at. an accessible and navigable point, and with spans of not less than seventy-tive feet in length in the clear on each side of the central or pivot pier of the draw; and said spans shall not be less than ten feet above high-water mark, measuring to the lowest member of the bridge superstructure: And Pmmoi provided also, That said draw shall be opened promptly. upon reason- Opening draw. able signal, except when trains are passing over the said bridge, for the passage of the boats whose construction shall not be such as to admit of their passage under the draw of said bridge when closed; but in no case shall unnecessary delay occur in opening the said draw after the . passage of trains; and the said company or corporation shall maintain. at its own expense, from sunset to sunrise, such lights or other signals Lights. on said bridge as the Light-House Board shall prescribe. Sec. 3. That the plan and location of said bridge, with a detailed map Secretary of Wu of the sound at the proposed site of the bridge and near thereto, ex- *0 ¤PI·¤’¢>*¤ plans, liibiting the depths and currents, shall be submitted to the Secretary of °‘°· War for his approval, and until he approve the plan and location of said . bridge it shall not be built; but upon the approval of said by the Secretary of War the said company or corporation may proceed to the erection of said bridge in conformity with said approved plan; and should any change be made in the plan of said bridge cluriag the progress of Changes. the work thereon, such change shall be subject likewise to the approval of the Secretary of War. Sec. 4. That Congress reserves the right to alter, amend or repeal Right to =·m•¤¤d, this act at any time; and that if at any time navigation of the said river °"°·# '°“""°“· shall in any manner be obstructed or impaired by the said bridge, the Secretary of War shall have authority, and it shall be his duty, to require the said railroad company to alter and change the said bridge at · its own expense, in such manner as may be proper to secure free and complete navigation without. impediment; and if upon reasonable no- y.,; t,, 0],,,,,,0, tice to said railroad company to make such change or improvements navigation. the said company fails to do so, the Secretary of War shall have anthority to make the same at the expense of said company, and all the rights conferred by this not shall be forfeited ; and Congress shall have power to do any and all things necessary to secure the free navigation of the river; and if said bridge shall not be tlnished within two years from the passage of this act, the rights and privileges hereby granted shall be null and void. Approved, March 3, 1887.