Page:United States Statutes at Large Volume 24.djvu/96

FORTY·N [HTH CONGRESS. Sess. I. Ch. 352. 1886. 6] 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 right angles to the current of the river, and the spans shall not be les_s than ten feet above extreme high water-mark, as understood at the point of location to the lowest part of the superstructure of said bridge: Provided also, That said draw shall be opened promptly Li..;,ts’cm_ upon reasonable signal for the passage of boats: and said company or H 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 erected or maintained under the Free navigation authority of this aet which shall at any time substantially or materially ¤0¤ fo be ¤\>¤¤r¤¤t— obstruct the free navigation of said river; and if any bridge erected °‘1· 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 eifectually 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 Litigation. alleged obstruction to the iree 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 01* bridge may be located: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of the river, or to exempt this bridge from the operation of the same. Sxcc 4. That all railroad companies desiring the use of said bridge shall Other companies have and be entitled to equal rights and privileges relative to the pas- *° h°'•'° "8h” °f sage of railway trains or cars over the same, and over the approaches W"` thereto, upon payment of an reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad com- t ?°F°§“g °fW*“ panics, or any one of them, desiring such use, shall fail to agree upon ,§w2°;S° t02g;;' the sum or sums to be paid,.a.nd upon rules and conditions to which ctc, ’ · each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon :1. hearing of the allegations and proofs of the parties: Provided, That the provisions of I’rvvi#¤· section two 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 ey said companies for the use of said bridge. Sec. 5. That any bridge authorized to be constructed under this act P1¤¤¤.¤¤<>-, to be shall be built and located under and subject to such regulations fo1·EP"°",':;."}’,X1_S°°‘ the security of navigation of said river as the Secretary of War shall my ‘ prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and :1 map of the location, giving,' for the space of one mile above and one mile below the proposed loca.- tion, the topography of the banks of the river, the shore-lines at high und 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 o full and satisfactory understanding 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 made in the plan of said bridge during the progress of com sgrpgtion, such chan ge shall be subject to the approval of the Secretary 0 ar. Sec. 6. That the rightto alter, amend, or repeal this act is hereby ex- Right to amend, pressly reserved; and the right to require any changes in said structure, ¤*¤-» ¤¢•¤¤‘¤d· or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interest requires it, is also expressly reserved. Approved, May 17, 1886.