Page:United States Statutes at Large Volume 25.djvu/929

884 FIFTIETH CONGRESS. Sess. II. Cas. 401, 402. 1889. may be located: And provided further, That nothing in this act shall be construed as to repeal or modify any of the provisions of law now Existing uws existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the samei Provided, W¤e<>¤ Mid f¤<>¢ That said com any may construct a wagon and foot br1dge alone, bum "'°""°"‘ and in case of the construction of a wagon and foot bridge alone the draws shall be of the same length herein provided, and shall be of such construction as shall be approved by the Secretarg of War, and shall be subject to all the provisions herein contame in respect to being promptly qpened to admit of the unobstructed navigation of said river, and o keeping the same lighted as herein provided in case of railroad and wagon bridge; an in such case the provisions herein in relation to use for railroad purposes shall not applg. Usebymummwm- Sec. 4. That all railroad companies desiring the use of said bridge mm shall have and be entitled to equal rights an privileges relative to the passage of railroad trains or cars over the same, and and over the ¤¤¤¤v¤¤¤•¤¤¤· 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 mmm by seem- matters at issue between them shall be decided by the Secretary of °"·' °t W"' War upon a hearing of the allegations and proofs of the parties. seumlzgwuw Sec. 5. That any bridge authorized to be constructed under this A'""" °°°‘ 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 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 the space of one-half mile below the proposed location, the topography of the banks of the river, the shoreines at high and low water, the direction and strength of the currents at al stages, and the soundin , accurately showing the bed of the stream, the location of any odller bridge or bridges, and shall furnish such other information as may be required for a 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 construction, such change , shall be sulbgect to the approva of the Secretary of War. xm¤umm,m. Sec. 6. at the right to alter, amend, or repeal this act is hereby expressly reserved. And the right to require any changes in said structure, or its entire removal, at the expense of the owners thereof, whenever the Secretary of War shall decide that the public interest reguires it, is also expresslp reserved. commpnsemmmi Ec. 7. That this act shall be null and void if actual construction °°“’*’“"‘°‘” of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, March 2, 1889. ¤;mhg,;gg_ 402.-Au act to amend an act entitled "An act to authorize the Fort I?` ?§’t‘£€ 3T;‘.LZl$°*»?§Zi(?J‘l.€§$f*K`£°§.£i¥£°‘2i'}iT£Z.¤“»}’"“·"" “°'°““ “‘° P°‘°““ R‘“"’ Be it enacted by the Senate and House of Re resentatives of the m§*;g8I;j,§pq:_f¤w¤¤¤ United States of America in Congress assembled, That an act entitled 4»:¢,p.1sa. "An act to authorize the Fort Smith and Choctaw Bridge Company to construct a bridge across the Poteau River, in the Choctaw Nation, 1532.:3 Fort Smith, Arkansas," approved June eighteenth, eighteen hun- _ _ _ “ and eighty-eight, be amended as follows: g_·{'f:d¤°**°¤ ¤¤ W- _ That the district court of the United States for the western district of Arkansas, or such other court of the United States as may