Page:United States Statutes at Large Volume 26.djvu/752

FIFTY-FIRST CONGRESS. Sess. ll. Ch. 33. 1890. 699 Light-House Board shall prescribe: Provided also, That said bridge, nooioo. at the option of the said city of Albany, may be used for the passage opaomu mn or-e-oo of wagons or vehicles of all kinds, for the transit of animals and foot b"“g°· passengers for such reasonable rate of toll as may be approved from time to time by the Secretary of War, but the same may, at the option of the city of Albany, be a free bridge for the passage of vehicles and foot passengers thereon. SEO. 3. That the bridge authorized to be constructed under this Lawmismmcturoaou act shall be a lawful structure, and shall be recognized and known "’“'"'°““’· as a post-route, and shall enjoy the rights and privileges of other post-roads in the United States, and no higher charge shall be made or the transmission over the same of the mails, troops, or munitions of war of the United States or for other passengers or freight mmm oimgoo. passing over said bridge than the rate per mile paid or trans ortation over any railroad leading to said bridge. And the United States shall have the right of way for a postal telegraph across said bridge 1’¤¤¤¤¤¢¤1¤:¤¤1>1¤- and its approaches. ' Said bri ge shall be built and located under and subject to such regulations for the security of navigation on navigable rivers as the sooumy or mmgo- Secretary of War shall prescribe. To secure that object the said °l°”‘ city of Albany shall submit to the Secretary of War, for his exam- Secmmzlpg worm ination and approval, a design and drawing of such bridge, and a “l’P"°"°¥’ ·“"°· map of the location, giving, for the space of one mile above and one mile below the location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed and channel of the stream, and the location of any other bridge or bridges, and shall furnish such other information as may be required or a full and satisfactory understanding of the subject. And until the saidisplans and location of the bridge are approved by the ° Secretary of ar the bridge shall not be built, and any change made 4;;,,,,8,,;,,,,;,.., in the plans of such bridge during the grogress of the work thereon shall be subject to the approval o the ecretary of War. Sec. 4. That such alterations or changes as may be required by stmcturu oranges. the Secretary of War or Conglress in the bridge constructed under the provisions of this act sha be made by the said city of Albany at its own expense, and at any time after the completion of suc bridge the said city of Albany may. at its option, surrender and etgvtgwanl ¤r%¤;a·. transfer to the counties of Linn and Benton, in the State of Ore on, m.‘;,,,u,,¤'£,§'{c_ ' said brid e and the entire control and management thereof, in which event and in case of the acceptance thereof by said counties they shall thereafter be subject to all the obligations and conditions imposed upon the city of Albany by the provisions of this act. Sec. 5. That said city of Albany, or any county or counties, cor- nutonavrgmon. ration, or rsons owning, controllmg, or operating the bridge hiiilt under th); authority of this act sh build and maintain at all times as accessory wor s to said bridge such booms, piers, dikes, guard-fences, and similar devices as may be necessary to insure at all times a rmanent channel for a sufficient distance above and below the bridgae site, and for guiding of rafts, steam-boats, and other water-craft safely under or through said bridge, as may be prescribed by the Secretary of War. Sec. 6. That in case the bridge authorized by this act shall be con- Usobymumadcon structed to provide for the passage of railroa trains, then all rail- ¥’““*°“· road companies desiringl the use of the bridge shall have and be entitled to equal rights an privilegles relative to the passage of railway trains or cars over the same, an over the approaches thereto, upon the payment of a reasonable compensation for such use; and in case Terms. the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use fail to agree upon the sum or sums to be paid, and upon ru es and conditions to which each shall conform in using said bridge, all matters at issue between them