Page:United States Statutes at Large Volume 27.djvu/44

FIFTY-SECOND CONGRESS. Sess. I. Ch. 45. 1892. 17 under such reasonable rules and regulations as may be prescribed by said corporation and approved by the Secretary of War, or said bridge fw“f*H_,g$6w°€°¤ ”'“* may be constructed as a wagon and foot bridge alone. ° ` Sec. 2. That any bridge built under this act and subj act to its limita- ;m{{“,ff,§},§,§{gf°* ""* tions shall be a lawful structure, and shall be recognized and known as a post route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions ot war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to said bridge, and it shall enjoy the rights and privileges of other post roads in the United States; and an equal privilege in the use of said bridge shall be granted to all telegraph and telephone companies, and the United States shall have the right of way across said bridge and its approaches Postal telegraph for postal telegraph purposes. Sec. 3. That said bridge shall be constructed as a pontoon bridge, conmnmnn. and shall contain a drawspan giving a clear opening of not less than mnwspnn. three hundred feet in length, which drawspan shall be maintained over the main channel of the river at an accessible and navigable point, and said bridge other than the drawspan shall be at right angles to the current of the river at high water: Provided, That said draw shall be Prana;. opened promptly by said company upon reasonable signal for the pas- Opening mw. sage of boats and rafts, and said company or corporation shall maintain, at its own expense, from sunset to srmrise such lights or other Lights, sm. signals on said bridge as the Light-House Board shall prescribe. N o bridge shall be erected or maintained under the authority of this act which shall at any time unreasonably obstruct the tree navigation of iI¤<>l>¤tr¤ct¢•1 rmisaid river, and if any bridge erected under such authority shall, in the g”"°"‘ opinion of the Secretary of War, unreasonably obstruct such navigation, he is hereby authorized to cause the entire removal thereof or 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 shall be removed at the expense of the owner or owners of said bridge, and in case of any litigation arising from any obstruction or Litigationalleged 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 South Dakota in whose jurisdiction any portion of said obstruction or 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 the law now ex- Existing nm. istin g in reference to the protection of the navigation of rivers, or to exempt this bridge from the operations of the same. Sec. 4. That all railroad companies desiring the use of said bridge unn1»ynnan·nna.. shall have and be entitled to equal rights and privileges relative to the passage of railroad trains or cars over the same and over the approaches to the same upon the payment of a reasonable compensation <¤<>¤¤r··¤¤¤¤¤¤· lor 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 m,,g,.,e,,,,,,,t_ fail to agree upon the sum or sums to be paid, and upon the 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 lVar t Devggp hy Sem upon a hearing of the allegations and proofs of the parties. "Y ° "` Sec. 5. That any bridge authorized to be constructed under this act aP§,°rf,§;;’}‘m§ ‘° 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 drawing of the bridge and a map of the location, giving, for the space of one—half mile above and one-half mile below the proppsed location, the high and low water lines upon the banks of the river, the direction and strength of the currents at low and at high water, with the soundings, accurately showing the bed of the stream, vox. xxvrr--2