Page:United States Statutes at Large Volume 31.djvu/1508

]456 FIFTY-SIXTH CONGRESS. Sess. II. CHS. 878, 879. 1901. §§$Q§$"§i,€n ,0 pm Indians _ in Minnesota: Provided, That said river after being so Sage of amber. improved shall be 0 en at all times to the free passa e of all timber cut from said Grand) Portage Indian Reservation, and to the passage _ of all other timber for a reasonable charge therefor: Provided jiirt/ner., F‘Sh‘””"S· That suitable fishways shall be constructed and maintained by said company, to be approved by the United States Fish Commission. Approved, March 3, 1901. ‘ Mama 3,1901. CHAP. 879.- -An Act To authorize the Portland, N ehalem and Tillamook Railway `”—‘°"?`—“ Company to construct a bridge across Nehalem Bay and River, in the State of Oregon. _ Be it enacted by the Senate and House of R resentatives of the Cbzited w%°’,}l;}{;‘;30§gh§Q§g{ Statesof America in Congress assembled, Telijat the Portland, Nehalem way may bridggi Ne- and Tillamook Railway Company, a corporation created and existing léilgn EWG WL under the laws of Oregon, its successors and assigns, be, and is hereby, ‘ authorized to construct and maintain a bridge and ap roaches thereto across the upper ortion of Nehalem Bay, or across tbe main channel of, or the North gork of, the Nehalem River, to the opposite shore of said bay or rivers, in the county of Tillamook and State of Oregon: _{ggg=:h Provided, That a location is found within or near Nehalem Bay suit- ` able to the interests of navigation and satisfactory to the Secretary of Transit etc- War. Said bridge will be constructed where necessary for the crossin of said bay and rivers with said railway company’s railway at sucg points as may be selected by the said railway company, and subject to the approval of the Secretar of War, and shall be so constructed as to provide for the passage ofy railroad trains, and, at the option of said rai way company by which it may be built, may be used for the passage ·' of wagons and vehicles of all kinds, for the transit of animals and foot passengers, for such reasonable rates of toll as may be fixed by the said railway company and ap(proved by the Secretary of War. _ anléawvfglsrgtucture Sec. 2. That any bri ge built under this Act, and subject to its PO m °' limitations, shall be a lawful structure, and shall beirecognized and known as a post route, and shall enjoy- the same rights and privileges ___;g=1;s]§=;g>1¤. Mc-. as other post roads in the United States; and equal privileges in the ' Puse of sa1d bridge shall be granted to all telegraph and telep one companies; and the United States shall have the right of way across said bridge and its approaches for postal-telegraph and telephone purposes: ggggfgof mlmds Provided, That a l railway companies desiring the use of said brid e muse. shall have and be entitled to equal rights and privileges relative to tlie passage of cars over the same and the approaches thereto upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and several companies, or any one of them, desiring such use shall fail to agree uplon the sum or sums to be paid and upon the rules and conditions to w ich each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties. l Aidste ¤¤*‘*S€~*i·>¤· ..~· - Sec. 3. That the bridge across said Nehalem Bay or the main or North Fork of N ehalem River shall be so constructed, whether by draw, slpan, or otherwise, that a free and unobstructed passage may be secure to all vessels and other water craft navigating said bay or 1'lVB1‘S, and be built under and subject to such regulations for the security of the navigation of the said bay or rivers over which they may be built apS§‘jj§g*;,>ggf‘V*’ *0 as the Secretary of War may prescribe; and to secure that object the 4 said company or corporation s all submit to the Secretary of \Var, for his examination and approval, designs and drawings of the bridge and