Page:United States Statutes at Large Volume 32 Part 1.djvu/900

FIFTY-SEVENTH CONGRESS. Sess. II. Ch. 561. 1903. 835 transit of animals, and for foot passengers, for such reasonable rates '*`°“· of toll as may be iixed by said rar way company and approved by the Secretary of War. Sec. 2. That said bridge built under this Act and subject to its lim- m{;“p§s§‘;},u§§"°*“° itations 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 munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading` to the said bridge, and shall enjoy the rights and privileges of other post roads in the nited States; and equal privileges in the use of said brid e shall ,,,5,*;;°¤’°P'*· °*°·· be granted to all telegraph and telephone companies, and thegUnited States shall have the rrght of way across said bridge and its approaches for postal-telegraph purposes: Promfded, That the bridge herein gcvbalgumd vi authorized to be constructed shall be so kept and managed by the gauiiii. M ` company owning or operating it as to afford proper ways and means for the passage tl11'0\1g or under it of vessels, barges, or rafts at all times, both by day and by night; and there shall be displayed on said I-*8¤¤· M- bridge, from sunset to sunrise, such lights and signals as the Light- House Board shall prescribe. ‘ Sec. 3. That if said bridge, erected and maintained under the °‘**”¤°“- authority of this Act, shall at any time substantially or materially obstruct the free navigation of said river, or 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 such alteration 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 Lwsucinn. any obstruction or alleged obstruction to the free navigation of said river the case may be brought in the district court of the United States in the State of Arkansas for the district in which any portion of said _ obstruction or bridge may be located: P1·0/vided, That nothing in this §§,‘{§‘,;'}’,é 1,,,, ,,0, Act shall be so construed as to repeal or modify any of the provisions ¤*'F¢¤¢¢d· of law now existing in reference to the {protection of the navigation of rivers, or to exem t said bridge from the operation of the same. Sec. 4. That all) railroad companies desiring the use of the bridge p_‘;;}g__"Y °“*°' °°'”‘ constructed under this Act shall have and be entitled to equal rights Compernnrlcn. and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment of a reasonable compensation for such use; and in case the parties interested shall fail to agree upon the sum or sums to be paid and u n the rules and conditions to which each shall conform in using sai¢l’i)1ridge, all matters of issue between them shall, upon the application of either party, be determined by the district court of the United States in and for any district in which an portion of said bridge may be. Sec. 5. That the brid e authorized to be constructed under this Act apsggffgfsgg fg *° shall be built and located under and subject to such regulations for the ' security of navigation of said r·iver as the Secretary o War shall pxrescribe, and to secure that object the said company or corporation s all submit to the Secretary of War for his examination and approval a design and drawings of said bridge and a map of the location giving for the space of one mile above and one mile below the proposed location of the bridge the topography of the banks of the r·iver,·with shore lines at high and low water, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and until the said plans and location of the bridge are a proved by the Secretary of War the bridge shall not be built; and should any change be ma ein the plans of the said bridge during the process of construction or after completion, such change shall be subject to the approval of the Secretary of War, and said structure shall