Page:United States Statutes at Large Volume 32 Part 1.djvu/984

Firrr-savamn oonenass. sm. 11. cu. sm. 1903. 919 and which shall be under the conditions and limitations hereinafter specified. Sec. 2. That said bridge shall not unreasonably interfere with the Urmbsrmcred ¤¤vifree navigation of said river; and in case of any litigation arising guzliaiiiigauou. therefrom such litigation may be tried and determined by any circuit court of the United States whose jurisdiction embraces either terminus of said brid e. Sec. 3. '[`lhat the bridge herein authorized to be constructed may be 0<>¤¤*¤¤<=¤<>¤- constructed either as a drawbridge or as a high bridge with unbroken and continuous spans. If constructed of unbroken and continuous High bridcespans, then it shall not be of less elevation than fifty-two feet above t e high-water grade line for bridges as established by the Missouri River Commission. Nor shall any of the spans of said bridge over the waterway be less than four hundred feet in the clear between the piers and abutments, and the piers thereof shall be parallel with the current of the river and the bridge itself at right angles thereto as nearly as may be. If said bridge is constructec? as a drawbridge, the D’“"b'*d8°- same shall be constructed as a pivot drawbridge, with a draw over the main channel, with spans of such clear width of opening as the Secretary of War shall rescribe, and the next adjoining spans to the draw shall also be of sudh length as he shall prescribe, and said spans shall not be less than ten feet above extreme hi h—water mark, measuring from the bottom chord of said bridge; and the piers of said bridge shall be parallel with the current of the river and the bridge itself at right angles thereto as nearly as may be: Provided, That the said cor- ggyfhnvmdom poration, its successors or assigns, shall build and maintain at all times, as accessory works to said bridge, such booms, iers, dikes, guard fences, and similar devices as may be necessary, in the jud ment of the Secretary of War, to insure at all times a permanent channel for a sufficient distance above and below the bridge site, and for the guiding of rafts, steamboats, and other water craft safely through or under _ said bridge: And provided farther, That said draw shall be opened °*"’““‘g d’“'· promptly u n proper signal for the passage of boats. ` Sec. 4. 'llliht any bridge constructed un er this Act shall be a lawful ,,,,]g“p',§,€“,l,,f,Ql“°"“° structure and shall be known as a post road, and the same is hereby declared to be a post road, over which no higher charge shall be made for the transmission of mails, troo s, and munitions of war of the Government of the United States than the rate per mile charged for their transportation over the railroad or public ighways lea in to the said bridge, and eqtpal privile es in the use of said bridge shall be granted to al telegrap and telephone companies. The United States ng;$,°"“p”‘ °°°‘ shall have also the right of way over said bridge for postal—telegraph and telephone purposes. Sec. 5. That sand bridge shall be constructed to provide for the w§gjf:”;;{,*Y:gi passage of wagons and ve icles or all kinds of street railway cars and bridge. ` motors, as well as foot passengprs, and for all road travel, and all street railways desiring to use said ridge shall be entitled to equal rights *7* W 9***** *0**** and privileges in using the same and the machinery and fixtures thereto belonging, and also the approaches thereto, at reasonable compensation and rate of toll, as may be approved from time ‘to time by the Secretary T°“· of \Var, and in case of any disagreement between the owner or owners of said bridge and those desiring its use, in respect to tolls to be paid and the rules and conditions to be complied wit in using said bri ge, all matters at issue between them shall be decided by the Secretary of \Var upon a hearing of the allegations and proofs of the parties. Sec. 6. That the said railway company before entering upon the construction of such bridge shall submit to the Secretary of lVar apsgrgffxfgxgg Qzfw plans thereof, and a map of the location giving, for one mile above ` and one mile below said location, the topography of the banks of the river, the shore lines at high and low stages of water, showing also