Page:United States Statutes at Large Volume 33 Part 1.djvu/245

FIFTY-EIGHTH CONGRESS. Sess. II. Cris. 858, 859. 1904. 157 without charge therefor, telegraph or tele hone lines across said bridge, and eqhual privile es in the use of said) bridge shall be granted to all telegrap an telephone companies. Sec. 5. That the right to alter, amend, or repeal this Act is hereby ·*¤°¤d¤¤°¤=· expressly reserved. Sec. 6. That this Act shall be null and void if actual construction mfims of ¢¤¤¤¤‘¤¤- of the bridge herein authorized be not commenced within one year p. us. and completed within three years from the date hereof. Approved, April 5, 1904. GHALP. 859.-An Act To authorize the Buckhannon and Northern Railroad Com- ANU 5- 1904- pany, a corpomtion under the laws of the State of West Virginia, to build a bridge [S' 34%*] across the Monongahela River near the town of Rivesville, in the State of West Vir- [Public, No. s1.] g`1D]3.. Be it enacted by the Senate and @2tse 0 f R esentattves of the Matted States of America in Congress assembled, mt the Buckhannon and Mvulgrljznhelakiver. Northern Railroad Company, a corporation created and existing under x.?#§e,·;°R3liirZ2g the laws of the State of West Vir mia, its successors and assigns, be, Q{’§}Q.“e‘,f§,'f{;‘*g}?'§9,§°· and the same is hereby, authorized to construct, maintain, and operate° ` a railroad brid%rand a preaches thereto over the Monongahela River, in the State of est Viiginia, at a point just above the mouth of Big Pawpaw Creek, a northern tributary of the said river, and near the town of Rivesville. Said bridge shall be constructed for the passage R¤i1r<>¤<1.w¤s¤¤. of railway trains, and, at the option of the corporation for which it is °°M°°°b"dg°` built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, for reasonable Tsurates of toll; to be fixed by the said company and approved by the Secretary of War. Sec. 2. That the said bridgp to be constructed under this Act and mflspzgtggugmcwm subject to its limitations shall e a lawful structure, and shall be recog— ` nized and known as a post road, and shall enjoy the rights and privileges of other post roads in the United States; that no higher charges shall be made for the transmission over the same of the mail, troops, and munitions of war of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile for their transmission over the roads leading to said bridge; and the ,,’{;;¤¤*¤r=·*·- ¤=¤-· United States shall have the right of way across said bridge for postal K " tele ph purposes; and equa privileges in the use of said bridge shalilbe granted to all telegrap and telephone companies; that the guQ,gg'****¤°*‘¢d ¤¤*‘*· said bridge shall be constructed so that a free and unobstructed passage ' may be secured to all water craft navigating said river at the point aforesaid; and the said corporation shal maintain, at its own expense, USMS- W- from sunset to sunrise suc lights or other si nals on the said ridge _ as the Light—House Board shall prescribe: rg·om'ded, That other rail- {?fg”{,“,t’·0,m MM road companies desiring the use of said bridge and approaches shall have and be entitled to equal rights and privileges relative to the passage of trains over the same upon payment of a reasonable c0mpensa— tion for such use; and in case the owner or owners of said bridge and the several railroad companies, or any of them, desiring such use shall fail to agree u n the sum or sums to be paid or upon rules and couditions to whichoeach shall conform in using said bridge and approaches, all matters at issue between them shall be decided by the Secretary of lVar upon a hearing of the allegations and proofs of the parties. _ Y Sm, 3, That the bridge authorized to be constructed under this Act ,,,s§§,'$§“,§'§,§§_`§§{ "’ shall be built and located under and subject to such regulations for the securit of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his examination and approval, designs and