The daily union., 1856-01-17
COURT OF CLAIAs.-oPINIoN OF JUDGE SCAR
E BURGH. HtHr

ihc iolio~ug opinion, III the case OF Gibpons ana
Shelby ~ United States, delivered by Judge Scar
burgh, Of the Court of Claims january 8, 1856
BY the act OF Congress- approved September 49, 1850,
entitled An act making appropriations for light houses,
gh-boas buoys &C. and providing for the erection and
establishment OF Che same and for other purposes it was
enacted that the following appropriations be- and the
same are hereby made and directed be paid out Of any
money IN the treasury otherwise appropriately
BILE The Secretary Of The Treasury TO carry the provisions
OF TINS act into eecto Stat at Large, Goo Amongst
the appropriations therein mentioned the following:
III Catpornia.---For lighthouse at Aleatraz island
for lighthouse at Point Conception, and togsigna
lighthouse Battery Point entrance of the bay OF
San Francisco tor lighthouse at San Diego; for light
house and ogsigna Monterey for lighthouse at the
island Of Fsraone off the barbor Of San Francisco and
fogsgna aud for tbs transportation erection and placing
the same, ninety Thousand dollars
IN Oregon For lighthouse on Cape Dsappoint-
ment a. the mouth Of the Columbia river one on an
island OF Cape Fatery at the entrance Of the straits Of
Fuca aud one at Dungenness twelve iron can-buoys
IN Columbia river and the transportation erection and
placing the same dttythree thousand one hundred and
BY similar statute with the title, approved March
3, 1851, the following appropriations were nude:
Oregon--For lighthouse and fog-signal at Umpqna,
hfteen thousand dollars for fog-signals for the light
houses at Cape disappointment Cape Fattery and New
Dungenness, three thousand dollars. 81 fag
CaiVWnsa-For lighthouse at Humboldt harb0r, iif-
teen thousand dollars Ibid, 628
On the 30,h day of April, A. d. 1862 contract was
made between the petitioners Of the FIRST part and the Sec
reiary OF the Treasury for and behalf Of the United
States OF the second II recited follows Whereas
by an act OF Congress- approved September 49, 1860 there
was appropriated for lighthouse at Alcatraz island for
lighthouse at Point Conception and fog-sgnal for 9
lighthouse at Battery Point entrance of the bay Of Ban
Francisco for lighthouse at San Diego for light
house and fog-signal at Monterey for lighhopse at
Faraiones off the harbor Of San Francisco, and fog
signal in the State Of California and for the ransporta
ton, erection and placing the same the of ninety
thousand dollars and by the act of Sd March, 1851 for
lighthouse at Humboldt harbo in said State OF Cslifor
MA the sum Of fifteen thousand dollars and by both Of
said acts for lighthouse and fogsgnal ut Cape Disap
pointmen in the Territory Of Oregon, appropriations
also made ts 80
Aad Uheus the said parties of the first part have
deraken and hereby agree and contract to erect the said
several lighthouse structures aforementioned, at the
several points already Indicated to be indicated the
sites thereof by the officers Of the Coast Survey of either
brick stone they may elect upon the plans and
cordng the printed Specifications hereto attached
cept that the best quality Of lime and sand mortar may be
substituted for cement in the be erected
at Cape Disappointment the tower to be detached from the
keepers dwelling as recommended by the report OF Lieut.
A. M Harrson and that the heaviest description OF tin
prepared and painted in the best mode be substituted for
slate in the construction Of the roofs Of the several struc
lures and to finish an complete the same on or before the
first day OF November, 1853"
Then follow covenants by the petitioners for the fitting
up Of the illuminating apparatus the particulars of which
not necessary to mention The contract contains
the following additional stpnlations:
sand il understood and agreed that the party OF the
second part to have the privilege of furnishing any
M of said Lighthouses with the French instead of the
apparatus hsSenbcoe described At the proper cost and
parties of the first part will deduct from the gross
Of this contract the cost of the lighting ap-
paratus herein stipulated be furnished by them and
is further agreed that the party Of the second part
may at his option dispense with the erection OF the
eral signals herenbeiore mentioned and that In such
event the cost Of them is to be deducted from the
amount of this contract And the sed Thomas Corwin
Secretary of the Treasury aforesaid for aud behalf of
the United States aforesaid agrees and spulates that up
the completion of the said structures according
the suboned plans and specifications th the exceptions
indicated and upon the delivery and setting up of the
lighting apparatus according the terms OF this agree
aud the inspection aud approval thereof by the col
lecor of the district in which OF said structures may
be situated other authorized agent of the Treasury De
psrment be appointed by the Secretary of the Treasury
be- the said party Of the second part viii cause to be paid
the said parties Of the FIRST part their assigns the
Of one hundred and hirysx thousand dollars And
the said party Of the second part for and behalf Of the
United States further agrees and stipuates that upon the
completion aforesaid OF each any of said
structures according TO the agreement the Of fifteen
thousand dollars TO paid for each of those the coast
Of California and tbirtyone thousand for that in 0rseon
with reservation Of ,weny per cent the Oregon light
house, unless IL be the last one completed. ss
And is further agreed between the parties TO this
that ia considerst OF the advances of
be made by the parties of the first part for the iumins
ting apparatus and other materials for the said several
light-houses TO 10 sent from Atlantic ports soon
the said illuminating apparatus, lantern fixtures, fog
sigpals oil vessels and tin shipped and insured and
the policy of insurance Is assigned and delivered
panied by duplicate OF the bill Of ading to the saidpsry
Of the second part and upon the execution and de-
livery of penal bond in the Of seveny-6ve thou
sand dollars with security to the satisfaction and ap
proval of the said party of tho second part con-
aonvd for the faithful execution Of ths contract
the of the said parties of the FIRST he the said
party Of the second part will thereupon pay and advance
the said parties OF the first part their order the
of thiryfv thousand dollars and the said party Of the
second part further agrees and spulaes that, in
other public vessel OF the United States
should be proceeding the Pacific about the
time said abovenamed Illuminating apparatus lantern x
tures signals oil vessels and tin, together with the
entire woodwork Of said several lighthouses except the
joists aud rafiers, ready for shipment the
will be taken board Of said vessel and delivered the
collector Of San Francisco free of charge the sad parties
OF the first part and In the that such weasel is
aforesaid that then and In that the said party
OF the second part will be bound otherwise transport the
said articles by other vessel vessels free OF freight San
Francisco provided heenre the wood work does
exceed thousand five hundred dola exclusive of
the freight the other articles and provided further that
in the said articles transported by the parties OF
the FIRST part, the party of the second part viii pay
therefor upon the production him Of the evidences Of
such shipment herenbefore mentioned the usual and
customary cost OF the freight thereof
aud 1t is further agreed and stipulated that the said
cred 10 the said parties Of the first part at San Francisco
but the TO remain In the possession Of the collect
until delivered at the several points where the
TO he used and which several places they TO he
transported under the authority Of said collector when
qui-ed by the said parties Of the FIRST part in
cutter Of the United States other vessel the sad parties
OF the first part being also required send herewith
said cutter competent artisan and sufficient number OF
workmen place said apparatus and fixtures without
nccessry delay In the several erected for their
cephon 1t is to be understood however that in
the said parties OF the FIRST part shn prefer TO ship the
woodwork aud other accessories any other part there
n he aarnCi n