The daily union., 1856-01-17

the oss and rafters but for all aud every material
ped by your petitioners for California; aud designed for
use in the construction Of said lighthouses They flT-
tber aege hat said goods transported at the
pense OF the n the barque Oroo 70 San Fran
cisco and there delivered to the collector OF customs Of
that port These allegations 1T the present stage Of this
cause must be taken TO be true
BY the act of fCongcss approved August als A. 1852,
with the title the first above mentioned, APP
proved September 28h, A. d. 1885, the following appro-
palion was made "For the completion Of ighhouses in
California and Oregon one hundred and twenty thousand
dollars "--l0 Stat ut Large ll8.
On the eighth day Of February, A. D. eighteen hundred
and hft-three charter party entered into between
the petitioners of the barque Oroe Of the frat
and Beverly Sanders collector ofthe port San Francisco
acting behalf Of the United Satc the
second part 1t contains the following stipulaons That
the said parties Of the first part for and 10 consideration Of
the covenants and agreements hereinafter mentioned TO
be kept and performed by the said party Of the second
part do covenant and agree on the eghng md charter
ing Of the said vessel to the said party or the second part
for the conveyance OF materials for lighthouses to Nom
terey, Point Conception San Diego, the Faralones Hum
bold bay the mouth Of Columbia river and such other
points may be designated by the said party OF The
ond part by the duly authorized agent Of tho United
States government ON the terms folowng--that 10 70
First The parties of the first part do engage that the
said vessel In and during the time she shall be thus
ployed shall be kept tight staunch well fitted tackled
and provided with every requisite and with and pro-
visions necessary for such service
Second The said parties OF the first part do engage
further to convey and provision such agents Of the
mcnt and such artisans and operatives may be
ry to be transported with the materials for the purpose of
erecting the lighthouses to be constructed.
Third The said parties Of the first part do engage fur
ber to take and board said vessel during the
continuance of this charter all such materials may be
shipped BY the party of the second part or tho
thorized agents Of the United States government.
Fourth The said parties of the fret part do engage
further land and deliver the materials operatives and
artisans aforesaid at the points which may be seeced as
the sites for the lighthouses BY the duyauhorized agents
of the United States government. gAg
Fifth. The said parties Of the first part do engage fur
ber that this charter party Is to continue until the whole
of the materials transported to the sites where the
lighthouses to be erected and is terminate
all the materials delivered in pursuance Of Its
quremens; Progidd howeuu That this charter shall be
approved by the Secretary of the Treasury; and II it
shall be approved by the said Secretary then 1t shall
and terminate day when notice of the disap
prova Of the said Secretary shall be received by the said
partcs of the first part either OF the such day
the said Secretary sa designate after the receipt Of the
notice by the parties Of the first part.
And the said party OF the second part behalf Of the
United States government for and in consideration of the
and to be kept and performed by the
said parties Of the first part does covenant and agree with
the said parties Of the first part to charter and hire the
said vessel aforesaid and to pay to the said parties OF
the first part their agents for tho charter or freight of
the said vessel during the time the said vessel may be
gagged under this charter the sum Of three thousand dol
lars for each aud every month"; payable monthly at the end
Of each and month 1t being and agreed
upon that this charter shall commence from the day Of the
date hereof
Before this charter party was made the petitioners per-
formed their the transportation for the two
lighthouses Battery Point and Alcatraz island" After
wards they proceeded under The charter party and per-
formed the transportation for the lighthouses at Monterey
and Faralones and the way TO Caps Disappointment
said vessel wrecked and the materials board being
principally those Of four light houses totally Lost
In the early part OF the first session of the
Congress the petitioners presented memorial to the Senate
Of the United States 1t referred to the COMMITTEES of
Claims who made report They also submitted an est.
necessary meet their claims the Secretary Of the
Treasury who communicated II to Congress- and by the
act OF the 4th Of August A D. 1854 the following appro
made. .TOr cOmDetinu the ljQbt-hOuee0
the Of California and Oregon the Of $59434
Prordd That II shall be the duty Of the Secretary Of the
Trensury to pay the contractors for building the light
house on Point Iona San Diego what the
10 reasonably WORTH The thus appropriated the
exact amount Of the estimate submitted by the petitioners
Of due Gibbons and Kelly for AgAAo1se arScure
transportation, c in California and Oregon; and It con-
taned, amongst others the following items a) Loss OF
aterals assigned TO government by wreck Of barque
OroIe, slo5sss (b "Pad eighteen hands for fifty days
time board passage back San Francisco occasoned BY
loss of bsrque Orole, 1890" - II t.sliz -
On the 10th day OF January, A. D. 1885, the Senate
adopted the following resolution y 80
Rssored That the Secretary Of the Treasury furnish
the Senate with all the original papers, including the re-
claim of Gibbons and Kelly, the contractors for building
the lighthouses In Oregon and California for the balance
which they state is due them and that he also report to
the Senate the amount he has paid said contractors out of
The appropriation OF S59434 made at the last session of
Congress pay said claim and how much Of said spp
priaion remains unexpended lts4 ssNs
Inc pcutones cam tnat inc lhiteu otaes are apie 70
them
l. For the value of the goods lost in the Orole and
H. For the consequential damages claimed by them In
their estimate aforementioned @a
The petition embraces other items but the argument
which has been submitted related chiefly to these two We
deem IL necessary only TO consider the former.
l. Are then, the United States liable TO the petitioners
for the value Of the goods lost in the Oriole2
This question involves the necessity Of determining the
proper construction as well of the original contract as Of
the charter party tEHa
We will first consider the original contract Appropris
ons had been made by acts Of Congress- have
for the erection Of several lighthouses in California and
Oregon and the object OF this contract carry those
acts into execution The petitioners undertook TO
the ghthouses but the work be done before the
materials actually put into the several structures
part by the petitioners II deemed expedent TINT
the necessary materials should be procured in the At
lanc States transported thence San Francisco and
there delivered The collector of that port The duty OF
procuring the materials and shipping them under
taken by the petitioners payment In advance was to
he made by the United States the petitioners for the n-
mnatng apparatus and other materials for the light
the contract upon this point m that in consideration
Of the advances of money be made By the parties Of tho
frat part for the illuminating apparatus and other ma
,crias the said several lighthouses to he sent from At
lantc ports, that" &c Ths payment in advance
be made the Illuminating apparatus lantern fir
lures euas oil vcsscs and tins should be shipped
and insured and the policy Of insurance. accompanied by
the United States and upon the execution and delivery
of the bond required by the Acr the delv
cry materials the collector OF the Of San Fran
CISCO tbey remain ia bis possession until the pc
TONERS should require them be transported the
places where they to be used when they TO be