New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-19

much thereof as may be necessary, De, and
the same are hereby, appropriated for the
wear ending June thirty, eighteen hundred
and seventy-two, out of any money in the
treasury not otherwise appropriated,
namely: ...t.t .......=..,..
For steamship service between San Fran
cisco, Japan, and China, five hundred thou
sand dollars. ...-
For steamship service between the United
States and Brazil, one hundred and fifty
thousand dollars. -s~+s
For steamship service between San Fran
cisco and the Sandwich Islands, seventy
five thousand dollars.
SEC. 3. That if the revenues of the Post
office Department shall be insufficient to
meet the appropriations made by this act;
then the sum of three million nine hundred
and sixty-nine thousand three hundred and
eighty-three dollars, or SO much thereof as
may be necessary, be, and the same is here
by, appropriated, to be paid out OF any
money in the treasury not otherwise appro-
priated, to supply deficiencies in the rev.
enue of the Postofhce Department for the
year ending June thirty, eighteen hundred
and seventy-two.
SEC. A. That all bidders, upon every mail
route for the transportation of mails upon
the same, shall hereafter accompany their
bids (where they exceed five thousand dol
lars) with certified check or draft, paya-
BILE to the order of the Postmaster General,
of some reliable banking house or banking
institution, which check or draft shall not
be less than five per centum on the amount
that they would receive in any one year
under such bid. In case any bidder, on be-
ing awarded any such contract, shall fail to
enter into good and sufficient bonds to faith
fully carry out such contract, such bidder or
bidders shall forfeit the amount so deposited
to the United States, for the use of the Post
office Department: otherwise, such draft or
check, so deposited, shall be returned to the
bidder to whom it belongs.
Sec. 5. That it shall be unlawful for the New
port and Cincinnati Bridge Company, or any
other company, or person, to proceed IN the
erection of the bridge now being constructed
over the Ohio river from the city OF ClncIn-
natl Ohio, to the city of Newport, Ken
lucky. and the approaches thereto, unless
the said bridge shall be so constructed that
the channel span of four hundred feet, as
now located, shall have under said span
clear Roadway, at low water, of one hun
bred feet below any point of said channel
quired in said bridge; all the other spans OF
said bridge, which cover the Ohio river, to
low water mark, shall have a clear head
way of not less than seventy feet above
low water mark, and the other spans OF the
said bridge, extending to each shore, may
be made of lesss elevation than seyentyfeet
above low water mark, to accommodate
regular grade for the approaches to said
bridge. And when the foregoing require
ments shall have been complied with by the
said Newport and Cincinnati Bridge Com
pany, the location of said bridge, its struc-
lures and approaches, shall thereupon he
deemed to be LOCALIZED, and declared to.
be lawful structures and shall be recog-
nized and known as post route. Inc
plans for changes in such bridge, made ne
cessary by this act, shall be submitted by
said company to the Secretary OF War Tor
his approval. And, in the event OF the
Bridge Company making the changes pro
vided for in this act, it shall be lawful for
the said company, after they shall have
made the changes in said bridge, and the
approaches thereto, as herein provided, to
file their bill in equity against the United
States in the circuit court OF the United
States for the southern district of Ohio, and
full jurisdiction is hereby conferred upon
said court to determine: first, whether the
bridge, according to the plans on which 1t
has progressed at the passage of this act,
has been constructed so as substantially to
comply with the provisions of law relating
thereto: and, second. the liability of the
United States, if any tn T; be, to the said
company by reason of the changes by this
act required to be made; and if the said
court shall determine that the United
States is so liable and that said bridge was
so being built, then the said court shall
further ascertain and determine the amount
of the actual and necessary cost and ex-
penditures reasonably required to be in
Cured in making the changes in the
said bridge and its approaches. as
hereby authorized or required, in
excess of the cost of building said bridge
and approaches, according To the plan pro
posed, before the changes required by this
act to be made. And the said court is here
by further authorized and required to pro-
ceed therein to final decree as in other cases
in equity. And it shall be lawful for either
party to the said suit to appeal from the
final decree of the said circuit court to the
Supreme Court of the United States, as in
other cases, and the Supreme Court shall
thereupOn proceed to hear and determine
the said case and make a final decree there
in, and thereupon, if such decree shall be in
favor Of said company, the Secretary of the
Treasury of the United States SHALL out of
any moneys in the treasury not otherwise
appropriated, pay to the said company such
sum of money as shall by the said Supreme
Court be so decreed to be paid to the said
company; provided, nevertheless, that DO
money shall be paid by the Secretary of the
Treasury to the said company until the Su-
preme Court of the United States. upon APP
peal taken as aforesaid, shall render final
decree in the case in favor of said company.
Approved March 3, 1871.