The Albany register. [volume] (Albany, Or.) 1868-18??, 1871-04-22
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amount so deposited to the United
States, for the use of the Post Office
Department otherwise, such drat or
check, SO deposited, shall be returned
to the bidder, to whom it belongs
SEC. S. That it shall be unlawful fo-
the Newport and Cincinnati Bridge
Company, or any other company, or
person, to proceed in .he erection of the
bridge now being constructed over the
Lhio river from the city of Cincinnati,
Ohio, to the city of Fewport, Kentucky,
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 a clear headway, at low water, OF |
one hundred feet below any point of |
said channel span, and in such case no |
draw shall be required in said bridge !; |
all other spans of said bridge, which |
cover the Ohio river, to low-water mark |
shall have a clear headway 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 less elevation than seventy feet above
low water mark, to ACCOMMODATE
regular grade for the approaches to
said bridge. And when the foregoing
requirements shalt have been complied
with by the said Newport aud Cincin-
matt Bridge Conway, the location of
said bridge, its structcres, and appro-
aches, shall thereupon be deemed to be
legalized, and declared to be lawful
structures, and shall be recognized and
known as post route. The plans for
changes in such bridge, made necessary
by this act, shall be submitted by said
company to the Secretary of War for
his approval. Aud, in the event of the
Bridge Company making the changes
provided for in this act, it shall be law
full for the said company, after they
shall have made the changes a 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 tor
the southern district of Ohio, aud full
jurisdiction is hereby conferred upon
said court to determine first, whether
the bridge, according to the plans on
which it has progressed at the passage
of this act, has been constructed so as
substantially to comply with the pro-
visions OF law relating thereto; and !,
second, the liability of the United States
if any there be, to the said company by
reason of the changes by this act re-
ouired to be made; and if the said court
is SO liable, and that said bridge was so
being built, then the sourt shall further
ascertain and determine the amount OF
the actual and necessary cost and ex-
penditures reasonably required to be
incurred in making the changes in the
said bridge and its approaches as here
by authorized or required, in excess oi
the cost of building said bridge and ap-
proaches, according to the plan propo-
sed, befors the changes required by this
act to be made. And the said court i:
hereby further authorized and required
to proceed therein to hpal decree as il
other cases in equity. And it shall b'
lawful for either party to the said sui
to appeal from the final decree of tn,
said circuit court, to the Supreme Cour
of the United States as in other cases
and the Supreme Conrt shall thereupor
proceed to hear aud determine the sait
case and make final decree therein
and thereupon, if such decree shall b.
in favor of said company, the Secretar,
of the Treasury of the United State
shall, out of any moneys in the treasur.
not otherwise appropriad, pay to th
said company such sum of money a
shall by the said Supreme Court be 81
decreed to be paid to the said company
Provided. neuerfheiess, That no none,
shall be paid by the Secretary of th
Treasury to the said company until tn
Supreme Court of the United States
upon appeal taken as aforesaid, shal
render final decree in the case in favo
of said company.
Approved, March 3, 1871.