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Payments, how Pass during twenty years after first securing the said depth Payments made.
shall be made on certified statements of an engineer-officer, who shall be detailed by the Secretary of War, and whose duty it shall be to report the depth of water and width of channel secured and maintained from time to time in said channel, together with such other information as the Secretary of War may direct. When a channel of twenty feet in depth, and of not less than two hundred feet in width, shall have been obtained by the action of said jettees and auxiliary works, fire hundred thousand dollars shall be paid ; and when a channel of twenty-two feet in depth and two hundred feet in width shall have been obtained by the action of said jettees and auxiliary works, five hundred thousand dollars shall be paid. When a channel twenty-four feet in depth, and not less than two hundred and fifty feet in widtb, shall have been obtained, there shall be paid five hundred thousand dollars; and after said depth and width shall have been maintained during twelve consecutive months, there shall be paid, there shall be paid two hundred and fifty thousand dollars with five per centum per annum interest from the date when said twenty-four feet were first obtained. When a channel twenty six feet in depth, and not less than three hundred feet in width shall be obtained, there shall be paid five hundred thousand dollars; and when a channel of said depth and width shall have been maintained for twelve months consecutively, two hundred and fifty thousand dollars shall be paid with interest at five per centum per annum from the date when said channel was first obtained.
When a channel twenty-eight feet in depth and not less than three hundred and fifty feet in width shall be obtained, there shall be paid five hundred thousand dollars; and after said depth and width shall have been maintained for twelve months consecutively, two hundred and fifty thousand dollars shall be paid with interest at six per centum per annum from the date when said twenty-eight feet were first obtained. When a channel thirty feet in depth and not less than three hundred and fifty feet in width shall be obtained, there shall be paid five hundred thousand dollars; and after such depth and width shall have been maintained for twelve months consecutively, there shall be paid five hundred thousand dollars with interest at tive per centum per annum from the date when a channel of said depth and width was first obtained ; making a total aggregate of four million two hundred and fifty thousand dollars for the aforesaid payments, the respective depths and widths of channel being measured at average flood-tide, as ascer. tained and determined by the Secretary of War. When a channel thirty feet in depth and three hundred and fifty feet in width, shall have been obtained by the effect of said jettees and auxiliary works aforesaid, the remaining one million dollars shall be deemed as having been earned by said Eads and associates; but said amount sball remain as security in the possession of the United States for the purposes hereinafter set forth, interest at five per centum per annum on the same being payable to said Eads, his assigns, and legal representatives, semi-annually, from the date when a channel of thirty feet in depth and three hundred and fifty feet in width shall have been first secured, so long as said money, or any part thereof, is held by the United States.
SEC. . That after said channel of thirty feet in depth and of not less than three hundred and fifty feet in width shall have been secured, one hundred thousand dollars per annum shall be paid in equal quarterly payments during each and every year that said channel of thirty feet in depth and three hundred and fifty feet in width shall have been maintained by said Eads and his associates by the effect of said jettees and auxiliary works aforesaid in said pass, for a period of twenty years,
dating from the date on which said channel of thirty feet in depth and Proviso.
three hundred and fifty feet in width shall be first secured : Provided, however, That no part of such annual compensation shall be paid for any period of time during which the channel of said pass shall be less than thirty feet in depth and three hundred and fifty feet in width, as hereinbefore specified.
SEC. . That the said channel of thirty feet in depth and three bun. dred and fitty feet in widtb baving been maintained for ten years, one. half of the one million dollars berein before mentioned shall be released and paid to said Eads, bis assigns, or legal representatives; and said depth and width having been maintained for ten additional year, the remaining half of the said one million dollars shall be relased and paid as aforesaid. And if any of said money shall have been paid under the provisions of this act as hereinafter provided, then the residue shall be paid at the times above stated.
SEC. . That in case said Eads and associates in order to maintain a Expenditures in channel of thirty feet in depth and three hundred and fifty feet in width, excess of annual shall deem it necessary to expend on said works, during any one or more paymer of said twenty years, any money in excess of the annual payments received by them during said year or years under this act, the Secretary of War shall, on satisfactory proof of such expenditures, authorize, as often as such extra expenditures may require the payment of the same from the said money in pledge, to said Eads or bis legal representatives. And such payments shall be made from the five hundred thousand dollars to be released at the end of ten years before any payment shall be made from the five hundred thousand dollars to be released at the end of twenty years; and if any failure to maintain said channel of thirty feet in depth and three hundred and fifty feet in width shall occur, the date for releasing the said money held in pledge shall be posponed for an equal period of time, and the compensation for maintaining said channel shall cease until said depth and width shall be again restored, the maintenance of a channel of thirty feet in depth and three hundred and fifty feet in width for twenty years, exclusive of all such periods of failure, being intended by this act. And at any time after said jettees shall have been completed, and said channel of thirty feet in depth and three hundred and fifty feet in width shall have been obtained, that the United States may elect to pay the said one million dollars, and stop the payment of said interest and said annual sum of one hundred thousand dollars for the maintenance of said depth and width, said United States shall have the right to do so on payment of said money held as security and in pledge as aforesaid, together with the iuterest and annual compensation for maintenance which may be earned at the date of such final payment; and on such payment being made by the United States the supervision and maintenance of said jettees and auxiliary works by said Eads and associates, and all liability on their part, shall cease and determine.
SEC. . That in order to facilitate the proper location of said jettees, Location of jetwhich shall not be less than seven hundred feet apart, and to correctly
tees. determine such effects as may be produced by them, the Chief of the Coast Survey shall, as soon as practicable, cause a careful topographic and hydrographic survey to be made of said pass and bar, and shall submit the same to the Secretary of War, who shall furnish to said Eads the results of any such survey. And the sum of five thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated for said survey and examination
SEC. . That any person maliciously or intentionally injuring said Maliciously, &c., works, or interfering with the construction thereof, shall be deemed injuring" guilty of a misdemeanor, and may be tried for such offense before the district court of the United States for the district wherein such offense may be committed; and, if found guilty, he shall be liable to a fine not Penalty. exceeding one thousand dollars, or to imprisonment for not more than two years, or to both fine and imprisonment as aforesaid, for each offense.
SEC. . That the said Eads and bis associates shall have the right Use of materials under such regulations as tbe Secretary of War sball prescribe, to use on public lands. any materials on the public lands of the United States that shall be suitable for, and may be needed in, the construction of said works.
SEC. . That in case of death or other disability of said Eads before Death or disathe completion of said works, the same sball be prosecuted and com. bility of con
tractor. 43–2- PUB 30
pleted by his legal representatives and his associates aforesaid, with the same powers, rights, obligations, and compensations as if done by
him in person. Secretary of War SEC. . That the Secretary of War be, and he is hereby authorized to carry into effect and directed to carry into effect the provisions of this act on behalf of provisions of act.
the United States, and, when the said Eads and his associates shall, from time to time, have fulfilled on their part the several foregoing conditions of this act, to draw his warrants upon the Treasurer of the United States iu favor of said Eads, or bis legal representatives, in payment of the aforesaid amounts as they respectively become due by tbe provis
ions of this act. And it shall be the duty of the Secretary of War to Reports. embody in his annual reports the payments made from time to time
under this act, and the probable times when other payments will become due, and to report during the construction of the works herein authorized all important facts relating to the progress of the same, the materials used, and the character and permanency with which the said jettees and auxiliary works are being constructed, to the end that the Congress of the United States may be kept fully advised as to the faithfulness and efficiency with which the said works are being executed by the said Eads and associates, it being expressly understood that while said Eads shall be entrammeled in the exercise of his judgment and skill in the location, design, and construction of said jettees and auxiliary works, the intent of this act is not simply to secure the wide and deep channel first above named, but likewise to provide for the construction of thoroughly substantial and permanent works by which said channel may be maintained for all time after their completion. And in case the Secretary of War shall be of the opinion that this work is not being constructed according to the spirit and intent of
this act, he shall report the same to the President, who shall appoint a Commission. commission, consisting of an officer of the Army, an officer of the Navy,
and a competent person from civil life, to inspect and examine the works being constructed by said Eads and his associates; and in case the said commission shall report that the works are being constructed upon a design that will not be of a substantial and permanent character when completed, all the facts in the case shall be laid before Congress at the earliest possible moment, and payments upon said works shall be sus.
pended until Congress shall otherwise order. Obligations to SEC. . That the option of discharging the obligations lierein assumed be discharged in by the United States.
in by the United States, either in money or bonds, is expressly reserved ; money or bonds.
and the Secretary of the Treasury is hereby directed to issue the bonds of the United States, bearing five per centum interest, of the character and description set out in the act entitled "An act to authorize the refunding of the public debt," approved July fourteenth, eighteen hundred and seventy, to said Eads or his legal representatives, in payment at par of the aforesaid warrants of the Secretary of War, unless the Congress of the United States shall have previously provided for the
payment of the same by the necessary appropriations of money: ProUnited States vided, That in no case shall the Government of the United States be not liable for losses, liable for any losses incurred by said Eads and his associates in the &c.
performance of the work herein mentioned, nor shall any payments thereou be made in excess of the sums nor contrary to the terms hereinbefore prescribed.
Approved, March 3, 1875.
March 3, 1875. CHAP. 135.-An act making appropriations for the support of the Military Academy
for the year ending June thirtieth, eighteen hundred and seventy-six.
Be it enacted by the Senate and House of Representatives of the United Military Acade- States of America in Congress assembled, That the following sums be, my, appropriation for vending and the same are hereby, appropriated, out of any money in the TreasJuně 30, 1876. ury not otherwise appropriated, for the support of the Military Acad
emy for the year ending June thirtieth, eighteen hundred and seventysix, pamely:
For additional pay of officers, and for pay of instructors, professors, Pay of officers, cadets, and musicians, two hundred and thirty-five thousand dollars: instructors, cadets, Provided, That the President of the United States be authorized to fill “Filling of vacan. any vacancy occurring at said academy by reason of death, or other cies. cause, of any person appointed by him.
That the assistant instructors of tactics commanding cadet companies Pay of assistant at West Point shall receive the same pay and allowances as assistant instru
Uovanees as assistant instructors of tac
tics, professors in the other branches of study.
For repairs and improvements, timber, planks, boards, joists, wall. Repairs and imstrips, laths, shingles, slate, tin, sheet-lead, nails, screws, locks, butts, provements. hinges, glass, paints, oils, turpentine, varnish, stone, brick, lime, cement, plaster, bair, drain-pipe, blasting powder, fuse, iron, steel, tools, mantels, and other similar materials, fourteen thousand and five hundred dollars; and for pay of citizen-mechanics and labor employed upon repairs and improvements that cannot be done by enlisted men, eight thousand dollars; in all, twenty-two thousand and five hundred dollars.
For fuel and apparatus, namely, coal, wood, stoves, grates, furnaces, Fuel, apparatus, ranges, fire-brick, and repairs of steam.heating apparatus, fourteen &c. thousand dollars; gas-pipes, fixtures, lamp-posts, gas-lamps, gasome. ters, retorts, and annual repairs, six hundred dollars ; fuel for cadets' mess-ball, shops, and laundry, three thousand five hundred dollars; postage and telegrams, three hundred dollars; stationery, namely, blank books, paper, envelopes, quills, steel pens, pencils, erasers, wax, ink, and mucilage, six hundred dollars; transportation of materials, discharged cadets, and ferriages, one thousand eight hundred dollars; printing.type, materials for office, diplomas for graduates, registers, and blanks, nine hundred dollars; in all, twenty-one thousand and seven hundred dollars.
For compensation to pressman and to lithographer, fifty dollars each, Pressman, lithogone hundred dollars; clerk to disbursing officer and quartermaster, one rapher, clerks, &c. thousand six hundred and fifty dollars; clerk to adjutant, one thousand five hundred dollars ; clerk to treasurer, one thousand five hundred dollars ; in all, four thousand seven hundred and fifty dollars.
For department of instruction in mathematics, namely, repairs of Mathematics. instruments, fifty dollars; text-books and stationery for use of instructors, thirty dollars; in all, eighty dollars.
For department of artillery, cavalry, and infantry tactics, namely, Tactics. tan-bark for riding-ball and gymnasium, three hundred dollars; repairing camp-stools and camp-furniture, one hundred dollars; clothes-racks for cadets' tents, two hundred dollars ; repairing gymnasium, one hundred dollars; embroidering stand of colors, for the United States Corps of Cadets, fifty dollars; furniture for office and reception-room for visitors, one hundred dollars; stationery for use of instructor and assistants, one bundred dollars; books, twenty dollars; in all, nine hundred and seventy (lollars.
For department of civil and military engineering, namely, models, Civil and milimaps, purchase and repair of instruments, text books, books of reference, tary engineering: stationery for use of instructors, and contingencies, five hundred dollars; compensation to a draughtsman, in addition to pay and extra duts pay as a soldier, one hundred dollars; engraving plates, printing and binding text-books prepared for the special instruction of the cadets, two thousand five hundred dollars: Provided, That said books shall be sold to the cadets at cost price, and the amount received therefor covered into the Treasury; in all, three thousand and one hundred dollars.
For department of chemistry, mineralogy, and geology, namely, chemi. Chemistry, &c. cals, including chemical apparatus, glass and porcelain ware, paper, wire, and sheet-metals, ores, and photographic material, six hundred and seventy-five dollars; rough specimens, files, alcohol, lamps, blowpipes, pencils, and mortars for practical instruction in mineralogy, and for gradual increase of the cabinet, six hundred and twenty-five dollars;
repairs and additions to electric, galvanic, magnetic, electro-magnetic, magneto-electric, pneumatic, and thermic apparatus, and apparatus illustrating optical properties of substances, nine hundred dollars; carpenters and metal work, and painting, including material, one hundred and fifty dollars; pay of mechanic to be employed in chemical and geological section-rooms, and in the lecture-room, one thousand and fifty dollars; models and diagrams, sixty dollars; books of reference, text-books, and stationery for instructors, and contingencies, three hun. dred and fifty dollars ; compensation to attendant, fifty dollars ; in all,
three thousand eight hundred and sixty dollars. Natural and ex. For department of natural and experimental philosophy, namely, perimental
tal philos. additions to the optical and mechanical apparatus of the laboratory, ophy.
three thousand dollars; spectroscope and photographic apparatus for the observatory, one thousand five hundred dollars; materials and repairs, four hundred dollars; compensation to mechanic, one thousand dollars; compensation to attendant, fifty dollars; in all, five thousand
nine hundred and fifty dollars. Practical engi. For department of practical military engineering, namely, mining. neering.
materials, profiling, stationery, drawing-materials, and repairs of instruments, one hundred dollars; telegraphing-material, one hundred dollars;
in all, two hundred dollars. French.
For department of French, namely, text-books and stationery for
instructors, and for examination-blanks, two hundred dollars. Spanish.
For department of Spanish, namely, text-books and stationery for use
of instructors, fifty dollars. Drawing.
For department of drawing, namely, topographical models for use of third class, one hundred and fifty dollars; models for use of second class, one hundred dollars ; tables, benches, and frames for resting models on, one hundred dollars; fifty rulers and fifty triangles, fifty dollars; colors, pencils, paper, and brushes for use of instructors, twenty dollars, in all,
four hundred and twenty dollars. Law.
For department of law, namely, stationery, text-books, and books of
reference, one hundred dollars. Ordnance and For department of ordnance and gunnery, namely, models and draw. gunnery.
ings illustrating practical working of materials employed in ordnanceconstruction, one hundred and seventy-five dollars ; instrument-house for field-service, one hundred and fifty dollars ; target-recording house, with camera and appurtenances for rifle practice, seventy-five dollars; iron targets for rifle-practice, thirty dollars; wire and electrical batteries and targets for instruments for determining initial velocity of projectiles, one hundred dollars ; text-books for use of instructors, twenty-five dollars; plane-table for determining ranges, and for instrument for measur
ing distances, forty-five dollars; in all, six hundred dollars. Board of visitors. For expenses of the board of visitors, four thousand two hundred
Miscell a neous
MISCELLANEOUS ITEMS AND INCIDENTAL EXPENSES. and incidental expenses,
For gas-coal, oil, candles, wicking, and matches for lighting the acad. emy, cadet-barracks, mess-ball, hospital, offices, stables, and sidewalks, four thousand dollars.
For water-pipes, plumbing, and repairs, two thousand dollars.
For cleaning public buildings, not quarters, five hundred and sixty dollars; brooms, brushes, tubs, pails, soap, and cloths, two hundred dol. lars; chalk, crayons, sponge, slates, and rubbers for recitation-rooms, one hundred dollars; in all, eight hundred and sixty dollars.
For compensation of chapel-organist, two hundred dollars ; compensation of librarian, one hundred and twenty dollars ; compensatiop of non-commissioned officer in charge of mechanics, fifty dollars; compensation of soldier writing in adjutant's office, fifty dollars; pay of engineer of heating and ventilating apparatus for the cadet-barracks, chapel, and philosophical academy, including the library, one thousand five hun