April 24, 1872. Time for completing the military road from Fort Wilkins to Fort Howard extended, with original rights, &c. 1863, ch. 104. Vol. xii. p. 797. 1868, ch. 54. Vol. xv. p. 67. 1870, ch. 93. Vol. xvi. p. 121. April 27, 1872. [Repealed. See Post, pp. 326, 330.] Persons bid ding for carrying mails on adver- tract for such to be affixed to each bid for car rying the mail, and to contain what. Penalty upon postmasters, &c., for signing certificate of sufficiency of guarantors before, &c., or for knowingly making a false certificate. No bidder released from his CHAP. CXIX. - An Act to extend the Time for the Completion of the military Road from Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for the construction and completion of the military road from Fort Wilkins, at Copper Harbor, in the State of Michigan, to Fort Howard, at Green Bay, in the State of Wisconsin, be, and the same is hereby, extended until the first day of January, eighteen hundred and seventy-four. SEC. 2. That all the grants, rights, and privileges contained in the original grant be continued in full force and virtue for said time. APPROVED, April 24, 1872. CHAP. CXXV.- An Act relating to Proposals and Contracts for Transportation of the Mails, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person or persons bidding for the transportation of the mails upon any route which may be advertised to be let, and receiving an award of the contract for such service, who shall wrongfully refuse or fail to enter into contract with the postmaster-general, in due form, and perform the service described in his or their bid or proposal, shall be deemed guilty of a misdemeanor, and, on conviction thereof, be punished by a fine not exceeding five thousand dollars, and by imprisonment for a term not exceeding twelve months. SEC. 2. That each bid for carrying the mail shall hereafter have affixed to it the oath of the bidder, taken before an officer qualified to administer oaths, that he has the ability pecuniarily to fulfil his obligations, and that the bid is made in good faith and with the intention to enter into contract and perform the service, in case his bid shall be accepted; and that the signatures of his guarantors are genuine, and that he believes said guarantors pecuniarily responsible for and able to pay all damages the United States shall suffer by reason of the bidder's failing to perform his obligations as such bidder. SEC. 3. That any postmaster or other officer of the Post-office Department who shall affix his signature to the certificate of sufficiency of guarantors or sureties before the guaranty or contract is signed by the guarantors or sureties, or shall knowingly make any false or illusory certificate, shall be forthwith dismissed from office and shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both. SEC. 4. That no bidder for carrying the mails shall be released from his obligation under his bid or proposal, notwithstanding an award made bid by an award to a lower bidder to a lower bidder, until a contract for the designated service shall have until, &c. been duly executed by such lower bidder and his sureties, and accepted, and the service entered upon by the contractor to the satisfaction of the postmaster-general. If any regular SEC. 5. That after any regular bidder or contractor for the transportabidder, &c., fails tion of the mail upon any route shall have failed to enter into contract, to enter into con- and commence the performance thereof as herein provided, the posttract, &c., postmaster-general to master-general shall proceed to contract with the next lowest bidder for do what. Regular contracts hereafter made may be such service, who will enter into a contract and perform the same, unless the postmaster-general shall consider such bid too high; in which case he shall re-advertise such service. And in all cases of regular contracts hereafter made, the contract may, in the discretion of the postmastercontinued for not general, be continued in force beyond its express terms for a period not over six months. exceeding six months, until a new contract with the same or other contractors shall be made by the postmaster-general. than five cent. per SEC. 6. That hereafter all bidders upon every mail route for the transannual pay exportation of the mails upon the same, where the annual compensation for routes where the the service on such route at the time exceeds the sum of five thousand ceeds $5000, to dollars, shall accompany their bids with a certified check or draft, pay- send with bid able to the order of the postmaster-general, upon some solvent national check for not less bank, which check or draft shall not be less than five per centum on the of annual pay; amount of the annual pay on said route at the time such bid is made, and in case of new service not less than five per centum of the amount of one year's pay proposed in such bid if the bid exceed five thousand dollars per annum. In case any bidder, on being awarded any such coning to perform tract, shall fail to execute the same with good and sufficient sureties, contract and failaccording to the terms on which such bid was made and accepted, and the same, to forenter upon the performance of the service to the satisfaction of the post- feit the amount, master-general, such bidder shall forfeit the amount so deposited to the United States, and the same shall forthwith be paid into the treasury for the use of the Post-office Department; but if such contract shall be duly executed and the service entered upon as aforesaid, such draft or check so deposited shall be returned to the bidder. if awarded the &c. Postmaster's bond to cover his acts. Acting post Chief clerk of SEC. 7. That in case of the sickness, or unavoidable absence from his post-office may office, of the postmaster of any money-order post-office, he may, with the money-order approval of the postmaster-general, authorize the chief clerk, or some act as postmasother clerk employed therein, to act in his place, and to discharge all the ter, if, &c. duties required by law of such postmaster: Provided, That the official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases: And provided further, That such acting officer shall, for the time being, be master to be subsubject to all the liabilities and penalties prescribed by law for the official ject to penalties, Postmastermisconduct, in like cases, of the postmaster for whom he shall act. general may acSEC. 8. That the postmaster-general, whenever he may deem it consistent with the public interest, may accept new surety upon any contract cept new sureties existing, or hereafter made, for carrying the mails, in substitution for and upon contracts, release of any existing surety. &c. &c.; order business. may place to the credit, &c.. the net proceeds SEC. 9. That the postmaster-general is hereby authorized to cause to be placed to the credit of the treasurer of the United States, for the service of the Post-office Department, the net proceeds of the money- of the moneyorder business; and that the receipts of the Post-office Department, Receipts from derived from this source, during each quarter, shall be entered by the this source, how auditor of the treasury for the Post-office Department, in the accounts to be entered. of said department, under the head of "Revenue from money-order business." APPROVED, April 27, 1872. CHAP. CXXVI. — An Act to amend the first Section of an Act entitled "An Act to provide for the Disposition of useless military Reservations," approved February twentyfourth, eighteen hundred and seventy-one. 1871, ch. 68. April 29, 1872. Vol. xvi. p. 430. Patent to issue serve of Fort Walla-Walla. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of an act for portion of the entitled "An act to provide for the disposition of useless military reser- to John C. Smith vations," approved February twenty-fourth, eighteen hundred and seventy- military hay re one, be amended by adding thereto the following proviso: "And provided further, That upon payment of the appraised value by John C. Smith, or his heirs, a patent shall be issued to said Smith, or his heirs, for so much of the military hay reserve of Fort Walla-Walla, Washington Territory, as is embraced in the north half of section twenty-six, township number eight north, of range number thirty-five east of the Willamette meridian, so soon after such payment as the said Smith shall prove to the satisfaction of the register and the receiver of the proper land-office that he was in the lawful possession of said land under the pre-emption laws of the April 30, 1872. 1852, ch. 96. Vol. x. p. 37. Certain im ported merchan dise withdrawn for exportation to certain places in Mexico, to pass through Indianola, &c. May 1, 1872. 1872, ch. 28, Ante, p. 33 St. Joseph bridge building company or its assigns may build bridge across the Missouri river at or United States at the time said land was taken by the military authorities for a hay reserve as aforesaid. APPROVED, April 29, 1872. CHAP. CXXIX. - ·An Act to amend Section second, Act of August thirtieth, eighteen hundred and fifty-two, in Relation to the Transportation and Exportation of imported Goods, Wares, and Merchandise in Bond through certain Ports in the State of Texas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section second of the act of August thirtieth, eighteen hundred and fifty-two, entitled "An act authorizing imported goods, wares, and merchandise, entered and bonded for warehousing in pursuance of law, to be exported by certain routes to ports and places in Mexico," be so amended that imported merchandise, duly entered and bonded at a port of the United States, and withdrawn from warehouse in accordance with existing law, for exportation for San Fernando, Paso del Norte, and Chihuahua, in Mexico, shall pass through Indianola, the port of entry for the district of Saluria, in the State of Texas, under such regulations as the Secretary of the Treasury shall prescribe, as well as through the port of Lavaca, in said district, as required by said section. APPROVED, April 30, 1872. CHAP. CXXX. — An Act to amend an Act entitled "An Act to authorize the Construction of a Bridge across the Missouri River at or near St. Joseph, Missouri," approved March fifth, eighteen hundred and seventy-two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the act entitled "An act to authorize the construction of a bridge across the Missouri river at or near St. Joseph, Missouri," approved March fifth, eighteen hundred and seventy-two, be, and the same is hereby, amended so as to read as follows: Section 1. That it shall be lawful for the St. Joseph Bridge Buildnear St. Joseph; ing Company, a corporation organized for that purpose under the general corporation laws of the State of Missouri, or its assigns, to construct a bridge across the Missouri river at or near St. Joseph, Missouri, and to lay on and railway tracks; over said bridge railway tracks for the more perfect connection of any and all railways that are now, or which may hereafter be, constructed to the Missouri river at or near St. Joseph, or to the river on the opposite side of the same, near St. Joseph; and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot-passengers, and to keep up, maintain, and operate said bridge for the purposes aforesaid; and that when said bridge is conall trains of all structed, all trains of all railroads terminating at said river, and on the railroads may use opposite side thereof, at or near St. Joseph, Missouri, shall be allowed to the bridge. cross said bridge for reasonable compensation, to be made to the owners of the same, under the limitations and conditions hereafter named. The owners of said bridge may also charge and receive reasonable compensation or tolls for the transit over the said bridge of all wagons, carriages, vehicles, animals, and foot-passengers. ways for foot passengers, wag ons, &c.; Tolls. St. Joseph bridge building company not to assign its charter. SEC. 2. That the fifth section of the act of which this is amendatory be, and the same is hereby, amended so as to read as follows: Section 5. That the St. Joseph Bridge Building Company, after the passage of this act, shall 1870, ch. 260. not have the right to assign the charter which said company now holds by Vol. xvi. p. 275. assignment from the St. Joseph and Denver City Railroad Company, and which was granted to said last-named company by virtue of an act of Congress, approved July fourteenth, eighteen hundred and seventy, to any other company, person, or persons; nor shall said bridge building company be permitted, under the said charter so obtained as aforesaid, from the St. Joseph and Denver City Railroad Company to construct any other bridge than the one now being constructed at St. Joseph, Missouri: Provided, however, That nothing in this section contained shall prevent the said Charter and bridge building company from mortgaging said charter and franchises held franchises may be mortgaged. by it by assignment from the said railroad company, with the bridge constructed or to be constructed thereunder, in the manner and for the purposes in and for which the said bridge building company is or may be authorized by or under the laws of the State of Missouri to mortgage its property. APPROVED, May 1, 1872. CHAP. CXXXI.— An Act repealing the Duty on Tea and Coffee. Tea and coffee import duty. Be it enacted by the Senate and House of Representatives of the United May 1, 1872. States of America in Congress assembled, That on and after the first day of July next tea and coffee shall be placed on the free list, and no further import duties shall be collected upon the same. And all tea and coffee to be free from which may be in the public stores or bonded warehouses on said first day July 1, 1872. of July shall be subject to no duty upon the entry thereof for consumption, Provision for and all tea and coffee remaining in bonded warehouses on said first day of what is in public July, upon which the duties shall have been paid, shall be entitled to a re- that day. fund of the duties paid. APPROVED, May 1, 1872. CHAP. CXXXII. — An Act supplementary to an Act entitled "An Act to incorporate the Texas Pacific Railroad Company, and to aid in the Construction of its Road, and for other Purposes," approved March third, eighteen hundred and seventy-one. stores, &c., on May 2, 1872. 1871, ch. 122. Vol. xvi. p. 573. company to have cific railroad company; Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the name, style, and title of The Texas and the Texas Pacific Railroad Company shall hereafter be "The Texas and Pacific railway Pacific Railway Company;" and the said The Texas and Pacific Railway all the rights.&c., Company shall have, possess, and enjoy all the rights, privileges, and fran- of the Texas Pachises heretofore conferred upon the said Texas Pacific Railroad Company. SEC. 2. That the said The Texas and Pacific Railway Company shall may issue conhave power and authority to issue the construction and land bonds author- struction and ized by the eleventh section of said act of incorporation, for such amounts, land bonds not exceeding, &c. not exceeding forty thousand dollars per mile of said road, of construction bonds, as said company may deem needful to provide for the construction and equipment of its line, and to include in the mortgage or mortgages to Mortgage may secure said construction bonds all or any portion of the lands granted in include what, and to be subject aid of the construction of said railroad; and in the mortgage or mortgages to what condito secure said land bonds, any portion of said lands not so used to secure tions. the construction bonds aforesaid; and all or any portion of the lands acquired by the terms of consolidation lawfully authorized by the fourth section of said act of March third, eighteen hundred and seventy-one, with any railroad company or companies to whom grants of land may have been made, or may hereafter be made, by any congressional, State, or territorial authority, or who may have purchased the same previous to any such arrangement or consolidation, and within the time limited for the completion of the road, and all such lands of every description shall be subject to all limitations and conditions now by law existing in relation thereto, and as modified by this act; and this act shall not be construed to revive, enlarge, extend, or create any land grant whatever, beyond that heretofore granted by Congress, and revived, &c., by which shall duly inure to said company upon compliance with the terms of this act in relation to the times fixed for completion of said railway, and all such mortgages shall be subject to all the conditions and limitations by law existing under this act and the acts to which it is supplementary in respect to such lands, and shall not be held to vest any title in the mortgage or create any lien on such lands, other than such company is or may become lawfully entitled to vest or create thereunder; but the amount of said land bonds shall not exceed two and a half dollars per acre for all lands covered land bonds not to exceed, &c. by the mortgage or mortgages securing the same. No land grant this act. Amount of Mortgages to be filed, &c., in the Department of the Interior, and this to be evidence of their execution. Proceeds of bonds and stock, how only to be applied. Standard of road and equipExisting liens men not affected. The iron or steel rails to be made from American ore. Construction of road to be commenced continued in what direction. and not less than 100 miles a year afterwards. Time of completion. Gauge. Road from San Diego eastward, when and how to be built. SEC. 3. That all the mortgages made and executed by said railroad company shall be filed and recorded in the Department of the Interior, which shall be a sufficient evidence of their legal execution: Provided, That the aforesaid bonds and the authorized capital stock, or the proceeds thereof, shall be applied only for the purpose of securing the construction, operation, and equipment of the contemplated railroad line, under lawful contracts with such parties, and on such terms and conditions as said company may deem needful, and for the further purpose of purchase, consolidation, completion, equipment, and operating of the other roads, as contemplated by said act and specified therein, being a part of the aforesaid railroad line, and for the expenses necessary and incident to the works authorized thereby: Provided, however, That said road and its equipment shall be of the standard heretofore required by the United States government for the existing Pacific railway lines: And provided further, That said mortgage or mortgages shall in nowise impair or affect any lien existing on the property of said company or companies at or before the time of such consolidation. SEC. 4. That said road shall be constructed of iron or steel rails manufactured from American ore, except such as may have been contracted for before consolidation by any railroad company which may be purchased by or consolidated with this company. SEC. 5. That the said Texas and Pacific Railway Company shall commence the construction of its road at or near Marshall, Texas, and prowhere, and to be ceed with its construction, under the original act and this supplement, or in pursuance of the authority derived from any consolidation as aforesaid, westerly from a point near Marshall, and towards San Diego, in the State of California, on the line authorized by the original act, and so prosecute 200 miles to be the same as to have at least one hundred consecutive miles of railroad from in running orsaid point complete and in running order within two years after the pasder in two years, sage of this act; and so continue to construct, each year thereafter, a sufficient number of miles, not less than one hundred, to secure the completion of the whole line, from the aforesaid point on the eastern boundary of the State of Texas to the bay of San Diego, in the State of California, as aforesaid, within ten years after the passage of this act; and said road from Marshall, Texas, throughout the length thereof, shall be of uniform gauge: Provided, however, That the said company shall commence the construction of said road from San Diego eastward within one year from the passage of this act, and construct not less than ten miles before the expiration of the second year, and, after the second year, not less than twenty-five miles per annum in continuous line thereafter between San Diego and the Colorado river until the junction is formed with the line from the east at the latter point or east thereof; and upon failure to so complete it, Congress may adopt such measures as it may deem necessary and proper to secure its speedy completion; and it shall also be lawful for said company to commence and prosecute the construction of its line from any other point or points on its line; but nothing in this act contained shall be so construed as to authorize the grant of any additional lands or subsidy, of any nature or kind whatsoever, on the part of the government of the United States: Provided, That said Texas and Pacific Railway Company shall be, and it is hereby, authorized and required to construct, maintain, control, and operate a road between Marshall, Texas, and Shreveport, Louisiana, or control and operate any existing road between said points, of the same gauge as the said Texas and Pacific railroad; and that all roads terminating at Shreveport shall have the right to make the same running connections, and shall be entitled to the same privileges, for the transaction of business in connection with the said Texas and Pacific railway, as are granted to roads intersecting therewith: Provided further, That nothing herein shall be construed as changing the terminus of said Texas and Pacific railway from Marshall as provided in the original act. Road between Marshall and Shreveport, &c. |