Chapter 1814. To provide for the construction of a light-house and fog signal at Diamond Shoal, on the coast of North Carolina, at Cape Hatteras
1,282 words·~6 min read·
/statutes-at-large/vol-33/chapter-1814-2759718·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 1814.— An Act To provide for the construction of a light-house and fog signal at Diamond Shoal, on the coast of North Carolina, at Cape Hatteras. April 28, 1904.[[H. R. 7624](/us/bill/33/hr/7624).][[Public, No. 246](/us/pl/33/246).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That Albert E. Eells of Boston,Diamond Shoal, Cape Hatteras.Construction of lighthouse and fog signal at, by Albert F. Eells. Massachusetts, be and be is hereby, authorized, with such others as may be associated with him, to construct, in the manner and on the conditions herein specified, a substantial and sufficient light-house and fog signal of the latest and most improved construction, together with*Post*, p. 1266. such auxiliary works of the most modern character and such as will be necessary to maintain the same permanently, at the outer side of the outer Diamond Shoal, on the coast of North Carolina, at Cape Hatteras.
That the construction of said proposed light-house and fog signalCommencement of construction. shall be in good faith commenced within twelve months from the date of the approval of this Act. That the said light-house and fog signal shall be constructed andDepth of water. placed where the water is at least thirty feet in depth, mean high tide. That the construction of the superstructure or tower of said lighthouseTower. or fog signal above the line thirty feet above high-watermark shall conform to the specifications contained in the letter from D.
W.Specifications. Lockwood, lieutenant-colonel, Corps of Engineers, United States Army, secretary of the Light-House Board of the Department of 562Commerce and Labor, to the Chairman of the Committee on Interstate and Foreign Commerce of the House of Representatives, dated February Exception.third, nineteen hundred and four, except ns to the brick lining specified, and in lieu thereof the floors shall be supported by metal framework designed by said Eells, and further, except as herein modified.
Changes.Any changes or modification in design or construction, which may hereafter appear to be necessary by cither the Light-House Board or the said Eells, may be made by consent of both parties. Height of lightThat there shall be erected above said structure, as aforesaid, a circular steel tower or mast of sufficient diameter to contain a spiral stair-way, which shall extend a sufficient height so that the light to he placed thereon shall be at least two hundred feet above mean high tide, all to be substantially and securely constructed and braced.
Plans.That the said Eells shall make his own plans for the construction below the line thirty feet above high water mark herein provided for. Secretary of Commerce and Labor to approve plans, etc.That detailed drawings and specifications of that part of the structure above a line thirty feet above mean high water and including the lantern, watch room, and service room, which must conform to the standards required in the Light-House Service, shall be submitted by the said Eells to the Secretary of Commerce and Labor for approval in advance of construction.
That the plans and specifications of that part of the structure from the base of the foundation up to a line thirty feet above mean high water shall be furnished to the Secretary of Commerce, and Labor for the purpose of determining the stability of the completed structure. Lens, etc.That the lens and equipment for said light, light-house, and fog signal shall be furnished by the United States under the direction of the Secretary of Commerce and Labor, upon demand, in New York, without expense to said Eells or his associates, when the said structure shall be sufficiently completed to permit of their installation.
The said Eells or his associates shall transport the above to the site of the light-house and install same under the direction of the Secretary of Commerce and Labor. Selection of site.That the Secretary of Commerce and Labor shall designate a suit-able place for the site of the said proposed light-house, and fog signal within sixty days after written request therefor from the said Kells or Inspection during construction.his associates. During the progress of the construction of said light-house the same will be inspected under the direction of the Secretary of Commerce and Labor, who will pass upon all materials and workmanship. and any part of cither which is not in accordance with the usual specifications of the Light-House Board must be satisfactorily Expense of inspection.replaced by the said Eells or his associates, the expense of inspection to be paid from the general appropriations for the Light-House Service, The said Fells or his associates shall furnish suitable, quarters and board for the inspector designated by the Secretary of Commerce and Labor when employed at the site of the light-house.
Cost of lens, etc.That the cost of the lens and equipment of the said light, light-house, and fog signal shall Repaid for from appropriations to be hereafter made for that purpose by Congress. Light, etc.That the Secretary of Commerce and Labor shall prescribe the color or colors of which the outer part of said structure shall be painted, and the class or kind of light and the manner in which the same shall be Probation term.exhibited. That when the said light-house shall be placed in position, in accordance with the conditions herein specified and ready to be lighted, that the said Eells and his associates are hereby authorized and required to maintain the said structure and operate the said light station in accordance with the regulations of the Light-House Board for a period of one year, and at the cost and expense of said Eells and his Delivery to United States.associates and successors.
That at the expiration of said period of one 563year, the said light station shall he delivered to the United States and snail be placed tinder the control of the Light-House Board, who shall be required, under the direction of the Secretary of Commerce and Labor, to maintain and operate the said light station in accordance with such regulations as may be prescribed by said Board and at the expense of the United States for a period of four years. That at thePayment. expiration of five years after the date when the said light station shall have been completed and lighted, and which period shall embrace the one year during which the said light station shall have been maintained by said Eells, if the said light-house structure shall be in a substantial and secure condition and in all respects sufficient for the purpose of a light-house at the place where located, and such fact shall be so certified by the Secretary of Commerce and Labor, then and in such event the said Albeit F, Eells or his assigns or legal representatives shall be authorized to demand from the United State-the sum of five hundred and ninety thousand dollars: *Provided,* That if*Provisos*.No pay in case of nonfulfillment of contract, etc. the said Eells and his associates shall fail to construct the said light-house in accordance with the terms hereof, or shall fail to maintain and operate the same for one year, or if at the end of said five years the said structure shall not he in a substantial and satisfactory condition as hereinbefore provided, then and in such event neither the said Eells or his associates or their heirs or personal representatives or successors shall be entitled to demand or receive from the United States any compensation whatever in whole or in part by reason of any act or acts done in pursuance hereof: *Provided further, *That ifNot to be used unless accepted. the said light-house shall not be accepted that the same shall not be used by the United States.
Approved, April 28, 1904.