The Joint Special Committee appointed to consider and report upon the subject of the navigation of Charles river, and the proposed alteration of the bridges crossing the said river within the limits of the city of Boston, in accordance with the order of the U. S. Secretary of War, beg leave to present the following REPORT. As the question of altering the bridges upon Charles river has been practically settled for the present, by the indefinite postponement of the order which emanated from the Secretary of War in 1888, the committee feel that their duties, so far as the consideration of this question is concerned, are at an end, and they also feel that its eminently satisfactory settlement in the interest of the city of Boston reflects special credit upon all our representatives who have been instrumental in bringing it about, and the city may well be congratulated upon being relieved from the obligation of making alterations upon its bridges that would involve a probable expenditure of two or three million dollars, and which, when completed, would be of very little practical benefit to the majority of its inhabitants. In presenting their final report, the committee propose to review briefly the main incidents connected with this important and somewhat noted case, and also the manner in which it was brought to the attention of the City Council. In making up such a statement, some documents will, of course, be introduced that have been published heretofore in isolated form, but their reproduction here will add to the value of the statement, for purposes of reference. In the year 1888 an act was passed by the Congress of the United States entitled "An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," which took effect August 11 of that year. This act is popularly known as the "River and Harbor Bill," and through some influences which are unknown to the committee, and which have not been made a part of their inquiry, the following somewhat remarkable sections were introduced: SECT. 9. That whenever the Secretary of War shall have good reason to believe that any railroad or other bridge now constructed, or which may hereafter be constructed, over any of the navigable waterways of the United States is an obstruction to the free navigation of such waters, by reason of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw-opening or the raftspan of such bridge, by rafts, steamboats, or other water-craft, it shall be the duty of the said Secretary to give notice to the persons or corporations owning or controlling such bridge to so alter the same as to render navigation through or under it, free, easy, and unobstructed; and, in giving such notice, he shall prescribe in each case a reasonable time in which such alteration is to be made. If, at the end of such time, the alteration has not been made, the Secretary of War shall forthwith apprise the Attorney-General of the United States, whose duty it shall be to institute suit, in the name of the United States, without delay, in the Circuit or District Court of the United States for the circuit in which such bridge is located, which court is hereby invested with jurisdiction for this purpose, to recover from the owners or managers of such bridge the fines mentioned in the succeeding sections of this act. SECT. 10. That the owner or owners, or manager or managers, of any railroad or other bridge obstructing the free navigation of any navigable water-way of the United States who shall wilfully fail or refuse to remove the same, or to cause the necessary alterations to be made in the same, so as to render navigation through or under it, free, easy, and unobstructed to rafts, steamboats, or other watercraft, after receiving notice to that effect from the Secretary of War, and within the time prescribed by him, shall be subject to a fine, as penalty therefor, of $500. per month for the time he, or they, are in default, and the amount so recovered shall be placed to the credit of the improvement fund of the water-way obstructed by such bridge. The committee do not wish to comment upon these pro visions of the act any further than to call attention to their very arbitrary character and extensive scope. It appears that soon after the passage of this bill in Congress, application was made to the Hon. William C. Endicott, Secretary of War, by a committee of citizens of Boston, representing certain shipping interests on Charles river, asking in effect that orders might be issued to the proper parties, for such alterations of the bridges crossing Charles river as might be necessary to afford "free and unobstructed passage" to vessels navigating the river. Acting upon the provisions of the "River and Harbor Bill," and presumably in response to the petition above referred to, the Secretary of War forwarded notices to all the corporations maintaining bridges upon the Charles river, in substantially the following form, which was received by Mayor Hugh O'Brien, as the chief executive of the city of Boston, Dec. 6, 1888, and transmitted by him to the City Council in a message, as follows: EXECUTIVE DEPARTMENT, "To the Honorable the City Council: "December 17, 1888. "GENTLEMEN, I respectfully submit herewith communication from the Secretary of War in relation to alterations in Charles-river and Warren bridges. To make these alterations it will cost a large sum of money, and perhaps necessitate the rebuilding of said bridges. It will be seen that new structures are contemplated, and if insisted upon will cost perhaps $2,500,000. "In conversation with engineers and others I am led to believe that the demand is arbitrary and uncalled for; that in fact no great necessity exists for such a change. "I hope that the communications will be referred to a committee to consider and report what action in the matter is necessary. "UNITED STATES ENGINEER'S OFFICE, "BOSTON, MASS., Dec. 15, 1888. "To His Honor the Mayor of the City of Boston, Mass.:— "SIR, Under instructions from the Chief of Engineers, United States Army, I have the honor, as United States Engineer Officer in local charge of improvements of rivers and harbors in this district, to place in your hands the |