It is now asked by the petitioners that these portions of the line be taken into consideration by the Board.

The Board thinks that it is unfortunate that any harbor lines should have been drawn around the Lower (or Stratford Avenue) Bridge, east of the draw, which authorized the contraction of the already small harbor space on either side of the bridge at that point, and while it is impracticable at this time to correct the evil, that the new line should be so drawn as to prevent future encroachments.

The part of the harbor between the Lower Bridge and the point of the Farist Steel Company's property, about 16 acres, is very much crowded by oyster vessels and other small craft which use it as a harbor of safety and obstruct the main channel. As a remedy for this condition of affairs, it has been proposed to push the harbor line below the bridge on the east side to the eastward, thereby increasing the capacity of the harbor. There appears to be no objection to this, except the opposition of certain riparian owners. The Board would therefore recommend that the line of 1886 be adopted as a pierhead and bulkhead line, with the following changes, viz:

On the east side: The line extending southward from the foot of Howe street to be prolonged in a straight line to meet the causeway of the Lower Bridge; thence to follow westward, southward, and eastward along the outside of said causeway to a point on the south side of the causeway 200 feet distant from its western end; thence to extend southwardly in a straight line a distance of about 720 feet, meeting the harbor line of 1886 at a point 340 feet north of the Farist Steel Company's wharf; thence to follow the lines of 1886 to Long Island Sound. On the west side: The line of 1886, extending southwestwardly from the Naugatuck Railroad Wharf, to be prolonged 290 feet; thence to extend southwardly 1,750 feet to a point 230 feet from the east end of the north side of the slip, foot of Henry street; thence to extend eastsoutheastwardly 390 feet to a point 25 feet distant from the northwest extremity of "the tongue;" thence to extend in a course toward a point 50 feet northwest from the inner beacon, until it meets the harbor line of 1886; thence to follow said harbor line of 1886 to Long Island Sound. The legal question presented to the Board at the public hearing held by direction of the Secretary of War at Bridgeport, July 14, 1891, involves the line on the east side of the harbor below the lower bridge, including its circumscribing lines and the site of the steel works.

The point raised by the opposition is that the Government can not establish harbor lines on this front, modifying those of 1886, without giving compensation to the riparian owners for all the land under water so taken. The Board would, in this connection remark that all the land in question is covered by water at high tide to a depth of 6 feet and

over.

The Board is not competent to express an opinion upon the legal question which has been raised, and therefore submits without comment the inclosed papers marked A, B, C, D, E, F, which bear upon this part of the subject.

There are forwarded herewith two tracings,* one showing the harbor lines recommended and the other (explanatory) showing the changes from the line of 1886, also the following-named documents:*

Petition, April 16, 1891.

Letter of Col. D. C. Houston, June 19, 1891.

Protest, Farist, Joel, et al., marked A (blue).

Copy of opinion in case of Farist Steel Company vs. City of Bridgeport. marked B (blue).

*Not printed.

Copy section 38 of the charter of the city of Bridgeport, marked C (blue.)
Brief of remonstrants, marked D (blue).

Brief of petitioners, marked E (blue).

Letter from Morris W. Seymour, Howard H. Knapp, and A. M. Tallmadge, attorneys for remonstrants, marked F (blue).

Petition of John Jandy et al.

Respectfully submitted.

Brig. Gen. THOMAS L. CASEY,
Chief of Engineers, U. S. A.

Captain, Corps of Engineers.

[First indorsement.]

OFFICE CHIEF OF ENGINEERS, U. S. ARMY,
January 6, 1892.

Respectfully submitted to the Secretary of War.

It having been made manifest to the Secretary of War that the es tablishment of harbor lines is essential to the preservation and protection of the harbor at Bridgeport, Conn., a board of engineers was constituted by special orders from Headquarters Corps of Engineers, to consider and report upon this subject; and the report of the board recommends for approval of the Secretary of War the harbor and dock lines described in the within report and delineated upon the accompanying chart.

A protest having been made against the establishment of harbor lines in this locality by the Secretary of War, and particularly against the establishment of any line other than the one already established by the city of Bridgeport, the Secretary of War authorized that a hearing be given the protesting parties, which hearing was held July 14, 1891, before the board of engineers constituted to report upon the subject of the harbor lines in question. The board reports itself as not competent to express an opinion upon the legal question which has been raised, and therefore submits without comment the inclosed papers marked A-F, which bear upon this part of the subject.

It is recommended that the lines selected by the board be approved, and that the Secretary place his approval both upon the report and the tracing submitted, which shows these harbor lines.

THOS. LINCOLN CASEY, Brig. Gen., Chief of Engineers.

[Second indorsement.]

WAR DEPARTMENT,

JUDGE-ADVOCATE-GENERAL'S OFFICE,

Washington, D. C., February 26, 1892.

Respectfully returned to the Secretary of War, with report of this

office inclosed.

[Third indorsement.]

WAR DEPARTMENT, March 9, 1892.

Respectfully returned to the Chief of Engineers, inviting attention to the inclosed report of the Acting Judge-Advocate-General. By order of the Secretary of War.

JOHN TWEEDALE,

Chief Clerk.

[Fourth indorsement.]

OFFICE CHIEF OF ENGINEERS,

U.S. ARMY,

March 11, 1892.

Respectfully returned to the Secretary of War.

The opinion of the Acting Judge-Advocate-General, dated the 25th ultimo, has been carefully noted.

The recommendation in first indorsement that the harbor lines proposed by the board be approved is renewed.

H. M. ADAMS,

Major, Corps of Engineers, in charge.

[Fifth indorsement.]

WAR DEPARTMENT, March 3, 1893.

In view of the report of the Acting Judge-Advocate-General, no action will be taken in the matter of the establishment of harbor lines at Bridgeport, Conn.

[Sixth indorsement.]

S. B. ELKINS,

Secretary of War.

WAR DEPARTMENT, July 1, 1893.

Respectfully returned to the Chief of Engineers.

Inasmuch as no action has been taken in the matter of the establishment of harbor lines at Bridgeport, Conn., and inasmuch as it is now apparent that some action ought to be taken in the matter, it is decided to approve of the harbor lines recommended by the board appointed to examine into and consider the matter, which board consisted of Col. Houston, Lieut. Col. Gillespie, and Capt. Casey, all of the Corps of Engineers, and whose report thereon is dated January 4, 1892. And the harbor line at Bridgeport, Conn., is approved and established as recommended by said board and by the Chief of Engineers.

L. A. GRANT, Acting Secretary of War.

APPENDIX E.

IMPROVEMENT OF HUDSON RIVER AND NEW YORK HARBOR AND OF RIVERS AND HARBORS IN THEIR VICINITY, NEW YORK AND NEW JERSEY.

REPORT OF LIEUT. COL. G. L. GILLESPIE, CORPS OF ENGINEERS, OFFICER IN CHARGE, FOR THE FISCAL YEAR ENDING JUNE 30, 1893, WITH OTHER DOCUMENTS RELATING TO THE WORKS.

ENGINEER OFFICE, U. S. ARMY,
New York, N. Y., July 8, 1893.

GENERAL: I have the honor to transmit herewith annual reports for the fiscal year ending June 30, 1893, upon the works of river and har bor improvement under my charge.

Very respectfully, your obedient servant,

G. L. GILLESPIE, Lieut. Col., Corps of Engineers.

Brig. Gen. THOMAS L. CASEY,

Chief of Engineers, U. S. A.