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[Second indorsement.]

WAR DEPARTMENT, February 23, 1888.

The recommendation of the Chief of Engineers is approved.
By order of the Secretary of War.

JOHN TWEEDALE,

Chief Clerk,

[Third indorsement.]

WAR DEPARTMENT, March 26, 1888.

Respectfully referred to the Acting Judge-Advocate-General to pre

pare the formal approval in duplicate. By order of the Secretary of War.

JOHN TWEEDALE,

Chief Clerk.

[Fourth indorsement.]

WAR DEPARTMENT,

JUDGE-ADVOCATE-GENERAL'S OFFICE,
Washington, D. C., March 29, 1888.

Respectfully returned to the Secretary of War, with formal instrument prepared in duplicate, as directed in the preceding indorsement. Attention is invited to the fact that the copy of the act of the general assembly of the Commonwealth of Kentucky, to amend the act to incorporate the Central Railway and Bridge Company, is not attested by the signature of the secretary of state of the State of Kentucky; the Commonwealth seal is, however, affixed to the copy of the act. G. NORMAN LIEBER, Acting Judge-Advocate-General.

PROTEST OF THE OHIO RIVER COMMISSION AGAINST THE CONSTRUCTION OF A NEW BRIDGE ACROSS THE OHIO RIVER AT CINCINNATI, OHIO.

At a meeting of the Ohio River Commission held at the Arlington House, in Washington, February 14, 1888, the following resolutions were adopted, to wit:

Whereas the Ohio River Commission recognizing the great benefits that railroads are to interstate commerce, and the necessity that at times arises to construct bridges across navigable rivers for the passage of through travel and freight, offer no protest against such bridges as may be absolutely necessary; and

Whereas they are unanimous in the opinion that unnecessary obstructions to the safe navigation of the Ohio is prejudicial to the navigation interests and commercial value of the Ohio, they protest against the multiplication of bridges whose chief object is personal profit, under disguise of public good; and

Whereas it is an ascertained fact that 35 per cent. of the loss in the transportation of coal by the Ohio River is in the navigation of 500 miles of the Ohio which is obstructed by bridges from accidents resulting therefrom; and

Whereas they are informed it is proposed to construct another bridge over the Ohio at Cincinnati, for the personal investment of capital as a source of individual profit, at a distance of but 1,200 feet from the railroad bridge; and

Whereas there are now three railroad bridges on that river at the port of Cincinnati, within a distance of two-thirds of a mile, and a suspension bridge for passengers and an effective ferry within the same space: Therefore,

Resolved, That in the judgment of the Commission of the Ohio River the proposed new bridge will greatly add to the dangers of navigating the Ohio, and is not a neENG 88-156

cessity for the accommodation of the individual wants of the citzens of Cincinnati, Newport, and Covington, and the Ohio River Commission earnestly protest agamusi the construction of the said bridge.

Resolved, That the Ohio River Commission most respectfully but earnestly request the Secretary of War to scrutinize closely the purposes and the necessity for the con struction of the proposed bridge, believing, as we do, that it is not a necessity, and will largely increase the difficulties and hazards of the navigation at that point, now already obstructed by the piers and dangers of four bridges within 1 mile distance. Resolved, That the Ohio is almost the only transportation facility by which Cincin nati and other cities on the Lower Ohio and Mississippi rivers can be supplied with coal and salt at a cheap rate, it is the duty of the Government to remove instead of allowing the increase of obstacles to the safest, most commodious, and cheapest navigation of the Ohio.

Resolved, That these resolutions be presented by the president of this Commission to the Secretary of War. JOHN A. SHANK, President. A. S. BERRY, Secretary.

Countersigned:

LETTER OF THE CHIEF OF ENGINEERS.

OFFICE OF THE CHIEF OF ENGINEERS,
UNITED STATES ARMY,
Washington, D. C., March 24, 1888.

SIR: I have the honor to submit herewith the report of the Board of Engineers convened, with the sanction of the War Department, br Special Orders, No. 11, paragraph 2, Headquarters Corps of Engineers. February 25, 1888, to examine and report upon plans and location of the proposed bridge of the Central Railway and Bridge Company of Newport, Ky., across the Ohio River, between Cincinnati, Ohio, and Newport, Ky., and to invite attention thereto.

It will be seen that the Board has given the subject the full consider ation provided for by the acts of December 17, 1872, and February 14. 1883, and finds that "the requirements of the law as to length and loca tion of channel-span are complied with, in that the clear space between the channel-piers is not less than 500 feet, measured on the low-water line, and these piers are so placed that the span crosses that part of the river usually run by descending coal fleets," but that the requirements of the act of February 14, 1883, "that "the channel-span shall be at least 40 feet above local highest water measured to the lowest part of the span>" has not been literally complied with, inasmuch as "for a length of 208 feet in the middle of the channel-span the height is made 43.35 feet above the recognized highest water (64 feet on the water-works gauge), or 3.345 feet higher than required by law; but from the ends of this portion a descending grade extends towards each adjacent pier, and at the under side of each floor-beam nearest these adjacent piers the height is but 38.8 feet, or 1.2 feet less than required."

"All piers are parallel with the direction of the current at the stage most important for navigation."

it

While the Board attaches no importance to this departure from the strict requirements of the law because the minimum height is still practically greater than that at either the Newport and Cincinnati Railroad Bridge, 1,200 feet up-stream, or the suspension bridge below, recommends the approval of the plans and location of the bridge under consideration subject to such modifications as to height of channel-span as the law requires.

Since the receipt of the report of the Board, however, a communica tion dated the 24th instant has been received from the consulting en

gineer of the bridge company, written with the sanction of the presi dent of the company, requesting authority to amend the plans of the bridge so as to meet the objection of the Board and conform to the requirements of the law.

This privilege has been granted him, and he has made the required change in height of span accordingly.

No objection now is known to the approval of the plans by the Secretary of War, and it is recommended accordingly.

Very respectfully, your obedient servant,

Hon. WILLIAM C. ENDICOTT,

J. C. DUANE,

Brig. Gen., Chief of Engineers.

Secretary of War.

REPORT OF BOARD OF ENGINEERS.

CINCINNATI, OHIO, March 17, 1888. GENERAL: The Board of Engineer Officers constituted by paragraph 2, Special Orders, No. 11, Headquarters Corps of Engineers, dated February 25, 1888, "to examine and report upon plans and location of proposed bridge across the Ohio River between Cincinnati, Ohio, and Newport, Kentucky," have the honor to submit the following:

At the call of the senior member the Board met at the United States Engineer Office, custom-house, Cincinnati, Ohio, at 10 a. m., March 14, 1888, and continued in session during that and the three following days. Due public notice of the time and place of meeting was given by advertisement in the Cincinnati Enquirer, Pittsburgh Daily Dispatch, and the Charleston (W. Va.) Daily Star, and special notice by direct communication was given to those most prominently interested in the construction of the proposed bridge, as well as to those known to be opposed thereto, and particularly to such as are interested in coal transportation.

The first three days were devoted to public meetings, except the afternoon of the 14th, which was occupied in a personal examination of the proposed site of the bridge and its vicinity both from the shore and from the Newport and Cincinnati Railroad Bridge, and to a critical examination of the maps and plans transmitted for the consideration of the Board. The stage of water was about 21 feet and afforded reasonable opportunity for verifying the accuracy of the maps submitted to the Secretary of War by the bridge company.

During the public meetings of the Board the opposing parties interested were not only permitted but invited to present such facts as would be, in their estimation, of value in reaching a just conclusion. Each side called a number of experts in river navigation in the vicinity of the proposed site, who were questioned by the representative of each interest and, when necessary to a clear understanding by the Board, were further questioned by the latter. The persons having the greatest practical knowledge of the requirements for safe navigation of large coal fleets reported themselves unable to be present, and the Board was therefore deprived of the opportunity to examine them, but the statements of these experts as they were given in the case of the Cincinnati and Covington Bridge, now in course of construction, were available and were generally applicable to the case of the bridge in question.

The plans and evidence before the Board show that the requirements of the law as to length and location of channel-span are complied with,

in that the clear space between the channel-piers is not less than 500 feet, measured on the low-water line, and these piers are so placed that the span crosses that part of the river usually run by descending coal fleets. The act approved February 14, 1883, requires than the "channel span shall be at least 40 feet above local highest water, measured to the lowest part of the span." This requirement has not been literally complied with.

For a length of 208 feet in the middle of the channel-span the height is made 43.345 feet above the recognized highest water (64 feet on the water-works gauge), or 3.345 feet higher than required by law, be from the ends of this portion a descending grade extends towards each adjacent pier, and at the under side of each floor-beam nearest thes adjacent piers the height is but 38.8 feet, or 1.2 feet less than required Whilst this departure from the strict requirements of the law is a fac the Board attaches no importance to it, because the minimum heigh: named is still practically greater than that at either the Newport an Cincinnati Railroad Bridge, 1,200 feet up-stream, or the suspensio bridge, a greater distance below.

All piers are parallel with the direction of the current at the stage most important for navigation.

Although the proposed bridge, except in the single particular referre! to, complies with all the requirements of the acts of December 17, 1872 and February 14, 1883, yet its location, directly on a portion of the water front, where business is active, seems to warrant the expression of the Board's opinion that in such busy harbors as that of Cincinnati all piers in the navigable portion of the river are very objectionable, and tha the interests of navigation can only be properly subserved by bridges with considerably longer spans than are now required by law. How ever, in view of the privileges granted by existing laws, the Board would not be justified in reporting that the site of the proposed bridge is unfavorable, or in recommending other changes in the bridge or its piers than those required by the law.

The Board therefore recommend the approval of the plans and loca tion of the proposed bridge, subject to such modifications as to height of channel-span above highest water as the laws require. At the same time they beg leave to remark that, if any discretion in the matter were left to them, they would recommend that, for reasons already given. this requirement should not be insisted upon. All of which is respectfully submitted.

The CHIEF OF ENGINEERS, U. S. A.

O. M. POE,
Lieut. Col. of Engineers,
Bvt. Brig. Genl., U. S. A.
AMOS STICKNEY,
Major of Engineers.
A. MACKENZIE,
Major of Engineers.

LETTER OF CONSULTING ENGINEER OF CENTRAL BRIDGE COMPANY.

WASHINGTON, D. C., March 24, 1888.

GENERAL: Having been informed that an objection has been raised with regard to the approval of the plans submitted by the Central, Bridge Company, for its proposed bridge across the Ohio River, between Cincinnati and Newport, arising from the fact that the two floor-beams

next to the piers of the channel-span are slightly lower than required by law, I desire to ask your permission to amend the plans submitted by raising the floor-beams in question to 40 feet above high-water in order that there shall be as little delay as possible in the approval of the plans.

This modification will place every foot of the superstructure of the channel-span 40 feet or more above high water, as required by law. I would state that I am authorized by the president of the bridge company, through verbal instructions, to make this modification.

Very respectfully,

G. BOUSCAREN,

Consulting Engineer, Central Bridge Company.

Gen. J. C. DUANE,

Chief of Engineers, U. S. A.

LETTER OF THE CHIEF OF ENGINEERS.

OFFICE OF THE CHIEF OF ENGINEERS,

UNITED STATES ARMY, Washington, D. C., April 28, 1888.

SIR: The Secretary of War has, under date of the 18th of April, 18SS, approved plan and map of location submitted by the Central Railway and Bridge Company for proposed bridge between the cities of Newport, Ky., and Cincinnati, Ohio, with the understanding and agreement "that this approval is given upon the express condition that the Engineer Officer of the United States Army in charge of the district within which the bridge is to be built may supervise its construction, so far as may be necessary, in order that the plans herein approved shall be complied with and the bridge built accordingly."

Copies of tracings showing plan and location of the bridge, with copy of the approval of the Secretary attached, are sent herewith for your information and guidance.

By command of Brigadier-General Duane.

Very respectfully, your obedient servant,

Lieut. Col. WILLIAM E. MERRILL,

Corps of Engineers.

JAS. C. POST,

Major of Engineers.

W W 17.

BRIDGES OF THE GEORGIA PACIFIC RAILROAD COMPANY ACROSS THE SUNFLOWER AND YAZOO RIVERS, AUTHORIZED BY ACT OF CONGRESS APPROVED MARCH 3, 1887.

UNITED STATES ENGINEER OFFICE, Vicksburg, Miss., August 30, 1887. SIR: I have sent three tracings, marked A, B, and C, in another package, and I transmit herewith a letter marked D, from E. C. Carroll and others, all referring to a railroad bridge proposed to be built across Yazoo River, in the State of Mississippi.

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