nary report was submitted, recommending that a survey be made of the Ohio River above and below the bridge in order to ascertain what changes had taken place in the river-bed since its construction, and also that the members of the Board be authorized to visit the bridge at the next coal-boat stage of water to observe the difficulties and dangers encountered while running the bridge with tows of coal. These recommendations were approved and the survey has been made, and the members of the Board have passed through the bridge on coal tows upon three consecutive days. The tows upon which the trips were made were of the usual size run upon this portion of the river, the largest measuring about 700 feet in length and 135 feet in width. This latter was accompanied by a second steamer, which rendered assistance in running the bridge, after which it returned to Pittsburgh. The construction of a guiding-dike extending up-stream from the pier on the left of the channel-span of this bridge has been under discussion since the build ing of the bridge was first contemplated. Originally one of the conditions of the permission granted to the railroad company to place the bridge at the site selected was that a smooth guiding-dike, 300 feet long and 15 feet high, should be built up-stream from the pier mentioned inclining towards the bank. After the construction of the bridge had been commenced and the piers were in position, but before work upon the dike had been attempted, upon the earnest solicitation of the pilots, captains, and owners of the coal fleets navigating the Ohio, the conditions existing at the site were again considered. This resulted in a decision that the security of navigation required that the length of the dike be increased about 618 feet, making its total length abou 1918 feet. The railroad company, Leing notified of this decision, questiond the right of the United States to require them to build the extension at their expense, maintaining at the same time that a dike 300 feet long would be of no benefit to navigation if placed where originally located. The successive steps that were taken during the first part of this controversy are clearly set forth in a report of a Board of Engineers submitted October 25, 1883, and printed in Appendix D D of the Annual Report of the Chief of Engineers for 1884, pages 1779 to 1786, to which reference is made. This Board was directed to "give the subject full consideration, and report its views and recommendations as to the best method of arriving at a proper solution of the questions involved, with a view to avoiding litigation with the railroad company." After fully considering all the questions presented to it the Board decided that "smooth guiding-dike, 918 feet long with crest about 15 feet above low water, should be built extending up-stream from the south pier of the main channel-span to the shore at the upper extremity.” The report closes as follows: As it is inexpedient in the interests of navigation to build a guiding-dike unt means are available for giving it the full length of about 918 feet, it is recommended that the railroad company be compelled by legal process to build the whole dike, at in the opinion of the Secretary of War existing laws are sufficient for that purpose, otherwise that the subject be referred again to Congress for such action as that body may take. Acting upon the recommendation of the Board, a suit was commenced in December, 1883, in the United States district court of western Penu sylvania, by the United States Attorney-General, to compel the com pany to build the dike of the increased dimensions. This finally ter minated in favor of the railroad company, the court deciding that the act of Congress of December, 17, 1872, under which action was brought, did not authorize the Secretary of War to change the plans of the bridge and dike after they had once been approved by him. In rendering this opinion mention was made of section 8 of the act of Congress of July 5, 1884, the provisions of which the court stated were deemed sufficient, and completely cover the case of the bridge and dike in question. The section referred to is as follows: SEC. 8. That whenever the Secretary of War shall have good reason to believe that any railroad or other bridge now or hereafter to be constructed over any of the navigable waters of the United States, under authority of the United States or of any State or Territory, is an obstruction to the free navigation of such waters, by reason of difficulty in passing the draw-opening or the raft-span of said bridge, by rafts, steamboats, or other water-craft, it shall be the duty of the said Secretary, on satisfactory proof thereof, to require the company or persons owning, controling, or operating said bridge to cause such aids to the passage of said draw-opening or of said raft-span, or of both said draw-opening and raft-span, to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, piers, or other suitable and proper structures for the guiding of said rafts, steamboats, and other water-craft safely through said opening or span, or both said opening or span, as shall be specified in his order in that behalf; and on failure of the company or persons aforesaid to make and establish such additional structures within a reasonable time, the said Secretary shall proceed to cause the same to be built or made at the expense of the United States, and shall refer the matter without delay to the Attorney-General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in any circuit or district court of the United States in which such bridge, or any part thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States: Provided, That no greater sum than $15,000 shall be required to be expended upon any one bridge in a single year: Provided further, That such sum of money as may be necessary to execute the provisions of this act is hereby appropriated, out of any money in the Treasury of the United States not otherwise appropriated, to be paid on the requisition of the Secretary of War. Under this section on April 2, 1886, the Secretary of War issued an order requiring the railroad company to construct the dike of the dimensions recommended by the Board of Engineers, and mentioned in the extract taken from their report. In reply to this order Mr. D. T. Watson, general solicitor of the railroad company, addressed a communication to the Secretary of War dated August 10, 1886, a copy of which, with inclosures, is appended hereto. In this it is claimed that experience has demonstrated that the erection of any dike whatever in connection with the bridge would not only not improve navigation at this point but would actually obstruct it, and submits in proof of the statement two petitions, signed by captains and pilots of steamers upon the Upper Ohio River, dated, respectively, August 22, 1883, and July 1, 1886. At the public meeting recently held in Pittsburgh, of which men. tion has been made, the necessity and effect of the dike were fully discussed, and it developed that the pilots and captains were much divided in their opinions as to its influence, while the coal operators and owners of the coal-tows strongly favored its construction as a necessary aid to navigation at the bridge. The conditions at the bridge, as stated by the latter, are as follows: The channel span of the bridge is but 425 feet in the clear, and the width of many of the coal tows is sufficient to occupy nearly one-third of this opening in passing the bridge. In approaching the bridge with a tow they are obliged to follow the channel where the river makes an angle of nearly 90 degrees, the bend extending to within a short distance of the bridge. Where this terminates, the tow begins to feel the effect of the cross-currents from Beaver River, which enters the Ohio at this point. These vary in strength from time to time with the amount of water flowing from the river, and the effect produced by them depends upon the height of the water in the 8872 ENG 87--167 Ohio River, and the direction and strength of its currents which change with the different stages of water. The principal difficulty encountered in this locality is to get the tow into position for passing through the channel span in the short distance available after making the bend above the bridge and to allow for the drift resulting from the combination of the currents of the two rivers. In running large tows a deviation of their width to either side of the middle of the span brings them against one or the other of the piers Navigation at the bridge is also somewhat complicated by a quick turn to the right being necessary as the boats leave the channel-span. With the guiding-dike constructed as proposed they believe there would be no danger of coming in contact with the left channel pier, the one now most feared. They regard the possibility of a side blow upon the dike with little apprehension, and are of the opinion that the co struction of the dike will not materially strengthen the currents with which the empty tows passing up-stream will have to contend. In reply to the letters addressed by the Board to the Pittsburgh Coal Exchange, to the general manager of the railroad company, and to the Steam-boat Officers' Protective Association, referred to in the prelimi nary report, communications have been received containing as far as praeticable the information asked for. These are appended to the report. In the statement of the Coal Exchange, it is shown that during the past nine years the annual shipments of coal have been from 2,300,000 to 4,172,000 tons, and that the loss during this period occasioned by the bridge, so far as is shown by the incomplete records that have been kept, amounts to about $40,000. The names of several coal operators who have also sustained losses are given, the amount of which is not included in the sum mentioned. By reference to the letter of the general manager of the railroad it will be observed that there have been other losses at the bridge not mentioned by the Coal Exchange. It is also noted from these two letters, that the losses have not been confined to the years when the bridge was first built, but that they extend over the en tire period it has been in existence. It is highly probable that the amount of coal lost at this bridge would have been much greater but for the precaution that is now taken by some of the coal owners of sending a second steamer with the larger coal fleets to assist them in passing through it. The reply of the Steam-boat Officer's Protective Association contains a resolution in favor of the construction of the dike of the dimensions proposed. This association is composed largely of Ohio River steamboat captains and pilots. The resolution was almost the unanimous expression of that body, there being but three dissenting votes. The survey of the Ohio River in the vicinity of the bridge requested in the preliminary report was recently made during a low stage of water. A tracing of this is inclosed. In 1876, to comply with the act of December 17, 1872, the railroad company submitted a survey of the river showing the location of the then proposed bridge. For convenience of comparison, the soundings contained in this survey have been reduced by 10 feet the difference between the heights of the water at the times of the surveys as near as could be ascertained. A tracing of the sur vey thus reduced is also inclosed. By examining these tracings it will be seen that the latter one gives a wider channel, and the shoals generally lower than the one made at the higher stage of water. This is readily accounted for by the fact that in the Ohio River the scour upon the bottom is as a rule greater as the water falls to the level of low water than at other times. The most notable change discovered by the last survey is the formation of a bar near the left-hand channel pier of the bridge, which partly obstructs the low-water channel between the piers. It is now 4 feet above low water, and extends nearly 60 feet from the left-hand pier directly across the channel. Should this shoal continue to increase it is probable that it will become a serious obstacle to navigation. After carefully considering all the questions brought before it, together with all the information obtained, the Board is of the opinion that it is important to the interests of navigation that the dike should be constructed as designed. It is considered to be not only necessary as an aid to the coal tows passing the bridge, but also as a check to the future growth of the shoal now partly closing the water way of the channelspan, and threatening to become a material obstruction. The Board, therefore, recommends that the order of the Secretary of War issued April 2, 1886, be enforced, and that the railroad company be required to build the dike 918 feet long and 15 feet high extending upstream from the left hand channel pier. Respectfully submitted. Brig. Gen. JAMES C. DUANE, Chief of Engineers, U. S. A. WM. P. CRAIGHILL, Major of Engineers. JAS. C. POST, Major of Engineers. LETTER OF THE CHIEF OF ENGINEERS. OFFICE OF THE CHIEF OF ENGINEERS, SIR Referring to the letter of D. T. Watson, esq., general solicitor of the Pittsburgh and Lake Erie Railroad Company, dated August 10, 1886, requesting the War Department to refer the question as to the expediency of building a guiding dike 918 feet up-stream from the lefthand channel-pier of the bridge over the Ohio River, at Beaver, Pa., as directed by the order of the Secretary of War issued April 2, 1886, to a Board of Engineers; and to the report of this office indorsed thereon, dated August 17, and approved August 18, 1886, I have now the honor to submit the report of the Board appointed to consider the subject, and to invite attention thereto. The Board, as will appear from its report, has given the subject the fullest and most careful consideration, and after consultation with the commercial bodies of Pittsburgh and parties interested in the navigation of the Ohio River, and personal investigation, by passing the bridge on coal tows for three consecutive days, has reached the following conclusions: After carefully considering all the questions brought before it, together with all the information obtained, the Board is of the opinion that it is important to the interests of navigation that the dike should be constructed as designed. It is considered to be not only necessary as an aid to the coal tows passing the bridge, but also as a check to the future growth of the shoal now partly closing the water-way of the chaunel-span, and threatening to become a material obstruction. The Board therefore recommends that the order of the Secretary of War, issued April 2, 1886, be enforced, and that the railroad company be required to build the dike 918 feet long and 15 feet high, extending up-stream from the left-hand channelpier. The conclusions of the Board are concurred in by this office. In connection with the subject I beg also to invite attention to the letter of the 25th of January, from Col. W. P. Craighill, Corps of Engineers, the senior member of the Board, and to the suggestion contained therein, which is also concurred in, viz: That if the opinion of the Board be approved the dike be constructed under the supervision and to the satisfaction of the officer of the Corps of Engineers having in charge the improvement of the Ohio River near Pittsburgh, Pa., and that it be so arranged as to admit of an increase of its height by 3 or 4 feet, should such an increase be found necessary or expedient, of which, in my opinion, the probability is strong. Previous papers herewith. Very respectfully, your obedient servant, Hon. WILLIAM C. ENDICOTT, Secretary of War. J. C. DUANE, Brig. Gen., Chief of Engineers. [First indorsement.] WAR DEPARTMENT, February 9, 1887. The recommendations of the Board of Engineers are approved, and these papers are respectfully referred to the Acting Judge AdvocateGeneral for report whether it will be necessary to file a new notice with the company, containing the recommendations of the Board and Colonel Craighill. By order of the Secretary of War. JOHN TWEEDALE. Chief Clerk. [Second indorsement.] WAR DEPARTMENT, JUDGE-ADVOCATE-GENERAL'S OFFICE Respectfully returned to the Secretary of War. "The question as to the expediency of building a guiding-dike 918 feet up-stream from the left-hand channel pier of the bridge over the Ohio River at Beaver, Pa.," having, at the request of the Pittsburgh and Lake Erie Railroad Company, by its general solicitor, D. T. Watson, esq., been referred by the Secretary of War to a Board of Engineers, the question as to the necessity of a guiding dike of such dimensions has, in my opinion, been re opened. And inasmuch as the report of said Board of Engineers is adverse to the railroad company, it is believed that it will be necessary to file with the company a new notice showing the conclusions and recommendations of the Board and the adoption and approval of the same by the Secretary of War. G. NORMAN LIEBER, Acting Judge-Advocate-General. [Third indorsement.] WAR DEPARTMENT, February 17, 1887. Respectfully returned to the Chief of Engineers to draw up a form of a new notice to be served on the Pittsburgh and Lake Erie Railroad Company by the Secretary of War, in accordance with the preceding recommendation of the Acting Judge-Advocate-General. By order of the Secretary of War. JOHN TWEEDALE, |