APPENDIX Z Z.

OCCUPANCY OF AND INJURY TO PUBLIC WORKS BY CORPORATIONS AND INDIVIDUALS.

[Reported under section 2, river and harbor act of 1884, and section 4, river and harbor act of 1886.]

(1.) REPORT OF CAPTAIN THOS. L. CASEY, CORPS OF ENGINEERS.

UNITED STATES ENGINEER OFFICE,

New York, August 23, 1892.

GENERAL: I have the honor to transmit herewith a report on "occupation or injury to piers," etc., to accompany my annual report for the fiscal year ending June 30, 1892.

Very respectfully, your obedient servant,

THOS. L. CASEY, Captain, Corps of Engineers.

Brig. Gen. THOMAS L. CASEY,

Chief of Engineers, Ú. S. A.

DIKES.

SOUTH RIVER, NEW JERSEY.

The Sayre and Fisher Company and William F. Fisher have occupied portions of dikes in the canal for several years. They have brickyards in the rear of the dikes; have filled in out to them, using the dikes as a bulkhead and landing for loading and unloading cargoes. No damage or injury has been done the dikes as yet. Sayre and Fisher applied for a permit to make this use of the dike in 1888, but owing to a dispute as to title to the land none was granted.

3311

CANARSIE BAY, NEW YORK.

In 1882 a permit was given one B. B. Remsen to construct a frame building on the end of the north dike, he agreeing to protect the dike from trespassing fishermen.

PASSAIC RIVER, NEW JERSEY.

The Jersey City, Newark and Western Railroad Company, through their contractors, Messrs. B. M. & J. F. Shanley, are working an injury to the dike in Newark Bay, in violation of section 9 of the river and harbor act of September 19, 1890, as mentioned in my annual report. They have made a solid fill along their grant of land under water from the United States dike marking the outer line of solid fill to the shore. This embankment, together with the dike, formed an inclosed basin of several acres. This basin must fill and empty through and over the dike and was rapidly undermining the structure. To protect it from destruction, dredged material from the Passaic River was employed to throw up an embankment inside the dike throughout its length. The inclosed water broke through, however, and the gap has recently been closed at additional expense. (See Annual Report Passaic River, page 873.)

The basin receives the drainage from a large area, several creeks in the salt meadow emptying into it. To maintain a draw along the dike will involve continual expense for care and labor. Any outlet made along the face must be badly located with respect to the important channels of the bay and certain to work injury to them.

The only proper location for tide gates or an open sluiceway is on the lower side through this railroad embankment, and should have been provided for in its construction.

(2.) REPORT OF COLONEL WM. P. CRAIGHILL, CORPS OF ENGINEERS.

UNITED STATES ENGINEER OFFICE,
BALTIMORE, MD., July 5, 1892.

GENERAL: In compliance with the requirements of General Orders 6 and 7, series of 1887, and 9 of 1888, from Headquarters, Corps of Engineers, I have the honor to report, concerning the rivers and harbors in my charge, that no additional information on the subject of those orders has been received by me since the last annual report with the following exceptions:

The honorable Secretary of War directed, in April, 1892, that report should be made to the United States district attorney of West Virginia (in compliance with section 11 of the act of September 19, 1890) of the injury done September 10, 1890, to Dam 5, Great Kanawha River, by certain coal boats which broke loose in the pool of No. 5 from the works of the Peel Splint Coal Company. This direction of the Secretary of War was at once carried out.

In reference to the tie-hoists at Point Pleasant, on the Great Kanawha River (Report of Chief of Engineers for 1891, page 3866), the indictment found in the United States court against the Kanawha and Michigan Railroad for filling up the river along the shore in operating these hoists is still pending. Mr. S. C. Burdett, assistant United

States attorney, states that the case will probably come up for trial at the next term of the court.

No action has been taken by the court (except to bring the indictments found last year) against the coal operators on account of their coal tipple and breakwaters under the court's interpretation of section 7 of the act of September 19, 1890 (Report of Chief of Engineers for 1891, page 3867). As tipples and cribs are absolutely necessary in shipping coal and coke by river, these indictments unfortunately included all of the Great Kanawha operators who ship that way. In reference to these indictments, Mr. S. C. Burdett, assistant United States attorney, states that they

have not been pressed to trial, chiefly for the following reasons:

First. To await adjudication of preliminary motions in similar cases at other courts in the district.

Second. A number of cases have been held up, that application may be made by the owners to the Secretary of War for approval and authorization, under the provisions of section 7, of structures, some of which seem to be of public utility, but the continuance of which are technical violations of the law.

Several indictments were found previous to June 30, 1891, on complaints made by my direction against sawmill operators for throwing refuse in the river or placing it where it would be carried into the river in violation of section 6 of the act of September 19, 1890. In some or all of these cases small fines have been imposed, mainly on pleas of guilty. The court imposed small fines "because of the fact that the public generally was not familiar with the statute." The effect of this sixth section of the act has been excellent. The sawmills on the Great Kanawha and principal tributaries have stopped throwing edgings and sawdust in the river. Most of the large mills burn the refuse.

At the movable dams, particularly at No. 6, where so much trouble was experienced with sawmill refuse, no difficulty worthy of mention has been had from this during the year.

Relative to the Elk River, the following is the situation concerning the bridges, dams, and booms previously reported on.

No action has yet been taken on the indictments found last year against various parties owning small cribs, sheer booms, etc., in the Elk River, under the court's construction of section 7 of the act of September 19, 1890. Mr. S. C. Burdett, assistant United States attorney, states that the prosecution of these cases has been delayed for the same reasons that action against the owners of the coal tipples, etc., on the Great Kanawha has been postponed.

The United States district attorney, Mr. George C. Sturgiss, was furnished last winter with a list and description of the old milldams, the names of the owners, and a list of witnesses. Mr. Sturgiss stated in May that proceedings would be instituted against the owners of two of the worst of the dams, as trial cases, at the next term of the court. The court is now in session at Parkersburg, and it may be the proposed action has already been brought.

In regard to the Elk Island Boom at Sutton, the district attorney was notified last April of the complaints made about it by the lumber and sawmill men operating below Sutton. So far as known, no action has yet been instituted by the United States against the boom company. The boom is still seriously complained of by the lumber and sawinill men in the lower part of the valley-principally by sawmill operators at Charleston-on account of the enforced detention of their logs there. The litigation referred to last year between the Elk Island

Boom Company and the Elk Boom Company of Charleston is still unsettled, though no further action has been taken in it during the year. Very respectfully, your obedient servant,

WM. P. CRAIGHILL,

Colonel, Corps of Engineers, U. S. A.

Brig. Gen. THOMAS L. CASEY,

Chief of Engineers, U. S. A.

(3.) REPORT OF MAJOR CHAS. E. L. B. DAVIS, CORPS OF ENGINEERS. UNITED STATES ENGINEER OFFICE,

Washington, D. C., August 12, 1892.

GENERAL: In accordance with General Orders No. 6, Headquarters, Corps of Engineers, Washington, June 1, 1887, and General Orders No. 9 from the same headquarters, dated June 26, 1888, I have the honor to submit the following report upon the occupancy of and injury to public works by corporations and individuals:

OCCUPANCY OF THE POTOMAC FLATS BELONGING TO THE IMPROVEMENT OF THE POTOMAC RIVER, AT WASHINGTON, DISTRICT OF COLUMBIA.

Certain parties have been in the habit of using a portion of the land filled in by the Government near the foot of Seventeenth street NW., for the purpose of carrying on a traffic in building sand. The sand is brought in scows through the sewer canal across the flats and piled up on the land above described and thence removed by carts to various points of delivery in the city. The names of the parties so offending are: Henry Lyles, Henry S. McGlue, Louis M. Goodrick, Valentine Ruebsam, and John B. Lord, all residents of Washington. In addition, the last-named person, John B. Lord, builds barges, scows, etc., on the banks of the small tidal reservoir on the flats, hauling his materials for building the same through the large and small tidal reservoirs and their connecting channels.

As all this is in direct violation of section 9 of the river and harbor act of September 19, 1890, a report in accordance with section 11 of the same act, giving the information to the United States district attorney, was made July 18, 1892.

Very respectfully, your obedient servant,

CHAS. E. L. B. DAVIS,
Major, Corps of Engineers.

(4.) REPORT OF MAJOR WILLIAM LUDLOW, CORPS OF ENGINEERS.

UNITED STATES ENGINEER OFFICE, Detroit, Mich., July 1, 1892. GENERAL: In conformity with the requirements of General Orders No. 9, of June 26, 1888, I beg to report the following cases of injury to harbor works:

August 10, 1891, the steamer Petoskey entered the harbor of Frank