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Synopsis of applications for authority to mine, with action taken thereon-Continued.

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a Supplemental application.

Dr. J. P. Welch

J. P. West

Feather. .do

Log and brush dam. Brush dam

64,500 June 1 May 26

June 28, 1897.

b Authorization of proposed impounding works disapproved May 3, 1897.

e Permit refused.

APPENDIX B.

CHAPTER CXIII.

AN ACT to amend an act entitled "An act to provide for the appointment, duties, and compensation of a Débris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March 24, 1893.

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section one of the act entitled "An act to provide for the appointment, duties, and compensation of a Débris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March twenty-fourth, one thousand eight hundred and ninety-three, is hereby amended so as to read as follows:

"SECTION 1. The Governor of the State of California shall, on or before the first day of January, one thousand eight hundred and ninety-eight, appoint a competent civil engineer, for a period of four years only, to be known as and called the Débris Commissioner: Provided, however, That the Débris Commissioner heretofore appointed under the act entitled 'An act to provide for the appointment, duties, and compensation of a Débris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner,' approved March twenty-fourth, eighteen hundred and ninety-three, shall continue to perform the duties and receive the compensation of that office, subject to the provisions of this act, until the expiration of the term for which he was appointed and until the appointment and qualification of the Débris Commissioner provided for by this act.” SEC. 2. Section two of said act is hereby amended so as to read as follows: "SECTION 2. Said commissioner shall receive a compensation of ten dollars per day while actually engaged in the discharge of his duties, and his necessary traveling expenses, to be allowed by the State Board of Examiners."

SEC. 3. Section three of said act is hereby amended so as to read as follows: "SECTION 3. It shall be the duty of the said Débris Commissioner to consult and advise with the members of the corps of engineers of the United States Army comprising the California Débris Commission (created by act of Congress approved March first, eighteen hundred and ninety-three), in relation to the construction of works for the restraining and impounding of débris resulting from mining operations, natural erosion, or other causes; and it shall be his duty to examine such works, and to report the result of such examination to the State Board of Examiners. Said Débris Commissioner is further authorized and directed to consult and advise with said 'California Débris Commission' in relation to any and all plans and specifications that may have been or may hereafter be prepared or adopted by said ‘California Débris Commission for the construction of such restraining or impounding works, and said Débris Commissioner shall submit a copy of all such plans and specifications to the State Board of Examiners for their examination and consideration, together with his approval or disapproval thereof, or other recommendation with reference thereto.

"The State Board of Examiners shall thereupon proceed to examine and consider the plans and specifications thus submitted to them, and in that behalf may require the attendance, counsel, and advice of said Débris Commissioner during their examination and consideration thereof. The State Board of Examiners shall keep a record of their deliberations, and shall either approve or disapprove said plans and specifications, which approval or disapproval may be by a majority vote of said board: Prorided, That no plans and specifications involving an expenditure on the part of the State of California of a sum greater than the appropriation herein made shall be approved.

If said plans and specifications be approved by the State board of examiners, the said Débris Commissioner shall thereupon report such action to said 'California Débris Commission.'

"Whenever said 'California Débris Commission' or the Government of the United States shall have entered into any contract for the construction of works for the purposes described in this act, in pursuance of plans and specifications that have been theretofore approved by the State board of examiners as in this act provided, it shall then be the duty of the Débris Commissioner to carefully inspect such works during the process of their construction, and to keep a record of the result of such inspection, and to report the same monthly to the State board of examiners. Said Débris Commissioner shall also, from time to time, during the process of the construction of such works, when requested so to do by the said California Débris Commission,' draw his warrants upon the State controller in favor of such person or persons as may be designated by said 'California Débris Commission' for such amounts as shall equal one-half of the cost of the construction of said works; and said Débris Commissioner shall, in like manner, and when requested so to do by said

'California Débris Commission,' draw his warrant upon the State controller for an amount equal to one-half the purchase price of any site or sites necessary for the construction of said works: Provided, That the purchase of such site or sites shall have been first approved by the State board of examiners: And provided further, That no warrant shall be drawn in excess of the amount appropriated by this act.' SEC. 4. Section four of said act is hereby amended so as to read as follows: "SECTION 4. There is hereby appropriated, out of the general fund of the treasury of this State not otherwise appropriated, the sum of two hundred and fifty thousand dollars, to be used in the construction of works for the restraining and impounding of débris resulting from mining operations, natural erosion, or other causes, and for the purpose of sites therefor. The appropriation made by this section is intended as a reappropriation of the sum of two hundred and fifty thousand dollars appropriated by the act entitled 'An act to provide for the appointment, duties, and compensation of a Débris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such Commissioner,' approved March twenty-fourth, eighteen hundred and ninety-three; and it is expressly intended and provided by this act that the State of California shall in no event incur any liability hereunder beyond the amount of the appropriation herein made; and no contractor, claimant, or person shall acquire any right or obligation against the State of California beyond said sum so appropriated and set apart for the purposes hereinabove set forth; and it is expressly declared that any claim or demand against the State of California in excess of said appropriation shall be invalid and void. Said moneys shall be paid only upon orders drawn by the State controller upon the written request of said Débris Commissioner, as in the act provided.

SEC. 5. Section seven of said act is hereby amended so as to read as follows: "SECTION 7. All expenditures authorized by the provisions of this act shall be subject to the approval of the State board of examiners; and the State controller is hereby authorized to draw his warrant for all expenditures not in excess of the appropriation herein provided for so approved by the State board of examiners, and the State treasurer is hereby directed to pay the same."

SEC. 6. This act shall take effect immediately.
SEC. 7. This act shall take effect immediately.
Approved, March 17, 1897.

APPENDIX Y Y.

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.]

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(1) REPORT OF LIEUT. COL. CHAS. J. ALLEN, CORPS OF ENGINEERS.

UNITED STATES ENGINEER OFFICE,

Washington, D. C., July 20, 1897.

GENERAL: In accordance with General Orders No. 6, June 1, 1887, and General Orders No. 9, June 26, 1888, Headquarters Corps of Engineers, Washington, I have the honor to submit the following report of all cases in which piers, breakwaters, locks, and dams, or other structures or works built or made by the United States in aid of commerce or navigation in this district, are used, occupied, or injured by a corporation or an individual, and the extent and mode of such use, occupation, or injury.

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

Under date of January 28, 1897, the unauthorized use and occupa tion by certain persons of portions of the Potomac Flats was again reported to the United States attorney for the District of Columbia, in accordance with the provisions of section 11 of the river and harbor act of September 19, 1890. One of the parties so reported, a firm of lumber dealers, was given until July 1, 1897, to vacate the grounds occupied by them.

*

No other occupation, or use of, or injury to works built in this district in aid of commerce or navigation has been reported to this office since the date of the last report upon the subject. Very respectfully, your obedient servant,

Brig. Gen. JOHN M. WILSON,

CHAS. J. ALLEN,

Lieut. Col., Corps of Engineers.

Chief of Engineers, U. S. A.

(2) REPORT OF MAJ. J. H. WILLARD, CORPS OF ENGINEERS.

UNITED STATES ENGINEER OFFICE,

Vicksburg, Miss., July 1, 1897.

GENERAL: In compliance with requirements of General Orders No. 9, Headquarters Corps of Engineers, series of 1888, I have the honor to report the following information obtained since my report for the fiscal year ending June 30, 1896, concerning the occupation of, trespass, or injury to public works in my charge, viz:

Under date of January 16, 1897, the Board of Trade of Vicksburg, Miss., reported that officers and agents of local packets and other steamboats coming to the city wharf complained of obstructions at mouth of Vicksburg harbor, consisting of shanty boats and other small water craft moored at that locality, which interrupted and made navigation dangerous, stating that they were informed the jurisdiction of the city did not cover the case, and asking action by United States authorities. In accordance with section 11 of river and harbor act of September 19, 1890, on February 10, 1897, I sent copy of this complaint to Mr. R. C. Lee, United States attorney for southern district of Mississippi, at Madison Station, Miss. *

* *

By letter to the Secretary of War dated April 9, 1897, W. H. Wall made complaint that navigation of Bayou D'Arbonne, La., was obstructed by raftsmen tying lines across that stream catching floating timber, and thereby delaying the passage of steamboats. In accordance with your directions of April 24, 1897, by indorsement upon this letter, the matter was investigated by me; the information obtained was sent Mr. J. Ward Gurley, jr., United States attorney for eastern district of Louisiana, at New Orleans, La., May 5, 1897, and copies were sent you with my indorsement of same date upon original complaint. Under date of May 8, 1897, the papers were acknowledged by the district attorney, who stated that the matter would receive prompt attention.

Very respectfully, your obedient servant,

Brig. Gen. JOHN M. WILSON,

Chief of Engineers, U. S. A.

J. H. WILLARD, Major, Corps of Engineers.

(3) REPORT OF CAPT. DAN C. KINGMAN, CORPS OF ENGINEERS.

[For letter of transmittal, see Appendix B B.]

No case of unlawful occupancy of public works has occurred in this district during the past year, and only trifling injuries have been done by individuals.

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