There appears to be misapprehension as to the effect of running har bor lines across land not covered by water. Owing to irregularities in the shores of rivers and harbors lines have frequently been established by the Secretary of War across points of land. The object of this is to prevent structures or deposits in water exterior to the lines. The mere laying out of these lines does not compel the removal of private property, which can only be done with the consent of the owner or by condemnation proceedings and compensation, as provided in the acts of Congress appropriating money for the improvement of harbors and rivers. The location of harbor lines in the Jersey Flats across the channel excavated by Mr. Packard, and the filling which he has made on the sides of the channel, does not affect any of his property rights, nor was there any intention to do so. In reference to establishing lines in the Packard channel and basins, the Board sees no necessity therefor. In its report dated January 20, 1890, the Board stated that, in recommending harbor lines, it Has considered that while no solid filling could be made outside of such lines when approved and established by the Secretary of War, the determination of the kind and extent of filling, excavations, and structures inside those lines should be left to the riparian owners under regulation by local authority, whether of State, county, city, or town. Mr. Packard, can, therefore, so far as the United States is concerned, make such improvements as he desires inside of the bulkhead line, and he is more free to do so than if hampered by harbor lines definitely located. The Board did not recommend the establishment of any lines inside of the Atlantic and Erie basins in Brooklyn, as appears from the report of the Board dated February 18, 1890 (Report of the Chief of Engineers for 1890, page 810), which contains the following resolution: Resolved, That the present legal pier and bulkhead lines between Broadway Ferry, Brooklyn, and the northern boundary of the Government land at Fort Hamilton be recommended for approval, except that the pier and bulkhead lines exterior to the Erie Basin be made coincident with the present bulkhead line there. The Board simply confirmed the legal lines already established by the State of New York. except in the case of the Erie Basin, where a wall had been built exterior to those lines. The outer line of this wall was recommended as the pier and bulkhead line. The Board recommended in its report of June 9, 1891, that no structures be allowed to be built between the recommended pier-head and bulkhead lines until after the plans for the same have been approved by the Secretary of War. Should the report of the Board be approved, it will be proper for Mr Packard to submit plans for any work he proposes within these limits for the action of the Secretary of War, when all matters affecting his interests can be considered. For the Board. HENRY L. ABBOT, Colonel of Engineers, Bvt. Brig. Gen., U. S. A., [Sixth indorsement.] OFFICE CHIEF OF ENGINEERS, U. S. ARMY, August 11, 1891. Respectfully returned to the Secretary of War. The papers having been returned to this office with indorsement of the Acting Secretary of War of the 28th ultimo were referred to the Board of Engineers for further report. The Board has carefully reconsidered the subject, and has decided to advise no change in the harbor lines in this vicinity originally recommended. The views of the Board are concurred in by this office and the recommendation contained in the first indorsement is renewed. A letter of July 17, from Messrs. Dickinson and Thompson, counsel with the Bergen Neck Railway Company, referred to in the indorsement of the Assistant Secretary of War of August 1, 1891, is herewith. It was received at the War Department July 18. * H. M. ADAMS, The within report of the Harbor Line Board is approved. L. A. GRANT, Acting Secretary of War. f. MODIFICATION OF PIER AND BULKHEAD LINES ON THE NORTH SHORE OF STATEN ISLAND BETWEEN JOHN STREET AND HOUSEMAN AVENUE PRODUCED.* HOUSE OF REPRESENTATIVES, U. S., Washington, D. C., June 20, 1890. MY DEAR SIR: Under what is known as the river and harbor bill of 1888 a Board of Engineers was appointed by the Secretary of War to lay out pier and bulkhead lines for the harbor of New York. Colonel Gillespie, U. S. A., took charge of most of the work, and advertised hearings were had in the city of New York to take testimony, etc., for the purpose of the work. It was my purpose to be present at those of the hearings that related to that part of the harbor known as the Kill von Kull, on the north shore of Staten Island. I was called out of the city and left the matter in charge of another, who neglected to do what I required, as I only recently discovered. My people own about 600 feet of water front on the north shore of Staten Island, on both sides of what is called Morning Star road. The road is one of the principal streets on Staten Island, and runs entirely across it from the north to the south shore. By reference to the map approved by the Secretary of War January 4, 1890, fixing the pier and bulkhead lines, it will be seen that the pier and bulkhead lines at foot of said road are identical, and that they incline to the shore at the foot of the road. On the inclosed map,† which is a copy of the map approved by the Secretary of War, I have marked the space between the foot of Houseman avenue and the foot of John street, which includes the whole of the shore where the pier line inclines, and have caused to be inserted thereon the soundings taken from hydrographic sheet No. 1716, U. S. Coast Survey. I most respectfully ask that that part of the shore of Staten Island referred to be sent back to the Board of Engineers for a hearing, to show reasons why the pier and bulkhead line between Houseman avenue and John street should be extended so that the monument at the See Annual Report Chief of Engineers for 1890, page 789. * + Omitted. foot of Morning Star road be located on a point in a straight line drawn between said avenues projected. The following are some of the reasons why I ask that such correction be made: The Morning Star road is one of the principal roads in Staten Island. It will eventually become a landing place for all that section. The soundings at the monument now located are about 7 feet. It is on the middle of a shoal extending from the channel to the high-water mark. The bottom is hard. If extended to the point desired it would bring the pier line to the edge of the channel. The place can not be dredged, because the whole shore line is in the same high incline. The distance between the pier line on Staten Island and the pier line on the Jersey shore at this point is nearly 2,000 feet. At points directly below it is but little more than 500 feet across the river, and this distance continues with little variation throughout the whole length of the river. The angle formed by the present pier line will form a jog or cove, into which all the sewage and driftwood will be deposited, as it is to-day, causing it gradually to fill up and making the water shallow. The harbor commissioners of the State of New York in 1857 located the pier line as we now desire it, but this has been changed. We can not conceive of any reason which can be urged against the change. It will not seriously change the width of the river, and the river at this point is more than twice as wide as it is at any other point. It will give the upland desirable water privileges. It will give a better channel for the river to flow and help to remove the sewage, clean the river, and give a more rapid current to empty the waters into the sea. It will make more symmetrical the pier line and restore it to what it originally was. I hope that these reasons may be sufficient to convince you of the necessity of a rehearing, and I am confident that the Board of Eugineers will see the urgency of our claim if an opportunity be afforded of explaining it to them. With assurances of respect and esteem, I am, sincerely yours, THOS. F. MAGNER. Hon. REDFIELD PROCTOR, Secretary of War. [Third indorsement.] NEW YORK HARBOR LINE BOARD, Respectfully returned to the Chief of Engineers. The harbor line in this locality would probably have had a different position had there been no structure in existence and no previous action by the State authority. It was adopted because it was a line already established by the State of New York, interfered as little as possible with existing structures, and was not injurious to the regimen of the stream. It is a matter of little importance whether the line remains as already approved or be drawn straight between the points on the pier and bulkhead line as now established on the extension of John street and Houseman avenue. This was the line of 1857, as stated by Mr. Magner, but it was superseded by the State act of 1881, which latter defined the line which was approved by the Secretary of War. For the Board : HENRY L. ABBOT, [Eighth indorsement.] OFFICE CHIEF OF ENGINEERS, Respectfully returned to the Secretary of War. U. S. ARMY, August 11, 1890. The Hon. Thomas F. Magner, M. C., having requested that the pier and bulkhead line along the north shore of Staten Island, as established by the Secretary of War January 4, 1890, be modified between John street and Houseman avenue extended, the Assistant Secretary of War, by indorsement of July 25, directed that the change asked for by Mr. Magner be made. * The accompanying tracing, upon which is delineated the modification of the line, as desired by Mr. Magner, received at this office with inclosed letter of the 8th instant from the Board of Engineers, is respectfully submitted, having been prepared for approval of the Secretary of War. H. M. ADAMS, Major, Corps of Engineers, in Charge. [Ninth indorsement.] WAR DEPARTMENT, August 15, 1890. Respectfully returned to the Chief of Engineers. The modification of the line, as delineated on the accompanying tracing, is approved. L. A. GRANT, Assistant Secretary of War. *Omitted. |