the passage of this act, in the construction of said works: Provided, That said Eads or his legal representatives shall file in the office of the Secretary of War, with each requisition made by him or them, a certified statement, which shall be made by the engineer officer provided for in said act, that the requisition is for the amount of work properly done, materials furnished, and expenditures incurred in the prosecution of the work: And provided, That said Eads, his lawful assigns or legal representatives, shall file with the Secretary of War a relinquishment of all claim to the deferred payment of two hundred and fifty thousand dollars provided by the hereinbefore recited act to be paid when a channel twenty-four feet in depth and not less than two hundred and fifty feet in width shall have been maintained for twelve months consecutively : And provided further, That said Eads, his lawful assigns or legal representatives, shall from time to time, as monthly installments of the remaining two hundred and fifty thousand dollars are paid, file with the Secretary of War a relinquishment of like amounts, to be deducted from the payment of five hundred thousand dollars provided by the herein before recited act to be paid when a channel twenty-six feet in depth and not less than three hundred feet in width shall have been obtained. And the Secretary of the Treasury is hereby authorized and directed to pay to said Eads, his lawful assigns or legal representatives, the sums for which said warrants are drawn. All other payments to said James B. Eads, his lawful assigns or legal representatives, are to be made under and in pursuance of the provisions of the hereinbefore recited act; the whole of said act, except as the same is hereby expressly modified or amended, to have the same force and effect as if this act had not been passed. In accordance with section two of the act, the requi red relinquishment was filed by Mr. Eads, and the third payment, amounting to $500,000, was made. Certain technical questions arose as to the construction of section three, above quoted, and as to the rights of parties in the matter of relinquishment. These questions were referred to the Attorney-General and were adjusted pursuant to advices contained in his opinions. The engineer's statements, Mr. Eads's requisitions, and the required relinquishment of $250,000 having been received, approved, and filed, three several payments have been made under said section, amounting in the aggregate to $85,386.24, for the months of June, July, and August, 1878. The epidemic of yellow fever reached Port Eads about July 26, and, although its ravages did not begin during the last fiscal year, it is well to state that the fever became so severe about August 6, that it was thought necessary to suspend active operations at the jetties until the fever had disappeared. The earlier portion of the low-water season, during which the work of construction is most easily and economically conducted, has therefore been lost by Mr. Eads; and as it became necessary to allow those of the United States Engineer party under the inspecting officer who were not thoroughly acclimated to leave the vicinity, the regularity of detailed reports has been necessarily interrupted. * OFFICE OF THE CHIEF OF ENGINEERS, SIR: I have the honor to present for your information the following report upon the duties and operations of the Engineer Department for the fiscal year ending June 30, 1878: OFFICERS OF THE CORPS OF ENGINEERS. The number of officers holding commissions in the Corps of Engineers, United States Army, at the end of the fiscal year was 106 on the active list and 5 on the retired list, the latter, however, under the law of January 21, 1870, not being available for duty. In the duties devolving upon the corps by law and by its organization, the employment of a number of scientists and assistant engineers has been necessary. Since last annual report the corps has lost by death two of its officers, Lieut. Col. John D. Kurtz, who died at Georgetown, D. C., October 16, 1877; and Capt. A. H. Burnham, who died at Lowell, Mass., September 12, 1877. One officer, First Lieut. Edgar W. Bass, resigned May 2, 1878, to accept appointment as professor of mathematics at the United States Military Academy. There have been added to the corps, by promotion of graduates of the Military Academy, two second lieutenants, whose commissions date from June 15, 1878, but who did not become available for duty till after the close of the year, and are, therefore, not included in the strength of the corps. On the 30th June, 1878, the officers were distributed as follows: On duty, Office Chief of Engineers, including the chief.... On duty, Office Chief of Engineers, Public Buildings and Grounds, District of On duty, fortifications On duty, fortifications and light-house duty On duty, fortifications and river and harbor works.. On duty, fortifications, river and harbor works, and light-house duty On duty, river and harbor works... On duty, river and harbor works and light-house duty On duty, survey Northern and Northwestern Lakes and Mississippi River On duty, jetties at mouth of Mississippi River On duty, explorations of country west of one hundredth meridian On duty with battalion of engineers On duty with battalion of engineers and fortifications On duty with battalion of engineers and at Military Academy On staffs of generals commanding divisions and departments and on river and Detached on duty with the General of the Army, generals commanding divisions Suspended Total 1 |