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WRIGHT & POTTER PRINTING CO., STATE PRINTERS,

18 POST OFFICE SQUARE.

044

Commonwealth of Massachusetts.

REPORT.

To the Honorable the Senate and House of Representatives of the Commonwealth of Massachusetts.

The Board of Harbor and Land Commissioners, pursuant to the provisions of law, respectfully submits its annual report for the year 1894. The last report terminated with the 30th of November; this report covers a period of twelve months from that date.

HEARINGS AND INSPECTIONS.

The Board has held one hundred and sixty-three formal sessions during the year, and has given one hundred and thirty-one hearings. One hundred and nine applications for licenses for structures and for privileges in tide waters and great ponds have been passed upon; of these applications, one hundred and eight were granted and one was refused.

One formal hearing was given at North Falmouth, and the others in the office of the Board in Boston and in the State House.

During the year the commissioners have personally inspected the proposed location of a boat house, to be built in Sandy Pond in Lincoln; the proposed location of a wharf, to be built by the town of Marblehead in Marblehead harbor; Slate wharf in Boston; the wharf of Linus M. Child in Winthrop; the wharf of the Marblehead Gas Light Company in Marblehead; the wharf of Edward B. Lane; and the location of a proposed wharf at Tuck's Point in Beverly. An inspection has also been made of Cataumet harbor; of the protective works on the Connecticut River at West Springfield; of the Connecticut River bank in

Agawam; of the protective works at Hadley; of the work which has been done during the year on the province lands in Provincetown; and of certain marsh lauds in Boston, Winthrop and Revere.

CHARLES RIVER DAM.

Chapter 85 of the Resolves of 1894, entitled "Resolve directing the Board of Harbor and Land Commissioners to inquire into the proposed construction of a dam and lock in Charles River basin," reads as follows:

Resolved, That the board of harbor and land commissioners are hereby directed to inquire into the construction of a dam and lock in the tidal basin of Charles river, as proposed in the report of the metropolitan park commission and the state board of health, sitting as a joint board, with special reference to interference with tide water and its effect upon the harbor of Boston, giving an opportunity to be heard to persons desiring a hearing thereon, and to report thereon in print to the next general court within ten days from the commencement of the session thereof; and a sum not exceeding fifteen hundred dollars is allowed for necessary expenses of such inquiry and hearing, to be paid out of the treasury of the Commonwealth.

After public notice in the newspapers and special notice to the following cities and towns on the Charles River, to wit, Boston, Cambridge, Newton and Watertown, an investigation in compliance with the resolve was begun at the State House on October 3, and continued, by adjournments from time to time, up to Dec. 7, 1894. Seventeen hearings in all were had, and both sides of the question were ably represented by counsel. John E. Abbott, Esq., of Watertown, G. A. A. Pevey, Esq., city solicitor of Cambridge, and W. S. Slocum, Esq., city solicitor of Newton, appeared in support of the report of the joint Board; and Hon. John D. Long, Hon. William E. Russell and John T. Wheelright, Esq., appeared in remonstrance. The Citizens' Association of Boston appeared by Herbert L. Harding, Esq.

The Board construed the language of the resolve with special reference," etc., to intend that it should inquire into all the consequential effects of the construction of the pro

posed dam and lock. This interpretation was invited, moreover, by the fact that there had been no public hearing on the questions involved, although large public interests were to be affected. Such inquiry would necessarily include the sanitary condition of the lower Charles River, as well as the harbor of Boston; and pursuant thereto all persons coming before the Board and "desiring a hearing thereon" were heard. Prominent citizens appeared and were heard on both sides, and learned and accomplished experts were examined and cross-examined with astuteness and elaboration, a wide scope of interrogation being permitted in pursuing the investigation. Notice was given to the State Board of Health and to the Board of Metropolitan Park Commissioners. The State Board of Health sent its engineer, Mr. Frederic P. Stearns, and its biologist, Professor Sedgwick, who appeared, gave their testimony to the Board, and submitted themselves to an exhaustive cross-examination by the counsel of those opposed to the proposed dam. Resolutions, votes and orders favoring the project, from the following, viz., Cambridge Medical Improvement Society, Citizens' Improvement Association of Ward 25, Hunnewell Hill Improvement Society, Massachusetts Association of Boards of Health, Garden City Improvement Society of Newton, Cambridge Club, Citizens' Trade Association of Cambridge, City of Cambridge, City of Newton and Young Men's Assembly of Watertown, and a resolution of the Boston Associated Board of Trade, in opposition, were presented and filed with the Board, and remained open to the inspection and comments of all parties interested. A large amount of documentary and statistical evidence was also introduced on either side.

A stenographic report was taken, by arrangement with counsel, and a limited number of copies were typewritten for the convenience of those engaged in the investigation. It is obviously impracticable within our present limits of time and space to cite or even to report in detail all the oral and written evidence adduced on the one side and on the other. All that can be attempted will be to summarize the essential facts and considerations having a bearing on the questions at issue.

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