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APPENDIX X X.

OCCUPANCY AND INJURY TO PUBLIC WORKS BY CORPORATIONS AND

INDIVIDUALS.

LETTER OF THE SECRETARY OF WAR.

WAR DEPARTMENT,

Washington City, February 26, 1885.

The Secretary of War has the honor to transmit to the House of Representatives copies of reports of such officers in charge of river and harbor districts as report instances in which piers, breakwaters, or other structures or works built or made by the United States in aid of commerce or navigation are used, occupied, or injured by a corporation or an individual, and the extent and mode of such use, occupation, or injury, and the facts touching the same; said reports being transmitted in compliance with the requirements of section 2 of the river and harbor act of July 5, 1884.

ROBERT T. LINCOLN,
Secretary of War.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

LETTER OF THE CHIEF OF ENGINEERS.

OFFICE OF THE CHIEF OF ENGINEERS,

UNITED STATES ARMY, Washington, D. C., February 24, 1885.

SIR: Section 2 of the river and harbor act of July 5, 1884, requires of the Secretary of War that

He shall report to Congress, at its next session. all the instances in the United States in which piers, break waters, or other structures or works built or made by the United States in aid of commerce or navigation are used, occupied, or injured by a corporation or an individual, and the extent and mode of such use, occupation, or injury, and the facts touching the same.

With a view to the collection of data to supply the information de sired, all officers under the direction of this office were instructed to prepare and submit detailed reports covering all facts necessary to enable the Secretary of War to comply with the terms of the extract above

quoted. Reports have been received from all officers in charge of river and harbor districts, and I have the honor to submit herewith copies of such of them as report instances "in which piers, breakwaters, or other structures or works built or made by the United States in aid of commerce or navigation are used, occupied, or injured by a corporation or an individual," etc. All the other officers state that there are in their districts no instances of such use, occupation, or injury to report under the provisions of the act.

Very respectfully, your obedient servaut,

Hon. ROBERT T. LINCOLN,

Secretary of War.

JOHN G. PARKE, Acting Chief of Engineers.

REPORT OF LIEUTENANT-COLONEL GEORGE H. ELLIOT, CORPS OF

ENGINEERS.

ENGINEER OFFICE, UNITED STATES ARMY,

Newport, R. I., February 11, 1885.

GENERAL: In compliance with Department letter of February 10, 1885, I have to state that there is no structure or work in my district "built or made by the United States in aid of commerce or navigation, used, occupied, or injured by any corporation or individual."

The Government wharf in the inner harbor at Block Island is the only wharf on the island. It is used by the General Government and the public in common, and it is supposed that it is not included in the works referred to in the first part of section 2 of the act of July 5, 1884. Very respectfully, your obedient servant,

Brig. Gen. JOHN NEWTON,

Chief of Engineers, Ü. S. A.

GEORGE H. ELLIOT,
Lieut. Col. of Engineers.

REPORT OF LIEUTENANT-COLONEL WALTER MCFARLAND, CORPS OF

ENGINEERS.

ENGINEER OFFICE, UNITED STATES ARMY,

New Haven, Conn., January 14, 1885.

GENERAL: Under section 2 of the act of Congress relating to rivers and harbors, approved July 5, 1884, I have the honor to report as follows upon the use by corporations or individuals of "works built or made by the United States in aid of commerce or navigation,"

all in the engineer district of which I have charge, extending from the headwaters of the Hudson River to the eastern end of Long Island Sound.

Very respectfully, your obedient

servant,

WALTER MCFARLAND,

Lieut. Col. of Engineers.

Brig. Gen. JOHN NEWTON,

Chief of Engineers, U. S. A.

REPORT UPON THE USE, OCCUPATION, OR INJURY BY CORPORATIONS OR INDIVIDUALS OF PIERS, BREAKWATERS, OR OTHER STRUCTURES OR WORKS BUILT OR MADE BY THE UNITED STATES IN AID OF COMMERCE OR NAVIGATION, OCCURRING OR EXISTING IN THE ENGINEER DISTRICT EXTENDING FROM HEADWATERS OF THE HUDSON RIVER TO THE EASTERN END OF LONG ISLAND SOUND.

ENGINEER OFFICE, UNITED STATES ARMY,

**

New Haven, Conn., December 31, 1884.

The only instances of the * kind in this district are found in connection with the dikes on the Upper Hudson.

1. Miller and Whitebeck have built a dock over 273 feet of the half dike at Mull's Island, on the east side of the river, about 13 miles below the railroad bridge at Albany. The dike just above the dock has been heavily loaded with stone to serve as an ice-breaker, and shows signs of giving away under the weight imposed on it. This occupation of the dike was authorized by the Hon. Secretary of War, November 9, 1880, under an opinion of the Judge-Advocate-General of the Army.

2. H. Slingerland has built a dock over 103 feet of the Barren Island Dike opposite Coeyman's, on the west side of the river, about 12 miles below the railroad bridge at Albany. It is not known under what authority this was done.

3. The Knickerbocker Ice Company occupy with their wharf 319 feet of the Roah Hook Dike, on the west side of the Hudson River, about 12 miles below the railroad bridge at Albany, by authority of the Chief of Engineers, under the opinion of the Judge-Advocate-General of the Army before referred to, October 12, 1880.

4. F. E. Bean uses for a dock 259 feet of the Castleton Dike, on the east side of the river, about 9 miles below the Albany Railroad Bridge. The dike is much broken for about 20 feet above the upper end of the dock. This occupancy is under authority of a grant of lands under water, by the State of New York, over which this United States Dike is built.

5. E. P. Stimson occupies for dock purposes 280 feet of the Castleton Dike, about 400 yards above the part occupied by F. E. Bean, under approval of the Chief of Engineers, dated September 11, 1871. The dock is not now used and has fallen into decay.

6. The Ridgewood Ice Company occupy the lower end of the Cedar Hill Dike, on the west side of the river opposite Castleton, about 8 miles below the railroad bridge at Albany, under authority of a grant of lands under water, made by the State of New York, upon which this United States Dike is built.

7. Richard English occupies for dock purposes 203 feet of the Campbell Island half dike, on the east side of the river, about 7 miles below the railroad bridge at Albany, under authority of a grant of land under water from the State of New York, this dike being built over that land.

8. Hotaling and Park, now Knickerbocker Ice Company, occupy a part of the old Beacon Island half dike, on the west side of the river, about 3 miles below the railroad bridge at Albany, under what au thority is not known. Their occupancy of it has, however, improved it, as they have closed a break which formerly existed in it.

9. John Patterson has built a dock 100 feet long over the old revetment of Beacon Island, on the west side of the Hudson, about 600 yards above Hotaling and Park's ice-house, under approval of the Chief of Engineers, dated December 16, 1881.

10. Paul S. Forbes has built a dock over a part of the Bath Dike, on ENG 88-169

the east side of the river, about 14 miles above the lower railroad bridge at Albany, under agreement and bond transmitted to the Chief of Engineers October 28, 1876. The dock has not been kept in repair and the dike has given away under it.

11. W. H. Forbes has extended the dock built by Paul S. Forbes, about 225 feet further north, over the Bath Dike. The occupation of this dike was approved by the honorable Secretary of War, June 15, 1882.

12. George Mark and others have built a dock over the old revetment of Patroon's Island, on the west side of the river, about 23 miles above the lower railroad bridge at Albany, extending out into the river about 60 feet beyond mean high-water mark, without any authority other than that derived from the old colonial grant to the Patroon.

13. Erastus Corning has occupied for dock purposes 105 feet of the high dike between Hillhouse and Patroon Island, on the west side of the river, about 3 miles above the lower railroad bridge at Albany, under authority of the honorable Secretary of War, dated June 15, 1882. 14. Corning and Company, under authority of a grant of lands under water from the State of New York, have for some years been filling in with ashes and slag from their works, a strip of this grant running south from their iron works, on the east shore of the river, just below Troy. They have gone outside the limits of their grant in some places,and none of the material dumped having any protection against the action of the current, much of it is carried away, especially during freshets, and is dropped in the channels which have been under improvement by the United States.

Respectfully submitted.

WALTER MCFARLAND,
Lieut.-Col. of Engineers.

REPORT OF MAJOR W. H. HEUER, CORPS OF ENGINEERS.

PHILADELPHIA, PA., October 6, 1884.

SIR: In compliance with the requirements of General Orders, No. 13, Headquarters Corps of Engineers, United States Army, July 23, 1884, relative to the use, occupation, or injury by individuals or corporations, of piers, breakwaters, or other structures or works made or built by the United States, etc., I have the honor to submit the following final report:

With the exception of those at Chester, Pa., Marcus Hook, Pa., and the Delaware Breakwater Harbor, Delaware, there are no public works in this district which are used or occupied by an individual or corpora

tion.

The works at Chester, Pa., comprise two lines of piers extending into the Delaware River. The interval between the two works is less than 700 feet, forming a harbor for the protection of shipping against running ice.

The upper line of piers, which are on a prolongation of Market street, are and have been for many years the principal landing point at Chester, and during the last season no less than nine steam-boats made landings at these piers daily, stopping only long enough to let passengers ou and off.

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