D 31. PRELIMINARY EXAMINATION OF SOUTHOLD HARBOR, LONG ISLAND, NEW YORK. [Printed in House Ex. Doc. No. 48, Fifty second Congress, second session.] OFFICE OF THE CHIEF OF ENGINEERS, Washington, D. C., December 5, 1892. SIR: I have the honor to submit herewith a copy of report, dated November 2, 1892, from Col. D. C. Houston, Corps of Engineers, of the results of a preliminary examination of Southold Harbor, Long Island, New York, made to comply with provisions of the river and harbor act approved July 13, 1892. I concur in the opinion of Col. Houston that the locality is not worthy of improvement by the General Government. Very respectfully, your obedient servant, THOS. LINCOLN CASEY, Brig. Gen., Chief of Engineers. Hon. S. B. ELKINS, Secretary of War. REPORT OF COL. D. C. HOUSTON, CORPS OF ENGINEERS. ENGINEER OFFICE, U. S. ARMY, New York, N. Y., November 2, 1892. GENERAL: I have the honor to submit the following report on preliminary examination of Southold Harbor, Long Island, New York, made in pursuance of the river and harbor act of July 13, 1892. This harbor (so termed) is simply a private landing place or wharf on the west side of Southold Bay in the eastern part of Long Island. The wharf is 500 feet long, extending southeasterly from the shore. The natural depth at the head of the wharf is about 5 feet at mean low water and it is about 750 feet farther out to a depth of 12 feet. Some years ago a channel 10 feet deep or more and 100 feet wide was dredged up to the wharf by private parties. A recent examination shows that there is at present a depth of 10 feet and a width of about 50 feet. The wharf is used as a regular landing for the Sag Harbor and New York steamers, and has been frequently used as such by the New London and Sag Harbor boats. All steamers have to back out, as there is not channel room to turn at the end of the wharf, and the New London boats, which are screw boats, do not readily do this. What is desired is to have the channel widened to 150 or 200 feet, with 12 feet depth, and a turning basin made at the end of the wharf, so that vessels can go out without backing. This locality is of considerable importance as a point for receiving supplies and shipping farm products, the nearest landing place for steamers being at Greenport, about 44 miles distant. It does not seem to me that the improvement desired is a proper one to be undertaken by the United States. The difficulty can be remedied by extending the wharf to deeper water with better results than by dredging. In either case, I consider the improvement a matter of private enterprise, and am therefore of opinion that the locality is not worthy of improvement by the General Government. The locality is shown on the chart of Long Island Sound, published by the U. S. Coast and Geodetic Survey. Very respectfully, your obedient servant, D. C. HOUSTON, Brig. Gen. THOMAS L. CASEY, D 32. ESTABLISHMENT OF HARBOR LINES IN SHAWS COVE, NEW LONDON HARBOR, CONNECTICUT. ENGINEER OFFICE, U. S. ARMY, New York, N. Y., January 20, 1893. GENERAL: The work of improvement in that portion of New London Harbor, Connecticut, known as Shaws Cove, directed by the river and harbor act of July 13, 1892, having been commenced, it becomes necessary to establish harbor lines, in order to define precisely the area of the ultimate improvement and to fix the limit beyond which wharves, etc., shall not extend. Parties interested have asked me for information on this point, and I have accordingly, after full consultation with all property owners and others interested, laid out harbor lines as shown on the accompanying tracing, which I would recommend for approval. The object of this improvement is to make a basin where vessels can be laid up in winter and to afford additional facilities for commerce. Very respectfully, your obedient servant, Col. D. C. Houston, Corps of Engineers, the officer in local charge of the improvement of Shaws Cove, New London Harbor, Connecticut, in the within report states the necessity of establishing harbor lines in Shaws Cove, and submits the accompanying tracing, upon which are delineated the pierhead and bulkhead lines recommended for approval by the Secretary of War under the provisions of the act of September 19, 1890. It is recommended that the lines proposed be approved and that the Secretary place his approval both upon this report and the tracing submitted. THOS. LINCOLN CASEY, Brig. Gen., Chief of Engineers. WAR DEPARTMENT, Washington. D. C., January 26, 1893. Approved as recommended by the Chief of Engineers. S. B. ELKINS, Secretary of War. *Not printed. D 33. ESTABLISHMENT OF HARBOR LINES IN BRIDGEPORT HARBOR, CONNECTICUT. BRIDGEPORT, CONN., April 16, 1891. The undersigned represent that Bridgeport is the principal port of entry for the customs district of Fairfield in the State of Connecticut, and that the United States Government has for the past few years expended large sums of money in the widening, deepening, and improv ing said Bridgeport Harbor, so as to render it navigable for vessels of heavy burden and deeply laden to enter our said harbor at all conditions of the tides; and Whereas parties owning or occupying lands adjoining said Bridgeport Harbor are in the act of, or are intending, to fill in upon the mud flats and encroach upon said harbor, so as to seriously affect and injure the rights of navigation by the pressure of material from the flats bordering on the channel, and thus to a certain extent preventing the use of said harbor; Now, therefore, the undersigned citizens and taxpayers of said city of Bridgeport and owners of land adjoining said harbor respectfully request that you will cause an examination to be made of the condition of said harbor, and, if deemed expedient, to cause a harbor line to be run and established on the east side of our said harbor, known as Pequonnock River, from the drawbridge of the New York, New Haven and Hartford Railroad to Long Island Sound, beyond which no wharf, dock, or other obstruction shall be erected, built, or allowed to exist, or to take such steps as you may deem fit and proper to prevent encroachments upon the rights and needs of navigation and for easy and free use of said port as a harbor for anchorage and a harbor for refuge for large tows that frequent the same, and as in duty bound your petitioners will ever pray. And 25 others. CHARLES R. BROTHWELL, [Second indorsement.] OFFICE CHIEF OF ENGINEERS, U. S. ARMY, May 6, 1891. Respectfully referred to Col. D. C. Houston, Corps of Engineers, for report. H. M. ADAMS, Major, Corps of Engineers, in charge. [Third indorsement.] NEW YORK, May 8, 1891. Respectfully returned to the Chief of Engineers. No harbor lines have been established at Bridgeport Harbor by the Government. Lines have been established by the city, which have been changed from time to time. I understand that at present there is difficulty in agreeing on the lines by the parties interested. In view of this and the importance of Bridgeport Harbor I would respectfully suggest that harbor lines be established on both sides of the harbor from Long Island Sound to the head of navigation, a distance of about 3 miles, under the provisions of the river and harbor act approved September 19, 1890. D. C. HOUSTON, Colonel, Corps of Engineers. [Fourth indorsement.] OFFICE CHIEF OF ENGINEERS, Respectfully returned to the Secretary of War. May 9, 1891. The president of the board of trade, and others of Bridgeport, Conn., request that harbor lines be established at Bridgeport, under the provisions of the river and harbor act approved September 19, 1890. This paper was referred to Col. D. C. Houston, Corps of Engineers, the officer in charge of the improvement of Bridgeport Harbor, and his report is contained in the third indorsement, to which attention is invited. It is recommended that a board of officers to consist of Col. D. C. Houston, Lieut. Col. G. L. Gillespie, and Capt. Thos. L. Casey, of the Corps of Engineers, be constituted to consider and report upon the subject of harbor lines at Bridgeport, on both sides of the harbor, from Long Island Sound to the head of navigation, as suggested by Colonel Houston, the board to meet at Bridgeport, Conn., on the call of the senior member, and its expenses to be paid from appropriation for improving Bridgeport Harbor. With the sanction of the Secretary of War, the order constituting the board will be issued from this office. H. M. ADAMS, Major, Corps of Engineers, in charge. [Fifth indorsement.] WAR DEPARTMENT, May 11, 1891. Approved as recommended by the officer in charge of the office of the Chief of Engineers. By order of the Acting Secretary of War: JOHN TWEEDALE, Chief Clerk. REPORT OF BOARD OF ENGINEERS. ENGINEER OFFICE, U. S. ARMY, GENERAL: The Board of Engineers constituted by special orders No. 29, Headquarters Corps of Engineers, U. S. Army, dated May 12, 1891, has the honor to submit the following report: A petition, dated Bridgeport, Conn., April 16, 1891, signed by Charles R. Brothwell, president of the Bridgeport Board of Trade, and others, requesting the establishment of harbor lines on the east side of Bridgeport Harbor, was referred to the Board for consideration and report, including the entire harbor from the head of navigation to Long Island Sound. The Board met at Bridgeport at 11 a. m., June 1, 1891, and at once made an examination of the harbor in a steamer, accompanied by William H. Marigold, mayor of Bridgeport, Capt. John McNeil, harbor master, Charles R. Brothwell, president of the board of trade, Peter W. Wren, chairman board of public works, and president of board of education, H. G. Scofield, city engineer, and others, representing the petitioners. At 2 p. m. a meeting was held at the city hall, about 30 persons being present. The petition asking for the establishment of harbor lines and the order constituting the Board were read, whereupon counsel representing certain riparian owners protested against any action by the Board in the matter. Time was asked to present their case; and the Board, after hearing a number of statements, adjourned to meet at some time to be afterward determined. Soon after a written protest against the establishment of harbor lines at Bridgeport by the Secretary of War was handed to the senior member of the Board by counsel representing riparian owners, together with the opinion of the state court in the case of Farist vs. The City of Bridgeport (copy herewith). After consultation with the other members of the Board, these papers were forwarded to the Chief of Engineers with the statement that the counsel desired a hearing before the Secre tary of War, or his legal adviser, on the legal questions involved. The papers were returned with instructions that the hearing should be had by the Board. After due notice to all parties interested, the Board met at city hall in Bridgeport, on July 14. The riparian owners and the petitioners were represented by counsel, and statements were made by a number of persons. The counsel for the riparian owners presented a brief remonstrating against the establishment by the Board "of any harbor line other than that already established by the municipal authorities, and for cause of such remonstrance say, generally, that this Board ought not to act in the matter." The counsel for the petitioners promised to send a reply to the Board as soon as practicable. This has been received, and is forwarded herewith with the other papers in the case. Having obtained all the information possible, the Board met in New York City October 23, 1891. It appears that in 1886, harbor lines were established in Bridgeport Harbor by the city authorities, under the laws of the state of Connecticut, extending from the head of navigation to Long Island Sound. These lines were modified in the same year, so as to include a strip 100 feet wide on each side of the Stratford Avenue Bridge, extending on the east side, from the harbor line to the drawbridge, as indicated on the tracing herewith. It is understood that this change was to authorize the existence of certain buildings adjacent to the bridge and was made in accordance with a contract between the city of Bridgeport and parties interested (see brief of parties in interest, p. 9). It is claimed by the petitioners that these lines are not legal, for reasons stated in their brief. In 1889 the city authorities laid out a line on the east side between Nichols street and the site of the steel works, some little distance inside the line of 1886, the details of which are not in possession of the Board. This line was objected to by parties interested, and the State courts decided that the changes were invalid (see opinion in the Farist Steel Company vs. The City of Bridgeport, herewith), and that no such change could be made without compensation to owners. As the matter now stands it appears that the lines laid out in 1886 on the east side are satisfactory to all parties, except as to the lines above and below the bridge and parallel thereto, and the line on the east side between the bridge and the Farist Steel Company's property. |