The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-01-22
The Harbor Commissioners Bill.

The following is the bill to " establish board |
of Harbor Commissioners" now under consid- |
Grafton by the Committee in the Legislature:
SECTION l. The Governor, with the advice
and consent of the Council, shall, before the
first day of July next, appoint five competent
persons, who shall constitute board of Harbor
Commissioners, and who shall hold their offices
from the dates of their respective appointment,
and for the terms of one, two three, four and five
years, respectively, from the first day of July J
next The Governor shall, in like manner, be- l
fore the first day o. July in every year, appoint
a Commissioner to continue in Office for the
term of five years from said day; and in case
of any vacancy occurring in the board, by re-
signation or otherwise, shall, in the same man
ner, appoint Commissioner for the residue of
any Commissioner. And the compensation for
each OF said Commissioners shall not exceed
i've dollars per day for time actually employed
in the service of said commission.
SECT. 2. The board of Harbor Commission
ers shall have the general care and supervision
of all the harbors, tidal rivers and other tide
waters, from high-water mark, and of all the
flats and lands flowed thereby, within the
State, In order to prevent and remove unauthor-
lied entertainments and causes of every kind
which are liable to interfere with the full navi-
CATION OF said harbors and rivers, or in any way
injure their channels, or cause any reduction of
their tide-waters, and in order to protect and
develop the rights and property of the State in
time, make such surveys, examinations and OBJ
servatlOns as they may deem necessary for said
purpose in any harbor or other place under
their supervision, and employ for these pur-
| poses competent engineers, and also employ
| such clerical and other assistance as they may
think necessary. They shall have an Office in
| Portland, where the maps, charts, and plans
connected with the harbors and rivers, records
| OF all their doings, and all documents relating
| to their business, shall be kept.
| SECT. 4 WhauaVpr in thu INDIGNANT Of thp
| said Board of Commissioners the public good
requires, they may proceed to prescribe lines in
| any OF the harbors and rivers of this State, be-
| You'd which no wharf, pier, boom or other struc-
ture shall be extended into such harbor or river,
and shall report the same for the consideration
of the Legislature at its next session: pr0Uided,
howeUer, that said Commissioners before draw
ing any such line shall appoint a convenient
time and place for the hearing of all parties in
terested, and shall give notice thereof by publ
cation three weeks successfully in two or more
newspapers, one of which is published in Port
land, and one in the county where such harbor
or river is situated, the first publication to be at
least thirty days before the time of hearing
SECT. 4. All persons that have been or may
be authorized by the Legislature to build over
tide waters any bridge, wharf, boom, pier OF
dam, or to fill any flats, or to drive any piles
below high-water mark who have not already
begun such work, shall, before beginning it,
give written notice to the Harbor Commission
ers of the work they intend to do and submit
plans of any proposed wharf or other structure,
and OF the flats to be filled, and of the mode in
which the work is to be performed; and no such
work shall be commenced until the plan
and mode of performing the same shall bt
approved in writing by a majority of the
said Harbor Commissioners And the sale
commissioners shall have power to alter the
said plans at their discretion, and to prescribe
the direction, limits, and mode of bu iding the
wharves and other structures, to any extern
that does not diminish or control the Legislative
grant; and all such works shall be executed UNI
der the supervision of the commissioners. The
amount of tide-water displaced by any struc
ture or filling of flats hereafter authorized al
aforesaid, shall be ascertained by the Harbo
Commissioners, and they shall in all cases af
fecting the harbor of Portland, and in cases at
fecting other harbors, if they shall deem it nee
essary, require the parties making the same t.
make compensation therefor either by exca
waiting in some part of the same harbor wher
the work is performed, including tde-wate
channels between high and low water mark, t,
such an extent as to create a basin for as mucl
tide-water as may be displaced by such struc
ture or filling of flats, and the same shall b.
done under their direction, or by paying in liel
of performing the work of dredging to restor
the displaced Underwater sufficient sum- o
money for making such compensation, or b,
improving the harbor in any other mode to tn
satisfaction of the Commissioners; and al
money thus paid shall be paid into the Treas
ury of the State, and be reserved as a co,npensa
ton fund for the harbor where such compensa
ton is to be made, and used for that purpos
under the direction of the Commissioners; pro
Uided, that all dredging made for purposes @
such compensation for displaced tide-wate
shall in no wise'injure any existing channels
but as far as practicable shall be directed tC
wards their permanent improvement.
SECT. 5. All erections and works heretofor
made without authority from the Legislature
or in any manner not sanctioned by the Boar
of Harbor Commissioners, where their direC
q nyrAd as nIr,INa for tIaI
ID within tide waters hoSvins thrpus,h an:
harbor, and all erectons and works outside O
harbor lines as now established shall be con
sidered public nuisance and liable to indict
ment as such. The Board of Harbor Com
missoners shall have power to order suits OF
, behalf of the State to prevent or stop, by in
Junction or otherwise, any sucn erection or any
other nuisance or obstruction to navigation. i
any OF the navigable rivers or in any of The
rivers or tide-wa4ers which flew into or through
any harbor in the State or thus to prevent 0
stop the removal of any material from any ba
or breakwater OF any such harbor; and the At
torney General and county attorneys within
their counties shall commence and conduc
such suit.
SECT. 6. The Harbor Commissioners are au
thorized and empowered, whenever they deem
it. necessary, to apply to Congress for appropria
tiOns for protecting and improving any harbo
or river in the State.
SEC. z. No contracts shall be made and m
acts done by said commissioners which involve
the payment of any money from the Treasur
of the State, except as herein provided, with
out an appropriation expressly made by tn
Legislature for that purpose. They shall kee
an account of their actual services and expense
to be allowed by the Governor and Council
SEC. S.-The Commissioners shall report il
print to the Legislature annually, on or befor
the tenth day of January, their dongs during
the year preceding, and shall recommend sucl
legislation as they deem necessary for the pre-
servation and improvement of the harbors ant
rivers and the promotion of the interest of Thu