Savannah morning news. [volume] (Savannah) 1868-1887, 1883-02-07
CAPTAIN EADS' JETTIES.
HIS CONTRACT FOR DEEP WA.
TER NOT PERFORMED.


Attorney General Brewster's Opinion
The Channel Between the Jetties not
Sufficient-A Wide, Deep and Perma-
nent Flow of Water Through the south
Pass to the Gulf Required by the Law.
WASHINGTON, Feb. 6.-Copies of cor
respondence and documents on file in the
War Department concerning the twelfth
quarterly installment to Captain Eads on
account of the South Pass jettv. were
transmitted to the Senate this morning by
the Secretary Of War. One of these dOcu-
ments is an argument submitted to
the Attorney General by Captain Eads
in reply to suggestions made
by the Secretary of War
as to what constitutes fulfiliment of his
contract with the government by Captain
Eads under the jetty act. The Secretary
finds some uncertainty as to the meaning
of the law, and he asks the Attorney GEN
eral whether, under the law, Captain
Eads is required to maintain a speci-
fed channel through the pass, or
merely through the jetties. The engineer
in charge, Captain Heur, reported that
during the quarter ended December 8,
1882, there were number of points in the
which the soundings were less than
twenty-siX feet, the required depth, which
is attributed to shoaling caused by the
action of the jetties at the mouth Of the
pass in so increasing the flow of water as
to reduce the water level in the lower
part of the pass, and thus tend to transfer
the bar or shOal higher up. The channel
to the gulf, from the head of the pass, is
about ten miles. The main bar is at the
outlet of the pass, and through this is the
channel formed by the jetties.
Captain EadS claims that so long as he
shall maintain channel of the required
depth between his jetties through the bar
he has complied with the law and is enti-
tied to 100000 per annum appropriated
by it. The Attorney General, however,
thinks differently. In his written opinion
in answer to the suggestions of the Secre-
tary of War he says:
The proposal of the government which
James B.. Eads accepted was that by
certain means mentioned in the act he
should create and permanently maintain
wide and deep channel between the
South pass of the MISSISSIPPI river and
the Gulf of Mexico" By this language 1
understand continuous channel through
the entire length of the pass, from its head
to its outlet, into the Gulf. To obtain
such channel and to have it perma-
nently maintained was the purpose of the
act of March 3, 1875. See section of said
act.
The succeeding section provides that
the conditions in the act being fully COM
piled with, payments should be made as
therein set forth. One of these conditions
is that within given time the depth of
twenty-six feet should besecured through
the pass.
The intent is plain. 1t is that the cham
mel shall be twenty-siX feet deep at the
head and through the whole length of the
pass, and this not merely for a day or
week, but this depth shall be secured and
permanently maintained. This require
ment respecting the channel through the
pass has not been changed by subsequent
legislation. This is clearly shown
in the opinion of Attorney General
Devens April Is, 1879, There are, no
doubt, parts of the act of March 3, 1875,
and Of the act of March 3, 1879, which, if
read separately, seem to favor the idea
that the channel was to be maintained
only through the jetties into the Gulf, but
when considered in connection with
the fourth section of the act of
1875, in which the whole purpose
OF the law is expressed, and with condi-
tlons therein set forth, it will be seen that
these subsequent provisions do not alter
the main object of the law, which is to
secure and permanently maintain deep
and wide channel through the pass
to the Gulf of Mexico, and this Captain
Eads undertook to accomplish.
AS to the second branch of YOUR in0Iliry.
l think that six or seven inches of shnaI
ing, which the report Of the engineer
shows existed in part of the pass for
several weeks during the quarter is too
great a departure from the requirement
of the contract to be permitted,
and that under the law payment for the
quarter should be suspended for such
shall continue, In this matter the maxim,
"Resist beginnings," would seem to be
pertinent. The payment of the quarterly
installment due December 9th was sus-
pended upon these representations.