Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-09-14
The Second Controller will Approve
Expenditures for their Comtinuamce.

money for improving the navigation OF the Poto-
mac River under the river and harbor act OF this
year. This decision 10 In reply to Q CON-
munication from Lieut.. Col. Hams, OF the
sth instant requesting the Controllers
opinion regarding the appropriation. He asked
whether any part Of the appropriation OF
$500 900 made this year is available In view OF
section or the act OF August s. 1856, which pro.
vided that II should be the duty OF the Attorney
General to bring suit against all persons claiming
thof unt s " sn any par a,s Q. nS
money appropriated for the improvement OF the
river shall be expended otherwise than upon
title OF the United States. COL Hains stated that
he desires TO expend this $500, 600 In
THE CONSTRUCTION OF THE RESERVOIR OUTLET.
In raising embankments on that portion Of the
hats northwest OF the Long bridge, and in dredg
ing the Washington and Virginia channels below
the Long bridge, and th't he has been informed
that claims have been fled to title OF portions OF
this improved territory.
The controller holds that section g Of the act OF
'S6, Is capable OF two constructions; First that
until the nnal decision no moneys appropriated
up TO August 8, 1885 shall be spent and next that
appropriated shall Be expended except under GER
tain circumstances section 4 OF the same act,
provides ior the securing by the Government OF
proven.
"were 1t not for section T." continues the Con.
troller, 81 think that the safer construction would
that until nnal decision by the court no moneys
appropriated at any time could be spent But sec.
uon enacts that the value OF the interest that
may be found In favor OF any claimant shall be
computed,
EXCLUSIVE OF ANY IMPROVEMENT MADE
by the United States; Or that the ordinary form
for computing damages shall be followed. That
being so it Is dificult 10 how the Governments
liability can be increased, because. howsoever
much work or improvement may be put into these
mats the amount OF damage 10 or the value
OF the interest OF any claimant must be
a az any time figured without respect to the
Governments Improvements, Therefore, what
ever money may be properly and prudently spent
upon improvement or navigation OF the river may
Clearly the third item OF the expenditure he de-
sires TO make dredging the channels below the
Long bridge falls.
DIRECTLY WITHIN THE IMPROVEMENT OF NAVIGATION.
Improving the navigation OF a river may consist
Of two things: One, dredging the channel; the
other preventing the soil adjacent to the channel
from sitting into and choking It. These two
forms are necessarily erdependent. There
fore, IT, in the judgment OF the
War, the best and safest disposition Of the dredg
ings made In improving the navigation OF the
river Is 10 place them on the aats think IL fol:
lows that those dredgingS should be so disposed
upon the nats as TO prevent them, and, possible,
the subsoll upon which they are placed, from
ppns 1otI tae Gnanne Oh tne a Se i've
or purpose OF the reservoir outlet i cannot,
therefore, answer the question as 70 the propriety
OF any expenditure, II made thereon, and can only
say that II IL be shown that such an expenditure
can be properly and reasonably considei ed part
oI,oss Of the Improvement OF navigation 1t may be
The controller gives brief history Of the legis-
lation looking TO the improvement OF the river, In
ns as n snSes a ryes
and, at the same time, to cover up the unhealthy,
ursightly and noxious nats lying along the front
OF Washington" He then cites the decision OF the
Supreme Court in The case or Piatt versus the
Union Paclnc Railroad Co, stating that at Is
proper TO look at
TIE PARAMOUNT oBJscT WHICH CONGRESS HAD IN
- -.-..--,, -vlEWys..-
as well as the means oy which It is proposed to
accomplish that OBJECT. The Controller then re-
marks: applying that rule to the present case,
we find the War Department engaged In q great
work OF tasting public Improvement, under con-
tinuouS appropriations or Congress This work
is, however, interrupted Dy the ming oil claims
which, whether valid or invalid, constitute. for
the time being,
cLoRD UPON THE TITLE.
Congress has manifested its desire to continue
the Improvement, and TO get the benentof the
money already expended, SO far as 1t is consistent
with public economy In view OF the pending liti-
CATION. In conclusion, therefore, 1 am oropinion
tnat any expenditure, legitlmateiy and properly
should be approved by this Office, IL being
understood that the money will be expended un-
tion OF tue secretary OF War, IN whom the law has
imposed the chief control or these matters, and
tnaL satisfactory evidence OF the proper eApendi-
ture be nied with the engineer officers accounts,
Nearly Six Hundred Acres Reclasmed.
COL HAMS RKPoRT ON THE RIvKE FLATS nPRov.-
MENr.
The report OF operations on the improvement OF
the river front during August has been submitted
to the chief OF engineers by Col Hams, the engi-
neer In charge. The work during the month cost
S, 5,6Os.69 and was almost totally confined TO the
reservoir outlet Piles were driven for the founda-
tions OF the wing walls on the upstream side or
tue structure and The construction OF the Golfer
dams was commenced. With view 10 commenc-
1Eg dredging operations under the appropriation
IL, 1888, construction OF embankment, by hred
dredges, was begun on August %. Al the end Oh
the month the dredge "Roiand" had worked about
nfty-nse hours and the "Allanta" about twenty
six hours. About $40 cubic yarus were exca-
waited and deposited ny the Two machines. In exc
cuttOn OF the project aimed at there has been
dredged q channel $50 10 500 feet wide and 20
feet deep between GeOi getown and GiesbOrO Point
The Washington channel has been dredged TO q
width OF $50 feet and depth Of 20 feet An the
material Is being deposited on The hats, and up 70
the present time about 544 acres have been re-
claimed from the overflow al ordinary high tide.
OF the 12 OO0, 600 cubic yards needed TO MI the
fats TO shS reQuli ed height there has been de-
posted on them about 65l1, 900 cubic yards Dur
Ing september WORK 1t the reservoir outlet and In
forming embankment win be continued.
The Eastern Branch Bridge.
COL HAIHs' REPoKr OF TIE PROGRESS OF THE WORK.
Col Hams report OF operations on the construc-