Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-06
BLOCKED BY OLDLAWS
From Making Radical Changes in the
Lines of the Harbor.
VALUABLE GRANTS MADE BY PENN
Questions to Be Determined by Conference
of tfficials
PROBABILITY OF MANY LAW SUITS


The statement of United States Engineer
John w. Arris that the new harbor lines
for the rivers now being prepared BY the
Government for the two cities when fixed
would result in numerous lawsuits for the
recovery of land taken by encroachments
made by abutting property owners caused
considerable discussion among those inter-
ested Yesterday. 1t is looked upon as a
good Joke by some people, and accepted
with fear and trembling by others
Colonel Roberts, engineer for the Monon-
gahela Navigation Company, was asked for
his opinion on tho subject The Colonel
was loath to talk, because he expects to have
something to say before the proposed harbor
lines are accepted as final, but among other
things he said: 'The subject is one of very
great Importance, not only to the interests
of navigation, but to Riparian owners who
have, under the Pennsylvania State laws,
or what is to the same effect, the official re-
port of the Commissioners of 1885, extended
their claims to low water lines as then es-
tablished. In my last conversation with
Colonel Merrill, under whom the Govern
ment surveys were instituted, be stated
that as far as possible the new lines would
follow the old ones. He seemed to appre-
ciate tine legal difficulties which would arise
if any empirical lines were to be now drawn
IN total disregard to rights acquired under
the statutes of Pennsylvania
VIII Be Decided at a Conference
.'Of course all the general Government can
do ,ri II ha 1il-ely m 10 10 uira
of abutting owners that they do nothing to
interfere with the freedom of navigation of
our rivers 1t is only an incidental ques-
tion with the general Government as to the
liability of encroachments upon our rivers
increasing the height of floods, etc. The
parties liable to be damaged by such in
crease in food heights are the parties most
concerned in the determination of such
lines. What should be done, and no
doubt what Will be done, before these lines
are finally drawn and pass into the form of
q law, is that a conference should be held be-
tween the United States, the State, county
and city authorities, and the lines then deter
mined upon to be recognized forever as the
established harbor limits and high and low
water lines of the rivers in this vicinity.
''Harbor lines for Pittsburg should GER
tainiy not be prepared in Cincinnati, but
in this city, where the people interested
could be consulted. The idea OF laying out
new lines originated with the Chamber of
Commerce and it was the intention to have
the State do the work, when Colonel Bayne
jumped into the breach and introduced q
resolution in Congress calling on the Gov
eminent to do it My impression is that
hay wagon can be driven through this Con
gressional act in the courts. There is no
doubt that the lines laid out by the State
would be improved in some places i
A Menace to Navigation.
drawn is SO sharp that big steamboat that
would entirely fill the lock couldn't get
through on account of the abrupt curve.
] can't imagine what the engineers were
thinking about when they drew the line |
There are no cases that judges naturally |
shrink from SO much as the determination |
OF riparian rights, for the reason that pre- |
cedents are few and so many old laws have |
to be considered. The land grants away |
back in the time of Penn can't be ignored.
If you remember the old pickle factory
out Second avenue delayed the Baltimore
and Ohio road from coming downtown for
five years In this case Penn had granted |
the original owner the right to drive his
cattle to the low water mark, and long
drawn out law suit was based upon this
privilege"
When United States Engineer Arris was
asked if the Government would follow the |
State harbor lines he said: 81 don't know
/ don't think anybody knows. 1t strikes |
me it would be establishing q bad precedent
as the Government is laying out harbor
lines in other places, and if the rule was
established here people would insist on its
adoption elsewhere. l can say that the
Pennsylvania harbor lines were not drawn
in the interest of navigation. The work
was done by commission in 1858 and poll
tics had a good deal to do with it. At the
time the people thought it was big thing.
In some cases the line is inside of the bank,
ard In other places it is a hall mile or more
outside"
A Political Possibility.
''Do you mean to intimate that if poll
tcian wanted a certain piece of land the
line was fixed to suit hinl?"
'Well, people can draw their own con-
clusions. You can see from what /
have said that the Government cannot be
blamed if the old State lines are not fol-
lowed. The harbor lines for Pittsburg and
Allegheny will not extend very far beyond
the city limits They will not reach Home
stead. Ii the mill owners in Braddock
have filed in, and l understand they
have there will be no redress
for the present. The Baltimore and Ohio
and Pemickey roads are beyond the State
lines in many places. Stretches of both
roads half mile in length or more are in
side the limits 1 am not sure about the
Pittsburg and Western on the Allegheny
side. 1 think the West Penn is all right
This road was built in the bed OF the old
canal which makes the best kind of track,
for the grades as rule are slight 1 know of
a number of factories on the Southside
where the buildings are located altogether
outside of the State lines The original
banks of the rivers have been appropriated
and pushed into the stream in many in
stances. The indications are that a number
land will follow the establishment of the
lines
Mr. Airs repudiates many sensational
attributed to him.