Morning journal and courier., 1893-03-24
THE PAwcArUoK

IL
COmmissiOn Report to Governor Nor /
rls That They Cannot Agree-They |
Were Appointed Three Years Ago.
In 1857 the Rhode Island legislature APP
pointed commission to try and settle q |
dispute between that state and Connecticut |
over the Pawcatuck river and the damage
done by the overflow of the same to the |
villages Of Pawcatuck and stonington. In
1889 our legislature appointed Hon. N. D.
Sperry Of this city, Hon. n. A. Shumway
Of Danielsonville and P. B. Greene Of Nor
witch commission to investigate the mat
ter for Connecticut and extended the oper-
alton Of the existing resolution SO az to
cover inquiry regarding all distractions
from high water mark to the mouth Of the
river. The river divides the two states in
part, and Connections claims that Rhode
Island should pay the damage done by
freshets, while the latter state claims that
Connecticut should pay her own damages.
The report Is as follows:
To His Excelency, the Governor Of the State Of
The comnis.ioners appointed by the governor
Of the state Of Connecticut pursuant to the reso-
e
proved May A. 1887 and April a. 1882 respect
That the Joint commission of the states of
Connecticut and Rhode Island at its first meet
ing, held at Westerly, R. L, elected Hon. ]. Her
bert Shedd Of Rhode Island az chairman and
Hon. William A. Shumway as secretary of the
joint commission.
That the commissioners have met as state
commission, and also as joint state commits
sion, many times and at several places.
That large amount OF material pertinent to
the work has been obtained. .s~1.
That satisfactory agreement as to the loca-
ton Of encroachment lines has been reached for
locality known as the "oid ahipyard'' to the
mouth of the river.
That eneroachment linez for two miles of the
sion, extending northerly from said ssold ship
yard" have not been agreed upon
sraai samage oSnp to obstrnctions whch pre-
| vent the safe discharge of the Pawcatuck river,
efi &C. probable and may Do attended by loss
That the main distractions are in the state Of
That in constructing the railroad now known
as the Proyidence division Of the New YORK, New
provided at the locality known as Pawcatuck
| Bridge and Westerly, for the discharge of the
Pawcatuck river and its drainage area. That the
| abutments OF one Of these bridges were not less
i than 10 feet apart, and the abutments of the
| other bridge not less than 60 feet apart That
to low leye Of
tie river and the canal near the railroad cross
age area, was in large part discharged through
That in 1885 the relief afforded by the ability
of the river to flow under the canal bridge, as
aforesaid, was partly, or wholly, stopped by the
filing in OF the trestle work Of the railroad ad-
jacent and north of the main tracks Of the rail
| road.
That in 1885, the canal bridge, at the main
trackSof the railroad, was completely filed in
and the said bridge abolished.
/ b0lnp
at that time virtually closed by reason Of the
freshet water found '9 vent under the highway
bridge. at "Pawcatuck bridge - town of Stening
public and privats propsrsy in Connsctcut te al
amount estimated ct $4,000. That these dam
re@ain s the demage fFOW tn
prevention of discharge OF water through tn
canal bridge.
| inches higher above the railroad bridge than be
low it. That this was caused by damming tn
bridge fS That we have not
Westerly is at fault in the matter of closing thu
That in 1883 great anxiety prevailed. and larg
!. | damage was only averted by the cessation Of tn
, rainfall. That in 1891 the situation again becam
ington made active preparations to guard, as ia
as possible against a repetition of the disaste
That from the railroad crossing the canal ez
tended southerly to and below the present high
way bridge, across the Pawcatuck river at Paw
| catuck BRIDGE and said canal occupied to q cor
siderable extent part of the original river bed
, | That the plate girder highway bridge acros
| the Pawcatuck river At Pawcatuck bridge is a
{ | obstruction to the safe discharge Of freshe
waters
That the dam below said highway bridge is, i
, | its present condition, an obstruction That it
alleged that this dam has been shortened by s
feet, all of said 80 feet being upon the Rhode Is
longer has legal right .1 to exist st. ,.o.
1 hoop t11i1t in ha riv
| the water flows underneath some Of these strue
, ures, but that the piers and foundations of sai
5 other than factories have been built over til
That on the connectcut side Of the river " "a
tories aud other structures have been built owe
the river, but that they obstruct the river to
That on both sides of the river docks have bee
built out beyond the original river banks: Tn,
in most instances these docks are distractions
Therefore, we decline to recommend encroacl
t ment lines which sanction existing encroacl
! ments and distractions, perpetuate existing evi
' | aud throw the burden of damages upon Connec
The effort has been made to agree upon ell
9 croachment lines which would bring about pul
lie TO TO
action on the part of the Rhode Ialand commi
: | soners recommending the removal of certai
!. 1 fruitless.
The Joint commission agrees that sol squal
miles is the area OF the drainage area Of tt
Pawoatuck river and its tributaries seekin
Q outlet at Pawcatuck bridge and Westerl!
Also that the safe discharge Of from IL, 600 cub
be pso.dea for Trough
] sIfuetares win b bull. along the encroas1
great volume OF water will be confined with
Z establish the eneroaohment lines at such di
a. so se Of t6a
!, admit OF safe discharge Of the expected voluu
!, It has been suggested that Connecticut cou
protect herself by building dyke from the we
}, abutment of the railroad bridge northerly
!: meet the bluffs In the nsighborhood Of tt
> wooden mills near stillmanvie. The cost of CO..
!, requirements would be large. And as the nece
!, sity for it arises from acts done in the state
ba the ssouS that on
b cut. Neither should Connecticut be held respo
stpue.io to- q said dyEe But tbs suggestion ~
J, | dam to hold back the freshet waters does NJ
. | meet with our approval.
We recommend that action be taken by Ii
general assembly to compel the removal Of an
and all distractions that prevent the safe di
, | charge Of the river and the drainage area Their
4 Of. And we suggest that, as before the buildin
Q Of the dams at Pawcatuck Bridge and stilImal
vile, the tide ebbed and flowed above these place
9 that the action recommended might be brougf
| in the United States court.
/, | gest that the powers Of the commissioners
Connecticut be enlarged to cover the aforesai
: suggestion as to the removal Of distractions til
q same to become operative when Rhode Islam
confers like powers on her commissioners an
q that then reasonable further effort be made t
!. | secure an amicable arrangement of encroacl
: | ment lines. We also suggest that the prope
q | steps be taken to provide for condemning q
| necessary land and property for the require
r | improvements, and for proper assessment {
. | the benefits and damages resulting therefron
7 Also that the pay and necessary expenses of tn
commission be provided for.
All of which is respectfully submitted,
N d. SPERRY.
.s. -.----..5z M. A. SUBWAY,
, P. B. GREENE,
Commissioners PawcAtuct River Encro acl