The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-11-15

cred or liable 20 b damaged by Howage
through the rising of waters in Salmon
BAY or Lake Union, in consequence OF the
proposed Improvement OF the waterway
connecting the waters of Puget sound a.
Salmon bay with Lakes Union and Wash
ington. as provided for in the river and
harbor act OF August IL. 1891. / beg TO
inclose for your information 3 copy OF
the adverse opinion of the comptroller
OF the treasury, dated October 80, TO whom
Was referred for decision the question as
to whether 5000 of the appropriation
made by the aforesaid act could be spent
on . survey, which Capt Symons, Of the
engineer corps, reports would be necessary
to arrive n q knowledge of the iniorma-
ton desired by your correspondents. Very
respectfully, JOSEPH Il. Doe,
"Acting Secretary OF War.
"Hon. Watson G. Squire,
United States Senate"
"OFFIcE OF THE CoxprRoLLERl
'oF THE TREASURY.
"WAsHrssroS, ID. c. Oct. 81. 1884.
''The Honorable the Secretary Of Var:
Sir-I am in receipt, By your reference, OF
O letter from the Hon. Watson G. Squire.
TO your inclosing certain papers relating 10
the proposed improvement of the water
way connecting the waters OF Puget sound
at Salmon bay with Lake Union and
Washington It appears from said inclos-
ures that the Chamber of Commerce of
the city of Seattle. the municipal au;hori-
ties Of the cities of Ballard and
Seattle, and the county an
tborities Of King county. propose jointly
taking the necessary steps Tor securing the
right-of-way for said improvement In
order 10 secure the right-of-way and re-
leases from liability, il is necessary 10
know definitely the lots. blocks and par
cels of ground, the conveyances Of which
will be required by the government for
the purposes of the improvement. and
also the ownership of the adjacent
property In whose favor liability
might be incurred. The committees
of the above named bodies therefore
ask your department TO furnish them the
precise area and boundaries upon the
ground of the proposed right-of-way and
the area and boundaries of the adjacent
property which will be liable 10 be dam
aged by overflow on account OF said i'm
provement.
1.-THE chief of engineers of the army
makes the following statement:
"Capt. Symons has reported to this
Office that, in order to arrive at knowl-
edge of the different parcels of land
needed, and of lands from which ease
msnts and releases would be required. it
will be necessary to lay down upon the
ground the canal right-of-way and the
upper limits of all lands adjacent to the
VI u
which will be changed by the construction
of the canal, and from actual surveys, to
construct cadastral map showing each
piece of property required to be decided TO
the United States, or from which a release
is required. with their metes and bounds.
He estimated that this will cost about
5000
".Undsr the circumstances, that the
lands to be donated cannot be designated
until this survey Is made, 1t is recon-
rnended that the question as TO whether
IS 600 OF this money can be spent on .
survey, be submitted to the comptroller of
the treasury. If his decision should be
adverse, then the part who propose 10
make the donation could have the survey
made A. their own expenss and in accord
ance with the recommendations Of Capt.
Symons.'
In accordance with this recommends
ton you ask for decision upon the ques-
tion OF the present use of the sppropria-
ton for said work, for the purpose lndi-
Gated by the chief OF engineers. The ap-
preparation for the work is found in the
river and harbor appropriation act passed
at the last session of congress, and reads
as follows:
"'For dredging Salmon bay and the I'M
provement of the waterway connecting
the waters Of Puget sound at Salmon BAY
with Lakes Union and Washington, by
enlarging the said waterway into a ship
canal, with the necessary locks and appli-
snces in connection Herewith, SIS 600;
provided, that no part of said amount
shall be expended on the improvement
until the entire right-of-way and a release
from all liability TO adjacent property-
owners have been secured to the United
States free of cost. ana 10 the satisfaction
OF the secretary of war.'
"It has been the practice in the Office of
-.
priations for the improvement of rivers
aud harbors IS available for the payment
OF the expenses preliminary 70 the actual
work OF improvement, such as the prepsr-
alton OF plans, actual surveys.
and the expenses incident TO The
acquisition of the necessary lands
or easements. IN this practice this
Office concars. for the reasons that such
preliminary expenses are an incident 10
and therefore necessary part OF the actual
Improvement for which such approuria-
tons are made. Ii such expenses can be
paid from :he present appropriation il ia
only because the appropriation reads
for The improvement of the water
way connecting the waters of
Lakes Union and Washington. bu, the
prawiso 10 said Appropriation also reads.
Here ls repeated the language OF the pre-
cediug paragraph The words used ia the
pgoylso. prohibiting the use OF any part OF
ths appropriation Until the Fight-of.way
and releases required have been Sc
cured free Of cost - the United States
are laenucally the same as the words
used in she clause making the appropria-
tion itself The prohibition sesms 70 be as
bsosd IS the Appropriation. II, therefore,
The expenses ia question could have been
pasf from The appropriation their payment
Is prob lbitea by The proviso because no
part 81 the appropriation is 70 be expended
until ghe entire F5eht-os-wsy and q release
OF al liability TO adjacent property owners
- secured 10 the United States free of
cost
IN ansWsr TO your question must
therefore, say that the appropriation Is
noE available Tor the purposes md Gated BY
ths chief q engineers Of the army Re-
suscsfu.ly yours n r. nowIES