The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-06-25
Big BRIDGE REPORT
All Plans Must Be Sub
nnitted to the Secretary
of War.
GENERAL LIEBER'S DECISION
Uncle Sam Not Responsible for
General Safety but III ust APP
prove Everything.


Advocate General Lieber, Of the Army.
has submitted the following report to
Secretary Alger on the Hudson River
Bridge case:-
AS set out in my report on the Hud-
son River Bridge matter, dated March
20 1855. the act authorizing the construc-
ton Of the bridge required the company
to, within one year of the passage of the
act, submit to the Secretary of War for
his approval. drawings showing the loca-
tion and general plan of the bridge ana
Its approaches. 1t also requires the conn
pany to comence the construction of the
bridge within one year after the approy-
al of this location and general plan, but
1t requires it to, in the meantime, also
submit to the Secretary of War, for his
approval, All the plans and specifca-
tions, with the necessary drawings of
said bridge and that before these are
approved the construction shall not be
begun
The drawings showing the location
and general plan were submitted by the
company In due time, and were approved
by the Secretary of War, March l3, 1896.
On March 10, 1897, the company submitted
'Alp the plans and specifications, with
the necessary drawings of said bridges
and the question now is, whether they
shall be approved by the Secretary Of
War.
THE chief of engineers says that he is
of opinion that the Secretary of War
approved in the first set all that it is
necessary for him to approve because
that set was sufficient to show to what
extent the bridge would interfere with
navigation, and that the Secretary OF
War should have no concern with 1t ex-
cept as it may interfere with navigation,
and therefore he recommends that the
Secretary of War take no action on the
papers now substituted. But the law
clearly requires that the company submit
to the Secretary of War all plans and
specifications, as above stated. for ap.
the construction shall not be begun
Il therefore do not concur in the view
that the law contemplated only that the
drawings showing the location of the
bridge and its approaches and the general
plan OF the same, should be submitted to
and approved by the Secretary Ct War:
act that even should any change be made
in said plans (said plans being the plans.
etc., referred to in the phrase all plans
of construction, such changed plans shall
be submitted to said Secretary and ap-
proved by him before made.
II think 1t clear from the act that to
comply with it, all plans and specifica
tions must be submitted to and approved
y WRas sh faan1s Of Of tss Wsr b,
be intended to represent or describe
concur with the chief of engineers that
the duties of the Secretary of War ex-
tend only to the protection of the interest
of navigation, and that the act did not
contemplate more than that. But that is
law requires all plans and specffcatfons
70 be submitted to the Secretary of War
fer approval. The congress apparently
did not see. fit to leaoe 1t to the company
to say that certain portions of its plans
and specifications had no bearing on the
interests of navigation, and that. there
Secretary of War. but thought proper to
require all to be submitted; with the un-
derstanding, doubtless, that the Secretary
Gated unreasonable interference with or q
considerable future danger to navigation
An ana; ~, IN my my opinion, It Is not necessary
than this in his consideration Of and ac-
tions on the detailed plans and specifica-
prevail
An approval of this character would
not make the United States responsible
for the strength or safety or Stability.
etc, of the bridge, or place any respof,,
sibility on it at all in regard to the
bridge; nor would it make it necessary
Tor the engineer officer in charge to see
kthat the bridge was built according to the
detailed plans and specifications, except
to see that nothing was done that would
interfere with or endanger navigation
more than the approval of the plans and
specifications was intended to permit
Ny recommendation is that the plans
and Specifications su omitted be approved
unless they indicate that bridge built
secording to them would unreasonably
terfere with or endanger navigation.
This recommendation is made under a
-ew held by me that the provision OF the
law that the construction of the bridge
shall not be begun until these plans, etc.
are approved, prevents the one year in
which the construction of the bridge shall
be commenced Zone year from the ap-
proval of the general plans, etc). from
expiring until this approval is made and
the company is informed of it; and on
condition that the Secretary of War con-
ours in that view, or holds ON some other
ground that the act authorizing the bridge
is still in force