The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-01

r.
wise removing all obstrictions from mo
banks and bed, Of said Cansy beiow what
| Was at the time OF the passage of rhe a.,
and what at tho present time N NV ontn,
ion 10 below low water navigation o. satd
Ssncs fer each and every mile from
inompsons bridge 10 Gibson's plsn atoo.
ID to-loo miles up said Caney All
OF said work being from Tho,nn-
sons bridge 10 Gibsons piantstio,
Is fo-loo milss on said Caney. and that
tnere was no necessity for cutting canals
through shoals. oyster banks or any bend
or bends OF said Clney. And further CIR
NY rnat the number OF miles worked on
in said Caney by sa.il contractor ID 10 75-1OO
miles. r. A. Wsshin ston
| Engineer.
state Of Texas, county OF Galveston. BE.
fore me this day, jobs s. Shields, a notary
puoiil Tor galveston county, duly commis-
stoned as such, personally appeared before
the undersigned T. A. Washington. to me
we'll known, who being duly sworn. makes
cath ei-d says that the matters ami things
set forth igs the above certificate are true,
ID testimony whereof have signed my
name and affixed my official seal Mt my
Once In the city OF Galveston this. the
18th day OF December, 1876.
John s. Shield.,,
tseal.) Notary public.
i CID The saftl certificate set out in the
last ebove finding was materially false
/
| Washington for the purpose of enabling
the contractor to secure the ssuanse o. the
certihcates therefor, or else he was gulln,
OF such gross neglect and misconduct in
making an examination of slid stream AZ
said time as would imply fraudulent pur-
pose on his part. ana that said certificate
was not made by sail eng sreer in the exer-
else of an honest judgment as TO the char
acter of work done on said stream or the
{. facts stated IN said certificate.
| u2.) AS to the San Bernard river find
| that the commissioners appointed TO let
| the contract and superintosd and co troll
the work of cleaning out safl stream dia
antfr into the contract set out IN tbs fifth
finding herein, but they never directed,
| superintendent, controlled or in any man
ner designated whtTe or how any work was
| TO be done unler said contract aid did
nothing hut make tho contract and inspect
the work in company with the engineer,
Washington, after the work was claim ed 10
have been completed by the contractor.
Two of said commissioners approved the
work done on this river, the third disap.
proved It,
| 49, That no work was done by the con-
| tractor OF the character called for in sail
act Of the legislature ON said Sam Brlarl
| river from the mouth of said river to the
Minis place. distance of twenty-five miles,
and that there were no distractions to
navigation on said part OF said strenm for
| such boats as then usually navigattd the
| same. and no trees on the banks OF said
stream On this part of the same watch
would likely interfere with navigation. aus
| no wo.k was necessary an said part of said
stream unGsr said law and contract; and
there was channel more than sixty feet
| "" { in sa sream for said distance free
from all distractions to navigation below
what was Men considered too low water
for navigation. and there We're no trees
| along the banks likely to obstruct naviPa-
| Inv ~; 49, ~.
lime that said act was passed, and said
contract for cleaning out said river made.
G4) find that work wa,s done by the col
tractor on said Bernard river from the
Minis place to the head of navigation
| thereon, distance of 30 "a miles of the
character provided for in said act, aud it
| is not shown by preponderanee Of the
evidence that said work on this 30 "a
| miles of said river was not done in sub
| stantial compliance with the provisions of
| said act and contract.
| Is. That T. A. Washington. the engineer
| appointed TO inspect the work dor, on tho
San Bernard river. did inspect same aud
| made the following certificate:
| /, 7. A. Washiigor:. engineer acting by
virtue Of appointment made by Hon. Rich
Z! ard Coke, governor of the State of Texas.
in pursuance of an act of the legislature
siyed AN act to improve the navigation
Of Oyster creek. Bernard and Csney. in
the State of Texas and approved March
| IL, 1873. having heeY called upon by John
| II. Gibson, contractor, TO examine tina
| work done by him on Bernard river be-
| tween the mouth and a point ON said river,
| have inspected, examined and passed upon
each and every mile of said river opaned
and freed from Instructions by said con-
tractor, and found upon inspection that the
said contractor had thoroughly cleaned out
q channel in said river at least sixty feet
In width by cutting, saving off, digging
MI nd ~ bnr siga me atI nhc
tons from the bsks and bed OF saii river
below what was at the time of the passage
of the act, and wtilt at The pres nj time.
il my opinion, is below low water naviga-
ton OH sad river. for each srd every mile
from the mouth to Il poirt So 75-lO0 mi es
on said Bernard river, and that there was
no necessity for cutting cacals through
shoals. oyster banks or any bend OF b mas
of said river, and ! further certify that Che
4 number of miles worked on ipissid Bernard
river by sasid contractor is SIS "a miles
T. A. Washington. Engine
State Of Texas. County of Calves.
ton Beore me this day John s
Shields, notary public for Galveston
county huly commissioned az such
rersonsiiy appeared before the
undersigned T. a. Washington to me well
known, who being duly sworn makes oath
and says that the matters and things sci
forth in the above certificate are true.
In testimony whereof have signed my
name and affixed my official seal at my
Office in TIE city of Galveston this, the
18th day of December A D. 1876.
tSeal) john S. Shields.
II Notary Public
G6) find that the certificate of r. A
Washington. the engineer, as 10 work done
by said contractor on the twenty-five mile.
CT inl,d Bernard river from its mouth 10 tn,
Minis place WIS false AMI fraudulently
made.
| m 4 find IN, contr,cfor for s,,f
streams, his agents and representatives Sc
cure the issuance by the commissioner o
the general land office, OF the certificates
Nos. 447 to $50. involved in this suit, TO
TIE thirteen and three fours'a miles OF worl
on Caneg creek, and Of two hundred of til,
446 certificates Nos. TO 446. inclusive fO
the twenty five miles on sln Bernard rive
frcm its mouth to the Minis place. b.
, mears OF the false and fraudulent certi
ficates OF said T. A. Washington. engineer
and alss by 1ns,sns Of other false and forge
instruments and false AMI fraudulent rep
RESERVATIONS made by said parties TO salt
commissioner Of the land office Of Tsxas.
tis.) That A. NJ Hobby was the hnspcla
hacker OF said coEtIacto. sui his author
lied agent In all that :;e did TO procure tn
issuance II said certificates.
t19) That the defendants and those unda
, whom they claim, had notice OF the failur