The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-09

tain docks or wharves, Is, by sectiJh OF
this act, made to depend upol obtaining
deep water by the corporation win private
capital. | am of the opinion that the act
under consideration applies only to such
corporations that obtain deep water Wiz
private capital, over the bars, la the Gull
OF Mexico, acting under and by authority
OF an act of congress, and that snid act
can not and does not apply TO Galveston
Island and other harbOrs upon the SeXds
coast. where deep water is Obtained under
the supervision and at the eXpeDss OF the
general government. III ! au wrong In
the above conclusions, and hy this do 10,
mean to intimate that l have any doubt
as. to the correctness of my con .tusions
there are other insuperable objections t?
the Issuance of this patent wnl.l | viii
proceed to state. The purchaser, realizing
the necessity for accompanying his appli-
cation to purchase the land. with the copy
OF an act of congress as required by the
act, has filed with his application what he
contends is the necessary act of congress,
which is as follows;
whereas. by Section 10 of an act of
congress, approved March g. 1899, entitled
An act making appropriations for the
construction, repair and preservation OF
certain public works on rivers and har-
bors, and Tor other purposes" 1t Is pro-
Yided that IL shall not be lawful to build
or commence building OF any wharf, pier
dolphin, boom, weir, breakwater bulk
head, jetty or other structures in any port
foadstead, haven, harblr, canal, navigable
river or other water of the United States
outside established harbor lines, or where
no harbor lines have been established. ex-
cep' on plans recommended by the chief
OF engineers and authorized by the secre-
tary OF war, and 1t shall not be lawful
70 cHcaVate or fill, or in any manner to
alter or modify the course, location con-
dlUon or capacity of, any port roadstead,
haven, harbor, canal, lake, harbor or
refuge, or Enclosure within the limits OF
any breakwater, or of the channel OF any
naVigable water OF the United States, un-
less the work has been recommended by
the chief engineers and authorized by the
secretary o: war prior to the beginning of
the same; and
Whereas, The East End Pier, Wharf
DOCK, shipping and Terminal railway
company has applied to the secretary OF
war for permission to excavate in Calves
ton bay Texas, in front of the applicants
property and outside of the established
harbor lines at said place. for the purpose
OF ililing In adjacent property within said
harpor lines; which work has been recon-
mended for approval by the chief engl-
named W.
NOW, therefore, this Is to certify that
me secretary of war hereby gives unto
the said East End Pier. Wharf Dock
shipping and Terminal Railway company
permission 10 eXcavate in Galveston hav
IeNas, IN front Of its property. and ouf.
SIDE OF the established harbor lines. at said
pace for said purpose, subject to the fol-
lowing conditions: 80
J. That none of the material SO exca.
- 40
existing harbor lines. and the United St,tes
shall IN no way be liable for any damage
that may be caused to adjacent propertv as
a result OF said excavation.
mat no tolls shall ever be charged
Tor the use OF any channels formed nv Tho
exca yations herein permitted.
q Ihat the work herein permitted Ia he
aoue snall be subject to the sunervision
9hu approval OF the engineer officer of tbe
cality &c OF the To-
1899. r &C w SiS VA, uay Of March,
Acting Secretary Of War"
81, 20 MOI believe that this particular a.,
% congress Is embraced within eitbar ~
ietter or the spirit of the state sfatnto nr
~ ans manner comes up to the ren,,ire-
nehts OF the statute But n II aid tba AZ
noot. isS9eo 10 the East End Pier Wharf
fF'uS ana Terminal RaiIwnr
company by tho acting secretsry lava" 20
tr,ports TO Be and in fact is nothing more
S man ~, a permit to obtain earth or material
- juggling In Galveston bav outsiaa - |
q inc sarbor line for the purpose Of fll,ng
line sul s,a property inside of the harbor
norstion alTa 70 be owned by said cor |
7 pol".lon Under any view az tho statn,n
ss,a mere permit 10 obtain earth to An in
Seam con y, property can not be construed as
: compliance with Texas statute nnaer
consideration, The land IN onest,on u" a,es
r rppos's 20 De in conflict with the Menard
mama 1Tms' "a ana a. with a patented survey in the
Which o, Wallace. the patents to both Of
mnaca were Issued long prior 10 he az
u snpien purchase by the corporation in
res ~ conclusion J beg to state that for ,ne
!, ,sssons above given, do not think tba,
snss pa,sst N question can be lawfully is
null ana void '9s'e u "ouid be
r,i,tsd 'e"nn return YOU the patent sun
'u 70 me am. very respectfully.
7. S. Smith,
Attorney General