of it be furnished the president of the Wheeling and Harrisburg Railway Company, with request that he signify in writing in behalf of his company its acceptance of the conditions and requirements of the Board, and furnish for the files of this office the requisite drawing showing the location and plan of the bridge as prescribed by the Board. Previous papers herewith. [Second indorsement.] H. G. WRIGHT, Chief of Engineers, Brig. and Bot. Maj. Gen. The recommendation of the Chief of Engineers is approved. JOHN TWEEDALE, Chief Clerk. WAR DEPARTMENT, November 3, 1883. REPORT OF BOARD OF ENGINEERS. ARMY BUILDING, New York, October 30, 1883. GENERAL: The Board of Engineers convened in New York by paragraph 1 of Special Orders No. 140, dated Headquarters Corps of Engineers, October 15, 1883, "to consider and report upon the plan and location of the bridge proposed to be erected over the Ohio River at Wheeling, W. Va., by the Wheeling and Harrisburg Railway Company," would respectfully submit the following report: The Board met on the 30th of October in the Army Building, in New York City, in the presence of representatives of the Bridge Company, and of the Coal Exchange and Chamber of Commerce, of Pittsburgh. The orders and instructions of the Board, and the accompanying papers, were then read. From the latter it appeared that the Wheeling and Lake Erie Bridge Company proposed to abandon their authorization for erecting a bridge over the Ohio River at Wheeling, and that the Wheeling and Harrisburg Railway Company were desirous of obtaining from the Secretary of War authority to erect a bridge on substantially the site which the other company proposes to abandon. Since the date of the approval of the plans for a bridge which were submitted by the Wheeling and Lake Erie Railway Company the Ohio River bridge law has been amended by Congress, and wider channelspans are now required. As the new bridge company is obliged to conform to the bridge law as it now stands, the new bridge will be compelled to give a channel opening of 500 feet instead of 400, and in other respects it will be much more advantageous to river commerce. After a full discussion and an examination of the plans the representatives of the river interest expressed their decided preference for the new bridge as compared with the old one and their assent to its construction, which preference and assent they had already signified in writing by a document addressed to Lieutenant-Colonel Merrill, and hereto attached as Appendix A. The Board of Engineers is likewise of the opinion that the proposed bridge as shown on the accompanying drawings is in many respects an improvement over the one previously approved under the old bridge law, but they would recommend that the span adjoining the channelspan on the east be changed to a "through" span. The new law requires that all river spans shall be "through" spans and the Board are of the opinion that this span comes in that category. The height of the lowest part of the channel-span of the proposed bridge is 90 feet above low water, which is the exact height required by law. The axis of the bridge is not quite at right angles to the current, but the clear width of channel opening measured at right angles to the current on the line of low water is 500 feet and the piers are parallel to the current, thus substantially conforming to the law. The Board would therefore recommend the approval of the proposed bridge as shown by the accompanying plans and drawings. Respectfully submitted. C. B. COMSTOCK, Lieut. Col. of Engineers and Bvt. Brig. Gen. G. WEITZEL, Lieut. Col. of Engineers. Brig. Gen. H. G. WRIGHT, Chief of Engineers, Ú. S. A. LETTER OF THE CHIEF OF ENGINEERS. OFFICE OF THE CHIEF OF ENGINEERS, SIR: The inclosed copy of the report of the Board of Engineers constituted by authority of the Secretary of War on the 15th ultimo, to consider and report upon the plan and location of the bridge proposed to be erected across the Ohio River at Wheeling, W. Va., by the Wheeling and Harrisburg Railway Company, is, with the sanction of the Secretary furnished you for the information of the railway company. The Secretary of War has approved the views and recommendations of the Board as presented in its report and desires that you signify in writing on behalf of your company its acceptance of the conditions and requirements of the Board, and furnish for the files of this office the requisite drawings showing the location and plan of the bridge, as prescribed in its report. Very respectfully, your obedient servant, GEORGE BAIRD, Esq., H. G. WRIGHT, Chief of Engineers, Brig. and Bet. Maj. Gen. President Wheeling and Harrisburg Railway Company, Wheeling, W. Va. LETTER OF THE PRESIDENT OF THE WHEELING AND HARRISBURG RAILWAY COMPANY TO THE CHIEF OF ENGINEERS. WHEELING, W. VA., November 12, 1883. SIR: In answer to your favor of November 7, 1883, I inclose an acceptance, addressed to the Secretary of War, of the conditions and requirements of the Board of Engineers with reference to the proposed bridge of this company across the Ohio River, and I inclose also the drawings requested by you. Be kind enough to advise me whether these papers are sufficient and satisfactory. Respectfully yours, GEORGE BAIRD, President Wheeling and Harrisburg Railway Company. General H. G. WRIGHT, Chief of Engineers, U. S. A. [First indorsement.] OFFICE CHIEF OF ENGINEERS, U. S. ARMY, November 27, 1883. Respectfully referred to Lieut. Col. W. E. Merrill, Corps of Engi neers, together with the previous papers, for his information, and with request that he will report whether the plan and location of the bridge within described conform to the requirements of the Board of Engineers, constructed by Special Order 140, Headquarters Corps of Engineers, current series. Papers to be returned. By command of Brigadier-General Wright. JOHN G. PARKE, Lieut. Col. of Engineers, Bvt. Maj. Gen., U. S. A. [Second indorsement.] UNITED STATES ENGINEER OFFICE, Respectfully returned to the Chief of Engineers. I have carefully examined the inclosed drawings, and find that the bridge thereon indicated, as proposed to be erected across the Ohio River, at Wheeling, W. Va., by the Wheeling and Harrisburg Railway Company, is in conformity with the report of the Board of Engineers, convened by Special Orders 140, Headquarters Corps of Engineers, current series, to consider and report upon the plan and location of this proposed bridge. The papers referred to in the first indorsement are returned herewith. WM. E. MERRILL, Lieut. Col. of Engineers. [Third indorsement.] OFFICE CHIEF OF ENGINEERS, U. S. ARMY, December 4, 1883. Respectfully submitted to the honorable the Secretary of War, for his information and with recommendation for approval. The papers were referred to Lieut. Col. Wm. E. Merrill, Corps of Engineers, for examination, and, as will appear from the foregoing indorsement, he is of opinion that the bridge, as indicated on the accompanying drawings, submitted by the president of the Wheeling and Harrisburg Railway Company, is in conformity with the report of the Board of Engineers constituted to consider and report upon its plan and location. Colonel Merrill was a member of the Board. 5908 EN112 Attention is respectfully invited to the inclosed letter from the president of the bridge company addressed to the honorable the Secretary of War. H. G. WRIGHT, [Fourth indorsement.] Respectfully returned to the Chief of Engineers, with the accompanying drawings, approved by the Secretary of War. By order of the Secretary of War. WAR DEPARTMENT, December 11, 1883. JOHN TWEEDALE, Chief Clerk. LETTER OF THE PRESIDENT OF THE WHEELING AND HARRISBURG RAILWAY COMPANY TO THE SECRETARY OF WAR. WHEELING, W. VA., November 12, 1883. SIR: I am in receipt of a letter from General H. G. Wright, Chief of Engineers, United States Army, under date of November 7, 1883, inclosing a copy of the report of the Board of Engineers approving the proposed bridge of this company across the Ohio River, and also informing me of your approval of that report. On behalf of the Wheeling and Harrisburg Railway Company, and by order of its board of directors, I have the honor to notify you of the acceptance by this company of the conditions and requirements of the Board of Engineers as expressed in their report. As requested by General Wright's letter, I furnish herewith for the files of his office the requisite drawings showing the location and plan of the bridge as prescribed in the report of the Board. Respectfully yours, GEORGE BAIRD, President Wheeling and Harrisburg Railway Company. Hon. ROBERT T. LINCOLN, Secretary of War. DD 3. BRIDGE ACROSS THE OHIO RIVER NEAR BEAVER, PENNSYLVANIA. UNITED STATES ENGINEER OFFICE, Baltimore, Md., October 27, 1883. GENERAL: I have the honor to forward herewith the report, dated October 25, 1883, of the Board of Engineers, convened by Special Order 31, Headquarters Corps of Engineers, March 21, 1883, to consider and report upon certain questions in connection with the bridge over the Ohio River near Beaver, Pa., erected by the Pittsburgh and Lake Erie Railroad Company. In addition to the papers mentioned in the report, three others referring to the subject, which seem to be of importance, are also sent herewith. Letter from Mr. J. H. McCreery, dated May 25, 1883. Letter from Assistant Engineer Martin, dated October 25, 1883. PHILADELPHIA, PA., October 25, 1883. The Board of Engineers convened by Special Orders No. 31, Headquarters Corps of Engineers, March 21, 1883, "to consider and report upon certain questions in connection with the bridge over the Ohio River near Beaver, Pa., erected by the Pittsburgh and Lake Erie Railroad Company," met at Pittsburgh April 3 and 4, 1883, and at Philaadelphia October 23, 1883. After carefully considering the matters brought before it, the Board has the honor to submit the following report: The questions presented to the Board for consideration, as shown by the various communications between the United States, as represented by the Departments of Justice and War, and the Pittsburgh and Lake Erie Railroad Company, refer to a failure on the part of the railroad company to fully comply with the requirements of the law under which the bridge over the Ohio River at Beaver, Pa., was built. The special instructions given to the Board as contained in a letter of the Chief of Engineers, dated March 21, 1883, are as follows: The Board will give the subject full consideration, and report its views and recommendations as to the best method of arriving at a proper solution of the questions involved, with a view to avoiding litigation with the railroad company. The papers laid before the Board by the Chief of Engineers were as follows: 1. Letter dated Office of the Chief of Engineers, United States Army, Washington, D. C., March 21, 1883, containing instructions to the Board as above given. 2. Letter to the honorable the Secretary of War, dated January 25, 1883, from the general solicitor of the Pittsburgh and Lake Erie Railroad Company, suggesting the selection of a Board of Engineers by the War Department to examine the questions at issne, with a view to avoiding litigation between the Government and the railroad company. 3. Report of the Chief of Engineers on above letter, which states that the questions at issue between the Government and railroad company have been referred to the Department of Justice, and are now in the hands of the United States Attorney for the western district of Pennsylvania; but in view of the wishes of the company to avoid litigation, and in the hope that the difficulties may be arranged to the satisfaction of all parties, it may be deemed advisable to refer the matter to a Board of engineer officers. 4. Indorsement of the Acting Chief of Engineers, dated November 16, 1882, submitting to the Secretary of War Major Merrill's letter of November 7, 1882, which quotes certain portions of the act under which the bridge over the Ohio River, near Beaver, was built, gives information relating to the questions at issue, and requests such action as may be deemed advisable for the protection and security of the navigation of the Ohio River. |