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A communication from the Secretary of War, relative to the improvement of the water-power pool at Rock Island Arsenal.

APRIL 11, 1882.-Referred to the Committee on Appropriations and ordered to be printed.

To the Senate and House of Representatives:

I transmit herewith, for the consideration of Congress, a letter from the Secretary of War, dated the 6th instant, in which he recommends a reappropriation of the unexpended balances of two appropriations of $50,000 each, made in 1880 and in 1881, "for continuing the improvement of the water-power pool" at the Rock Island Arsenal, and that the additional sum of $30,000 be granted for the same purpose, also the additional sum of $70,000 "for deepening the canal and for opening six water-ways in connection with the water-power."

EXECUTIVE MANSION, April 11, 1882.

CHESTER A. ARTHUR.

WAR DEPARTMENT, Washington City, April 6, 1882.

SIR: I have the honor to submit a communication from the Chief of Ordnance, in which he recommends that Congress be asked to reappropriate the unexpended balance of two appropriations of $50,000 each, made in 1880 and in 1881, "for continuing the improvement of the water-power pool" at the Rock Island Arsenal, and the additional sum of $30,000 for the same purpose, and the additional sum of $70,000 "for deepening the canal, and for opening six water-ways in connection with the water-power."

It will appear from the inclosed papers that the government is bound to "develop and maintain" the water-power, and that the extent of the development which the government is under obligation to make has long been the subject of controversy with the Moline Water Power Company, and that an opportunity is now offered to end that controversy

in a manner which is believed by the Chief of Ordnance to be for the best interests of the United States.

It is proposed that this object be acccomplished by providing in the act making the appropriation, that no part of the money appropriated shall be expended until detailed plans and specifications for actual work to be done, the estimated cost of which shall be within the appropriation, shall be prepared and approved by the Moline Water Power Company, with an agreement from said company that the expenditure in the performance of the work so specified of the sum so appropriated, or if the work can be actually completed for a less sum, then of so much thereof as may be expended for such completion, will be accepted by the Moline Water Power Company in full discharge of the obligation of the United States to develop the water-power.

It further appears that the work is of such a character that it can only be done by taking advantage of a favorable stage of water in the Mississippi River, and that it can be done most economically by contin nous work, for which reason it is advisable that the total appropriation be made at one time, and that it be made without limit as to time of expenditure.

The total amount asked for, in addition to there appropriation of the unexpended balance, is $100,000. I concur in the recommendation of the Chief of Ordnance, that Congress be requested to make this appropriation, with the restrictions mentioned.

I have the honor to be, very respectfully, your obedient servant,
ROBERT T. LINCOLN,

To the PRESIDENT.

Secretary of War.

ORDNANCE OFFICE, WAR DEPARTMENT,
Washington, April 4, 1882.

The honorable the SECRETARY OF WAR:
SIR: I have the honor to submit a communication from the president of the Moline
Water-Power Company of April 3, 1882, asking for certain work to be done by the
United States for the improvement of the water-power, the deepening of the tail-race
canal, and the making of six openings in the dike for water-ways for its use.

Special attention is invited to the within report of the commanding officer of the Rock Island Arsenal, which meets my entire approval.

The contract of April 8, 1869, entered into between the Secretary of War and the Moline Water-Power Company, was for the cutting of a canal through the company's grounds in continuation of the tail-race. That canal should be deep enough to serve its purpose when the company shall have deepened the tail-race above. It is the company's desire to so deepen it, and to meet its requirements the canal must be deepened about three feet in order that the company may enjoy the full benefit of the waterpower developed.

The report of February 4, 1876,* herewith inclosed, embraced an estimate of $157,350, in order to give to the Moline Water Power Company the full benefit of the development already made by causing a sufficient flow of water into the pool to supply the necessary water-power; the government being bound by its agreement to do this work, in the interest of the two parties interested, for economy, and particularly for the protection of valuable interests to the United States. This was approved by the Secretary of War. Of this amount only $100,000 has been appropriated. Further examination and experience leads to the belief that an additional $30,000 to the money already appropriated will be sufficient.

The money estimated for is as follows:

Reappropriating the unexpended balance of the $50,000 of 1881 and the $50,000 of 1882, and the appropriation of $30,000 for the improvement of the water-power.

For deepening the canal

Opening six water ways

$55,000 15,000

* See Senate Ex. Doc. No. 13, Forty-sixth Congress, first session.

I recommend these appropriations on condition that before any of the money is expended the Moline Water-Power Company pledge itself to the deepening of its tailrace by the time the deepening of the canal by the United States is completed, and give a full and final discharge of all its claims, of every kind and description, which it may have against the United States on account of the proper and complete development of the water-power, leaving to the United States the sole obligation to maintain the water-power as so developed.

Very respectfully, your obedient servant,

S. V. BENÉT,

Brig. Gen., Chief of Ordnance.

P. S. As the difficulties to be encountered in performing this work from high water in the river, ice, &c., are of the same kind and quite as great as those encountered in river and barbor improvements, therefore for the same reasons that have caused Congress to make river and harbor appropriations permanent, viz, that the work may be done with the highest economy, I urgently recommend that this appropriation be made permanent.

I further recommend as absolutely necessary to the prosecution of all this work, and to take advantage of the proper stage of water, &c., that the entire appropriation asked for above ($100,000 and the reappropriations) be made at the present session.

S. V. B.

The CHIEF OF ORDNANCE,

U. S. Army, Washington, D. C.:

ORDNANCE OFFICE, WAR DEPARTEENT,
Washington, April 3, 1882.

SIR: In compliance with your instructions I have the honor to report as follows in regard to the claims made upon you in the last few days (verbally) by the Moline Water-Power Company:

1st. If the Water-Power Company elects to further dig out its tail-race, in my judgment there is a contract obligation on the part of the United States to further deepen the water-power canal to a reasonable depth, say 3 feet deeper than its present depth, in order to meet the increased depth the Water-Power Company proposes to dig out in its tail-race. This obligation grows out of the contract of August, 1867, the first contract between the United States and the Water-Power Company; because, had the water-power been developed, as I believe was contemplated, when the United States commissioners at Rock Island made their report to Congress, and as the WaterPower Company had a right to expect it would be developed when its officers signed the contract, then the Water-Power Company could now elect to deepen their tail-race as they propose, and get therefrom all the benefit they now propose. In my opinion, the second contract, that of April, 1869, which requires the United States to make said canal "of sufficient capacity for the purpose named "-ought to require the United States to give the Water-Power Company, as far as is reasonably practicable, as good advantages for improving their tail-race as they would have had under the first contract.

I therefore recommend that if the Water-Power Company deepens its tail-race that then the United States deepen the canal as requested, if an appropriation therefor can be obtained from Congress.

2d. The Water-Power Company claims that the United States should give it six new water-ways, or openings for water wheels, to be placed in the stone dike near the canal. (To do this it would be necessary to remove a portion of the stone dike and substitute therefor a masonry stone wall in which the water-ways could be built.) I know of no contract obligation that could require the United States to do this work, and believe there is none. The government has already discharged completely all its obligations in regard to making water-ways for the Moline Company.

In making this claim, the Moline Company states that because the water-power has not been as good as was expected the company has lost the control of mill sites opposite its openings, heretofore provided by the United States, and that therefore the United States ought to provide new openings in other places to compensate. This would prove the advantage of new openings to the company, and might be asked for under a claim that the United States should do all it reasonably can for the relief of the Water-Power Company, but carries with it no contract obligation on the part of the United States. Therefore, in making the recommendation, as I do further on, that this work should be done, I recommend it for the purpose of satisfying all the claims and complaints of whatever kind of the Water-Power Company against the United States, and for the purpose of settling the whole water-power controversy.

The above covers, as I understand them, the claims made by the Moline WaterPower Company.

As you are aware, there are unexpended balances of two appropriations made by Congress in 1881 and 1882 for the improvement of the water-power pool (see my letter to you of the 29th ultimo recommending that these appropriations be continued by Congress to prevent their being covered into the Treasury).

The Moline Water-Power Company is also interested in this work.

For the purpose of settling finally all controversies with the Moline Water-Power Company and satisfying all the claims of that company, I respectfully recommend that application be made to Congress for appropriations for the work above described; that is, both for deepening the canal and putting in the new water-ways for the Moline Company, as requested, on condition that the Moline Company agrees that if Congress makes these appropriations and the work is done by the United States as requested by the company, and, also, that Congress reappropriates the unexpended balances of the appropriations of 1881 and 1882 for the improvement of the water-power pool, and that this money is expended in pursuance of my plans submitted to you February 4, 1876, and approved by you February 17, 1876, that then the Moline Water-Power Company shall agree to deepen its own tail-race as they propose, and to accept this as a full and final discharge of all the obligations of the United States to that company for the development of the water-power.

I also urgently recommend that in applying to Congress for the continuance of the unexpended balances of the appropriations of 1881 and 1882, that an additional sum of $30,000 be asked for for the improvement of the water-power pool. The reasons for this recommendation are as follows:

Although the unexpended balances mentioned will probably make the capacity of the water power all that is necessary for the Moline Water Power Company and for the immediate wants of the United States for water power, it is highly important that provision be made at the same time for the future wants of the United States, and this additional $30,000, if expended, in connection with the other work, when the coffer-dams are in and the water drawn off, and the bed of the pool bared, would accomplish more than twice as much as it would at some future time, when all the work of coffer-dams and baring the bed of the pool would have to be done over again, and it would also save shutting up the water power again for several months at some future time to permit this work.

Respectfully, your obedient servant,

D. W. FLAGLER, Lieut. Col. of Ordnance, Commanding Rock Island Arsenal.

WASHINGTON, D. C., April 3, 1882.

General S. V. BENÉT,

Chief of Ordnance:

SIR Referring to our conversation in reference to the water power at Rock Island Arsenal, and in compliance with your suggestion that the Moline Water Power Company should reduce to writing its requests in regard to the further development of said water power, on behalf of said company I have the honor to submit the following: The United States to deepen the canal tail-race at an average of at least 3 feet at its present width throughout its entire length, and the canal so deepened shall be extended at its western end until it reaches a point in the river bed not higher than such increased depth of said canal, and at the eastern end of the canal the deepening shall extend to the natural bed of the river in the tail-race.

That six openings 6 feet apart for water-ways of the usual size of those heretofore made for the use of said company be made and placed for the use of said company in the wall or dike at or near where it abuts upon said company's land at the upper end of said canal, at such point as said company may indicate, completed with iron gates and suitable in all respects for use.

That the unexpended balances of the two appropriations of $50,000 each heretofore made, and the further sum of $30,000, to be appropriated, shall be expended in the improvement of the water-power pool in substantial compliance with the recommenda tion of Col. D. W. Flagler, contained is his letter of February 4, 1876, to the Chief of Ordnance and transmitted to Congress.

The present wing-dam at the head of Rock Island to be extended not less than 300 feet, and of the same general character of work as the last extension.

That upon the completion of said work, and improvements by the United States, said company will regard the same as a development of said water power.

Very respectfully,

CHAS. ATKINSON,

President of the Moline Water Power Company.

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A resolution of the House of Representatives, transmitting a report of awards for flowage of lands on Lake Winnebago.

APRIL 10, 1882.-Referred to the Committee on Expenditures in the Department of Justice and ordered to be printed.

:

DEPARTMENT OF JUSTICE,
Washington, April 8, 1882.

SIR Referring to the House resolution of the 27th ultimo asking for information in relation to the amount of awards, &c., by reason of flowage of lands upon the borders of Lake Winnebago, I have the honor to transmit a copy of a report of Hon. O. B. Thomas, special assistant attorney-general, in relation to this matter.

The amount of money paid by this department for services of special counsel is $21,312.50.

Very respectfully, your obedient servant,

The SPEAKER

of the House of Representatives.

S. F. PHILLIPS, Acting Attorney-General.

PRAIRIE DU CHIEN, WIS., April 3, 1882.

Hon. BENJAMIN HARRIS BREWSTER,

Attorney-General of the United States,

Washington, D. C.:

SIR: Herewith inclosed please find the report required by yours of the 28th ultimo.

The only information asked which I am unable to give definitely is as to the amount paid out by the United States for legal services in contesting claims of persons who allege that their lands have been injured by flowage caused by the Menasha dam.

My compensation was not by the case, but by the year. I can find nothing in the papers or documents in my possession showing what Mr.

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