repairs or enlargement thereof, or the construction, repair, or enlargement of any canal er other works by the United States Government in the improvement of any harbor, river, of stream of water in this State, the compensation for damages sustained by the owner or ow ers of the lands overflowed, injured, or taken as aforesaid may be ascertained, determined, and paid in the same manner as prescribed in chapter 119 of the laws of 1872, entitled "An act in relation to railroads and the organization of railroad companies," approved March 22, 1872, for acquiring title to lands by railroad companies, and all the provisions of said at may apply in the case of the overflowing, injury, or taking of lands by the United States Government for the purpose aforesaid which are properly applicable thereto.

The law of Wisconsin, 1872, chapter 119, entitled "An act in rela tion to railroads, and the organization of railroad companies," provides in detail the methods of ascertaining the value of land taken, and amount of damages caused by railroads. It is, briefly, as follows: The company or parties whose land is taken or damaged may apply to the judge of the circuit court of the State for the circuit in which the land is situated, whereupon the judge may appoint three commissioners to appraise the amount of damages; appeal is had from the action of the commissioners to the circuit court. In a recent case, that of Pumpelly vs. The United States, an appeal from the award of the commissioners was taken by the attorney for the Government, and the case tried in the circuit court, at Fond du Lac. The case was decided against the Government, the jury awarding damages to the amount of $10,000. The amount of land claimed to be damaged is about 600 acres.

The case has been appealed to the supreme court of the State. We have here a suit, in which the United States is a party, being tried in a State court of inferior jurisdiction, by a local jury whose sympathies are naturally on the side of the claimant. The General Govern ment is placed by this act in the same category as a railroad corpora tion created by a State law. It has seemed to me that this is not the proper way of settling these claims. If the Government is liable for these claims, it occurs to me that a proper way would be for the Gov ernment itself to appoint an impartial commission to hear the cases and make the award. If parties are not satisfied with the award of such commission, they can appeal to the Court of Claims. Such a plan would, I believe, be satisfactory to all parties, and be a great saving of expense both to the Government and claimants.

I am, general, very respectfully, your obedient servant,

Brig. Gen. A. A. HUMPHREYS,

D. C. HOUSTON,

Major of Engineers.

LETTER

FROM

THE SECRETARY OF WAR,

TRANSMITTING

The report of Maj. G. Weitzel, Corps of Engineers, on the superintendence, management, and repair of the Louisville and Portland Canal for the year ending December 31, 1876.

JANUARY 17, 1877.-Referred to the Committee on Commerce and ordered to be printed.

WAR DEPARTMENT, January 16, 1877.

The Secretary of War bas the honor to transmit to the United States Senate, for the information of the Committee on Commerce, report of Maj. G. Weitzel, Corps of Engineers, on the superintendence, management, and repair, &c., of the Louisville and Portland Canal for the year ending December 31, 1876, with letter of the Chief of Engineers submitting the same.

J. D. CAMERON,
Secretary of War.

OFFICE OF THE CHIEF OF ENGINEERS,

Washington, D. C., January, 15, 1877.

SIR: To comply with the requirements of section 3 of the act of May 11, 1874, "providing for the payment of the bonds of the Louisville and Portland Canal Company," (Statutes at Large, vol. 18, page 43,) I beg leave to submit copies of the report of Maj. G. Weitzel, Corps of Engineers, on the superintendence, management, and repair, and showing the receipts and expenditures of the canal, for the calendar year ending December 31, 1876.

It will be seen that during the year the receipts exceeded the expenditures in the sum of $11,290.07, and that the balance available on the 1st of January, 1877, amounts to the sum of $26,955.60.

It was found necessary, in order to promote its efficiency, that extensive repairs be made upon the towboats, dredges, and other property of the canal, and also that a line of telegraph from its head to the locks, a distance of about two miles, be constructed, and that a large cistern be built, &c. The execution of this work, of course, added largely to the expenditures for the year.

Section 3 of the act referred to contains the following provision:

And to ascertain what rates will pay current expenses after the present year, [1874,]

*

the Secretary of War shall, on the first Monday of January of each year, ascertain from the expenses of the previous year what tolls will probably pay the expenses of the current year; and he shall fix and declare the rate of tolls thus ascertained to be charged for the current year; and he shall, in his next annual report, set forth such receipts and expenditures, and the condition of said canal, with a view to such legislation as may be necessary for the superintendence and management thereof. Accordingly, Major Weitzel has submitted the following rates of tolls and charges for the year ending December 31, 1877, which he considers reasonable and fair, and which are respectfully recommended for approval:

On steamboats and model barges, 10 cents per ton under tonnage.

On square barges, flats, coal-boats, &c., 8 cents per ton. measured capacity.

On steamboats under 50 tons and flats under 63 tons, $5.

Square barges and coal-boats which have passed through the canal, returning empty. 5 cents per ton measured capacity.

On rafts of logs, &c., measurement and rates the same as for flats.

Boats belonging to the United States, free.

For use of dry-dock one day, $20; each additional day, $10.

For towing, ordinary rates of harbor-boats.

For use of dredges, $30 per day of 12 hours for each dredge.

For use of steam-pump on towboat, $2.50 per hour.

As the report of Major Weitzel contains matter of value relating to commerce and navigation, it is suggested that it be sent to Congress for the information of the Committees on Commerce of the Senate and House of Representatives.

Very respectfully, your obedient servant,

Hon. J. D. CAMERON,

Secretary of War.

A. A. HUMPHREYS, Brig. Gen. and Chief of Engineers.

SUPERINTENDENCE, MANAGEMENT, AND REPAIR OF THE LOUISVILLE AND PORTLAND CANAL FOR THE YEAR ENDING DECEMBER 31, 1876.

UNITED STATES ENGINEER OFFICE,
Louisville, Ky., December 30, 1876.

GENERAL: In accordance with your instructions, and to enable the honorable Secretary of War to comply with the provisions of section 3 of the act of Congress approved May 11, 1874, entitled "An act pro viding for the payment of the bonds of the Louisville and Portland Ca Company," I have the honor to submit the following report on the s perintendence, management, and repair of the Louisville and Portland Canal for the calendar year ending December 31, 1876:

My assistant in immediate charge of the work, Capt. A. Mackenzie, Corps of Engineers, has again submitted a complete and full report to me. By my special directions, detailed statistics bearing on all the practical points which will be of interest to the profession were care fully gathered, and are submitted in the five tables which are annexed to Captain Mackenzie's report. The latter is annexed hereto, and forms a part of this. It will be seen from it that the past year has been more favorable for navigation than the previous year, and there has been a corresponding gain in the earnings of the canal. The receipts during this period have been $80,766.28; the expenditures, $69,476.21. The surplus on December 31, 1875, was $15,665.53. The surplus on Decem

ber 31, 1876, was $26,955.60. This surplus was gained in spite of the following work, which was done during the year:

One tow-boat completely repaired.

Two dredges completely rebuilt.

Three dump-scows rebuilt and enlarged.

A machine-shop built.

Eighteenth street swing-bridge over the canal completely repaired.

A telegraph-line from head of canal to locks, 2 miles long, constructed.

A fire-cistern, with a capacity of 500 barrels, was built.

An osage-orange hedge was planted along the canal, from the new locks to the railroad-bridge, near the head of the canal.

The grounds around the dry-dock were graded, and permanent ways were laid.
A new foundation for the lock-engine was built.

In doing all of this work, we have pursued the policy which we mapped out in the beginning. This was to carry on the repairs in the order of their necessity, and as soon as a proper amount of receipts in excess of expenditures had accrued. This was the only policy we could pursue in the absence of the loan or appropriation of $50,000, which I recommended to be made by Congress in all of my previous reports. In consequence of the good stage of navigation of the river during the past two years and the careful and economical management on the part of my assistants, we have succeeded much better than we anticipated. I am not disposed in this report to renew my recommendation for the above loan or appropriation, but at the same time I cannot make any change in my recommendations previously made for the rates of tolls, &c.

So many things remain still to be done, as Captain Mackenzie's report shows in detail, that it would be extremely hazardous to reduce the present rate of toll. For the reasons also fully given in Captain Mackenzie's report, I recommend that we may, in the contingencies enumerated by him, hire our dredges and steam-pump on the towboat Walker Morris. To recapitulate, I respectfully recommend the following rates of toll, &c., for the calendar year ending December 31, 1877, as being reasonable and fair, viz:

On steamboats and model barges, 10 cents per ton under tonnage.

On square barges, flats, and coal-boats, 8 cents per ton measured capacity.

On steamboats under 50 tons, and flats under 63 tons, $5 per lockage.

On square barges and coal-boats, which have passed through the canal loaded and returning empty, 5 cents per ton measured capacity.

Ou rafts of logs, &c., measurement and rates same as for flats.

On boats belonging to the United States, no toll.

For the use of dry-dock, $20 for the first day, and $10 additional for each succeeding day.

For towing, the ordinary rates of harbor-boats.

For the use of dredges, $30 for twelve hours use each.

For the use of the steam-pump on the towboat Walker Morris, $2.50 per hour.

I have received authority to construct two new sets of gates, and they have been begun, and will be completed as rapidly as possible.

Since the dredges have been rebuilt, the experience seems to show that it will not be necessary to employ auxiliary means for clearing out the sediment deposited in the canal by flushing it by means of a movable dam at its head, and I do not intend now to build it unless further experience would plainly show it to be of benefit corresponding to its cost. I beg leave again to call attention to the great importance of enacting into a law "The rules and regulations for the government of the Louisville and Portland Canal and those using it," which were submitted by Captain Mackenzie, and are given in my report dated January 1, 1876, (Ex. Doc. No. 67, H. R., 44th Congress, 1st session.)

In conclusion, I think it only an act of justice to replace on record that the management of this work has been conducted in the most satisfactory and economical manner by Captain Mackenzie and those on duty with him.

Annexed hereto is the financial statement for the calendar year ending December 31, 1876.

I am, general, very respectfully, your obedient servant,

Brig. Gen. A. A. HUMPHREYS,
Chief of Engineers, U. S. A.

G. WEITZEL, Major of Engineers.

Financial statement for calendar year ending December 31, 1876.

REPORT OF CAPT. A. MACKENZIE, CORPS OF ENGINEERS.

LOUISVILLE, KY., December 31, 1576

SIR: In accordance with your instructions, I have the honor to submit the following report upon the superintendence, management, and repairs of the Louisville and Portland Canal for calendar year ending December 31, 1876:

PRESENT CONDITION OF THE CANAL.

The canal and the new locks are in good condition, with the exception of the guardgates. New gates are now being built.

The old locks are very much dilapidated, requiring new lift-gates and new miter-si Some necessary repairs on the lower miter-sill have been authorized, but high w has prevented any work on it during the past year. The guard-gates of these locks must be rebuilt very soon.

The dry-dock is in good condition, but is not very serviceable on account of its smail size and low gates.

The canal buildings and shops are in good condition; but the latter, being all of wood, can only be considered as temporary structures.

The towboat, dredges, and all accessories of the dredging department, have been thoroughly repaired, and are now in perfect order.

WORK ACCOMPLISHED DURING THE YEAR.

Dredging department.-When the United States took charge of the canal in June, 1974, the boats, dredges, &c., were in a very poor condition, and though necessity of thoroughly repairing this apparatus was then recognized, it was not until the close of the year 1875 that the excess of the receipts over ordinary expenses justified any large expenditure.

A new hull for the towboat, built by James Howard & Co., at Jeffersonville, Ind.