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PUBLIC DOCUMENT. No. 11.
ANNUAL REPORT
OF THE
HARBOR AND LAND COMMISSIONERS
FOR THE TEAR 1880.
BOSTON:
Eanti, a&erg, & Co., printers to tje Ccmmonfoealtf),
117 Franklin Street.
1881.
(Hommontocctitl) of iHcissacbusctts.
HABBOR AND LAND COMISSKMBS' REPORT.
To the Honorable the Senate and the House of Representatives of the Com-
monwealth of Massachusetts.
The Board of Harbor and Land Commissioners, in accord-
ance with the provisions of law, respectfully submit their
annual report for the year 1880.
South Boston Flats.
The total cost of this land to Dec. 31, 1830, has been, $1,148,847 69
The receipts have been. —
From Boston and Albany Railroad, for land. 8330,000 00
From New York and Xew England Railroad,
for land 1,108,165 00
From Xew York and Xew England Railroad,
for rent 10.500 00
From Boston Wharf Company, for land . 1.354 20
1,450.019 20
Showing, exclusive of interest, a profit to the Common-
wealth, to Dec. 31, 1830, of §301.171 51
From this statement it appears that the aggregate amount
of sales, and the amount received for rents, &c, of the South
Boston lands, already exceeds by the sum of 6301.171.51
the whole amount expended by the State at South Boston.
And there is still a large sum clue from the Boston and
Albany Railroad, for its purchase of fifty acres, besides dam-
ages for non-fulfilment of contract.
4 HARBOR AND LAND COMMISSIONERS. [Jan.
The sales above reported cover all the filled land at South
Boston, and leave belonging to the Commonwealth some
seven hundred acres of flats, upon a very small portion of
which has money been expended for reclamation; and, with
active work, it will take two years to prepare for use a single
dock and the adjoining piers.
On the 28th of August last, a contract, of . which a copy
will be found in the Appendix, was made ' with Thomas
Potter for dredging three hundred thousand yards of mate-
rial from the flats beyond the line of the proposed outer
wall, and placing the same upon the flats proposed to be
filled, the whole work to be completed by the 1st of Jan-
uary, 1883. This contract has been duly approved by the
Governor and Council. It exhausts the appropriations al-
ready made; and a further appropriation will be necessary in
order to complete retaining-walls, and walls for the required
dock, so that the work upon the walls may be prosecuted
simultaneously with the filling. By the Act of 1878, Chap.
237, the fund called the Commonwealth's Plats Improve-
ment Fund is established ; and by the same act it is provided
that proceeds of land at South Boston, when sold, shall be
placed in this fund. From this fund an appropriation was
made by the same act ; and it is now asked that a further
appropriation may be made from the said fund, sufficient
for the purposes named, so that without further delay the
necessary additional contracts may be made.
After the sale of the filled land was made, it was deemed
advisable that the commission should obtain such knowledge
of the construction, arrangement, and management of docks
in Europe, as would enable it to make that use of the South
Boston Flats which would conduce most to the advantage
of trade, and meet its requirements, at the same time having
due regard to the interests of the State. His Excellency
concurred in this view ; and one of the commission has vis-
ited Europe for these purposes, and has submitted to the
Board a report of his examinations as follows : —
To the Board of Harbor and Land Commissioners.
Gentlemen, — Deputed by the Board, with the approval of his Ex-
cellency, to visit Europe for the inspection of docks and their connections
with railroads, and especially to examine their systems of organization
and management, I have the honor of submitting my report.
1881.] PUBLIC DOCUMENT — No. 11. 5
The first thing- which attracted my attention, as I inquired about docks
in Europe, was the great amount of work on docks which was in prog-
ress, contemplated, or just completed, in almost every port, whether
great or small, throughout Great Britain, France, Belgium, Holland, and
Germany. This work is to be attributed to two causes, —
1. The necessity of docks suited to the change of vessels from sail to
steam; the latter requiring greater length of quayage, with wide sheds
and broad landings, and a greater depth of water.
2. The necessity of preparing all ports which exported their special
products to the ports of America, for the reception of the steamers which
bring American produce or merchandise, because, with vessels such as
are fitted for the Atlantic trade, it is impossible for them to discharge at
one port and load at another. The models of the ships which do not
permit their moving about, as sailing ships did, with swept holds or
lightly ballasted, the long detention and double port charges, prevent
and make it too costly. Therefore, for such ports it is necessary, in order
to secure cheap and reasonable freights upon their exported products, to
be able to accommodate with proper docks and railroad connections, all
ships which may bring imported goods to the port. And so by being
able to receive inward cargoes, ships are secured at the port for outward
cargoes. In other words, such a port with good docks and railroad con-
nections may establish a line of steamers to America which will be sure
of cargoes both ways.
That the trade with America is of great importance, is shown by the
fact that while the receipts of the Mersey Dock and Harbor Board for
dock rates and tonnage rates during the year ending July 1, 1880, were
£740,000 sterling, £360,000 sterling were collected from the United
States trade, and £60,000 sterling more from the trade with the British
North American provinces; or, nearly 57 per cent of these receipts were
from the trade with North America.
In Great Britain one finds docks fitted for this trade, either jnst com-
pleted or in progress, in the ports of London, Liverpool, Hull, Newcas-
tle, Hartlepool, Leith, Glasgow, Barrow, Fleetwood, Belfast, Bristol,
Swansea, Cardiff, Newport, Plymouth, Southampton, and perhaps other
places. In France, at Dunkirk, Havre, Bordeaux, and Marseilles. In
Belgium, at Antwerp. In Holland, at Amsterdam and Rotterdam. In
Germany, at Bremerhaven and Hamburg. The amount expended and
to be expended is many millions in sterling.
In Amsterdam a canal fifteen miles long has been cut through to the
North Sea, so that the port is no longer entered round the Texel and through
the shallow Zuyder Zee, but is now a deep-water harbor, and twenty-
four hours nearer the Atlantic trade than before. The canal is said to
have cost five million dollars, and the docks being constructed will cost
as much more. In Rotterdam docks, wThere the steamers in the Ameri-
can trade discharge and receive their cargoes, twenty-one millions of
guilders, or over eight millions of dollars, have been expended. In Ant-
werp, a city which has lain almost dormant for three centuries, the docks
built by Napoleon have been enlarged, deepened, and re-modelled, new
docks are being built, and the whole water-front of the city changed to
6 HARBOR AND LAND COMMISSIONERS. [Jan.
insure deep water and regularity in the tidal flow, at a cost of many
millions of: dollars; and the city with its lines of steamers, and immense
number of sailing vessels in the American trade, has become to-day the
third or fourth commercial city of Europe. In Hamburg and Bremen
large sums have been expended, and lines of steamers to America estab-
lished. These five ports are to-day in competition for the great trade
between America and Germany.
The four ports of France put the various portions of that great nation
into direct communication with America; and their docks, their conven-
iences, and their cost are on the same scale as the docks in Germany,
Holland, and Belgium. Indeed, it is a point very difficult to decide, as
to which has the best, or which has expended the most. But all look to
the American trade for their greatest revenue.
The ports of Great Britain are familiar to you by name. London and
Liverpool are general ports, while most of the others are special ports.
In most of the special ports there must have been expended a million of
pounds sterling, and in some of them more. In the River Clyde, which fifty
years ago was not navigable to Glasgow by ships of one hundred tons,
there is now twenty-five feet of water, and there are ample docks, two or
three lines of steamers to America, and the great ship-yards where are
built a large proportion of the steamers now engaged in the American
trade. The cost of making such a port, as Glasgow now is, has been
many millions.
And so the various other ports might be described; but the plans of
their docks, which you now have, will afford you ample information in
regard to their plans and construction.
In London the great Victoria and Albert Dock, two miles long, has cut
off abend in the river, which it enters at either end; and here may be
found the great steamers running to Boston and New York. So far as
possible, every improvement has been introduced, and both here and at
the East and West India Docks, every attempt has been made to facili-
tate business and to lessen charges in the handling of goods.
When I landed at Liverpool, the engineer of the Mersey Docks, Mr.
Lyster, told me that in the handling of goods America had little to learn
in Europe, and that he had sent his assistant to America, last year, to
examine our system of handling goods in order that he might introduce
in his new docks and warehouses now building in Liverpool all American
improvements. Still he said there was one thing in which Europe was in
advance of America, and that was the use of hydraulic machinery. This
I found to be true, and no dock visited was found without large hydraulic
engines and hydraulic cranes. But it was laughable at times to see
how goods were handled so carefully, so easily, and so cheaply, by this
splendid machinery, and then to see the whole saving wasted. For
instance, at Antwerp a vessel with broken pig-iron was being discharged
by one of the beautiful hydraulic swinging cranes of Sir William Arm-
strong. The iron was hoisted from the hold in a large tub, which, instead
of being swung over to the car standing upon the track only fifteen feet
away, and then dumped, was lowered to the deck, and then the iron was
handled piece by piece, and placed in a basket, the basket placed upon a
1881.] PUBLIC DOCUMENT — No. 11. 7
man's shoulder, and the man walked down a plank to the dock, up another
plank on the further side of the car, and then dumped his basket into the
car. It was in vain to ask why the tub was not swung and then dumped,
— they never did it so.
In London, with a hydraulic crane lying idle alongside the ship, bale
goods were rolled from the car down to the pier, and then rolled up again
to the vessel's deck. To the question " Why do you do so? " the answer
was, " We always have."
In Liverpool, where grain is raised by hydraulic power to the highest
story of the magnificent grain warehouse, and carried by a horizontal
belt, moved by hydraulic machinery, at the rate of fourteen feet in a sec-
ond, eighty tons of it in an hour, — with a railroad station two hundred
feet away, the grain is lowered to the lowest floor, shovelled into a sack,
the sack carried to a truck, and by the truck carried to an open car, upon
which it is loaded, covered with a tarpaulin, and transported to the coun-
try. Mr. Lyster has tried in vain to extend his belt to the station. The
railroad company says No, and grain is handled as it has always been.
Thus, while science shows the way, and engineers desire to use the im-
provements which they have constructed, prejudice and custom say No,
and absorb the saving of improved machinery. But in other places where
they deal with their own products, prejudice and custom do not always
interfere with science. In Newport there is a dock two thousand five
hundred feet long, one side of which is devoted to coal shipments. Here
science has had full sway. Parallel to the dock, and three or four hun-
dred feet away from it, is the railroad track, elevated seven feet above the
capsill Upon this track the loaded cars come in, each car of four wheels
holding eight tons of coal. At intervals of three or four hundred feet,
there are switches from which curved tracks run to the capsill of the dock,
on a descending grade. Upon these curved tracks the loaded cars are
switched off. At the end of each track is a hydraulic lift, upon which
the loaded cars are placed one at a time. One man handles the cars, and
one man tends the lift. Every two minutes a car is raised fourteen feet,
dumped by an opening at the end, tipped back on to a descending track
which runs back on a curved line to the main track; and so, with only two
men, coal is loaded into a single hatch of a vessel, at the rate of four tons
to the minute, — an example of the rapidity and cheapness with which
goods are handled when men will use the appliances which science fur-
nishes.
This use of hydraulic machinery and gravitation was the most notice-
able thing in connection with the handling of goods. Its simplicity and
cheapness should attract attention, and wherever the two powers can be
combined they should be used. But it is not merely for the handling of
goods that hydraulic machinery is used in Europe. The docks there are
mostly docks into which vessels can come only at high water, owing to
the great rise and fall of the tide. At high water the gates are opened,
and vessels pass in and out. Then the gates are closed, and high-water
mark is retained inside the docks all the time, so that vessels lie con-
stantly afloat, with their rails always at the same distance from the
capsill of the dock. And it is to open and shut these great gates requir-
8 HARBOR AND LAND COMMISSIONERS. [Jan.
ing immense power, that hydraulic machinery is used. It is also used to
pump out the graving docks which are found inside all first- class docks
in Europe. The modern graving dock is over five hundred feet long, sixty
feet wide, with twenty-five to thirty feet water over the sill. Such a
dock as this is pumped dry in Liverpool by hydraulic machinery in less
than an hour; and one of the largest steamers, the '■ Scythia," entered this
dock, and went out in eleven hours, having been painted and cleaned in
the interval, — the eleven hours being in the night, so that no time was
lost. At the dock electric lights are used, so that men can work as well
by night as by day.
The other noticeable thing in regard to docks is their common use by
all on equal terms. There, railroad companies do not own and control
docks, charging other railroads for their use, but in all cases the railroad
tracks upon the docks and to the junction with railroads are owned by
the dock company, which loads the cars and carries them to the junction,
or receives them at the junction and unloads them, the charge to all rail-
roads being the same. This is exemplified by the following advertise-
ment of the Royal Victoria Docks at London : —
Import Goods. — There is no extra charge for delivery to railway trucks.
The following railway companies have goods depots within the Victoria
Docks, and the trucks run alongside the warehouses, viz.: Great Eastern,
Great Northern, London and North-western, Midland, and, by special ar-
rangement, the Great "Western. Grain, flour, guano, provisions, and goods
of every description, handed to above companies, as a rule arrive at, destina-
tion the following morning, thus saving much time and risk; and no expenses
for cartage or lighterage are incurred.
This list of railroads covers the principal companies in Great Britain.
To each of these railroads cargo from any vessel in those docks can be
delivered, and from each of these railroads any vessel in the docks can
receive goods, at precisely the same cost per ton. In Liverpool it is the
same. The three railroads there, the North-western, the Midland, and
Great Western, have equal privileges. And so it is all over Europe. To
whichever dock in whichever port a vessel goes, her cargo goes on equal
terms to every railroad which has a track within the limits of the port,
and from every railroad in the port cargo can be received on equal terms.
In this country no such custom prevails. The great termini are owned
by railroad corporations. Not to every railroad are allowed equal terms,
but only to every railroad other than the owner. Thus vessels which in
this country lie at a railroad terminus cannot receive cargo from, nor
deliver cargo to, all railroads upon equal terms. The rate to all other
railroads is different from the rate to the railroad at whose terminus the
vessel lies. Freight to other railroads pays a terminal charge to the rail-
road owning the terminus, and a general cargo for different destinations
must pay a charge or be sent over the road which owns the terminus.
This may work well for the railroad, but it is against the public interest,
and is injurious to the port. In Europe, if two railroads compete with
each other, they bear the loss of the competition. Here, if they compete,
the importer of goods does not get the whole benefit, because of the ter-
minal charge to other railroads.
1831.] PUBLIC DOCUMENT — No. 11. 9
A merchant of Boston whose goods are at the Grand Junction Wharf
cannot send his goods West by the Fitchburg or Lowell except by pay-
ing a terminal charge; nor can a vessel at either Constitution or the
Lowell Wharf send goods West by any railroad except the railroad own-
ing the terminus, unless he pays a terminal charge. This detracts from
the advantage of Boston as a port. If the European system were adopted
here, and ships lying in a foreign port could take freight for Boston to be
sent thence by all railroads upon equal terms, the advantages of Boston
would be more fully appreciated. Then steamers could come here as-
sured that, at whatever dock they unloaded, they could at the same dock
load from any railroad or from several railroads upon the same terms.
Now a vessel coming to either wharf must load at the same wharf with
such cargo as the railroad can furnish, or must haul to the wharf of
another railroad to take the cargo which that road can furnish, or else
the terminal charge comes in. Here it is, " Haul your vessel, or load with
what we can give you by our cars." In Europe it is, " Stay where you
are. Goods by all railroads will be brought to you on equal terms."
Whether the system here can be changed, is worthy the consideration of
both the legislature and the business men of Boston.
Liverpool Docks.
But, while in so many ports in Europe there are docks which attract
attention by their extent and convenience, it is in Liverpool that the
most complete system of docks is to be found ; and here is found also a
form of management which secures uniformity of rates in the whole port,
and to the business community the advantage derived from doing a large
business. Here is found an inducement to extend business, so that the
cost of doing it may be reduced ; and here is found an immense corpora-
tion, without stockholders and without capital, managed and controlled
by the men who contribute to its revenue ; a corporation consisting of a
large property, paid for by notes and bonds amounting to sixteen million
pounds sterling ; secured, not by a lien upon the property, but only on
its income, and from the payment of which only one hundred thousand
pounds sterling can be set aside annually from surplus receipts, if the
surplus receipts amount to so much. This loan, though representing the
cost of improvements, is really a loan, based solely upon the continued
prosperity of the port, and bears interest at rates varying from three per
cent per annum, to four and one-half per cent. The sinking-fund with
its accumulations amounts to one million two hundred thousand pounds
sterling.
The first dock in Liverpool was of three acres, 1,890 yards in extent,
and was opened in 1715. In 1800 the dock area had reached 27 acres
and 1,912 yards. In 1825 there were 46 acres and 3,179 yards. In 1840
there were 95 acres and 1,954 yards. In 1850 there were 152 acres and
381 yards. In 1857 there were 192 acres and 129 yards. Up to this date,
all works had been constructed by the town of Liverpool, under authority
of Parliament, and from time to time there had been built upon the Bir-
kenhead side of the Mersey several docks, which on the 1st of January,
1858, had an area of seven acres and 360 yards ; so that the total area of
10 HARBOR AND LAND COMMISSIONERS. [Jan.
docks upon both sides of the Mersey was 199 acres and 489 yards. At
this time was passed the Consolidation Act, by which all the docks upon
both sides of the Mersey were placed in the hands of the Mersey Dock
and Harbor Board, as perpetual trustees. To the town of Liverpool was
allowed the sum of one million five hundred thousand pounds sterling for
the surrender of certain rights transferred to the new Board, and such
further sum as the town had expended, and to the Birkenhead Dock
Company, a sum to be settled as provided by law.
The directors consist of twenty-eight members — eight elected each
year, whose term of office is three years — and four members appointed by
the Mersey Conservancy Board. The twenty-four members of the Board
are chosen from those who, residing within ten miles of Liverpool, have
paid dock rates to the extent of twenty-five pounds sterling during the
previous year, by those persons who have the same qualifications. In
this Board are vested the whole care of the docks, the duties of pilot com-
missioners for the River Mersey, the duties of harbor commissioners for
the river, the exclusive right to build docks, the right to build railroads
and to operate them within their own property, and the right to build
across (over or under) streets, to discontinue streets, and to make new
streets, subject to approval of the town of Liverpool, and to extend rail-
road tracks to connection with other railroads ; and many other rights
properly guarded as may be* found necessary, and to fix all dock and
tonnage rates, harbor and light dues, and rates for pilotage. But they
must apply to Parliament for authority to borrow money for further
improvements, and must fix the dock rates at such sum as will pay cost
of maintenance, management, operation, interest, and the one hundred
thousand pounds sterling for the sinking fund ; no portion of the receipts
beyond the one hundred thousand pounds sterling per annum being appli-
cable either to a reduction of the debt or further improvements. No
member of the Board can receive any compensation for his services, but
all employes are paid. Thus it will be seen, that, with increased busi-
ness, rates must be lessened to the advantage of those doing business in
Liverpool.
This is the corporation which now manages and controls all the docks
upon the Mersey. In 1860 its dock area was 334 acres, 1,189 yards; in
1870, 383 acres, 811 yards, and in 1880, 433 acres, 4,823 yards. And
there are now very great improvements in progress, both at the North
and South Ends, the most important of which is the great steam dock
at the North End, upon which have been expended one million eight hun-
dred and thirty-six thousand pounds sterling (three hundred and forty-
six thousand pounds of it in the year ending July 1, 1880). In this
dock there will be three piers or quays, each fifteen hundred feet long,
and three hundred feet wide, separated by docks of three hundred feet
wide. Upon each quay will be two sheds upon the edge of the docks,
each one hundred feet wide, with a street for teams and railroad tracks
between them of one hundred feet in width. These quays will add nine
thousand feet to the length of quayage, and will be used for the steam-
ers in the American trade, eighteen of the largest of which can be
accommodated at one time. Upon these quays will be the hydraulic
1881.]
PUBLIC DOCUMENT — No. 11.
11
cranes, and every other known appliance for the prompt and cheap hand-
ling of goods. They are expected to be ready for use in 1881.
In the same dock basin will be graving docks, so that steamers can be
repaired promptly, and without moving out of the basin in which they
lie to discharge and receive cargo.
At the South End, also, are extensive docks in the course of con-
struction, upon which the sum of three hundred and twelve thousand
pounds sterling has been expended, eighty-two thousand pounds of it
during the year.
It will be noticed that Liverpool has in construction new docks which
have already cost over two million one hundred and fifty thousand
pounds sterling, to be added to her present capacity of four hundred and
thirty-four acres. The length of dock front upon the Liverpool side of
the river is six and one-half miles ; and upon the Birkenhead side some
one and one-fourth miles, and back from the river about two miles. The
total amount expended to 1st July, 1880, has been: —
At Liverpool £10,727,627 12 7
Birkenhead 5,949,333 6 8
£16,676,960 19 3
And the debt outstanding is 15,951,248 3 5
So that only . . . . £725,712 15 10
of the cost, or about .0435 per cent, has been paid for.
The rest has been borrowed upon the security of the rates hereafter
to be collected. The first dock was opened in 1715, so that in one hun-
dred and sixty-five years the payments for the cost have averaged less
than forty-four hundred pounds sterling per year.
The dock receipts were, in —
Vessels.
Tonnage.
£
s.
d.
1752
—
1,776
8
2
—
1775 .
2,291
5,384
4
9
—
1800 .
4,746
23,379
13
6
450.060
1825 .
10,837
128,691
19
8
1 ,223 820
1840 .
15,998
178,196
14
0
2,445.708
1850 .
20,457
211,743
7
7
3,536.337
1860 .
21,136
397.315
12
11
4,697.238
1870 .
19,429
-511,703
9
8
5,728.504
1880 .
20,070
706,449
12
8
7,524.533
The above table shows the constant increase of trade at Liverpool,
and also shows the effect of the introduction of steam vessels upon their
size, the number of vessels in 1850 being greater than in 1880, while in
1880 the tonnage had more than doubled. The dock area had also in-
creased 200 per cent.
Thus I have described the docks at Liverpool, and their system of
management. Such system exists nowhere else, I believe. In London,
12 HARBOR AND LAND COMMISSIONERS. [Jan.
two great companies, not railroad corporations, but each owning its own
tracks to the junction with the great railways, control three hundred and
fifty-two acres of dock basins, of which the East and West India Dock
Company own and occupy one hundred and twenty-seven acres, and the
London and St. Katharine Dock Company two hundred and twenty-five
acres. With each other these companies compete for business, and, in
order to secure business, each arranges to deliver goods to all the rail-
ways upon equal terms. Upon the Continent, the docks are generally
under government or municipal control, but in all of the Continental
docks opportunity is afforded to all railroads to connect with the dock
tracks upon equal terms.
So much I have learned by my visit abroad; and now you will ask me
to apply it to Boston, and especially to the property of the State which
is in control of the Board.
In the first place, then, let me say that, with the immense trade be-
tween Europe and America, Boston can have as much of it as she will
prepare herself to accommodate, and that if she will secure to herself, as
she can if she will, better facilities and lower rates than at other ports,
the business will pour in upon her much faster than she can prepare
herself for it. Already, with her imperfect arrangements, and her
unfortunate system, there are more steamers in the port than can be
accommodated, while the work of proper preparation will take much
time. Let then, for the present, every facility be granted to every appli-
cant for increased wharf accommodation. Induce, if you can, adjoining
wharf proprietors to unite and make wharves suitable for steamers.
Arrange, if possible, for the connection by rail of every wharf where a
steamer can be placed with every railroad leading to places from which
goods destined for the European market are brought, or to which they
are carried.
The value of the property at South Boston, and the value of other
wharf -property, will be increased and not diminished by the increase of
business, whether that business be done either at the Mystic, at Charles-
town, at East Boston, the city proper, or at South Boston; and at which-
ever point the greatest facilities can be furnished at the lowest charge,
there will be the greatest business. It is a business of which there is
enough for all, and there should be no rivalry except to excel among the
wharf-owners of Boston. The aim should be to make the port of Boston,
not East or South Boston only, but the whole port, superior to every
other port in its accommodations, and possessed of greater facilities for
distributing and collecting cargo, which shall be handled always at lower
rates. The Commonwealth can have no rivalry with other wharf-owners.
It will take years to put her property in condition to receive steamers or
cargoes. Tf, in the mean while, business is not accommodated here, some
other port will take it. If business continues to be done here, it will
increase, so that, when the State can get docks upon her property, they
will all be needed, and needed, too, more rapidly than they can be sup-
plied. Clearly, then, it is not only the interest of the State, but the
duty of the Board, to facilitate in every possible way the building of
wharves and docks which will accommodate steamers of the largest size.
1881.] PUBLIC DOCUMENT'— No. 11. 13
In other ports of the world it has been found necessary to make radical
changes in the size and depth of docks, and in the arrangements of the
piers and the buildings therein, so as to accommodate the necessities of
steam navigation; and Boston must do the same thing if she desires to be
a port of large trade with steamers. None of the cities in the Old World
have escaped this, and the works now in progress in New York show how
she is meeting the necessity. Let, then, the wharf-owners commence
their work, and I am sure that the Board will aid them to the extent of
its powers. Co-operation is the only thing which will change the present
harbor front of the city proper into a series of piers and docks suitable
for steamer's use. This co-operation should not be delayed. With it
much can be done during the next summer to increase the facilities of
Boston, and to make wharves, which to-day are of little value, very valu-
able in themselves, and of great assistance in increasing Boston's impor-
tance as a seaport. In East Boston, in South Boston, at Charlestown,
both on the Charles and the Mystic, various parties are doing work which
should be pushed forward without delay. With all these completed, still
more room will be required, some of which, at least, must be found on
the State's property at South Boston. To properly improve this, is, as I
have said, a work of some years, and none of it can be made ready as
soon as it is wanted.
And it is in connection with this property especially that my visit to
Europe was made, and for the proper development of it that I have so
closely examined and so fully reported the present management of the
docks at Liverpool.
• The property at South Boston belonging to the Commonwealth con-
sists of some seven hundred acres of unfilled flats, of which perhaps one-
half is especially fitted for railroad and shipping purposes. Under the
existing laws this Board has the right, with the approval of the Governor
and Council, to make "contracts for the improvement, filling, sale, use,
or other disposition," of these flats; and an appropriation was made in
1878 for certain expenditures which existing contracts will absorb. An
act authorizing the building of a junction railroad to the flats is also in
force; but as there is now nothing belonging to the Commonwealth at
South Boston except partially filled flats, which it will take much longer
to prepare for use than it will to build a railroad, it is hardly probable
that a railroad will be built until the lands are more nearly in condition
for use. To the further loan of the State credit, even for improvements,
there are strong and well-founded objections; and to the grant of even a
portion of the land to parties who might make a large profit upon it
there is also a strong objection. Yet the land remains, and, that there
will be a demand for it as soon as it can be made ready for use, seems
beyond question. If any corporation now authorized could be made a
perpetual trustee, or if, in the absence of such corporation, a trust could
be created, which should be authorized, the fee of the land remaining
in the State, to borrow money upon improvements which should always
be devoted to commerce, somewhat upon the basis of the Mersey Docks,
and the management, like that of the Mersey Docks, to be in the hands
of those who contribute to its revenues, and with such other provisions
14 HARBOR AND LAND COMMISSIONERS. [Jan.
as would insure the reduction of charges as business increased, with no
interest to be earned upon the cost or value of the land, but only revenue
enough to pay the interest upon the cost of the improvements made, and
the necessary expenses for operating and maintenance, the required
improvements could be made without a donation of land, without the
further issue of the State's credit, and without appropriations from the
State treasury, provided the money for the proposed improvements could
be obtained upon the same kind of security for improvements in Boston,
as money is now and for many years has been obtained for improve-
ments in Liverpool. This security is nominally the rentals of docks and
piers, and the amount loaned is their cost; but the real security is the
continuance of the great commercial trade of the port. While Liverpool
continues a commercial port, there is confidence that a rental will be
received, sufficient, at rates which will retain commerce against all com-
petition, to pay the cost of maintaining and operating the docks there
in addition to the interest upon their immense cost of nearly one hundred
millions of dollars. If the same confidence exists as to the permanency
of Boston's increasing commerce, there would seem to be no question of
the ability of docks and piers, which pay no interest upon the cost of the
land, paying an interest upon the cost of the improvements thereon, in
competition with other docks and piers which must earn an interest upon
the cost of both the land and the improvements, and therefore but little
question as to the possibility of borrowing money in this country for all
improvements which might be required from time to time. But, if there
should be doubt about the loan being made here, I have good reason to
believe that the money could be had in Great Britain, and probably at a
low rate. There are two special advantages in this plan, besides those
named: first, it devotes to trade permanently a large tract which can be
utilized at the lowest possible rate for all time, and is therefore a benefit
to both city and State; and, second, it will make the rest of the State
property at South Boston of largely increased value.
Sometimes it is said that business passing through a place as it does
through Liverpool, and will through Boston, is of no material benefit.
Still, in Liverpool the Dock Board employ many thousand men, represent-
ing probably thirty thousand inhabitants of the city, who are paid directly
from the revenue of the docks, besides which are the many men employed
by the railroads in handling the merchandise received from or carried to
the docks, which together represent a population occupying many houses,
and requiring many tradesmen to supply their various needs ; all of which
business, besides the employment of the many men connected with the
shipping, which, in its turn, employs many tradesmen, mechanics, mer-
chants, and bankers, may be traced directly to the docks.
Such are the benefits of the adoption of the Mersey system in Liver-
pool; and, if my suggestions shall meet the views of the Board, I trust
that such legislation may be recommended and secured as may enable
work to be commenced and carried forward at South Boston upon a basis
which, while it increases the value of the property of the State, will
secure to Boston all the business which it can do with ships, and will
enable her also, for all time, to do it at the lowest possible rates. If
1881.] PUBLIC DOCUMENT — No. 11. 15
this can be accomplished, even in a small degree, I shall feel that the
time spent upon my trip has not been wholly wasted.
In conclusion, I desire to express my thanks especially to Messrs.
George Warren & Co. of Liverpool, who were untiring in their efforts to
secure to me all the information I desired ; to Mr. Lyster, the engineer
of the Mersey Docks, for his many courtesies, and for the time, informa-
tion, and introductions which he secured to me; to Mr. Gittins, the
secretary of the Liverpool Docks, for the valuable collection of documents
furnished to me ; to Mr. Forrest, the secretary of the Society of Civil
Engineers in Europe, for his many courtesies, and especially for his
letters of introduction to the engineers of the several ports which I
visited; to the resident engineers of these several ports, for their kind-
ness in furnishing me with every desired information; and to the various
commercial houses and government officials who assisted me so much in
my many inquiries.
WILLARD P. PHILLIPS.
Boston, December, 1880.
From this report, it is evident that many of the principal
ports in Europe are actively at work in preparing docks
suited to the requirements of the large steamers engaged in
the American trade, the extent of which is shown in part
by the large proportion of the whole trade at Liverpool ; and
the returns from the Liverpool docks show how largely the
average size of ships has increased since the introduction of
steam. All docks, therefore, which are intended for steamers
should probably be at least as wide, and the piers as commo-
dious, as those now building at Liverpool.
We agree with the views expressed in the report as to the
probable extent of the trade in Boston if the proper facilities
are furnished. We agree, too, in the suggestion that wharf-
owners in Boston should secure, by co-operation and without
delay, wharves suited for the accommodation of steamers.
We agree, too, that the Board should aid by every means in
its power the construction of new and the enlargement of
old wharves. And we believe that all this will but add to
the necessity of the rapid development of the property at
South Boston.
We join, too, in the recommendation of the report that the
attention of both the legislature and the merchants of Boston
should be directed to the necessity of providing for the con-
nection of all railroads with both the existing docks and
with all new docks built, so as to add to the advantages and
facilities of the port.
16 HARBOR AND LAND COMMISSIONERS. [Jan.
We have been especially interested in the report of the sys-
tem of management of the Liverpool clocks. It is a system
which secures to commerce the lowest possible charges, every
requisite convenience, and permanency. If it could be adopt-
ed here, it would place the control of business in the hands
of the merchants themselves, and could not bat add materially
to the value of the Commonwealth's property at South Bos-
ton, even if one-half of it should be placed in a perpetual
trust for the benefit of trade which it would constantly
increase and develop. It would also avoid the use of the
State's credit, and would make unnecessary any further
appropriations. And we recommend such legislation as may
be needed to make a perpetual trust, in whose hands should
be placed such portion of the South Boston Flats as may be
required and suitable for dock purposes, and that to such trust
should be given such powers to borrow money for improve-
ments, as the legislature may from time to time authorize,
with the farther authority to issue bonds secured by future
rentals, with all necessary and proper restrictions. In the
trust the State should be represented, as is the Conservancy
of the Mersey in the Liverpool trust. The qualification of
members of the board of directors should also be properly
guarded. In the framing of such a bill very great care
should be used, and it is very probable that even with all
this care there would be some alteration or additional provis-
ion required before the lenders of money would be fully sat-
isfied. This might cause the delay of a year, and cannot be
afforded. Time is too valuable. While therefore we recom-
mend such legislation, and most heartily approve of it, we
also recommend further appropriations for the energetic con-
tinuance of work at South Boston. If the trust shall be
created, and shall assume control of the South Boston prop-
erty, the money expended by the State in improvements
would be reimbursed from the proceeds of the first bonds
issued ; and that should be one of the conditions precedent of
the trust. If these recommendations shall be followed, there
need be no delay either in the formation of the trust or in
the progress of the work of reclamation, and every thing will
have been done which can be to prepare the State's property
for the great business which will pour in upon it if it is sea-
sonably prepared to receive it.
1881.] PUBLIC DOCUMENT — No. 11. 17
Back Bay Lands.
FEET.
In 1S57 there belonged to the Commonwealth, in the
Back Bay, so called 4,723,998
Of which there have been donated or transferred, —
as per last report . . . 314,740
In 1880 48,568
363,308
Devoted to streets and passage-ways, as
per last report 2,037,068.6
Sold, as per last report . 2,084,931.6
in 1880 . . . 110,857.45
2,195,7S9.05
Remaining on hand Dec. 31, 1880 . . 127,832.35
4,723,998
The gross proceeds of land sold have been
as per last report $4,307,722 17
In 1880 315,364 85
Rights in Parker Street sold as per last
report $2,200 00
In 1880 100 00
$4,623,087 02
— 2,300 00
$4,625,387 02
Cost of filling, grading, &c, as per last
report $1,626,008 71
auction sales, as per last report . 14,291 78
— ~ 1,640,300 49
Net proceeds to Dec. 31, 1880 $2,985,086 53
Of the whole land belonging to the State in 1857, only
46.48 per cent has been sold ; the remainder, except 127,832.-
35 feet (2.706 per cent), having been given away or used in
streets. The State has already received a net profit of 63.19
cents for every square foot owned by it in 1857 ; and the
2,195,789.05 feet already sold have averaged $2.1054 per
square foot gross ; and, after deducting all the expenses
of filling, the 4,723,998 feet have yielded a net profit of
12,985,086.53, or $1.3594 per square foot sold.
The land sold during the year, and its location, is as
follows •- —
18 HARBOR AND LAND COMMISSIONERS. [Jan.
Area in sq. ft.
Location.
Amount.
2,800.
25,345.6 .
9,810.6 .
9,773.25 .
14,224.
5,152.
10,752.
33,000.
Marlborough Street, north side .
Marlborough Street, south side .
Commonwealth Avenue, north side
Commonwealth Avenue, south side
Newbury Street, north side
Newbury Street, south side
Boylston Street, north side .
Boylston Street, south side .
$9,800 00
69,700 40
44,147 70
37,536 75
29,120 00
10,304 00
32,256 00
82,500 00
110,857.45
square feet, at an average of $2.8447
Lowest price, $2: highest price, $5.
•
$315,364 85
The prices show a general improvement upon the prices
obtained last year ; and, with the continued advance in the
value of the land, it is expected that still higher prices will
be obtained for the remainder.
Upon the sales of the land there was no charge of . broker-
age, the Commissioners having made the sales directly to the
purchasers.
The land donated in 1880 was, —
FEET.
To the city of Boston, for Public Library on Boylston Street,
corner Dartmouth . 33,000
To the State Normal Art School, Newbury Street, corner of
Exeter 15,568
The value of which was at least $150,000.
48,568
The land still unsold is all beyond Dartmouth, and is
located as follows, viz. : —
Marlborough Street (north side) .
Commonwealth Avenue (south side)
Newbury Street (north side)
" " (south side) .
Boylston Street (north side) .
" u (south side) .
. •
FEET.
19,577.6
.
6,411.75
31,584
26,208
57,792
36,176
7,875
44,051
Total square feet
127,832.35
The value of this remaining land must be over $300,000.
1881.] PUBLIC DOCUMENT — No. 11. 19
Received from Tide Lands.
There has been received during the year, under Chap. 284
of the Acts of 1874, for land of the Commonwealth occupied
by wharves or other structures in tide-water, the sum of
$27,484.82; and one or more licenses are pending, wherein
the amount to be paid is not yet determined.
Charles River Basin.
In view of the various projects for encroachment upon
Charles River Basin, and the fact that the harbor-line on
the Cambridge side had been the subject of careful revision
in 1878, it was deemed inexpedient to include that area in
the re-statement of harbor-lines made last year. There are,
however, many reasons why the policy which is to govern
the treatment of this portion of the harbor should be defi-
nitely determined. The city of Boston has asked, and its
application is now pending before the legislature, for a strip
two hundred feet wide on the Boston side, extending from
Cragie's Bridge to a point nearly opposite the junction of
Brookline Avenue with Beacon Street, to be occupied for
park purposes. The owners of flats on the Cambridge side
desire to occupy to the present harbor-line for building pur-
poses, and to enhance the value, of their land within the line,
by improving a strip outside the line two hundred feet wide
for park purposes, in harmony with the plans of the Park
Commissioners on the Boston side. Chap. 25 of the Resolves
of 1878 gave certain powers to the Land Commissioners which
plainly contemplated reclaiming a part of the Common-
wealth's portion of the basin for sale as land. Every con-
sideration affecting navigation, health, or the comfort and
beauty of the locality, demands that so much of the basin as
is not to be reclaimed should be deepened ; and, that no
work to this end may be wasted, it is important to know
just what is to remain open. The area between West
Boston Bridge and Brookline, which forms the upper basin,
comprises about six hundred and fort}^-six acres ; of which
two hundred and forty-nine acres are the property of the
Commonwealth, about three hundred and thirty-four acres
belong to riparian owners on the Cambridge side, and the
remaining sixty-three acres to private parties on the Boston
20 HARBOR AND LAND COMMISSIONERS. [Jan.
side. The average width opposite the Mill-Dam is about
thirty-four hundred feet. If filling is permitted to the
present harbor-lines and no encroachment permitted beyond
those lines, the open basin will then contain about four
hundred and thirty acres, or two-thirds the present area, of
which the Commonwealth will still own two hundred and
forty-nine acres, the riparian owners on the Cambridge side
one hundred and fifty-five acres, and the riparian owners on
the Boston side twent}~-six acres. The basin would then be
about twenty-three hundred feet wide, measuring opposite
Fairfield Street.
All private ownership in the land covered by the basin,
except in a few instances on the Boston, side where rights
to fill have already been granted, is subject to the public
right of flowage by tide-water ; and there is no obligation
to relinquish this right of flowage save as the public inter-
ests may be served thereby. This is true of the area within
the harbor-lines, as well as of the area without those lines.
Encroachment upon the area of tide-water, which could
not be permitted for the purpose of promoting private gain,
may sometimes be wisely allowed for public purposes, as for
the promotion of the public health, or facilitating public
travel. Gain to the public treasury is a public benefit
which it is legitimate to weigh against public advantages
surrendered. As a large expenditure of public money
would be unwise to secure a small advantage to the harbor,
so a large gain to the public treasury may be wisely secured
by concessions which involve but slight disadvantage. To
justify encroachment upon a natural provision for one public
purpose, to secure another public object, it should, however,
be very clear that the advantage to be secured outweighs the
disadvantage involved; and all presumptions in case of doubt
should be in favor of preserving natural advantages.
If the cost of converting a strip two hundred feet wide
on the Boston side of the basin into a satisfactory park will
equal the value of such park when constructed, then there
is no gain to the public from such encroachment. Nearly
one-half the sea-wall which would be required to retain the
proposed embankment in the upper basin must be built in
deep water, in the main channel, at large cost; and a consid-
erable part of the filling occasioned would be in the deepest
1881.] PUBLIC DOCUMENT — No. 11. 21
part of the basin. Whether the money required to construct
the embankment, even if the land were given, would not do
more for park purposes in the purchase of land requiring less
change to adapt it to such use, is a question for the city only,
except so far as it may assist us to determine the importance
of the public benefit to be secured by surrendering this por-
tion of the basin for such use. It ought to be stated, that
the portion in question is not now, or likely to become, a
nuisance : nearly one-half of what lies in the upper basin is
now deep water, and the remainder is that, the deepening
of which will be most readily secured; while in the lower
basin, all the area which it is proposed to occupy for the
embankment is covered by a fair depth of water at all
stages of the tide.
It would be difficult to estimate very closely what might
be realized to the public treasury by reclaiming a portion of
the Commonwealth's land on the Boston side of the basin
for sale as land. The Board recognize that it is as incum-
bent upon them to study the property interest which the
State has in the basin, as it is to ascertain the advantage
or disadvantage to the harbor which may follow changes
therein. If the reclamation of a single row of building-lots,
extending from Arlington Street to the western end of the
Mill-Dam, could be effected in connection with the park occu-
pation, making the embankment perhaps three hundred and
ten feet outside the present harbor-line instead of two hun-
dred feet, it would not be unreasonable to anticipate a profit
to the treasury of from seven hundred and fifty thousand
dollars to one million dollars, according to the prices which
should be obtained for the land sold. If the reclamation
were made independent of co-operation by the city, sufficient
land being filled for one row of lots, with a wide ornamented
street in front, on the border of the basin, the profit would
not be large ; and in view of the depth of water, and the large
cost of the sea-wall, it is not certain that such independent
reclamation could be advantageously undertaken, aside- from
the question of its effect upon the harbor.
The filling which the riparian owners on the Cambridge
side desire to make, is upon flats of which they own the fee.
No grant of land is involved ; but the surrender of the right
of flowage might be as important to the public as a grant of
22 HARBOR AND LAND COMMISSIONERS. [Jan.
land, and cannot be made thoughtlessly. The authority to
fill would hardly be granted, and probably would not be
asked, without compensation in some form for the tide-water
to be displaced. It is proposed that compensation be made
by filling with material dredged from the basin. The mate-
rial forming the bed of the basin is believed to be in large
part equal to gravel from the country, and it is probably
practicable to make the entire filling with dredged material ;
but, making some allowance for inequality of depths, which
may be necessary to secure the required quantity of the best
materia], it is more prudent to estimate that only the amount
of material needed to raise the reclaimed land to grade ten
can be counted effective for securing a uniform depth in the
basin. On this basis, if the Cambridge flats are reclaimed
to the harbor-line, and no encroachment on the Boston side
is permitted beyond the existing harbor-line, the bed of the
basin remaining will be dredged to grade four below mean
low water, thus giving at ordinary low water a minimum
depth of four feet, and at low water of extreme spring .tides
a minimum depth of two feet, with considerable portions
of the basin much deeper. This is probably sufficient to
remove all danger to health, and all annoyance from offen-
sive odors ; and opportunity would be likely to occur from
time to time to obtain other dredging. The Board would
hope that a depth of twelve feet might be eventually ob-
tained. No legislation is required to authorize filling to the
harbor-line, as the general laws are sufficient ; but the pro-
prietors say that the proper development of their land will
require the devotion of a part of it on the border of the basin
to ornamental purposes, and that the cost of reclamation is
so large, that the amount of land available for sale will not
be sufficient to make it certain that their enterprise would
result advantageously. They also say that a strip two hun-
dred feet wide beyond the harbor-line can be enclosed with
ho increase of expense for the sea-wall, and that if they can
be allowed to occupy such strip solely for park purposes, in
harmony with the plans of the Park Commissioners on the
Boston side, it would materially aid their enterprise. It
would in no case be admissible to permit such occupation
in the narrow neck of the basin, immediately below Brook-
line Bridge ; but, if it were permitted from the point where
1881.] PUBLIC DOCUMENT — No. 11. 23
the space between the harbor-lines begins to widen mate-
rially to West Boston Bridge, the area of the basin which
would then remain would be about three hundred and
ninety-six acres, and the minimum depth of water would
be increased about eighteen inches, making five feet six
inches at ordinary low water. The park gained by such
extension would have this advantage over that proposed on
the Boston side, that it would be secured to the public with
no expenditure of public money at the outset in its construc-
tion, and it would occupy what is now the shoal part of the
basin, instead of what is the deepest. If this extension is
granted, it will render much more objectionable that pro-
posed on the Boston side. If the park embankment on the
Boston side is permitted, and that on the Cambridge side
refused, the area of the upper basin, which would then
remain, would be about three hundred and ninety acres,
and the minimum depth would be increased about two feet,
giving six feet at ordinary low water. If both were per-
mitted, the width of the basin would be reduced to nine-
teen hundred feet opposite Fairfield Street, its area to about
three hundred and fifty-six acres, and its minimum depth
increased to nearly eight feet at ordinary low water. It is
of course assumed that no filling will be permitted unless
dredging is required in connection with it.
The relative importance of the different public interests
involved must be determined by the legislature; but on
a careful study of the interests of the harbor, which it is
the province of this Board to protect, it does not seem
admissible to permit any encroachment upon the area of
either basin beyond the present harbor-line, except as already
provided by statute, to abate a nuisance at the abrupt angle
in the line on the Boston side. If the desired deepening of
the whole basin could be secured within a reasonable time,
the Board would incline to preserve it intact ; but it is not
clear that this could be accomplished within the time which
the public would be willing to endure the flats in their pres-
ent condition. If the Board were re-stating the harbor-line
on the Boston side, they would make a curve at one point
where now there is an abrupt angle ; but the only purpose
of making such change is fully answered by Chap. 247 of
the Acts of 1866, which permits the city of Boston to oc-
24 HAEBOR AND LAND COMMISSIONERS. [Jan.
cupy in said angle to a curve therein described, and to appro-
priate the land so reclaimed for ornamental grounds or for
a street, and otherwise they would advise no change in the
line on either side.
The Board do not wish to exaggerate the effect upon the
harbor to be anticipated from filling any part of these basins.
It is easy to overstate the mischief that would follow, and it
is quite possible that it has been overstated in the earlier dis-
cussion of the value and functions of the interior basins of
Boston Harbor ; but, after making all reasonable concession
for over-statement and zeal on the part of advocates of special
scientific theories, the sober judgment of all who are familiar
with the discussion and with the experience in the important
harbors of the Old World must be, that the value of these
interior basins is ver}^ great, and their preservation very im-
portant. At no time in the history of Boston has the impor-
tance of its harbor to its future growth, and through its growth
to the growth of the State, been more apparent than now.
The magnitude of the foreign commerce which the country
is certain, to have, and the share of it which Boston may
reasonably expect to obtain, is but just beginning to be out-
lined ; but enough is already seen by all who have given the
subject attention to make it clear that we cannot wisely be
indifferent to any causes which may impair, in even a slight
degree, the excellence of its harbor. The value of tidal reser-
voirs as aids in securing and maintaining the desired depth
of water at points below such reservoirs is receiving increased
attention in the ports of the world which are now making
the largest expenditure to meet the demands of modern com-
merce ; and there should be great caution in relinquishing
'any advantage which the harbor of Boston possesses in this
direction. The basins of the Charles River are the most
valuable of the reservoirs which remain. A large reservoir
capacity at Prison Point Bay has been surrendered for the
abatement of a nuisance to the public health, and it seems
the more desirable to retain all of that which remains which
it is possible to retain. The filling which may be authorized
in the upper basin within the existing harbor-lines will reduce
its capacity as a tidal reservoir 2,319,140 cubic yards; the
strip which the Cambridge proprietors desire to improve out-
side the line, not continued into the neck of the basin, would
1881.] PUBLIC DOCUMENT — No. 11. 25
reduce it further 550,865 cubic yards; and the embankment
desired by the Park Commissioners on the Boston side would
effect a reduction of 643,000 cubic yards. It should be re-
membered that these quantities do not fully measure the loss,
as the tide-water which lies at the highest plane here is the
most effective in its work below, and the loss which will follow
these encroachments, particularly upon the Cambridge side,
is of tidal volume which lies at the higher plane, while the
partial compensation made by dredging is of tidal volume at
a lower plane. The obstructions of the outlet to these basins
have seriously impaired the value of the reservoirs in ques-
tion, and complicate the problem of their treatment ; but it
is not impossible that these obstructions may be much modi-
fied in the future, so that the power of the tidal flow may be
more fully realized. It should increase the caution with
which any portion of the interior reservoirs are given up,
that the dredging in the harbor below has very much in-
creased the area of channel depth to be maintained, and this
will be still further increased in future. As the work which
the flow of the tides is expected to perform is increased, there
should be care taken that their volume is increased rather
than diminished.
The proprietors on the Cambridge side desire that they
may be authorized to build a bridge to the Boston side be-
tween the Brookline and West Boston Bridges. It is probable
that a bridge at this locality will be required, and authority
has once been given to the two cities to build one by Chap.
314 of the Acts of 1874 ; but this authority has expired. If
it is thought wise to renew the authority, or to give it to
other parties, or to allow this Board to do so, legislation would
be necessary.
The opinion of Professor Henry L. Whiting upon the
physical consequences of the proposed encroachments was
sought by the Board in its study of the question ; and his
report will be found in the Appendix.
Harbor-Lines at East Boston.
The harbor-line at East Boston was established by Chap. 35
of the Acts of 1840, and from time to time parties were
authorized to extend their wharves to the harbor-line. Prior
to 1866 there was no Board to supervise the construction of
4
26 HARBOR AND LAND COMMISSIONERS. [Jan.
the wharves authorized, and each party ascertained the posi-
tion of the harbor-line for himself. It has resulted that a
number of wharves, now ancient, are in fact beyond the
harbor-line ; and some which the owners desire to extend to
the line of the wharves upon either side of them cannot be so
extended, because the harbor-line is in fact within the line
which has been acted upon as the true line. The extensive
plans for development of the more easterly part of the East
Boston frontage which were known to be in progress led the
Board to delay a re-statement of the line upon that side of
the harbor, in connection with that established upon the front-
age of the city proper by the Act of 1880. The Board are
still unprepared to recommend a line for the whole frontage ;
but the difficulties which have recently come to their knowl-
edge, in connection with the position of old wharves in rela-
tion to the existing line, has led them to consider whether it
might not be wise to repeal the existing line, and leave that
frontage without a harbor-line till the studies are ripe for a
comprehensive treatment of the whole. The practical effect
would not be as serious as formerly, as under existing laws
licenses for structures may be given where there is no harbor-
line ; but, in lieu of the restriction of the established line,
such licenses must have the approval of the Governor and
Council.
The Boston and Albany Railroad Company desire to extend
piers beyond the present harbor-line to a point in line with
the other piers at their terminal grounds. Such extension
would cross a channel by which wharves lying easterly are
now approached ; but the railroad compan}^ are willing to
excavate a channel of equal capacity through the shoal lying
outside, and the Board are advised by experts that the cur-
rents are not such at this point that any physical injury to
the harbor would result from turning the channel as desired.
The extension would furnish accommodation much needed,
and the Board desire to grant it if upon full study there shall
appear no insuperable obstacles. If the entire harbor-line at
East Boston should be repealed, as above suggested, no other
legislation would be requisite to permit this extension ; but
if the line should remain as now established, the Board rec-
ommend the passage of the bill for this purpose, given in the
Appendix.
1881.] PUBLIC DOCUMENT — No. 11. 27
Re-survey of Boston Upper Harbor.
In addition to the points of triangulation determined by
the work of Mr. Francis Blake, jun., of the United States
Coast and Geodetic Survey, and given in a list of geographi-
cal positions, together with his report in the Appendix of the
Report of the Board for 1875, a further determination by
triangulation has been made, under the direction of the
Board, by Mr. William E. McClintock, of the initial points
in the harbor-line of so much of the frontage as has been
included in the topographical survey. A list of these geo-
graphical positions will be found in the Appendix in the form
heretofore presented, which is uniform with that adopted by
the Coast Survey. All additional data for determining the-
relative positions of wharves in reference to the established
harbor-line will be furnished, on application, from the archives
of the Board.
Compensation of the Board.
The members of the Board feel very strongly that the
provision of law for their compensation is inadequate for the
service which the position requires. With the consolidation
of work formerly in charge of separate boards, the duties
have ceased to be occasional, and demand daily attention
from all the members. While it was not expected that
the entire time should be given, it is found practically that
there is very little time that can be given to private busi-
ness which is not subject to frequent interruption from the
necessary demands of the public work. If the per diem
measure of the service was best while the work was in
large degree experimental, it has ceased to be even approxi-
mately just. The time and character of service vary from
attention to pure routine work for two or three hours, to the
closest application to matters responsible and exhausting,
continued through the entire day and late into the night.
Whatever is deemed the proper compensation of the Board,
it would seem more just and fitting that it should be meas-
ured by annual salaries. The questions with which the
Board has to deal demand a quality of service that is entitled
to liberal compensation. If they do not have this, it ought
to be made possible to secure it. The aggregate transactions
28 HARBOR AND LAND COMMISSIONERS. [Jan.
of the Board are of sufficient pecuniary consequence to the
Commonwealth to make it important that such service be
had, as the indirect cost of inefficient service may be very
large. It seems a plain duty to present these views for such
action as may be thought proper : if sound, they concern the
efficiency of the Board, and thus the interest of the Common-
wealth, more than the personal interest of any member.
Special Compensation.
The amount of special and exceptional work which was
devolved upon the present Board during its first official year
was so large, that it seems to the Board just that special pro-
vision should be made therefor.
A large amount of time was occupied in connection with
hearings before referees upon the claim of Clapp and Ballou.
The active demand for land upon the Back Bay which began
in October, 1879, required close attention and much time
from all the members. The sales amounted to $556,652.35,
and were effected entirely without the payment of commis-
sions to brokers or auctioneers. Special duties with the Rail-
road Commissioners under Chap. 45 of the Resolves of 1879
also claimed considerable time. The more important special
service growing out of negotiations relating to the land at
South Boston, and the protracted hearing before the legisla-
tive committee arising out of one phase of those negotiations,
involved a large amount of labor. Much of this work was
professional in character, and all of it was responsible and
exhausting. The hearing resulted in a sale under Chap. 260
of the Acts of 1880, amounting to $1,108,165. There is no
provision under which any allowance can be made for extra
or professional service by members of the Board, nor would
they suggest such provision for any moderate amount of
such service ; but the extent of that in question exceeds
what can with justice to themselves be rendered without a
request for compensation. It would seem to be in keeping
with existing legislation to authorize the Governor and Coun-
cil to allow such sum as should appear to them reasonable,
subject to such limit as to amount as may be thought proper.
1881.] PUBLIC DOCUMENT — No. 11. 29
Office and Field Work.
During the last year the operations of the Board connected
with harbors and tide-waters have been in excess of those in
any previous year. The number of licenses granted have
also been larger than heretofore issued in one year. The
demand for maritime facilities in Boston Harbor continues
in about the same proportion with that in other harbors
and coast localities; the applications for authority to build
wharves and other structures in Boston Harbor being about
one-fourth of the number presented. In connection with
these improvements, the attention of the Board has been
called to most of the harbors of the Commonwealth.
The following statistics, in the usual form, show the
particulars of the work : —
Plans approved by the Board of Harbor and Land Commissioners during the
Year 1880, for the Erection of Structures in and over Tide-water, and
Licenses granted for such Structures.
£5os.
512. Kidder, Vaughan, & Co., for leave to construct a wharf in Chelsea
Creek, East Boston. Approved Jan. 15, 1880.
513. Henry S. Sterling, for leave to extend his wharf at North Pocasset
Buzzard's Bay. Approved Jan. 29, 1880.
514. Old Colony Railroad Company, for leave to widen its drawbridge
and extend its draw-piers over Neponset River. Approved Feb.
5, 1880.
515. John C. Rhodes, for leave to construct a solid wharf at Mattapoisett.
Approved Feb. 19, 1S80.
516. George Curtis, for leave to straighten the line of his wharf in Rox-
bury Canal. Approved Feb. 27, 1880.
517. A Cochrane & Co., for leave to extend their wharf on Mystic River.
Approved March 4, 1880.
518. William Rackliff, for leave to extend his wharf at " Oak's Cove,"
Gloucester Harbor. Approved March 18, 1S80.
519. L. G. Burnham and others, for leave to build bridges across Dean's
and Hog Island Rivers, in the town of Essex. Approved March
18, 1880.
520. Fitchburg Railroad Company, for leave to fill land and flats between
its road and Eastern Railroad, in the city of Somerville. Ap-
proved March 18, 1880.
521. Boston and Albany Railroad, for leave to cover with a pile structure
Dock No. 7, and extend Pier No. 7 of Grand Junction 'Wharves,
East Boston. Approved March 25, 1880.
522. R. W. Bowles, for leave to construct a wharf at Mattapoisett.
Approved April 29, 1880.
30 HARBOR AND LAND COMMISSIONERS. [Jan.
Nos.
523. William Hale, for leave to extend his wharf on Merrimac River,
Haverhill. Approved April 1, 1880.
524. Haverhill Steamboat Express Company, for leave to place a floating
wharf on Merrimac River, near Salisbury Point. Approved April
7, 1880.
525. Edward P. Shaw, for leave to place a floating landing on Merrimac
River, near Salisbury Point. Approved April 7, 1880.
526. New Bedford Yacht Club, for leave to construct a pile wharf near
Jfcpe's Island, New Bedford Harbor. Approved April 7, 1880.
527. George Perkins and William H. Perkins, jun , for leave to extend
their wharves in Gloucester Harbor. Approved April 22, 1880.
528. Town of Dennis, for leave to construct a solid roadway across
Sesuit Creek. Approved April 22, 1880.
529. Henry S. Sterling, for leave to extend his wharf at North Pocasset,
Buzzard's Bay. Approved May 6, 1880.
530. Fitchburg Railroad Company, for leave to build an addition to its
Miller's River freight-yard. Approved May 6, 1880.
531. Fitchburg Railroad Company, for leave to construct a bridge in
Miller's River, to connect its freight-yard with Prison Point
Bridge and Austin Street. Approved Sept. 4, 1880.
532. Horatio and J. A. Wellington, for leave to fill their dock west of
Bridge Street, East Cambridge. Approved May 6, 1880.
533. Foster's Wharf Company, for leave to straighten the easterly side
of its wharf on Fort Point Channel. Approved June 24, 1880.
534. City of Boston, for leave to rebuild a portion of Chelsea Bridge.
Approved May 13, 1880.
535. Charles A. Ropes, for leave to extend his wharf on South River,
Salem Harbor. Approved May 20, 1880.
536. James N. Buffum & Co., for leave to extend their wharf in Lynn
Harbor. Approved May 20, 1880.
537. Robert Scott, for leave to drive piles to define the Commissioners'
line on South Boston Point. Approved May 27, 1880.
538. Boston and Albany Railroad Company, for leave to construct an
additional drawbridge over Broad Canal, East Cambridge. Ap-
proved June 9, 1880.
539. Fitchburg Railroad Company, for leave to fill land and flats in Mil-
ler's River, Charlestown District. Approved June 3, 1880.
540. Henry D. Baxter, for leave to construct a boat-pier at Hyannisport.
Approved June 7, 1880.
541. Board of Health of the Town of Swampscott, for leave to extend its
drains on Blaney's Beach, Swampscott. Approved June 10, 1880.
542. William F. Green & Son, for leave to extend their wharf on Border
Street, East Boston. Approved June 10, 1880
543. Charles L. Pearson, for leave to rebuild and extend his wharf on
Fort Point Channel, Boston. Approved June 10, 1880.
544. Lynn and Boston Railroad Company, for leave to build a temporary
bridge in Mystic River. Approved June 10, 1880.
545. M. A. H. Procter, for leave to build a wharf at Plum Island,
Ipswich. Approved June 17, 1880.
1881.] PUBLIC DOCUMENT — No. 11. 31
Nos.
546. Thomas McKinney, for leave to build a wharf on the west side of
Grape Island, Ipswich. Approved June 17, 1880.
547. City of Lynn, for leave to extend and enlarge the " Engine House "
lot on Broad Street, Lynn. Approved June 17, 1880.
548. William C. Poland & Son, for leave to construct a wharf at Moon
Island, Boston Harbor. Approved July 12, 1880.
549. Boston Tow Boat Company, for leave to build a pile pier at East
Boston. Approved July 22, 1880.
550. City of Cambridge, for leave to build a pile structure across Charles
River for the support of a water-pipe. Approved July 29, 1880.
551. Joseph F. Paul, for leave to fill solid part of his wharf near Dover-
street Bridge. Approved July 29, 1880.
552. Boston and Albany Railroad Company, for leave to widen Pier No.
7, and deepen Dock No. 8, Grand Junction Wharves, East Boston.
Approved July 29, 1880.
553. City of Haverhill, for leave to improve the draw-ways of Rock's and
Groveland Bridges across Merrimac River. Approved July 29,
1880.
554. Lynn and Boston Railroad Company, for leave to build a temporary
bridge in Mystic River, north of north draw of Chelsea Bridge.
Approved July 22, 1880.
555. New York and New England Railroad Company, for leave to build
a platform in the Boston and Albany Railroad Company's Dock at
South Boston. Approved Aug. 5, 1880.
556. City of Chelsea, for leave to rebuild its part of Chelsea Bridge. Ap-
proved Aug. 12, 1880.
557. Eastern Railroad Company, for leave to fill solid Mill Creek Bridge
on the line of its road in Essex. Approved Aug. 12, 1880.
558. Pasque Island Corporation, for leave to construct a wharf at Pasque
Island, town of Gosnold. Approved Aug. 19, 1880.
559. Gosnold Mills Corporation, for leave to extend its wharf in New
Bedford Harbor. Approved Aug. 26, 1880.
560. Eastern Railroad Company, for leave to fill solid its main track
between Austin Street and the crossing of the Fitchburg Railroad,
Charlestown District. Approved Sept. 2, 1880.
561. Hull and Nantasket Beach Railroad, for leave to construct its road
across tide- water in the town of Hull. Approved Sept. 16, 1880.
562. City of Boston, for leave to construct a temporary dam in South
Bay. Approved Sept. 16, 1880. '
563. Mary J. Healey, for leave to construct a pile wharf in Dorchester
Bay. Approved Sept. 16, 1880.
564. Washington Allen, for leave to build a stone pier on Scraggy Neck
in Sandwich. Approved Oct. 12, 1880.
565. Edward P. Shaw, for leave to place a floating landing on Merrimac
River, near Salisbury Point. Approved Sept. 23, 1880.
566. Butchers' Slaughtering and Melting Association, for leave to build
a sea-wall and fill flats on Charles River, Brighton District. Ap-
proved Sept. 30, 1880.
567. Proprietors of Tide Meadows in the town of Salisbury, for leave to
32 HARBOR AND LAND COMMISSIONERS. [Jan.
Nos.
fill solid two bridges on the line of the Eastern Railroad. Ap-
proved Sept 30, 1880.
568. John Gary and the heirs of John Wesson and Abel Fitz, for leave to
extend Tuft's Wharf on Charles River, Charlestown District.
Approved Nov. 4, 1880.
5G9. Francis E. Foster, for leave to re-construct his wharf on Mystic
River, Medford. Approved Oct. 8, 1S80.
570 Salem and Magnolia Steamboat Company, for leave to construct a
wharf on Salem Neck, Salem Harbor. Approved Oct. 8, 1880.
571. Salem Bay Yacht Club, for leave to construct a wharf on Salem
Neck, Salem Harbor. Approved Oct. 8, 1S80
572. Standard Sugar Refinery, for leave to extend its wharf on Fort
Point Channel, South Boston. Approved Nov. 11, 1880.
573. Revere Beach Land Company, for leave to construct a bulkhead,
and fill the area enclosed by the same near Cherry Island Bar,
Revere. Approved Nov. 18, 1880.
574. Fitchburg Railroad Company, for leave to extend its wmarf on
Charles River, Charlestown District. Approved Nov. 27, 1S80.
575. Boston and Albany Railroad Company, for leave to extend its Dock
No. 3, Grand Junction Wharves, East Boston. Approved Dec. 9,
18S0.
576. Benjamin Low, for leave to extend his wharf in Gloucester Harbor.
Approved Dec. 9, 1880.
577. Thomas B. Tripp, for leave to construct a wharf in Clark's Cove.
Approved Dec. 16, 1S80.
578. Andrew W. Dodd, for leave to extend wharf in "Vincent Cove,"
Gloucester Harbor. Approved Dec. 23, 1880.
579. Benjamin F. Cook, for leave to extend his wharf in "Vincent
Cove," Gloucester Harbor. Approved Dec. 23, 1880.
580. Heirs of William Collins, for leave to extend their wharf in "Vin-
cent Cove," Gloucester Harbor. Approved Dec. 23, 18S0.
581. Chresten Nelson, for leave to extend his wharf in " Vincent Cove,"
Gloucester Harbor. Approved Dec. 23, 1880.
582. Ellerton L. Dorr, for leave to construct a wharf on Peters Neck,
town of Wareham. Approved Dec. 23, 1880.
583. George Peabody, for leave to extend Fiske's Wharf to harbor line,
Boston Harbor. Approved Dec. 31, 1880.
584. John McKinnon, for leave to build a wharf on Belle Isle Creek,
East Boston. Approved Dec. 31, 1880.
585. Pacific Guano Company, for leave to extend its wharves at Woods
Holl, Town of Falmouth. Approved Dec. 31, 1880.
586. Boston and Albany Railroad Company, for leave to rebuild sea-wall
in Dock No. G, Grand Junction Wharves, East Boston. Approved
Dec. 31, 1880.
1881.] PUBLIC DOCUMENT-— No. 11. 33
Harbor Improvements by the General Government.
The work of the General Government in the harbors and
rivers of the Commonwealth during the year have been of
unusual interest and importance. That in the section north
of Cape Cod has been in charge of Gen. Thom, and that
in the section south of Cape Cod in charge of Gen. Warren.
These officers have at the request of the Board kindly fur-
nished detailed accounts of the operations in their charge,
which will be found in the Appendix, and to which attention
is called.
The great improvements which have been accomplished
under the liberal policy of the General Government, not
alone in Boston Harbor, but in the rivers and smaller har-
bors of the Commonwealth, cannot fail to have a marked
effect upon the prosperity of the State. The projected works
on the Merrimac and Charles Rivers at Nantucket, Woods
Holl, and Wareham, are worthy of attention and encourage-
ment on the part of the State.
The plan of opening the Connecticut River for navigation,
with a depth of eight feet to Holyoke, and the possible ex-
tension of navigation still further up the river, deals with
what is not tide-water, nor yet a harbor, but the Board ven-
ture to commend the measure as one of much practical
importance to the Commonwealth.
The people of Edgartown have been with good cause
much interested in the consequences to their harbor from
the closing of the inlet through Cotamy Beach, and are
moving to secure the renewal of efforts by the General
Government to re-open this inlet. The Board desire to
second heartily this movement, and will co-operate with
the efforts being made to secure the favorable action of
Congress.
ALBERT MASON.
WILLARD P. PHILLIPS.
FRANCIS A. NYE.
Boston, Jan. 1, 1881.
Lege,,, I
=r j Lan,/ ait/iiu orii/uial j.?,on lines.
ggg; J £neroutJimenti- possible m,/„„ existing Aur&or /i/ie,
3J JlncroaiAmena a,t«a/fy maae.
APPENDIX.
APPENDIX.
[A.]
PHYSICAL CONSEQUENCES OF ENCROACHMENT UPON
CHARLES RIVER BASIN.
In- discussing the subject, as above defined, it can be more syste-
matically treated by considering the two geographical sections sepa-
rately : namely, the water-space between Brookline and West Boston
Bridges, which will be called, for the purpose of distinction, the Upper
Basin ; and the water-space between West Boston and Cragie Bridge,
which will be called the Lower Basin.
The natural and physical conditions of these basins are also of distinc-
tive character.
The Upper Basin is a shallow water, with large areas of flats, dry at
low tide, occupying much of its space, and through which a compara-
tively narrow channel of unequal depth and width forces its way.
The Lower Basin is of smaller area, with its channel portion compara-
tively larger, deeper, and more regular in form. The more contracted
natural water-way between the firmer shores of the north end of the city
proper and East Cambridge have formed a deeper channel, which con-
tinues this general character through the lower sections of the river to
its confluence with Chelsea Creek and the Mystic ; and in it3 original
natural state was one of the deepest, if not the very deepest, section of
the arms of the inner harbor, and still so remains.
The value of these interior basins, as reservoirs, has been much af-
fected by the obstructions which, from time to time, have been allowed
to encumber the outlet of the river ; and the treatment of them, as fac-
tors in the conservation of the main harbor, made difficult and uncertain.
In the Ninth Report of the United States Advisory Council for Boston
Harbor, pp. 11, 12, they say, " In the case of Charles River and its adja-
cent basins, the bridges offer at present too much obstruction to make a
full reduction of flats and marshes serviceable. When the bridges which
now encumber the mouth of Charles River and distort its bed are im-
proved by the introduction of such systematic and uniform constructions
as will increase the water-ways, and correct the present disorderly flow
of the stream, it will be practicable to enlarge the tidal prisms here
38 HARBOR AND LAND COMMISSIONERS. [Jan.
described (of the basins above). Tn the existing state of things, we do
not advise any excavations below the half-tide plane."
Much as it may be desired to improve constructions, and more particu-
larly to remove obstructions, no precedent in the history of our legislation
applicable to such cases can be found of acts effecting restoration of
water-ways and water-spaces, or the removal of encroachments upon
them, although frequently done elsewhere. It seems, therefore, only
practicable to consider conditions as they are, and to deal with difficulties
as they exist, and to so study and prescribe the better modes of change
and adaptation to what may be the necessary demands of commerce and
requirements consequent upon the steadily increasing proportions and
importance of the port and city.
in the scheme of revised harbor-lines for the basins of Charles River,
which was recommended by the Board, a careful study was made of the
adjustments of filling and excavation, and a system of lines devised
which left the tidal prism of these basins intact. The details of this
plan were stated in the Seventh Annual Report of the Harbor Commis-
sioners for 1873.
Upon the petition of riparian proprietors on the Cambridge side of
the Upper Basin, the lines established in 1873 were changed by subse-
quent legislation (Chap. 77 of 1878), and a harbor-line established on
the Cambridge side of the basin, which lessened its reserved water-area
by about sixty acres, and its tidal prism by about 885,304 cubic yards. A
statement of particulars in regard to the changes which were subsequently
effected was made in the Annual Report of the Harbor Commissioners
for 1877.
On Aug. 30, 1872, licenses were granted under Chap 236 of the Acts
of 1872 to George Griggs and others, Edward Atkinson and others, and
to the Boston and Roxbury Mill Corporation, to build a sea-wall and fill
solid behind the same on the southerly side of the Upper Basin out to the
harbor-line. A detailed statement concerning this matter was given in
the Seventh Annual Report of the Harbor Commissioners (1873). Work
has been done in substantially carrying out the plans proposed, although
it is not yet completed.
In the Lower Basin no change has been made in the harbor-lines as
they existed at the time of the studies by the United States Advisory
Council.
On July 8, 1874, the Board granted a license to James A. Woodbury
and others, whose interests were afterwards merged in the Cambridge
Improvement Company, to fill flats on the Cambridge side of the Lower
Basin within the harbor-line. This contemplated the occupation of a
large area, about fifty-five acres, and the displacement of about 802,080
cubic yards of tidal prism. The arguments and conditions of the license
granted were stated in the Ninth Annual Report of the Harbor Commis-
sioners for 1875. The operations of this company have been suspended,
although something has been done in partially carrying out the original
plans of filling and excavation ; but, as the work is in an unfinished
state, no surveys have been made by which its present condition can be
ascertained with precision.
1881.] PUBLIC DOCUMENT — No. 11. 39
Li the changes made in the basins of Miller's River and Prison Point
Bay, the loss of reservoir capacity, or tidal prism, is much in excess of
any compensating excavation ; in fact, but little dredging has been done
excepting some minor work in what remains of Miller's River. Compen-
sation in money has been paid for a part of the tide-water displaced, but
at a merely nominal price; the total amount received by the Common-
wealth for the loss of these reservoirs being $11,620 (?). If their full
value had been paid, as estimated by the Advisory Council at the cost of
compensation in kind, the amount would have been $520,000.
A statement was made, in full detail, of the history of the disposition
of those basins, in the Annual Report of the Board for 1877, from which
the following extract is made: — ■
" Of the original bay, which comprised 64.8 acres, subject to the fourth
section of the law of 1866 establishing the Board of Harbor Commission-
ers, 12.8 acres have been filled; there now remain unfilled 52 acres. Of
the 12.8 acres filled, 7.3 acres have been reclaimed without authority; and
of the 52 acres still unfilled, 29 acres have been licensed subject to com-
pensation for tide-water displaced ; so that there remain only 23 acres of
tide-water, over which the Commonwealth retains any jurisdiction in the
interest of harbor preservation."
The following is a tabular statement of the data which have formed
the subject of the preceding remarks: —
40 HARBOR AND LAND COMMISSIONERS. [Jan.
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1881.]
PUBLIC DOCUMENT — No. 11.
41
From as close a measurement and estimation as our data afford, some
of which is not precise, the loss of reservoir capacity, or tidal prism, in
the two basins of Prison Point Bay and Miller's River, amounts to about
1,384,600 cubic yards.
As the judgment and estimates of the Advisory Council were based
upon the combined active functions of all the inner basins of Charles
liiver, the loss of so much of those of Prison Point Bay and Miller's River
makes it still more important to retain all the tidal power they yet possess
in the remaining basins.
In the report of the Advisory Council, before referred to, the tidal
prism of the inner basins of Charles River are given as follows: —
Between Brookline and West Boston Bridges
Between West Boston and Cragie Bridges
Prison Point Bay and Miller's River
CUBIC YARDS.
9,259,900
2,082,500
1,846,215
13,188,015
The loss of tidal prism in these basins since the report of the Advisory
Council including the contemplated displacement of tide-water by the
harbor-lines of 1878 in the Upper Basin, and the fillings authorized on
the part of the Cambridge Improvement Company in the Lower Basin,
we have the following result : —
In the Upper Basin
In the Lower Basin
In Miller's River and Prison Point Bay .
About 22 per centum of the original tidal prism.
CUBIC YARDS.
885,304
802,080
1,384,600
3,071,984
In comparing the amount of obstruction to the outlet of these basins
in 1861, with that of the present date, — 18S0, — those structures only are
mentioned in which substantial change has been made.
In the report of the Advisory Council the areas of the bridges crossing
the month of Charles River are given as follows, to which is added the
areas of the same bridges at the present time in a separate column: —
1861.
1880.
Warren and Fitchburg .....
Boston and Maine Railroad ....
Lowell and Eastern Railroad
Lowell Freight ......
Cragie ........
-Square feet
272,900
216,750
128,740
83,300
74,500
Square feet.
3 89 .'890
284,390
249,770
112,900
81,110
776,190
1,117,060
About 50 per centum of increase from original area.
In an able report prepared by Gen. J. G. Foster in the spring of 1869,
at th time the subject of widening and improving the draw-way openings
6
42 HARBOR AND LAND COMMISSIONERS. [Jan.
through the bridges crossing Charles River was under consideration, and
while he was in charge of the government improvements being made in
the lower harbor, he prepared a table of statistics, showing the extent
and amount of obstruction to the free flow of the tide caused by those
bridge structures, and from which the following items have been taken.
Gen. Foster sent his own men, in boats, under the bridges, and had the
piles in each bridge actually counted, and sketches made showing the
irregular and injurious manner in which the piles were placed in the
various structures.
Number of
Tiles in each
Mean.height
of Piles f 'm
bottom to
Mean ob-
struction
offered by
Total water-
space remain-
ing after
deducting the
13 ridge.
high water.
Piles.
obstruction of
Piles.
Charles River Bridge
486
Feet.
27
Square feet.
1,200
Square feet.
25,401
Warren Bridge ....
771
26
1,637
26,953
Fitch burg R.R. Bridge
3,265
26
68,565
18,215
Boston and Maine R.R. Bridge .
3,754
24
72,077
17,477
Eastern R R. Bridge .
1,022
24i
20,031
Lowell R R. Bridge .
672
24i
13,171
Lowell Freight Bridge
756
24
14,515
34,435
Cragie Bridge ....
663
23
12,199
,24,151
Total ....
11,389
203,395 !
In the case of the Fitchburg Railroad bridge, the most objectionable
structure, the striking condition is exhibited of a mass of obstruction
amounting to 72,077 square feet with 17,477 square feet of free water-
space ; the obstruction being about four hundred per centum of the
room left for free flowage.
As will be seen by looking at the maps, the bridges forming the
most obstruction are in such close proximity and so grouped together as
to form almost a continuous resistance to the flowage. These are the
Warren and Fitchburg, in part one structure, the Boston and Maine, and
the Eastern and Lowell passenger, also nearly a united structure. So that
it may be said, that substantially these bridge structures, in 1869, con-
tained 9,484 piles, each pile averaging a length of 25 feet within the
water^ and presenting the startling amount of 175,481 square feet of
submerged surface ; so disposed, both in rows and singly, that almost
every pile presented an abrupt obstruction to the current. Allowing for
the same ratio of increase in the piling as in the surface area of the
bridges, there would be, at the present time, about 16,400 piles, and
about 303,400 square feet of surface obstruction.
Although the piles which have been driven under the direction of the
Board have been in lines which coincide with the direction of the current,
so that when all the piles under all the bridges shall have been made to
conform to the same order, the flowage will be improved, the disorderly
manner in which the old piling still remains so shuts up the bays that no
material gain is yet effected,
1881.] PUBLIC DOCUMENT — No. 11. 43
From the above statements it is evident that no improvement or relief
to the outlet of the inner basins of Charles River has been effected since
the criticism of their usefulness as tidal reservoirs was made by the able
engineers who gave so much study and investigation to this subject.
It shows, however, the serious consequences and great misfortune of
giving away, little by little, to encroachments, which, at the time, are
made to appear insignificant in their physical disadvantage, while all
important to other purposes they are proposed to serve, until, by persist-
ent appeals for legislation, grants are obtained for which no commensu-
rate equivalent is, or can be, given.
Already one of the choice portions of the inner harbor of Boston is lost
to maritime commerce by the net- work of bridges that cross its deepest
water ; unless it be not too late to reconstruct with a more wise adj ust-
ment of terminal facilities, of which Boston, as one of the few great ports
of our Atlantic coast, stands so much in need. No part of the inner har-
bor affords more inducement to improvement than the lower portion of
Charles River, from the Navy Yard to Cragie Bridge. The Advisory
Council calls attention to it on physical grounds, and a comprehensive
study of its capabilities will develop many other reasons for improve-
ment.
Independent of physical considerations, the improved appliances of
machinery and modes of dredging give the question of excavation a sig-
nificance different from that of the earlier periods when it was less effec-
tively and systematically managed, and when the inner reservoirs and
outer channels of the harbor had more unobstructed avenues, by which
to maintain their connections and exercise their mutual functions.
The subject of harbor conservation and improvement presents, to-day,
more complicated features, and those which bring to bear upon it the
results of experience and knowledge in the more modern modes of treat-
ment.
Jn the licenses granted by the Board for the works in the upper basins
of Charles River, the question of improved navigation was considered of
so much importance, that it entered largely into the scheme of compen-
sation. To further improve these basins by dredging them to a greater
uniform depth, say ten or twelve feet at mean low water, would be a
work of great value.
Such deepening, with the filling of all border-lands, would also be a
sanitary work of the first order. It has been found, by experiment, in
France, that the sanitary influence of waters' which covered lands or
marshes otherwise unhealthy, or into which sewage or other foul mat-
ter found its way, was in proportion to its depth ; that a film of water,
although constantly maintained, did not prevent miasmatic exhalations,
whereas deep water absorbed the noxious vapors, or was so far effective
that the shores and grounds bordering upon them were rarely unhealthy.
The aesthetic question, in the treatment of these basins, is hardly less
important, and has received a public and individual attention which enti-
tles it to high consideration ; while nothing that is likely to be done in
this direction will injure the navigable value of the basins, or impair
their sanitary influence.
4\ HARBOR AND LAND COMMISSIONERS. [Jan.
The purpose and occasion of the present study and investigation of this
subject is a demand for land upon the borders of the Charles River basins
which it is proposed to obtain by encroachments upon their water- spaces;
and the discussion of facts and theories in regard to them has been made
in the hope of leading the way to some wise solution of the problem
under consideration.
In the plans proposed by the Park Commissioners and other parties,
various lines have been suggested. Three definite ones, however, have
been named by the Board for special consideration, — two in the Upper
Basin and one in the Lower Basin.
The first in order is a line in the Upper Basin, beginning at some point
in the present harbor-line near the westerly end of the Mill-Dam, and run-
ning easterly parallel to and 200 feet advanced from the Mill-Dam, turning
the south-easterly corner of the basin by a suitable curve, and running
northerly parallel to the easterly line of the basin, and terminating at a
point on the West Boston Bridge, 200 feet westerly from the present sea-
wall.
Such a general line will take from the basin area about . . 1,602,400 sq. ft.
Equal to about 36-£ acres.
And will reduce the tidal prism 930,100 cu, yds.
The amount of filling required to raise this area to grade
ten 978,279 cu yds.
The second line in order is one following the same general course, and
terminating at the same point on the West Boston Bridge, but being
advanced substantially 300 feet into the basin.
Such a general line will take from the basin area about . . 2,313,500 sq. ft.
Equal to about 53^- acres.
And will reduce the tidal prism . 1,277,920 cu. yds.
The amount of filling required to raise this area to grade
ten 1,326,147 cu. yds.
The encroachment upon the Lower Basin by following the
line proposed by the Park Commissioners, which runs
from a point near the easterly abutment of Cragie Bridge
in a generally straight course to the same point named in
West Boston Bridge, 200 feet from the sea-wall, is about . 200,800 sq. ft.
Equal to about 4-/fr acres.
And will reduce the tidal prism about 74,370 cu. yds.
The amount of rilling required to raise this area to grade
ten, ahout 109,990 cu. yds.
A further project has been brought forward to improve the opposite
Cambridge shores of the Upper Basin ; and a belt of 200 feet, to be taken
from the basin beyond the harbor-line, is asked for as a part of the pro-
posed plan.
Such a line, 200 feet beyond the harbor-line, -will take from
the basin area about 1,650,400 sq. ft.
Equal to about 37^ acres.
And will reduce the tidal prism about ..... 550,865 cu. yds.
The amount of filling required to raise this area to grade ten
will he about the same 550,865 cu. yds.
1881.] PUBLIC DOCUMENT — No. 11. 45
A project looking to the improvement of the Cambridge shores, in
connection with the improvement proposed upon the Boston side, is much
to be desired; but there seems to be no adequate necessity for making
land from the basin area on the Cambridge side, and no exigency to war-
rant an additional encroachment upon it from this direction to that which
has been already made by the advanced harbor-line of 1878. The lands
adjoining are in an unimproved and undeveloped state, open to other
schemes of treatment. Upon the Boston side, where heavy sea-walls and
expensive structures already occupy the immediate shores of the basin, it
is more difficult to operate without taking some territory from the basin.
It would seem a more wise and practicable project to appropriate the
marginal ground of the entire basin to park purposes, and to treat the
subject of the improvement of this splendid basin as a unit.
To devote a certain margin to the aesthetic and healthful purposes of a
park, and at the same time secure the establishment of permanent bound-
ary lines, would have much to recommend it; but no concession should be
made for private purposes, and the least amount of encroachment only
allowed which will serve for public use.
That some reduction of the tidal prism of these basins may be permit-
ted in consequence of the increased obstruction to their outflow, is possible;
but to what extent can only be determined definitely after special ex-
amination and field observations similar in character to those which were
the bases of the judgment of the Advisory Council. Such observations it
has not been practicable to make since the questions under consideration
have been presented. Without such data it would be unwise to prescribe
changes in the physical status of the tidal forces, even as an offset to
increased obstructions, large as they appear to be, which may produce
results that cannot be predicted. As stated in a former report concerning
the changes in the harbor-line of 1878, any scheme other than one look-
ing to tidal compensation must be considered as arbitrary.
The Advisory Council did not recommend excavation in the upper
basins of Charles River below the half-tide plane; but as there are only
small portions of these basins near the upland line of the Cambridge
shore, where the surface of the flats came above this plane, this rather
negative caution on the part of the council goes to establish the theory
that any material change in their present status is undesirable.
Assuming that two hundred feet of advance on the Boston side of the
upper basin, and the line proposed by the Park Commissioners in the
Lower Basin, will accomplish ail that may be desirable, the remaining
condition of these basins will be about as follows: —
Area of basins about 17,334,500 sq ft.
Equal to about 398 acres.
Loss of tidal prism about 6,420,190 cu. yds.
Amount of excavation to deepen the basins to 12 feet below
mean low water 5,825,350 cu. yds.
Amount of space inside of the stated lines as territory to be
filled by the material removed from the bed of the basin
up to say grade ten, is about 1,411,350 cu. yds.
While it is the logical inference that it is not desirable to increase the
46 HARBOR AND LAND COMMISSIONERS. [Jan. '81.
reservoir capacity of the Charles River basins, it does not follow that it is
desirable, or even permissible, to reduce them.
The basins, treated independently of the consequences to the harbor
elsewhere, should remain as large in area as consistent with securing the
desired depth. Their full utilization for navigation., also sanitary and
aesthetic considerations, all require that the depth of water should be
increased. To the extent necessary to secure a desired uniform depth in
the area which may remain, a contraction of area may be permitted.
This is not necessarily to permit just that area to be filled which will
contain the material which it is requisite to remove, but rather that the
privilege of filling which will constitute sufficient inducement to perform
the necessary excavation.
The improvement of these basins ought not to be at the cost of the
Commonwealth; but, on the other hand, if they can be so improved that
great public benefits are conferred in their better adaptation to business
and pleasure navigation, and in their sanitary and aesthetic effect on the
community in which they are located, it is not essential that pecuniary
profit should be derived by the Commonwealth from the improvement.
If, when the public concedes some considerations of advantage, it secures
other public considerations of greater moment, the gain is in even safer
form than if committed into a money profit less permanent in its effects.
Great importance should be attached to the devotion of as much of the
area as shall be reclaimed from the Charles River basins to public purposes
as is practicable; not, of course, because of the effects upon the harbor
below, but upon the broader grounds which any intelligent study of the
question necessarily introduces. The harbor-line upon the Cambridge
side, as already established, is a large concession to the owners of flats,
and any further extension should be granted with great caution. The
appropriation of a belt two hundred feet wide on that side to public pur-
poses is very desirable; and, if it cannot be obtained within the present
harbor-line, it may be expedient to make some further concession. But,
if this should be done, it would be more difficult to permit the three
hundred feet, or even the two hundred feet, extension upon the Boston
side.
Respectfully submitted.
HENRY L. WHITING.
To the Board of Harbor and Land Commissioners.
[B,]
RE-SURVEY OF BOSTON UPPER HARBOR.
48
HARBOR AND LAND COMMISSIONERS.
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50 HARBOR AND LAND COMMISSIONERS. [Jan.
[C]
CONTRACT WITH THOMAS POTTER.
Articles of Agreement made this twenty-eighth day of August, in the year
eighteen hundred and eighty, by and between Thomas Potter, of
Jersey City, in the State of New Jersey, party of the first part, and
the Commonwealth of Massachusetts, acting by its Board of
Harbor and Land Commissioners, party of the second part, witness: —
The said party of the first part hereby covenants and agrees with said
party of the second part, to dredge three hundred thousand cubic yards of
material from the shoals, in that part of Boston Harbor represented by
the space colored red on the plan hereto annexed, at places to be designat-
ed by the engineer of the Board of Harbor and Land Commissioners, and
to deposit said dredged material on the flats of said Commonwealth, lying
east of and adjoining the flats bargained to the Boston and Albany Rail-
road Company, and between the southerly line of Eastern Avenue or
Congress Street extended, and the northerly line of occupation as indicat-
ed on said plan, at such places and in such order as the engineer of said
Board shall designate. It is agreed that all said dredging shall be to a
depth of twenty-three feet at mean low water, and that the bottom of
the whole area dredged over is to be left smooth and regular at that
depth to the satisfaction of the engineer of said Board, and that the
amount of excavation shall be determined by measurement of the filling
when deposited as herein provided, the present surface as shown on a
plan of even date herewith made in duplicate and entitled " Plan of Fill-
ing at South Boston Flats for the Commonwealth," and signed by said
party of the first part, and by said Board, to be used as the basis of such
measurement.
All said filling shall be made from the present surface to grade
thirteen, and shall be left smooth and level at said grade thirteen, and
where the boundaries of said filling are protected by other filling, or by
wall or bulkhead, the filling shall be brought up to grade thirteen at such
boundaries; but where the boundaries are unprotected the material may
be allowed to take its natural slope. In filling immediately behind a
wall or bulkhead the material shall be deposited in such a manner that it
will flow away from the wall or bulkhead, and not towards it. The lines,
grades, and instructions given by the engineer of said Board, shall be
strictly observed, and all necessary aid and materials for giving said lines
and grades shall be furnished by said party of the first part. The dredg-
ing and filling aforesaid shall be commenced within three months after
the execution and delivery of this agreement, and shall be prosecuted
1881.] PUBLIC DOCUMENT — No. 11. 51
continuously during all suitable weather, and with as much despatch as
reasonably practicable until its completion ; and shall be completed on or
before the first day of January, in the year eighteen hundred and eighty-
three.
The said party of the second part hereby covenants and agrees with
said party of the first part, to pay said party of the first part for said
dredging and filling at the rate of thirty-six cents per cubic yard, in the
manner, and upon the terms and conditions, herein set forth and agreed,
as follows: —
Monthly estimates of the work executed will be made by the engineer
of said Board, and for all the material deposited directly from the scows,
a payment of seventy-five per cent of the contract-price will be made;
and for all material deposited from cars, a payment of ninety per cent of
the contract-price will be made; and when said filling is completed to
grade seven upon any portion of said area to be filled, for the material
deposited on the area so raised to grade seven such further payment
shall be made as will make the entire payment therefor equal to ninety
per cent of the contract-price; and upon the entire completion of all said
dredging and filling, in the manner and within the time herein agreed,
the remainder of said contract-price shall be paid.
It is agreed, by and between the parties hereto, that upon all ques-
tions of measurement, lines, or grades, the decision of the engineer of
said Board shall be final.
It is further agreed, by and between said parties hereto, that should
the party of the first part refuse or neglect to prosecute the work herein
contracted for, with the requisite vigor to insure its completion within
the time herein stipulated, or in any other respect violate this agreement,
the said Board shall have power to annul this agreement, and to contract
anew with other parties.
In testimony whereof, the said Thomas Potter has hereunto set his
hand and seal, and the said Commonwealth has caused its seal to be
hereto affixed, and these presents to be signed and delivered, in its name
and behalf, by its Board of Harbor and Land Commissioners, the day
and year above written, and the same to be approved by its Governor and
Council.
THOMAS POTTER. [seal.]
COMMONWEALTH OF MASSACHUSETTS,
[seal of the By Albert Mason,
COMMONWEALTH.] WlLLD. P. PHILLIPS,
Francis A. Nye,
Harbor and Land Commissioners.
In Council, Aug. 31, 1880.
Approved.
HENRY B. PEIRCE, Secretary.
52 HARBOR AND LAND COMMISSIONERS. [Jan.
[D.]
BILL RECOMMENDED.
Commoniuealt!) of fHassacfjusetts.
An Act to authorize the Construction or Extension op
Wharves in Boston.
Be it enacted, 8fc, 8fc.
That the Harbor and Land Commissioners shall be, and hereby are,
authorized to permit the construction or extension of wharves in that
part of Boston called East Boston, easterly of Pier No. 4, so called, of the
Boston and Albany Railroad Company, to such line as they shall pre-
scribe, and in such manner, and on such terms and conditions in other
respects, as are now allowed by law, or shall be prescribed by them.
1881.] PUBLIC DOCUMENT — No. 11. 53
[E.]
STATEMENT OF OPERATIONS DURING THE YEAR END-
ING DEC. 31, 1880, ON WORKS FOR THE IMPROVE-
MENT OF RIVERS AND HARBORS IN THE STATE OF
MASSACHUSETTS, UNDER THE CHARGE OF BREV.
BRIG.-GEN. GEORGE THOM, COLONEL OF ENGINEERS.
I. — Improvement of Boston Harbor, Massachusetts.
The following operations for the improvement of this harbor by the
United States Government have been carried on during the year ending
Dec. 31, 1880, to wit: —
1. Under a contract made Aug. 15, 1878, with Mr. Joseph E. Bart-
lett of Boston, Mass., for the removal, by dredging, of the Man-of-War
Shoal (situated in the upper, harbor, at the confluence of Charles and
Mystic Rivers), to a depth of 23 feet at mean low water, dredging opera-
tions, commenced by him in the latter part of 1878, were continued until
the 12th of March, 18S0, resulting in an aggregate of about 86,000 cubic
yards, in completion of said contract; of •which dredging about 6,000
cubic yards was done subsequent to the 1st of .January. By these opera-
tions this shoal has been reduced on an area of about 55,000 square yards
to the projected depth of 23 feet at mean low water, on the shoalest part
of which the depth was formerly but 15^ feet. This work was done in a
very satisfactory manner, and under difficulties, for which the contractor
is entitled to much credit.
2. On the 28th of August, 1879, a contract was made with the New
England Dredging Company, of Boston, Mass., for —
(a) 38,000 cubic yards, more or less, of dredging at Anchorage Shoal,
for obtaining a depth of 23 feet at mean low water, at 74 cents per cubic
yard, measured in situ; and
(/>) 6,000 cubic yards, more or less, of dredging at the Lower Middle
Shoal, to the same depth as above, at 81 cents per cubic yard, measured
in situ.
Operations were commenced under this contract at Anchorage Shoal
on the 15th of September, 1879, and were continued up to the 17th
of December, when they were suspended for the winter. They were
resumed on the 19th of April, and, after some interruptions by the
dredging at the Lower Middle, were completed on the 22d of September,
1880, resulting in an aggregate of 27,556 cubic yards of dredging {in situ)
under and in completion of said contract; of which 17,619 cubic yards
has been done during the past year. By these operations the main ship-
channel has been opened on an area of about 48,600 square yards, to a
depth of 23 feet at mean low water, for a width of about 550 feet.
51 HARBOR AND LAND COMMISSIONERS. [Jan.
At the Lower Middle Shoal dredging was commenced, under this con-
tract, on the 14th of Juue, and continued until the 15th of August, 1880,
during which period 5,007 cubic yards of dredging (in situ) was done, on
an area of about 17,500 square yards, in completion of said contract. By
these operations the main ship-channel has been widened and deepened
so as to have, for a width of 600 feet, a depth of 23 feet at mean low
water.
3. On the 11th of September, 1879, a contract was made with the
New England Dredging Company — the lowest of four bidders, after
proposals had been twice invited for the work — for 50,000 cubic yards,
more or less, of dredging in Mystic River, near its mouth, at 33 cents
per cubic yard, as measured in scows. Operations were commenced under
this contract on the 2d of October, 1879, and continued up to the 15th
of March, 1880, resulting in an aggregate of 47,953 cubic yards of dredg-
ing on an area of about 25,000 square yards, in completion of the con-
tract, of which 21,830 cubic yards of dredging has been done during the
present year. By these operations the main channel at this place has
been opened to a depth of 23 feet at mean low water (or 33 feet at mean
high water) for a width of 125 feet throughout the whole extent of this
shoal. The adopted project calls for a width of 300 feet when completed.
4. A large and dangerous sunken rock, recently discovered and located
in the main channel in Broad Sound, was broken up and removed in
August and September last. This rock had a depth of but 9 feet of
water on it at mean low water, with a depth of 16 feet around it. After
several attempts to find it, it was discovered by the aid of a diver who
had been employed on a vessel which had run upon it in April last.
By the operations of the past year, as above described, all the work
hitherto projected for the improvement of Boston Harbor proper has
been completed, with the exception of that at Anchorage Shoal, where it
is projected to open the main ship-channel to a least width of 1 ,000 feet.
By the River and Harbor Act of June 14, 1880, the sum of $75,000
was appropriated for the impiovement of Boston Harbor to be applied
as follows, viz. : —
1. Boston Harbor proper $30,000
2. At the mouth of Charles River, in said harbor, and up to
Watertown 22,500
3. At the mouth of Mystic River, in said harbor .... 17,500
4. From said harbor to Nantasket Beach 5,000
Under this appropriation the following work has been done for im-
proving navigation at the several places named, viz : —
1. Boston Harbor proper. — A contract has been made with Messrs.
Moore & Wright of Portland, Me., — the lowest of five bidders, — for
65,000 cubic yards, more or less, of dredging at Anchorage Shoal, at 39
cents per cubic yard, measured in scoios, the same to be completed on or
before the 30th of June, 1881. Preparations are being made to com-
mence this work on or about the 1st of January. It is probable that
under this contract this channel will be opened for an additional width
of about 325 feet, and a total of 875 feet.
1881.] PUBLIC DOCUMENT — No. 11. 55
2. At the mouth of Charles River, in said harbor, and up to Walcrlown. —
A survey of Charles River was made in 1878. with a view to its improve-
ment from its mouth up to the head of tide- water at Watertown. The
project for its improvement consists of opening the channel first, from its
mouth up to Western-avenue Bridge (a distance of about 4f miles) to
a depth of not less than 7 feet at mean low water (or about 17 feet at
mean high water) for a width of 200 feet; second, from Western-avenue
Bridge up to Market-street Bridge (an additional distance of about 3£
miles) to a depth of not less than 6 feet at mean low water (or about 16
feet at mean high water) for a width of 100 feet; and third, from Market-
street Bridge up to the dam at the head of tide-water (an additional dis-
tance of about 1| miles) to a depth of 3 feet at mean low water for a
width of 75 feet. The estimated cost of this improvement, at the prices
now ruling, is $125,000. In commencement of this work under the
appropriation made therefor, as above (to wit, $22,500), a contract has
been made with Messrs. Moore & Wright of Portland, Me., — the low-
est of four bidders, — for 50,000 cubic yards, more or less, of dredging,
at 39 cents per cubic )7ard, as measured in scows, the same to be completed
on or before the 30th of June, 1881. Operations were commenced under
this contract in the latter part of November, and have been continued to
this date. It is expected that, with the amount now available for this
river, its improvement will be completed, as projected, up as far as
Western-avenue Bridge.
3. Mouth of Mystic River. — Under the appropriation of $17,500 made
by act of June 14, 1880, for improving the channel at this place, a con-
tract has been made with Messrs. Moore & Wright of Portland, Me., —
the lowest of five bidders, — for 50,000 cubic yards, more or less, of
dredging, at 29 cents per cubic yard, as measured in scows, the same to be
completed on or before the 30th of June, 1881. Operations were com-
menced under this contract in November last, and have been continued
to this date. It is expected that, with the amount now available for this
work, the channel will be opened to the projected depth of 23 feet at
mean low water for an additional width of about 120 feet, — making a
total width of about 215 feet, the full projected width being 300 feet.
4. Nantasket Beach Channel. — In order to ascertain the nature and
extent of the improvements contemplated for this place, a survey has
recently been made of this channel from its head at Nantasket Beach
down to its outlet at World's End; and the project adopted for its
improvement consists in straightening, widening, and deepening the
channel by dredging, and by the removal of sunken ledges from the
mouth of Weir River up to the steamboat-wharf (a distance of about 600
yards), so as to have a depth of 9 feet at mean low water (or about 19 feet
at mean high water) for a width of 100 feet. A contract for the dredg-
ing (viz., 15,000 cubic yards, more or less) has been made with Mr.
Robert Hamilton, jun., of Chebeague Island, Me., — the lowest of three
bidders — at ISf cents per cubic yard, as measured in scows, the same to
be completed on or before the 15th of May, 1881. In addition to the
dredging, about 12 cubic yards of sunken ledge will also have to be
removed. The unexpended balance now available will be sufficient for
completing this work.
56 HARBOR AND LAND COMMISSIONERS. [Jan.
The estimated cost (additional) for completing- all the improvements
projected for the harbor and rivers, as above, is as follows : —
1. Anchorage Shoal $37,500
2. Mystic River Shoal 10,000
3. Charles River 102,500
Total $150,000
For these works the sum of $125,000 has been asked to be appropri-
ated by Congress for the next fiscal year.
II. Improvement of Merrimac River, including Newburyfort
Harbor, Massachusetts.
The present project for the improvement of this river was adopted in
1870, and modified in 1874 ; the object being to afford a channel of navi-
gable width, and a depth of not less than 9 feet at mean low water (or
about 16| feet at mean high water) from its mouth at the outlet of New-
buryport Harbor up to Deer Island Bridge, a distance of about five miles;
and thence up to Haverhill Bridge (an additional distance of 12£ miles),
a depth of 12 feet at ordinary high water, the rise and fall of tides vary-
ing from 7^ to 4 feet ; and thence up to the head of the " Upper Falls "
(an additional distance of 4 miles), a depth of not less than 4£ feet in
the ordinary stages of the river with the mill-water at Lawrence running;
the rise and fall of the tide varying from 4 feet at Haverhill to 0 at the
foot of the " Upper Falls."
The natural channel of this river was very narrow and crooked in sev-
eral places, and much obstructed by sunken ledges, bowlders, and shoals ;
and especially at " the falls," portions of which were covered with bowl-
ders and ledges more or less bare, and impassable for any vessels or scows;
whilst in Newburyport Harbor the channel was obstructed by numerous
sunken ledges, crib-work piers, and wrecks, seriously endangering navi-
gation.
Previous to January, 1880, the wTork done for the improvement of this
river consisted in opening the channel above Haverhill and through " the
falls " to the projected width and depth, in places where absolutely neces-
sary to make its navigation practicable ; also, in dredging at Haverhill,
between the bridges, and at Silsby's Island Shoals, as well as at Currier's
Shoal (about 4 miles below Haverhill), and at Rock's Bridge (6| miles
below Haverhill), including the removal of a large number of dangerous
sunken rocks at and near Rock's Bridge and the head of Silsby's Island ;
also, in Newburyport Harbor, in the partial removal of Gangway Rock
and North Rocks, and in the removal of a sunken wreck.
By the River and Harbor Act of June 14, 1880, the sum of $12,000
was appropriated for continuing the improvement of Merrimac River,
which, with $3,092 available from the appropriation of March 3, 1879,
made $15,092 available for this work. This amount has since all been
applied to the improvement of the river, as follows, viz.: —
1. At and near its Mouth in Neivburgport Harbor. — Under a contract
made with Mr. James Andrews of Biddeford, Me., — the only bidder, —
1881.] PUBLIC DOCUMENT — No. 11. 57
for completing the removal (commenced in 1870) of Gangway Rock, at
$30 per cubic yard, measured in situ, this work was completed by him
between the 11th of September and the 8th of October, 1880, whereby
the rock was broken up and removed to a depth of 9 feet below the plane
of mean low water, or 16^ feet at mean high water, requiring the re-
moval of 22i cubic yards of ledge above that plane.
A submarine party, with a sloop provided with suitable steam-drills
and hoisting apparatus, was also employed by the day in the removal of
the following obstructions in Newburyport Harbor, to wit: —
First, Six sunken piers and one sunken scow lying directly across the
main channel one-half a mile above its mouth at Salisbury Point. These
piers had about 5 feet of water over them at mean low water, and were
built of crib-work, and ballasted with stone; and, it is said, they were
placed there in about 1812 and previous thereto in order to prevent the
entrance of hostile vessels into the harbor. By means of the submarine
parties, two of these piers and one scow were discovered during these
operations. These piers and scow were all broken up, and removed to a
depth of not less than 9 feet at mean low water.
Second, The wreck of the schooner '• Greyhound," sunk in November,
1879, was broken up, and removed from the main channel at the entrance
of the harbor.
Third, A large sunken rock (ledge) lying in mid-channel between the
north and south piers was broken up, and removed to a depth of 12 feet
at mean low water, containing altogether about 6£ cubic yards; and other
shoal points of ledge situated in the main channel near North Rocks and
the mouth of the river were in part broken up and removed. These
submarine operations were carried on between the 28th of July and the
11th of September, and afterwards between the 9th and 31st of October,
1880.
2. At and near " (lie Falls" above Haverhill, and at RocVs Bridge, 6|
Miles below Haverhill. — Under a contract made with the Pentucket Navi-
gation Company for the removal from the channel at the " Lower Falls "
of 95^ cubic yards of sunken ledge, at $30 per cubic yard, measured in
situ, this channel has been completed to its full projected width and
depth. This work was commenced in September, 1879, and completed
on the 25th of October, 1880.
For the further improvement of the channel at "the falls " and Rock's
Bridge, a dredging-machine and scows (specially adapted to this work),
with full crews for the same, were hired by the day, at $75 per working-
day of ten hours. Dredging operations were commenced at the Upper
Falls on the 30th of July, and continued to the foot of the Lowrer Falls
till the 2d of November; during which period the channel at the Upper
Falls was straightened, widened, and deepened where necessary for the
completion of the same. The channel at the Lower Falls and below was
also widened and straightened; and with the aid of a diving party, a very
large quantity of ledge and bowlders was broken up, and removed from
the channel throughout the whole extent of " the falls." The unusually
low stage of the river this season facilitated these operations to a degree
seldom to be experienced, and for this reason they were continued until
58 HARBOR AND LAND COMMISSIONERS. [Jan.
a rise of water. On the 10th of November the dredging-machine and
diving party were transferred to Rock's Bridge, where they were employed
until the 20th of November in deepening the channel and in removing
numerous large bowlders by which navigation had been much endangered
at that place.
By the operations above described, the navigation of the river has been
very much improved during the past season. But more work still remains
to be done, especially in the removal of sunken rocks at Rock's Bridge
and in Newburyport Harbor, for effecting all the improvements necessary.
An additional appropriation of .116,500 has been asked for this work.
III. Improvement of Newburyport Harbor, Massachusetts.
By the River and Harbor Act of June 14, 1880, the sum of $50,000
was appropriated for the improvement of this harbor, which it has been
decided to apply to the improvement of the shifting and uncertain chan-
nel at its entrance by means of rubble-stone jetties. With a view to a
proper understanding of the bar and currents at its entrance, as well as
of the material composing the bar, and all other facts bearing upon this
subject, a very accurate survey was made of this locality in July and
August last. A new project, based upon this survey, was submitted to
the War Department in September last, which has since been approved
and adopted. It consists of two converging rubble-stone jetties built out
from the shores north and south of the entrance to such an extent as will
secure a constant depth of 13^ feet across the bar at mean low water, or
21 feet at mean high water. The estimated cost of these jetties, together
with the shore protections at the extremities of Salisbury Beach and
Plum Island, is $240,000.
Under the appropriation made, as above, for this work, a contract has
been made with Mr. Frederic A. Ingerson of Haverhill, Mass., — the
lowest of four bidders, — for furnishing and placing in the northern jetty
(beginning at its shore end) 50,000 tons, more or less, of rubble-stone
in commencement of this improvement, the work to be commenced on
or before the 1st of April next, and the contract to be completed on or
before the 30th of November, 1881.
IV. Improvement of Scituate Harbor, Massachusetts.
A survey of this harbor was made by Gen. Thorn in 1878, " with a
view to its adaptability as a harbor of refuge;" based upon which a
project was made and submitted to the War Department, with estimates
of cost for the same. This project consists of two rubble-stone jetties,
or breakwaters, built at the entrance of the harbor: one to project from
Cedar Point near the lighthouse on the north side of the entrance, in a
direction south, 36° east, for a distance of 800 feet ; and the other to project
from the point of the first cliffs on the south side of the entrance, in a
direction north, 10° west, for a distance of 730 feet, being so located as to
shut out all easterly winds from the proposed harbor, and also to occupy
the shoalest and most favorable sites in regard to cost.
In connection with the jetties, it is proposed to excavate a basin inside
of sufficient area for the harbor, with a depth of 10 to 12 feet at mean
1881.] PUBLIC DOCUMENT — No. 11. 59
low water, or about 20 feet at mean high water; the greatest depth at
present being not more than about 5 feet at mean low water on a very
small area: also to excavate a channel, so as to afford an easy ingress into
the harbor with a constant depth of not less than 10 feet at mean low
water.
The estimated cost of this improvement, as revised for the project
adopted, is $225,000.
This project has been approved by the War Department, and the con-
struction of the jetties will be commenced as soon as a sufficient appro-
priation shall be made by Congress to justify it. By the River and Har-
bor Act of June 14, 1880, the sum of $7,500 was appropriated therefor.
V. Improvement of Plymouth Harbor, Massachusetts.
All the works projected for the protection and preservation of Long-
Beach (which gives to this harbor its only shelter from easterly storms)
were completed in 1879; but, exposed as they are to injury from those
violent storms, they will necessarily require occasional repairs. They are
now in an essentially good condition, and fully answer the purpose for
which they were designed.
For the improvement of the harbor itself, the sum of $10,000 was
appropriated by the River and Harbor Act of March 3, 1875, by which
a channel about 50 feet in width was opened by dredging from the Middle
Ground up to Long Wharf, — a distance of about 2,500 feet, — to a depth
of 6 feet at mean low water, or 16 feet at mean high water.
The project for the improvement of this harbor provides for a channel
6 feet in depth at mean low water, and 100 feet in width, up to Long
Wharf; and thence extended southward to the mouth of Town Brook, —
a distance of about 900 feet above Long Wharf, — so as to form a basin
in front of the wharves of the town 125 feet in width, with a depth of 8
feet at mean low water.
For continuing this improvement, the following sums have since been
appropriated by Congress, to wit : —
By the River and Harbor Act of March 3, 1879 $3,500
By the River and Harbor Act of June 14, 1880 10.000
Total $13,500
Owing to the smallness of the appropriation of 1879, it was decided
to wait for an additional appropriation before doing any thing further
towards the completion of this work.
With the above amount available ($13,500), a contract has been made
with Messrs. Robert Hamilton, jun., and Solomon Sawyer, of Maine, —
the lowest of four bidders, — for 60,000 cubic yards, more or less, of
dredging, at 17 cents per cubic yard, measured in scows ; the same to be
completed on or before the 30th of June, 1881. The contractors com-
menced dredging under their contract on the 11th of November, 1880,
and have continued it up to the close of the year, whereby the channel
has been opened to a width of about 70 feet, with the projected depth.
For completing this improvement to the extent projected as above, an
60 HARBOR AND LAND COMMISSIONERS. [Jan.
additional appropriation of $11,500 has been asked for, to be expended
in the next fiscal year.
YI. Improvement of Provincetown Harbor, Massachusetts.
All the works projected for the protection, preservation, and improve-
ment of this harbor, have been completed, with the exception of the
bulkhead on Long Point. These works are all in good condition, and
fully answer the purpose designed, They will, however, require continual
watching and occasional repairs.
Under the appropriation of $500 made by the River and Harbor Act
of June 14, 1880, together with the unexpended balance of the appro-
priation of March 3, 1879, aggregating $1,112.17, repairs have been made
where most necessary, — on the bulkhead on Long Point, in which GG^^o
tons of rubble stone has been used.
For completing the stone bulkhead on Long Point, and making repairs
on other works where necessary, an appropriation of $7,000. has been
asked for the next fiscal year.
YII. Survey of Malden Eiver, Massachusetts.
By the River and Harbor Act of June 14, 1880, provision was made
for the survey of this river, with a view to the improvement of its navi-
gation. This survey has since been completed, and a project for its
improvement, with an estimate of its cost (amounting to $35,000), has
been submitted to the War Department for the information of Congress.
This project consists of straightening, widening, and deepening its
channel from its mouth up to the bridge near the rubber- works in Mai-
den,— a distance of about two miles, — so that vessels drawing 10 feet
of water can ascend to that bridge on the high water of neap tides in a
channel 100 feet in width.
1881.] PUBLIC DOCUMENT — No. 11. 61
[F-]
STATEMENT OF OPERATIONS DURING THE YEAR 1880
ON WORKS FOR THE IMPROVEMENT OF RIVERS AND
HARBORS IN MASSACHUSETTS, UNDER THE CHARGE
OF BREV. MAJOR-GEN. G. K. WARREN, LIEUTENANT-
COLONEL OF UNITED STATES ENGINEERS.
[A.]
Survey of Nantucket Harbor, Massachusetts.
It must be noted that the wording of the act does not specify any
particular place of improvement ; whether to deepen the water on the
bar at the existing entrance, which the United States undertook to do
by dredging in 1829, '30, '31, or to attempt to make an opening through
the Haulover Beach into the " upper harbor," a scheme that has several
times been brought up for consideration, and notably so in the reports
accompanying the Annual Report of the Board of Harbor Commissioners
of Massachusetts for the year 1872, and there recommended as " an
experiment" "worth an earnest trial."
That the Nantucket Bar has always been an obstruction, and of a
most serious character too, is unquestionable. The survey made by
Lieut. Jonathan Prescott, First United States Artillery, reported Jan.
13, 1829 (printed, House Representatives, War Department, Document
97, 2d session Twentieth Congress), gives the depth on the shoalest bar
as " 6 feet at low water." Lieut. Prescott does not state what low water
is meant, whether mean or extreme ; but it is probable that mean low
water is intended.
The United States Coast Survey charts of the survey of 1846 show 6
feet at mean low water. Further soundings by the United States Coast
Survey in 1865 show still 6 feet as the limiting depth. The survey made
by me in 1874 shows about the depth of 6 feet at mean low water; and our
examinations this year show a depth of 6 feet at mean low water. (The
mean rise of the tide is about 3 feet. Spring tides range about 4 feet, so
that low water of spring tides would not give more than 5£ feet on the
bar, and the extreme low waters of very rare occasions may not allow
more than 4 feet )
It does not appear, then, as a fact that the bar has, during the past
few years, become a greater obstruction by a lessened depth thereon ;
but the line of deepest water is frequently shifting. This is supposed
by some to be due to changes produced by the ice lodging upon the bar in
winter, and the changing appears to have been principally on the outer
shoals, and always in a direction to the eastward.
62 HARBOR AND LAND COMMISSIONERS. [Jan.
It is a fact that the mail-steamer experienced unusual delays in the
early part of the present year, but this was owing to the new channels
which had formed not being found. Capt. Gibbs, of the lighthouse
steamer " Verbena," however, sounded and buoyed the new channel-line,
which, as our recent survey shows, has the normal depth of 6 feet at
mean low water as its limiting shoal, just as it has been heretofore. I
believe it is conceded now, even by those who draughted the memorial,
that the depth on the bar is as great as it has ever been.
While on the matter of obstruction to entering Nantucket Harbor, it
may as well be stated that the ice in winter does not generally prevent
the mail-steamer going out and in. Some winters she loses one, two, or
three days. In the experience of forty-eight years — the first steamer
was put on in 1831 — there were not more than five winters when fifteen
days were lost. In the winter of 1856, '57, thirty to forty days were
lost.
There is here a large miscalculation as to the size of this head of the
harbor, which includes only the part between Pocomo Head and the
Haulover Beach, this part being separated from the rest of the harbor
by a shoal not having more than 1 to 2 feet depth on it at low water.
According to the United States Coast Survey charts, the whole area of
the upper harbor between Pocomo Head and the Haulover at low water
is 1,920 acres, or 3 square miles; the area having 6 feet at mean low
water, 960 acres, or 1^ square miles; the area having 12 feet at mean
low water, 280 acres, or -| square mile; the area having 18 feet at mean
low water, 128 acres, or i square mile.
Practicability of making a Permanent Opening through the Haulover
Beach 9 or 10 Feet Deep at Mean Low Water.
After a full discussion of this project Gen. Warren expresses the fol-
lowing opinion: "It appears to me that from the foregoing showing
there is very little reason to believe the experiment will ever succeed. It
is with great regret, as far as it disappoints honest expectations, that I
am compelled by my honest judgment to say so."
The Project of Improving the Present Entrance to Nantucket Harbor.
A consultation of ordinary maps, and particularly the charts of the
United States Coast Survey, presents so good an idea of the general
features of this harbor and island, that a description is not necessary.
It has been stated in the first part of this report, that there is and
always has been, since the occupation of the island, a limiting navigable
depth at the entrance of about 6 feet at mean low water. The shoal is
of great breadth, with channel poorly defined, and is composed of sand,
easily moved by waves and currents, so as to change from year to year.
The outer part of the bar was found by Lieut. Prescott, in 1828, to be
composed of sand for a thickness of 3 feet, and below that of hard blue
clay. This determination has not since been repeated. If this clay
underlies the sand for any considerabe extent of the bar, it would indi-
cate the base of the bar to be probably composed of glacial deposit simi-
lar to many parts of the island.
1881.] PUBLIC DOCUMENT — No. 11. 63
Nantucket Island, in recent times, does not seem to suffer much from
the abrasion of the sea, its shores being nearly everywhere protected by
a beach of sand. Observation shows that this sand probably comes from
the waste of the south shores of Martha's Vineyard Island, particularly
the high cliffs near its west south shore.
The motion of this sand along the shore of Martha's Vineyard Island
is eastward. Falling into the Muskeget Channel (separating it from
Nantucket) large portions are carried seaward, forming Wasque (Wa-
que) Shoal, and the remainder crosses this channel, and forms Tucker-
nuck and other shoals to the west of Nantucket. It is probable that a
portion of this sand, which is moved by the waves across the Muskeget
Channel, keeps moving eastward, both on the north and south sides of
Nantucket Island ; thus contributing to the bar at the entrance to Nan-
tucket Harbor, and to the beach on the south shore of Nantucket Island.
The form of the Coatue Beach, east of the entrance, indicates also a
motion of the sand in the contrary direction, westward from Great Point;
but this is probably only a wave-shore motion from the point towards
the hollow of the great bend of the shore, while the eastward motion of
the sand from Muskeget Channel is due to the combined power of the
waves and currents, whose sands in part the waves throw upon that
shore.
The position of Point Rip, off and east of Great Point (see Diagram
A), indicates that the sand brought here is mainly deposited on the east
side, so that the sand coming around from the south by the east side of
the island does not come into Nantucket Sound.
If now we compare Nantucket Harbor with Edgartown, we see that
there is no drifting- sand from the west to the east across the north side
of Martha's Vineyard, as in the case of Nantucket, and consequently no
supply of sand to fill up Edgartown entrance, as in the other case. Ed-
gartown entrance was, therefore, deeper than Nantucket entrance, from
causes independent of the southern opening the former had through
Cotamy Beach; and the closing of this latter has in no way injured Ed-
gartown Harbor. Hence there is no reason to think that an opening
through the Haulover will make Nantucket entrance like that at Edgar-
town, and the cases are so dissimilar that we cannot conclude that it may
not be an injury at Nantucket if we make a permanent opening through
the Haulover.
Assuming, then, as reasonable, that the sands at the Nantucket Bar
come from the west through the Muskeget Channel, and are spread out
over the sound, it is probable that the north winds and their waves drive
this upon the hollow bend of the Nantucket shore, and that the littoral
wave-motion works the sand both east and west towards the entrance, as
there is a sand-spit on both sides, although that forming Coatue Beach
on the east is much longer than that known as Brant Point on the west.
The sand-spits, thus maintained by littoral sands moving towards the
ends, approach each other as closely as the water entering and leaving
the tidal basin will allow ; and then the sand which reaches the ends is
washed away by the current, some going to fill up the harbor, and some
going to form the bar outside.
64 HARBOR AND LAND COMMISSIONERS. [Jan.
The overlapping of the Coatue Point shows that the supply from this
direction exceeds that from Brant Point, and this condition gives a direc-
tion to the issuing or ebb current towards the north-west. But at the
outer part of the bar (nearly one mile distant) the currents of the sound
are nearly always eastward, so that a new direction is given to the line of
deepest water there, and the channel has for years past been moving
eastward at its outer end.
Plan of Improvement of Nantucket Bar.
This bar (independent of what influence the underlying clay reported
by Lieut. Prescott has) corresponds in its formation with many other
bars at the entrances to enclosed basins made by beaches formed by litto-
ral sands extending across the points of headlands. The treatment of
such is well established in practice to be the erection of jetties to stop
the motion of the littoral sand, and concentrate the action of the tidal
currents to scour and maintain a channel between them. Generally a
jetty on each side is required; but sometimes one will suffice, and one
can generally be tried with safety to the project, and let the necessity for
the other be determined by the result. This seems to be the case at
Nantucket. As early as 1828 Mr. Zenas Coffin of Nantucket — a man
of wealth, whose descendants are still there — contemplated driving a
row of piles from Coatue Point, on the east side of the entrance, and
talked about it so that it is well known and remembered. Other Nan-
tucket men have suggested to me a jetty here too.
In regard to the use of piles, I do not think they will answer except as
an auxiliary, for the ice in winter might move them bodily.
I, however, prefer the placing of the jetty on the west side of the
entrance, keeping during its erection such a watch upon Coatue Point
that no injurious change shall occur there.
The jetty I propose is to be triangular in section, with side slopes of 45
degrees; the top to be 5 feet above mean low water for a distance of
4,000 feet from the shore; the outer 2,500, being more exposed to the
action of the waves, should be 4 feet wide on top, with the same side slopes;
and the same height. The outer end, or head, being in deeper water,
should have increased dimensions to meet the greater shock of the waves
and effect of ice to which it will be exposed. The jetty is to be of large
riprap stone, dropped immediately upon the line of the work; or, as it is
a shallow bar and much exposed, it maybe better to land the stone inside
the harbor on Brant Point, and lay a railway track (probably a mile long),
carry the stone to the point on the shore where the jetty is to begin (see
Diagram A), continue the railway on piles out along the line of the jetty,
and drop the stone as the track advances.
The following is the estimated cost of a jetty of the above description : —
First section, 4,000 feet, 7 tons of riprap per linear foot, stone to average
1\ tons, 28,000 tons.
Second section, 2,500 feet, 12 tons per linear foot, stone to average 1J tons,
30,000 tons.
Total, 58,000 tons, at $1.75 $101,500 00
Add for contingencies 10,500 00
112,000 00
1881.] PUBLIC DOCUMENT — No. 11. 65
It is thought that this improvement could be carried on to ultimately
increase the depth to 12 to 14 feet or more; but to do this a second jetty-
may be required, which, in general terms, may double this estimate.
No benefit could result unless at least one jetty was completed: so it is
urged,, if the plan proposed to improve the present entrance is attempted,
that the whole amount for the first jetty be appropriated in one, or, at
most, two years.
Recapitulation of Estimates.
First, For a channel through the Haulover, 10 feet wide and 2 feet
deep at mean low water, $1,200.
Second, For a channel through the Haulover, 6 feet deep and 100 feet
wide, and for a channel 6 feet deep thence to the wharves, $32,000.
Third, For a jetty on the west side of the entrance to the harbor to
increase the depth on the bar, $112,000.
[B.]
Work in Wood's Holl Straits.
The principal work has been in widening and straightening what is
known as the Lone Rock Channel, which passes between Grassy Island
on the north and Red Ledge on the south, and which was before the
work commenced not more than 30 or 40 feet wide and very crooked.
It is now direct and 120 feet in width, with a depth of not less than 9
feet at mean low water ; and 140 feet wide, 7^ feet deep, at same time
of tide.
Although what has already been done has greatly facilitated the pas-
sage of the Wood's Holl Strait by the passenger steamboats now running
through it, the channel should still further be enlarged for the use of the
government steam- vessels and the more general class of coasting-steamers,
as originally designed; and there can be no doubt that the full plan of
enlargement for sailing-vessels should also be prosecuted to completion.
Work proposed for the Fiscal Year ending June 30, 1881.
Work will be continued until the funds available are expended in
widening the present channel by removing bowlders.
No appropriation was made for this work by Act of June 14, 1880,
and nothing further can be undertaken.
To make the steamboat channel 200 feet wide and 9 feet deep at low
water, the original estimate was $22,000, and will require an additional
appropriation of $12,000. The work is of such a nature that any expen-
diture upon it is a part of the final improvement designed and estimated
for the use of sailing-vessels. The amount that could be advantageously
expended on this work in the fiscal year ending June 30, 1SS2, is $50,000.
It is recommended that this amount be appropriated.
9
66 HARBOR AND LAND COMMISSIONERS. [Jan.
[C]
Survey of Wareham Harbor, Massachusetts.
General Description of the Harbor.
This harbor is an estuary of Buzzard's Bay. It is about 13 miles
east of New Bedford, and 6 miles west of Monumet, the southern end of
the proposed Cape Cod Ship Canal.
It is about 3 miles in length, with a width varying from 200 feet to
more than £ a mile.
Into this estuary empty Agawan River at its head, draining about 45
square miles; Broad Marsh River on the west side, draining 4 square
miles; and Weweantic River on the west side, below Long Beach, drain-
ing 95 square miles.
A small stream, called Crooked River, draining but 1 square mile,
empties into it from the east.
The shores for the most part are low, with extensive marshes that are
submerged by spring tides.
The harbor, commencing at the rail and highway bridges at Wareham,
which, not being provided with draws, prevent any navigation above
them except by barges, is about 200 feet wide. At the south end of the
Franconia Iron Company's Wharf, 1,400 feet further down, it is 400 feet
wide; from this point it opens out into a bay 2,000 feet in width. Near
the mouth of Broad Marsh River it narrows to about 900 feet, which
width it retains for about 1,200 feet, when it again widens into a bay
more than £ a mile wide.
This bay is separated from Buzzard's Bay by Long Beach, which
extends from the east shore out about 2,000 feet. This beach is com-
posed of sand. At low-water level the sand is coarse, with gravel and
pebbles; above low water it is fine, and easily moved by wind or waves.
The width of the beach at low water varies from 200 to 800 feet; at ordi-
nary high water a narrow strip of sand, not more than 100 feet wide in
the widest part, is above water. At high water of spring tides the whole
beach is submerged.
Outside of this beach is an extensive shoal or flat, the curve of 6-foot
depth being ^ of a mile distant at the east end, and more than | a mile
at 'the west end. The water on the inside of this beach is bold; at the
west end of it a vessel drawing 9 feet can at low water approach within
50 feet of the high-water line.
Previous Surveys.
A survey of this harbor was made in 1870 under direction of the
Harbor Commissioners of Massachusetts. The report upon this survey
appears in their Fifth Annual Report, 1871, and is as follows: —
"During the past year the Board has had made a careful survey of
Wareham River, with a view to the establishing proper harbor-lines, and
the determination of the causes that have led to the formation of shoals
near the wharves. They also have in mind to apply to Congress for the
removal of the bar that has formed at the mouth of the river, should the
1881.] PUBLIC DOCUMENT — No. 11. 67
results seem to justify such action. The great importance of this port,
and the extensive manufactures carried on there, call for a serious effort
to improve the navigation of this river, upon which the prosperity of the
place almost wholly depends."
In their next annual report a comparison is made between the condi-
tion of the harbor in 1845, as shown by the United States Coast Survey,
and by their survey of 1870. This comparison showed that marked
changes had taken place in the upper part of the river. Of this they
say, " It can hardly be questioned that the construction of the solid pier
between the west side of the river and the sluice-way, or bay, through
which scows and boats now pass, and the solid embankment of Cape Cod
Eailroad on the west side of the river, together with the stone ballast
which has been thrown around and between the piers of both the rail-
road and town bridges, have contributed mainly to the injury sustained,
and have caused the violent and unequal currents which have dug out,
as it were, the deep holes above, between, and below the bridges, and
thrown up the abrupt and injurious shoals beyond them."
The injurious effects of the bridge structures they think is " confined
to about the first 400 feet below them."
In regard to these they say, ' ' While there is no doubt that the physi-
cal condition of this upper portion of the river could be improved by the
removal of the railroad embankment, the whole, or a part, of the solid
pier near the centre of the river, the stone ballast from under each of the
bridges, and the reconstruction of the railroad piers, it would be a meas-
ure of doubtful economy. It is the opinion of the Board, that the river
could be improved, and the improvement maintained, for a much less
sum than it would take to remove and remodel the objectionable portions
of the existing structures."
Harbor-lines were established by the Board on both sides of the river
from the bridges at the upper end to Barney Point.
In 1871 a survey was made under direction of Gen. George Thom,
United States Engineer, in accordance with a resolution of the House of
Kepresentatives. The report upon this survey, including estimates for
improving the channel, was published in the Annual Report of the Chief
of Engineers for 1872, pp. 973-976.
The map of the survey of the harbor, made in 1870 by Professor H. L.
Whiting for the Harbor Commissioners, was used as a basis for the sur-
vey of 1871 under Gen. Thom. Additional soundings were taken, and
current observations made on the flood and ebb tides at the railroad bridge
and at Quahaug Bar. The soundings were reduced to the plane of mean
low water established in 1870.
The plan of improvement estimated for and recommended by Gen.
Thom was dredging a channel 250 feet wide and 9 feet deep at mean
low water through Quahaug Bar, and straightening and widening the
channel through the " upper bar; " estimate was also made for removing
a large bowlder near the mouth of Weweantic River, — the whole .to cost
$45,000.
68 HARBOR AND LAND COMMISSIONERS. [Jan.
History of Improvements made.
In 1872 Congress made an appropriation of $10,000 for the improve-
ment of this harbor; another appropriation of $10,000 was made in
1873, $10,000 in 1874, and $10,000 in 1875: making a total of $40,000.
Dredging was commenced in 1873, and completed in 1876, making a
channel from 250 to 300 feet wide and 10 feet deep at mean low water
from Long Beach around Quahaug Bar; thence, by cutting off shoal
points, a least width of 200 feet was made to the " upper bar." Thence
to the bridge, at the upper end of the harbor, the width decreased to 100
feet; the depth made in this part was 9 feet at mean low water.
During the progress of the improvement in 1873, a detailed survey of
the harbor was made, as the maps of previous surveys were not sufficiently
in detail to serve as a guide in carrying on the works of improvement.
This survey showed that there was less depth of water in the harbor than
had been previously supposed.
The report of this survey was published in the Annual Report of the
Chief of Engineers for 1874, pp. 21G-220.
On the completion of the improvement above described, there was
about $1,700 remaining on hand. With this an attempt was made, in
1877, to catch the sand brought along the south side and over Long
Beach into the harbor, by building a sand-catch fence. This fence was
of a single row of cedar-trees on the higher parts, and on the lower parts
of two rows of posts 4 feet apart, connected by stringers and ties placed
1 foot below the surface of the sand. The space between these two rows
of posts wras filled with brush to about 2 feet above the general surface,
this brush being held in place by small stone.
In a storm, accompanied by a very high tide, in the following Octo-
ber, a portion of this fence was washed away. In July, 1878, it was
rebuilt, and loaded with larger stone.
The removal of the bowlder in We wean tic River, estimated for in the
report of Gen. Thorn, was not undertaken, because there was no longer
any demand for it.
Surcey and Map.
The survey of this season was confined to the channel dredged in
1873-1876, and to the part outside of Long Beach not included in pre-
vious surveys. A map of the harbor from the bridges to the "four
buoys," outside of Long Beach, on a scale of 200 feet to an inch, accom-
panies this report. This map shows the present condition of the channel,
the depth on the flats and in coves from survey in 1873, the harbor-lines
as established by the Harbor Commissioners in 1871, and the channel
desired by those interested in the commerce of Wareham and for which
estimates are made.
Present Condition of the Harbor.
Beginning at the bridges at the upper end of the harbor, we find in the
deep hole, which is undoubtedly caused by the obstruction formed by the
embankments, and piers, and riprap protection of the bridges, a depth of
1881.] PUBLIC DOCUMENT — No. 11. 69
26 feet at mean low water, the same as in 1873. Immediately below this,
the shoal with the dredged channel along the wharves to the west has a
depth of but 4.1 feet on it. This shoal has increased in size, and. now
encroaches upon the channel, leaving a width of but 70 feet with 8 feet
depth.
From this shoal to the "upper bar," which begins about 900 feet
below the Franconia Iron Company's Wharf, the dredged channel has
about the same general width and depth as when completed. In some
places it has widened by scour, and in some narrowed by deposit.
The channel dredged through the " upper bar," 150 feet wide, and
from 9 to 10 feet deep at mean low water, has filled up so that in the
shallowest place there is but little more than 7 feet depth at mean lo"*7
water. This filling is over the whole width of the channel, and for 600
feet along it.
From this bar to the entrance of the harbor at Long Beach but little
change has taken place in the dredged channel.
At Q.uahaug Bar it has narrowed somewhat by filling in from the bar
or north-west side of the channel, and widened on the opposite side by
scour.
There is now a channel not less than 100 feet wide, and 9 feet deep at
mean low water, from the entrance to the "upper bar." The mean rise
of tide is about 4 feet, so that vessels drawing about 13 feet can go to
the " upper bar" at mean high water, but cannot cross it drawing more
than 11.5 feet.
The fence on Long Beach, built to catch the moving sand, is in very
good condition, and for much of its length sand has collected about it
nearly up to the level of high water. On the part of the beach above
ordinary high water, the sand is blown about by the wind so that its
height is not much increased by the fence. A storm from the south will
fill the sand in along the fence that will be blown out into the water by a
northerly wind.
Proposed Improvement.
From a consultation with those interested in the navigation of this
harbor, I learned that the depth of the channel made in 1873-76 was
deemed by them sufficient for the class of vessels likely to be employed in
the commerce of the place if that depth can be maintained.
The width of channel made, they say, is too small to allow vessels to
beat in or out, and for this reason valuable time is lost by vessels that
come to this port.
This want of width for beating is particularly felt above Barney Point
and through the " upper bar." Some trouble is found in getting through
the channel at Quahaug Bar, but less than in the upper part.
To meet these requirements will require that the channel through -the
"upper bar " be made 350 feet wide. The entire removal of the " upper
bar " is wanted by those interested, -so as to make the pocket of deep water
to the east, now used for anchoring boats in, available for beating in; but
the harbor-lines, as established, place part of this pocket of deep water
inside of the pier-head line.
70 HARBOR AND LAND COMMISSIONERS. [Jan.
Estimate is made for dredging the entire space on the ' ' upper bar ' '
east of the present channel to the harbor-line on the east side. This, would
give a width of 350 feet. This is a greater width than is proposed below,
and will require the removal of a large amount of material. We have
therefore made an estimate for a channel 200 feet wide through this bar;
thence to Barney Point, to widen and straighten the channel to 200 feet,
and 10 feet depth ; from Barney Point to the entrance of the harbor, to
make the channel 250 feet wide in its narrowest part, and 10 feet deep.
A depth of 10 feet is made, so that, when the sides of the cuts are
washed down by the waves and by vessels striking them, there will still
be a least depth of 9 feet.
The fence already built on Long Beach seems to have determined the
feasibility of holding and building up this beach above high water, and
in that way cut off one of the sources of supply of sand that now finds
its way into the harbor.
The growth of the shoal, of which this beach is the inner margin, and
its encroachment upon the lower part of the harbor, have been considera-
ble within the memory of those who sail out of the harbor. A map of
Wareham, made by S. Bourne in 1832, shows a wide opening near the
eastern shore, and a shoal outside of it. Through this opening, boats
went in and out to the fishing-grounds.
This map does not give the depth of water. The map of the United
States Coast Survey, made in 1845, is the earliest one on which the depth
of water is shown. Since that date the filling has been going on slowly;
but the beach is not likely to become permanent unless it is raised above
storm-tides, and the sand held against the action of the winds by vege-
tation.
To do this it will be necessary to build a sand-catcher on the site of
the present fence : this to be of brush loaded with stone. It should be
built above storm-tides. From this spurs should be built on the south
side : these would not require to be so high or strong as the main line.
They should be built by beginning at the lowest point of the beach, and
building one at first. When the sand fills out to the end of it, another
may be built, and so on until the whole beach is widened and raised. As
soon as any portion of the beach is above spring tides, it should be
planted with beach-grass to prevent the sand being blown away.
Some complaint is made of the narrow channel at the " four buoys,"
about | of a mile below the "beach." An examination of it showed a
channel 12 feet deep at mean low water, with a least width of 125 feet,
with bowlders on either side of it.
We could not learn that any serious trouble had been experienced here ;
and, as it is better than we propose to make the channel farther up the
harbor, no estimate is made for its improvement.
Pilots find some trouble into the harbor in thick weather, or near night,
from their inability to see the westerly end of Long Beach. If they can-
not see it, and get out of their course to the eastward, they get ashore on
the Long Beach flats. It is thought that a " day beacon " should be built
•on the west end of the " beach," and thus this danger avoided or lessened.
1881.] PUBLIC DOCUMENT — No. 11. 71
Estimates.
FIRST ESTIMATE.
Dredging 00,000 cubic yards from channel near bridge, and through
" upper bar," 350 feet wide, mud and sand, at 25 cents . . $15,000 00
Dredging 15,000 cubic yards, in widening the channel from " upper
bar" to Barney Point, mud and sand, at 25 cents .... 3,750 00
Dredging 24,000 cubic yards of sand, in widening the channel at
Quabaug Bar 6,000 00
Removal of bowlder from channel upper side of Quahaug Bar . 300 00
For holding Long Beach, 2,000 cords of brush, in place, at $2 . . 4,000 00
4,000 tons of stone on beach, at $2 8,000 00
Building spurs, 20, at $100 2,000 00
Planting beach 1,000 00
Add for contingencies 4,000 00
• Total $44,050 00
SECOND ESTIMATE.
Same as the first, except the channel through the "upper bar " is 200 feet wide,
instead of 350.
Dredging 36,000 cubic yards from channel near bridge, and through
"upper bar" $9,000 00
The other items, same as in first estimate 25,050 00
$34,050 00
Add for contingencies 4,000 00
$38,050 00
[D.]
Improvement of Taunton River.
Work proposed for the Fiscal Year ending June 30, 1881.
With the appropriation of $17,500, made by Act of Congress approved
June 14, 1880, it is proposed to begin the improvement as planned for
in the above report; viz., " to secure 11 feet of water at mean high tide
up to the Weir Bridge," by commencing at the bridge, and working down
river.
The work to be done by contract with the lowest bidder, after adver-
tising for proposals in the usual manner.
Respectfully submitted.
G. K. WARREN,
Lieutenant- Colonel of Engineers,
Bvt. Major- General.
PUBLIC DOCUMENT. No. 11.
ANNUAL REPORT
OF THE
Harbor and Land Commissioners,
THE YEAR 1881.
BOSTON:
Eattfi, &berp, & Co,, Printers to t&e
117 Franklin Street.
1882.
€ommontoealil) of Jttoasculjusetts.
HARBOR AND LAND COMMISSIONERS' REPORT.
To the Honorable the Senate, and the House of Representatives of the Com-
monwealth of Massachusetts.
The Board of Harbor and Land Commissioners, in accord-
ance with the provisions of law, respectfully submit their
Annual Report for the year 1881.
South Boston Flats.
The reclamation of land lying easterly of that heretofore
sold to the Boston and Albany Railroad Company and to the
New York and New England Railroad Company has made
good progress during the year. About two hundred and fifty
thousand yards of material dredged from the harbor under
operations of the General Government and of private parties
have been deposited on the flats lying immediately east of B
Street. This has been accomplished at very small expense
to the Commonwealth for the construction of bulkheads to
retain the filling and for superintending the dumping.
Only a small quantity of material has been deposited under
the contract of Aug. 28, 1880, with Thomas Potter, for three
hundred thousand cubic yards ; but the contractor promises
that the entire quantity shall be deposited before Jan. 1, 1883,
the time required by the contract.
Under the appropriation of five hundred thousand dollars
made last year, the Board decided to obtain as much filling
as practicable, using no part of the appropriation for the con-
4 HARBOR AND LAND COMMISSIONERS. [Jan.
struction of piers. Several considerations operated to lead
to this decision. By prosecuting the filling as rapidly as
possible, the removal of the remainder of the shoal lying in
front of the territory already reclaimed will be accomplished
at the earliest time practicable. The filling required must
be done before any piers which could be constructed would be
available for use, and the filling is of necessity a slow process.
The great advance which has been made in appliances for
the transaction of large business warns us that it must not
be assumed that this advance has ceased. Piers and docks
planned to meet the most approved methods of to-day might
not be all that would be demanded five years hence, and the
special needs of those who shall occupy the premises must
largely determine what will be required for docks and piers.
A contract was made in August with the New England
Dredging Company to dredge and deposit upon the flats to
be reclaimed nine hundred thousand cubic yards of material
within four years from the approval of the contract. Work
was begun immediately under this contract, and is progress-
ing satisfactorily. It will require the removal of only seven
hundred thousand cubic yards to take away all that remains
of the shoal lying between the channel in front of the re-
claimed territory and the main channel, and give twenty-three
feet depth at mean low water from East Boston piers to
South Boston sea-wall. On the completion of the two con-
tracts now in progress, this depth will be secured, twelve
or thirteen hundred feet easterly of what is known as the
fifty-acre piece, covering all the frontage now reclaimed and
all that will be reclaimed by the material obtained from this
dredging. The material obtained under the Potter contract
is being deposited next easterly of the fifty-acre piece, and
will raise to grade thirteen an area of about fifteen acres ;
that obtained under the contract with the New England
Dredging Company is being deposited, a part immediately
easterly of the area covered by the Potter contract, and a
part in the rear of this and of the Potter area, and will raise
to grade thirteen a further area of about forty-three acres.
The area lying between the last-mentioned area and the pres-
ent line of riparian ownership comprises about thirty-seven
acres, and is likely to be filled from miscellaneous sources
already mentioned by the time the filling in front is com-
1882.] PUBLIC DOCUMENT — No. 11. 5
pleted. The filling under the Potter contract and the New
England Dredging Company contract is all placed south of a
bulkhead erected thirteen hundred feet in rear of the front
line of occupation, leaving ample room for the construction
of docks and piers twelve hundred feet long. The area left
for docks and piers comprises about forty acres, making a
total of one hundred and thirty-five acres available for occu-
pation when these are constructed.
The contract with the New England Dredging Company
amounts to $431,000, which with the minor contracts for
bulkheads, the completion of B Street, engineer and other
expenses attending execution of the work, will substantially
exhaust the existing appropriation ; but it is not now seen
that there would be advantage in entering upon other con-
tracts of importance the ensuing year.
There are still some fractional interests in the area which
the Commonwealth attempted to purchase between B and E
Streets under the provisions of chap. 446 of the Acts of 1869,
which are not yet acquired, g3^ of one lot and ^ of another
are outstanding. At the price paid for the interests pur-
chased, these outstanding interests amount to $5,234. The
original appropriation having expired, a new appropriation of
ten thousand dollars was made by resolve, chap. 61, of 1877,
but limited so that no part of the appropriation could be used
unless all the outstanding interests were secured. The larger
interest could be secured on the same terms as those already
purchased, but the smaller could not. Two years later, by
chap. 170 of the Acts of 1869, it was provided that three thou-
sand three hundred dollars might be used. This would have
been sufficient to have purchased the larger outstanding in-
terest ; but during the delay litigation had arisen between the
owner and a mortgagee, which suspended negotiation, and the
appropriation again expired. The Board recommend a re-
newal of the appropriation made by the Act of 1877, but
without the limitation which imposed the necessity of acquir-
ing all or none.
A contract has been made with the New York and New
England Railroad Company for covering B Street with gravel
at fifty cents per cubic yard, and the tracks are laid for the
execution of the work.
6 HARBOR AND LAND COMMISSIONERS. [Jan.
Back Bay Lands.
In 1857 the Commonwealth owned on the Back Bay
Of which there have been donated . . 363,308
Devoted to streets and passage-ways . 2,037,068.60
Sold as per last report . 2,195,789.05
Sold in 1881 . ' . . . 25,238.75
2,221,027.80
Remaining for sale Dec. 31, 1881 . . 102,593.60
FEET.
4,723,998
The gross proceeds of land sold as per last
report .......
The gross proceeds in 1881
Rights in Parker Street as per last report .
Cost of filling, grading, etc., as per last
report .
Cost of auction sales as per last report
:,623,087 02
83,549 75
,626,008 71
14,291 78
Net proceeds to Dec. 31, 1881
There has been sold in 1881 as follows:'
2,800 feet Marlborough Street, north side,
for .......
3 174 1 feet Commonwealth Avenue, south
side .......
19,264 feet Newbury Street, north side .
4,723,998
[,706,636 77
2,300 00
t,708,936 77
$1,640,300 49
$3,068,636 28
$11,200 00
15,873 75
56,476 00
$83,549 75
The average price per foot obtained was |3.31, the lowest
price $ 2.75, and the highest price $5.
The sales have been much less than last year ; but there has
been no decrease in prices, and the amount of land remaining
unsold is so small that no apprehension is felt that as good
prices will not be obtained for all that remains.
The land unsold is located as follows : —
Marlborough Street, north side
Commonwealth Avenue, south side
Newbury Street, north side
Newbury Street, south side
Boylston Street, north side
Boylston Street, south side
16,777.6
3,237
12,320
26,208
36,176
7,875
102,593 6
The value of the remaining land cannot be less than
8250,000.
1882.] PUBLIC DOCUMENT — No. 11. 7
By chap. 185 of the Acts of 1875 for the laying-out of
public parks in or near the city of Boston, it was provided
that any real estate in the city of Boston, which in the opinion
of said Board shall receive any benefit and advantage from
the locating and laying-out of a park under the provisions of
this Act, beyond the general advantages to all real estate in
the city of Boston, may, after like notice to all parties inter-
ested as is provided by law, to be given by the street com-
missioners of the city of Boston in cases of laying out streets
in said city, be assessed by said Board for a proportional
share of the expense of such location and laying out ; pro-
vided, that the entire amount so assessed upon any estate
shall not exceed one-half of the amount which said Board
shall adjudge to be the whole benefit received by it. The
terms of this provision are certainly sufficiently general and
sweeping to include the State House and all the land of the
Commonwealth, if no exception is implied. The principle
that the property of the Commonwealth is exempt from taxa-
tion independent of statute exemptions has been long estab-
lished, and applied by the court of last resort to taxation for
local improvements of a public nature as well as to taxation
for general public purposes (116 Mass., 193) ; and, if the Legis-
lature had intended that the general language of the statute
should be construed to include any land of the Common-
wealth, it would probably have provided that some agent of
the Commonwealth should have authority to pay the assess-
ment on such land. The failure to make such provision, and
the fact that the only method of collection provided was by
sale of the land assessed, would seem conclusive that it was
not intended to make an exception to the general principle,
were it not that a different view has been taken by the com-
missioners acting under the statute, and assessments have
been actually made upon land of the Commonwealth on the
Back Bay amounting to 113,495.75. More than half this
amount was assessed upon land which had been bargained
by the Commonwealth before the park was laid out, and
which the Commonwealth was under obligation to convey
at a price fixed, and which could not be increased by reason
of any effect of the park. Legal proceedings have been
instituted by the Attorney-General to test the validity of
these assessments, and it is probable that no legislation
8 HARBOR AND LAND COMMISSIONERS. [Jan.
will be required. It is proper, however, that the matter
should be brought to the attention of the Legislature. If the
Commonwealth had not contributed otherwise to the con-
struction of the parks of the city, it might be said that the
same equity existed for subjecting the vendible lands of the
State to assessment for park construction as existed for sub-
jecting land of citizens to such assessments ; but on consid-
eration of all the facts it will be seen that the Commonwealth
will not have been wanting in liberal action toward the parks
if the general principle so unquestionably sound is allowed
to operate undisturbed. By chap. 92 of the Acts of 1881 the
Commonwealth authorized the use for park purposes, under
the Act of 1875, of 133,400 feet of land lying in Charles River
Basin, the money value of which was many times the amount
of the assessments in question. By chap. 247 of the Acts of
1866 a grant was made to the city of Boston for similar pur-
poses, though of less extent.
Tide-Lands.
There has been received during the year, for land of the
Commonwealth occupied by wharves and other structures in
tide-water, the sum of $58,663.75. This amount is much larger
than has been received in any previous year since the passage
of the Statute of 1874 under which these sums are received.
Harbor Lines.
In the reports of the Board for 1878 and 1879, the subject
of harbor lines for the inner harbor of Boston was presented ;
and in the latter report, 1879, a scheme was submitted and a
description prepared of a series of lines along the frontage
of the city proper, from Dover-street Bridge to West Boston
Bridge, and of the westerly side of Charles River from
West Boston Bridge to the Navy Yard. These lines, as
reported and described, were afterwards, by chap. 170 of
the Acts of 1880, established as harbor lines.
In accordance with the original intention and general plan
proposed, the Board has made a further study and prepared
a scheme of lines for the frontage of East Boston from Me-
ridian-street Bridge on Chelsea Creek to Pier No. 4 of the
Grand Junction Wharves on the northerly side of the main
basin of the inner harbor. A detailed description of these
lines is given below.
1882.] PUBLIC DOCUMENT — No. 11. 9
In confining the project now submitted to the portion of
the harbor frontage included within its range, the Board has
been guided by considerations of public interest in prescrib-
ing lines for those parts of the harbor where improvements
and the development of the business occupation of the front-
age required the direction and limitation of proposed and
progressing structures.
The south-easterly frontage of Charlestown and the west-
erly side of Chelsea Creek are already well denned by the
substantial sea-walls of the United States and those built by
the Mystic River Improvement Company. The former have
been long in place, and the latter conform to established har-
bor lines which require no re-statement.
No commercial exigency demands an immediate revision
of that part of the frontage of the city of Chelsea lying
between Chelsea and Meridian-street Bridges. This part of
the water-front of the harbor may, however, require future
modification ; but it should be made in connection with a
comprehensive study of the physical and commercial and
economic capabilities of the Mystic River above Chelsea
Bridge and of Chelsea Creek above Meridian-street Bridge.
The Board has not yet had opportunity (nor means) to make
the necessary examinations and surveys upon which such a
study should be based, and therefore presents, at this time,
no scheme therefor.
In their last Annual Report the Board gave a brief account
of the imperfect condition of the harbor line of East Boston,
with some explanation of the causes which had led to it, and
expressed the opinion, that, while some of the wharves
extended beyond the present harbor line, others might be
extended without injury to the harbor, and at the same time
afford additional commercial facilities of value to the port.
A remedy for these defects was suggested, or a mode of deal-
ing with special cases like that of the Boston and Albany
Railroad Company, which seemed to the Board a safe and
practicable one. No action was taken, however, upon these
suggestions ; and the difficulties of the situation will be only
in part removed by the revision herein recommended : but
the Board deem it inexpedient to revise the harbor lines
eastwardly beyond Pier 4 of the Grand Junction Wharves
at the present time. Legal notice was given, and a hearing
2
10 HARBOR AND LAND COMMISSIONERS. [Jan.
appointed upon the subject of defining the line of frontage
between the locality above named and Point Shirley. The
hearing was quite fully attended, and large landed and com-
mercial interests were represented. The Board had pre-
viously prepared, in their office, a preliminary plan for the
general development of this ground ; but no other scheme
was offered, or plan presented, with which any proper adjust-
ment could be effected, or which harmonized with the present
views of the Board. Their experience has proved the value
of careful deliberation and cautious action in dealing with
schemes which will require long periods of time for execu-
tion. The study of such subjects includes, not only perfect-
ing provisional plans for the preservation and improvement
of the natural features and functions of a harbor, but often
involves important questions of change, in regimen and
otherwise, which are the more difficult and critical to deter-
mine properly. The numerous islands and extensive flats
and shoals, and the many natural channel-ways between them,
which characterize Boston Harbor, particularly the north-
eastern part of it, offer favorable ground for treatment ; but
it should be dealt with in the most judicious and comprehen-
sive manner. The want of plan and system, in much that
was done before organized supervision was established, re-
sulted, not only in the imperfect utilization of many natural
advantages, but in serious and irreparable injury.
In determining the scheme of the South Boston Flats
improvement, the best available advice was sought, and the
best practicable data obtained concerning it. The surveys
upon which the outline of the project of improvement was
based cost many thousand dollars, and the study of the prob-
lems involved was the work of many years. The wisdom
of this course has been fully proved by the success of each
stage of progress in the work.
Of not less importance, physically and commercially, is
the line of frontage, with its outlying flats, between East
Boston and Point Shirley. This ground presents many
advantageous features, and ample space exists for the loca-
tion of extensive docks by taking advantage of the natural
depths and channel-ways. A scheme for the proper develop-
ment of this portion of the harbor is a project of about equal
magnitude to the South Boston Flats improvement.
1882.] PUBLIC DOCUMENT — No. 11. 11
The improvement of the frontage between Castle Island
and Commercial Point would be also a great addition to the
maritime business territory of the port. This line of front-
age would be somewhat more exposed than the East Boston
and Point Shirley side ; but the ground naturally admits of
docks of any desirable magnitude, with extensive flats and
marshes in the rear, which can be filled and utilized for com-
mercial purposes. These lines of frontage on either side of
the harbor are each open to approaches by the main channel
below the harbor " middle grounds," and each have direct
communication with the anchorage of President Roads.
With comparatively slight dredging these lines of frontage
will afford a general depth of fifteen feet at mean low tide,
and on portions of each line a depth of from twenty to
twenty-three feet can be obtained.
Much has been said on the subject of artificial docks in
connection with the improvement of Boston Harbor, using
this term to designate enclosed basins, which may have within
their limits a number of single slips ; but no such work seems
to be needed. The main inner basin is a natural dock of
itself. In fact, the area of sheltered water, as an inner har-
bor, is of much larger extent than the community in general
are aware. The term " inner harbor " is generally applied
to the smaller basin above Governor's and Castle Islands
and below the bridges, which contains, within the limits of
projected improvements, about 1,150 acres. But what is
really the inner harbor, or may be properly so regarded, is
the general area which comprises the water-spaces, including
this upper basin, which are enclosed and protected by the
high grounds of East Boston and Winthrop on the north,
Deer Island and Long Island on the east, and Spectacle
Island, Moon Head, and Squantum, on the south, — a nearly
land-locked basin, capable of an improved area of not less
than about 6,300 acres. This includes President Roads,
which in itself contains nearly one thousand acres of anchor-
age ground of the first order as to depth of water (twenty-
three to fifty feet at mean low tide), " holding-ground," and
shelter. The width of entrance (between Deer Island spit
and Long Island head) to this larger inner basin is less in
proportion to the water-space enclosed than the entrance to
the smaller basin above. It has a natural depth of over fifty
12 HARBOR AND LAND COMMISSIONERS. [Jan.
feet, while the entrance to the upper basin has had to be arti-
ficially deepened by the General Government to twenty-
three feet. The area of this larger portion of the inner har-
bor, exclusive of the 1,150 acres above Governor's and Castle
Islands, is about 5,150 acres. The examination of any
approximately accurate chart of Boston Harbor will show at
once the relative proportions, situation, and surroundings of
the respective water-spaces.
Various opinions have been expressed concerning some of
the features of the upper basin, particularly in regard to Bird
Island shoal and the channel or water-way between it and
the south-easterly point of East Boston. The Board are not
in possession of sufficiently recent or accurate data to speak
unqualifiedly in regard to these natural features. The chan-
nel-way just referred to was not considered by the United
States Advisory Council for Boston Harbor of marked physi-
cal importance ; nor is it one which can be used for even
second-class navigation, as required to-day. Nature has deter-
mined the main inlet of this upper basin to be between Gov-
ernor's and Castle Islands, where it has established a depth,
in the narrower or more contracted section, of about twenty-
seven feet at mean low tide. Its second natural pathway of
flowage is between Bird Island shoal and Governor's Island,
where it has established a depth at its narrowest section of
about twenty-nine feet, with a least depth in the shallowest
section of this lateral channel of about sixteen feet. The
third inlet or water-way in point of natural consequence is
the one above referred to, between Bird Island shoal and the
main shore of East Boston, where nature has established a
depth of but 9| feet at mean low tide. How far it may
affect the regimen and physique of the harbor to widen and
deepen this third-rate channel-way, and to what extent it
may be done and not imperil the other channels, particularly
the one upon which the General Government has expended
so much time and money to improve, are questions of grave
importance, which can only be solved by careful study and
the calculation of the forces which may affect them.
With regard to the removal of Bird Island shoal by
dredging, the scheme in the present opinion of the Board has
many serious objections. The shoal answers now as a break-
water in strong northerly and north-easterly winds, and pre-
1882.] PUBLIC DOCUMENT — No. 11. 13
vents what might be an injurious sea-dash upon the quay of
the South Boston Flats. The southerly margin of the shoal
is quite abrupt, and maintains a remarkable parallelism with
the line of the South Boston quay, and exercises with it an
important function in confining and directing the tidal cur-
rents in their inflow and outflow through the main channel.
The amount of space gained to the area of the upper basin
by the removal of Bird Island shoal does not seem to be
commensurate with the labor and cost of effecting it. It can
hardly be said to be a necessity. The width of the basin
between a line which may be made a line of frontage, similar
to the South Boston Flats, and the quay of these flats, is
about three thousand feet, which is about the same as the
width of the Mersey in front of the great docks of Liver-
pool. The material of this shoal is solid ground, and in its
natural state capable of sustaining the weight and pressure
of any desired structure.
In the rear of Bird Island shoal and between it and Gov-
ernor's and Apple Island and the main shores of East Boston
and Winthrop, is a depressed area of flats traversed by three
of the minor channel-ways which characterize this portion of
the harbor. In this locality a basin six thousand by five
thousand feet square, more than a square mile of area, can
be created by the removal of less material, to the space and
depth acquired, than would be necessary in any other part
of the inner harbor where it could serve like purposes. Such
a basin can be so located as to make the outline of at least
two of its sides coincident with lines of commercial frontage
of the first order.
There is probably no other harbor known to commerce
which, in its natural conditions of configuration, marginal
ground, basins, channels, entrance, and shelter, is capable of
affording equal facilities in so concentrated a manner as the
main inner basin of Boston Harbor. It is in general form a
hollow square, on each available side of which natural chan-
nels mark natural lines of frontage of such a character that
docks and piers can be constructed along these lines of any
size and depth of approach and berth capacity within the
range of the most diversified requirements and with a degree
of economy and mechanical facility unparalleled in harbor
qualifications. As before stated, these inner harbor basins
14 HARBOR AND LAND COMMISSIONERS. [Jan.
contain an area of about 6,300 acres. The preliminary plan
prepared by the Board to illustrate the possibilities of the
harbor shows that a simple and systematic arrangement
could be effected for a series of docks 1,000 feet long and 300
feet wide with alternate piers of equal length and 250 feet
wide. The quay of the South Boston Flats between Fort
Point Channel and Castle Island admits of twenty such
docks and twenty-one such piers, including those already
built and in progress of building. According to the plan
referred to, a quay can be projected, parallel to that of the
South Boston Flats, extending from the termination of the
present harbor line at East Boston in the alignment of and
coincident with the southerly margin of Bird Island shoal
to the abrupt, deep channel which marks its easterly limit.
Along this line of frontage five docks and six piers can be
provided, and along the southerly face of the shoal about 2,300
feet of quay can be extended; and upon the higher and
firmer parts of the shoal the heaviest elevators can be con-
structed without uncertainty or excessive cost as to founda-
tion. Along the line of quay the largest vessels could have
ample berth. From the south-easterly point and termination
of this quay a line of frontage at right angles with it can be
extended northward along and coincident with the margin
of the deep natural channel between Bird Island shoal and
Governor's Island to a point in the general alignment of the
northerly side of the natural channel which trends nearest
to and is most nearly parallel with the shore line of Win-
throp. Along this north-and-south line of quay, twelve
docks and thirteen piers can be provided. From the north-
erly limit of this last-named line, and again at about right
angles to it, a direct line of frontage can be extended to
Point Shirley, along which seventeen docks and eighteen
piers can be provided. This estimated number of docks and
piers is exclusive of these already existing and in use, except-
ing those on the South Boston Flats. It is within the angle
of these lines of frontage that a basin can be defined and
excavated, as previously suggested ; and such a basin should
be an inseparable part, and is an absolutely necessary factor,
in the development of first-class harbor facilities. It is a sac-
rifice of advantage in the treatment of such ground to extend
fillings or excavations on either hand in excess of just that
1882.] PUBLIC DOCUMENT — No. 11. 15
equilibrium which is the measure of the most economical
adjustment of terminal lands with approaches and access to
them by channels and basins.
To recapitulate, it will be seen by such a general plan as
the Board prepared as a preliminary study, that the total
capacity of these remarkable basins within perfectly practica-
ble means of accomplishment is about as follows : —
Docks. Piers.
South Boston quay 20 21
East Boston south quay ..... 5 6
East Boston east quay 12 13
Winthrop quay 17 18
54 58
Each of these docks, as projected on the plan referred to, is
estimated as capable of holding four first-class steamers of
the present day, and the alternate piers to accommodate their
shipping. It will be seen, therefore, that Boston can be made
capable of receiving at one time within her port two hundred
and sixteen of the largest vessels now afloat. There are no
natural or practicable difficulties in making most of the docks
suggested longer, wider, and deeper than has yet been con-
templated. In fact, they can be so located and constructed
that any steamer of any size or draught within the probabili-
ties of construction can have berth accommodation and facili-
ties. While the heavier vessels of the present time have now
to wait in the open sea for the tide to lift them over the bars
of New York and Philadelphia, they can pass into Boston
Harbor without detention and without fear. By taking ad-
vantage of a channel not generally used, — the " Hypocrite
Channel," between Green and Calf Islands, — a depth of
forty feet at mean low tide can be carried up to and into
President Roads.
Unlike the long extended single line of frontage made
necessary by the occupation of river-sites, like the Mersey and
the Hudson, where the separation of business centres amounts
to miles, the extreme extents of frontage in Boston Harbor, in
its form of a hollow square, can be appropriately given in feet.
The extent of what may be called the southerly basin, along
its southerly face from the quay of the city to Castle Island,
is about 10,200 feet, equal to about 1^ miles. The north-
If
2*
n
16 HARBOR AND LAND COMMISSIONERS. [Jan.
erly side, from the south-westerly point of East Boston to the
south-easter^ point of Bird Island shoal, is about 6,800 feet
equal to about 1-^ miles. The width of this basin between
these parallel quays is about three thousand feet. The east-
erly water-face of East Boston, according to the plan referred
to, is about 7,500 feet, equal to about ly4^ miles. The line
of frontage along the water-face of Winthrop is about 9,100
feet, equal to about 1^ miles. The distances between
extreme points in the general extent of the inner harbor are
about as follows : —
Miles.
From the mouth of Fort Point Channel to Point Shirley, the long-
est distance from north-east to south-west extremes . . 4
Mouth of Charles River to Castle Island .... 3
City quay to Castle Island ....... 2^
City quay to south-east point of Bird Island
North-west angle of northerly basin to centre of city quay
North-west angle of northerly basin to Castle Island .
North-west angle of northerly basin to Point Shirley .
Point Shirley to Castle Island
Northerly quay of northerly basin to southerly quay of south-
erly basin, through what may be called Bird Island Chan-
nel, — width of southerly basin, — about (3,000 feet) . ^-$
It will be seen, therefore, that the improvement and utili-
zation of the harbor is a work of great magnitude, and as
great importance, in the development of which the interests
and responsibilities of the Commonwealth demand vigilant
supervision.
While it may be unwise to impose too restrictive measures
upon private enterprises, no scheme or plan of limited or
special purpose should be allowed to prevent or injuriously
affect the future development of more important public
advantages. It may be and probably is impracticable to
repair past injuries, but with acquired experience and better
knowledge it would be inexcusable if gross mistakes should
again occur.
The Board desire to emphasize the doctrine that no scheme
of individual or corporate device should be permitted to pre-
vail that is not in accord with the broadest view of the
public claim and interest in the harbor.
It may not be out of place in this connection to quote from
one of the unpublished able reports of Prof. Henry Mitchell,
1882.] PUBLIC DOCUMENT — No. 11. 17
of the United States Advisory Council for Boston Harbor,
addressed to the Board of Harbor Commissioners when the
subject of the protection of the headlands of the harbor was
under consideration. Prof. Mitchell sa}^s, —
" The great merit of Boston Harbor lies in a happy conjunction of
many favorable elements, among which we may distinguish as most im-
portant the facility and safety of its approaches, the ample width and
depth of its entrances, and, above all, the shelter and tranquillity of its
roadsteads. Perhaps there is no other harbor in the world where the
inlets from the ocean are better adjusted to the amplitude of the interior
basins, or whose excellent holding-grounds are so easy of access and yet
so land-locked. I quote from the highest authority in my profession
when I declare that the primary requisite for a good harbor is that ' the
internal area should bear such a relation to the width of entrance as to pro-
duce a sufficient degree of tranquillity ' * And so difficult has it been to
properly adjust this relation in artificial harbors, that nearly one-half of
all these works may be set down as failures, because the entrances are
either too narrow to admit vessels under trying circumstances, or the
interior reservoirs too small to dissipate the waves that run in from the
sea. In natural harbors, where the primary requisite, cited above, is ful-
filled, it often happens that the interior basin is so large that the local
effects of strong winds are sources of discomfort and even danger, as in
San Francisco. Boston Harbor has no such drawbacks; her interior
water-space is large, but is divided by chains of islands into basins which
offer sufficient room for the heaviest ships to ride freely at anchor, and
sufficient tranquillity for the frailest fishing-boat.
" There are times when shelter from the wind is scarcely less important
than smooth water. In the harbor of Cherbourg the in-run of the waves
is most effectually arrested by the great mole, and yet nearly every vessel
that sought shelter in the gale of 1865 was driven on shore by the wind.
Here again Boston Harbor claims peculiar advantages : her moles are
promontories and islands rising from twenty to one hundred feet above
the sea."
The following is the re-statement of the harbor line of
East Boston, from Meridian-street Bridge to Pier No. 4 of
the Grand Junction Wharves. The particulars of the re-
statement are not in precisely the same form and terms as
those of the harbor line of Boston city ; but the data given
are more concise than that first submitted.
* Stevenson on Harbors.
18 HARBOR AND LAND COMMISSIONERS. [Jan.
Description of East Boston Harbor Line from Me-
ridian-street Bridge to Pier 4 of the Grand
Junction Wharves.
Beginning at a point A on the westerly side of Meridian-
street Bridge and about sixty-three feet southerly from the
draw, and marked by a copper tack and an iron plate, in lat.
42° 23' 06".233, long. 71° 02' 02".596 ; thence straight south-
westerly 817.9 feet to point B, in lat. 42° 23' 01//847, long.
71° 02' ll."750; thence straight more southerly 884.3 feet to
point C near McKay's Wharf in lat. 42° 22' 53."663, long. 71°
02' 15."875 ; thence straight southerly and a little westerly
1,773.9 feet to point D, the north-westerly corner of Green's
Wharf, in lat. 42° 22' 36".144, long. 71° 02' 16" Ml; thence
straight southerly and a little more westerly 1,123.4 feet to
point E nearly opposite Burnham's dry dock in lat. 42° 22'
25 "210, long. 71° 02' 19/109; thence straight south-westerly
994.7 feet to point F, the north-westerly corner of Mayo's
south wharf, in lat. 42° 22' 16".402, long. 71° 02' 24//.987 ;
thence southerly 474.6 feet on a curve of 512.3 feet radius
tangent at F to the line EF and curving easterly to the
point G in lat. 42° 22' 11".879, long. 71° 02' 24//.964 ; thence
straight south-easterly tangent at G to the curve FG 2,591.3
feet to the point H near the Eastern R.R. and Cunard
Wharves in lat. 42° 21' 49".019, long. 71° 02' 09".421 ; thence
more easterly along the front lines of the Cunard and Grand
Junction Wharves 1,018.3 feet to the point I, the south-
easterly corner of Pier 4, Grand Junction Wharves in lat.
42° 21' 43".888, long. 71° 01' 57".753.
1882.]
PUBLIC DOCUMENT — No. 11.
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1882.] PUBLIC DOCUMENT — No. 11. 21
Draws in the Bridges across Merrimack River
below Haverhill.
By the resolve chap. 23 of the Acts of 1881 the Board
was instructed to investigate the subject, and report their
conclusions in regard to widening the draws in the bridges
across the Menimack River below Haverhill.
In ascending the river from its mouth, the first bridge
across it is the road-bridge between Newburyport and Salis-
bury, and the second the railroad-bridge of the Eastern Rail-
road Company ; these two bridges are so near together that
the draw-ways are connected by a continuous draw-pier and
the passage-way through each bridge is about seventy feet in
width. The draws and abutment-piers are in good condi-
tion. The plan and alignment of the connecting draw-pier,
however, are not as well arranged for the passage of vessels
through the bridges as the general location will admit.
Owing to unsettled questions of obligation on the part of
the city of Newburyport and the Eastern Railroad Company,
this draw-pier has never been completed.
The third bridge in order across the river is the chain
bridge, so called, between Newburyport and Salisbury. This
bridge consists of two parts, — one a chain suspension bridge
between the Newburyport shore and Deer Island ; and the
other, between Deer Island and the Salisbury shore, is com-
posed of a wooden girder with arched lower chord next to
Deer Island, and beyond it a leaf-draw and two short spans
crossed by simple trusses.
The chain bridge is well built and in good repair, and the
channel under it is used by steamers and other mast-less
craft in preference to the draw-way opening.
The piers in the other part of the bridge are poorly de-
signed, poorly built, and out of repair, being unnecessarily
wide with square ends presented to the current, which create
strong eddies in both the flood and ebb tides which set
strongly against the southerly side of the draw-way so that
the passage through it is difficult. The piers consist of a
foundation of crib-work up to about high-water mark ; and
resting upon these is light trestle-work up to the level of
the bridge and extending a short distance on either side of
the draw to serve as draw-piers, but is not high enough to be
22 HARBOR AND LAND COMMISSIONERS. [Jan.
of the best service, and is much out of repair, and slowly
pressing into and narrowing the draw-way which has now a
least available width of about 38 feet. The sheathing on
the sides of the draw-way is also in bad condition and insuffi-
cient.
The abutments and superstructure of this part of the
bridge are in good condition, and apparently require only
ordinary repairs.
The fourth bridge is " Rocks Bridge," so called, between
Haverhill and West Newbury. This bridge has four fixed
spans and a draw-span, which are supported by two abut-
ments and four piers. The piers are built of dimension gran-
ite resting on timber cribs filled with stone. The masonry
of the piers is in generally good condition ; but the timber of
the cribs is considerably worn and broken, and in its present
state liable to be damaged by ice, although it may stand some
years without material injury, depending on the character of
the winter and the manner in which the ice breaks up in the
spring.
The superstructure of this bridge is somewhat out of
repair in places ; the trusses are bent or buckled, and not
capable of sustaining as much weight as they should ; but
with moderate repairs and ordinary travel it may last for a
number of years. The draw-span is a common leaf-draw,
with a least width of 31.8 feet, in good repair, and is situated
at the easterly end of the first span on the Haverhill side of
the river, and on the westerly side of the channel. The
flood- tide sets diagonally across the draw-way so that vessels
are carried against the pier on the westerly side of the open-
ing. Their passage through the draw-way might be facili-
tated, however, by draw-piers on either side of the bridge on
the westerly side of the draw- way.
If the draw-way is widened, it should be located in the
span next east of the present site, which would be nearer the
centre of the river and current, and have an equal depth of
water.
Groveland Bridge is the next in order, and is now in pro-
cess of rebuilding. It is proposed to locate the draw-way in
the middle of the channel, and to have it about sixty feet
wide. When this bridge is complete it wi]l be one of the
best structures on the river. No other changes of plan are
1882.] PUBLIC DOCUMENT — No. 11. 23
necessary for further facility to navigation than already pro-
vided.
The draws in some of the bridges above referred to have
been reported by parties, more particularly interested in
steamboat-navigation, as not being of sufficient height above
the level of the water to enable certain classes of steamboats
to pass freely under them, which is considered a desirable
facility of navigation, and it certainly is so where it can be
practicably effected. But when a bridge is provided with a
suitable draw which can be opened readily for the passage of
all vessels which cannot pass under it, it seems like imposing
a double burden to require a height of structure which would
involve undue expense, or which would be out of proportion
or adjustment, so to speak, with the approaches to and char-
acter of the respective shores of the river between which it
crosses.
The relative burden upon the respective cities and towns
in whose jurisdiction these bridges belong, of the expense of
keeping them in repair and from time to time adapting them
to improved and progressive modes of navigation, as com.
pared with the importance and value to commerce and the
public of the repairs and improvements requisite, is the prob-
lem, to be solved in determining the improvements to be made.
While the facilities afforded by these bridges of communica-
tion between the cities and towns bordering upon and near the
river may have a beneficial public influence extending beyond
their immediate locality, they have not the capacity nor the
function of the waters of the river as a medium of communi-
cation and transportation which is almost limitless in its
range and power. One instance of its value in this respect
is the conveyance in one steamboat, in one summer season
only, of thirty thousand persons from interior localities to the
sea-beach for health and recreation.
The value of commercial transportation has also been
recognized by the Genera] Government in the liberal appro-
priations made and the laborious work done to improve the
navigation of the river, the efficiency and even possibility of
which is gauged by the capacity of the passage-ways through
the bridges which cross its channels. These channels were a
first right of way ; and no restriction or interference with this
right should be permitted or continued which is not of equiv-
alent public value and advantage.
24 HARBOR AND LAND COMMISSIONERS. [Jan.
In view of the facts and circumstances which the Board
have been able to ascertain in relation to the subject referred
to them for investigation, they submit the following conclu-
sions : —
First, The draw-way opening and draw in the part of the
" Chain Bridge " between Deer Island and the Salisbury
shore should be rebuilt and widened so as to give a clear pas-
sage-way of not less than fifty feet. In making the necessary
alterations to effect this change, the lower members of the
draw should be made as high above the water-level of the
river as can be practicably accomplished without involving
too radical a change in other features of the bridge. Suit-
able draw-piers should be built on either side of the bridge,
and other modern appliances provided for the safe and con-
venient passage of vessels through the draw-way.
Second, The draw-way and draw in " Rocks Bridge" should
be rebuilt at least fifty feet wide, and located "in the span
next east of the one in which it now is. The lower members
of the draw should also be made as high as practicable above
the water-level of the river. Suitable draw-piers and other
appliances should be provided as for the other bridge.
Third, The draw pier between and connecting the city
and railroad bridges at Newburyport should be completed,
and such changes made in its alignment as will best secure
the safe and convenient passage of vessels through these two
bridges, which must be done by one operation while both of
the draws are open.
Vineyard Haven Harbor.
At the request of citizens of Vineyard Haven, and after
the conclusion by the Board of its expediency, a re-survey of
portions of the harbor was made by the engineer during the
last summer as a means of comparison with former observa-
tions, and to show what changes, if any, had taken place in
the harbor. The results did not show the changes which
local observers had anticipated in the general condition of
the harbor. The anxiety manifested, however, by those con-
tinually observing it, is but the renewal of the subject of its
value and the importance of some adequate means for the
protection of the thousands of vessels which seek its anchor-
age grounds. This matter in the logic of events must sooner
1882.] PUBLIC DOCUMENT — No. 11. 25
or later receive the practical attention of the General Gov-
ernment. We need hardly reiterate the fact that the geo-
graphical position and peculiar surroundings of this harbor
make it one of the most remarkable roadsteads, not only
within the limits of this Commonwealth but in the whole
range of the Atlantic coast of the United States. Its prox-
imity to the pathway of the immense coastwise fleet which
night and day continually pass its headlands, its accessibility
in all winds and weather, and being at the threshold, as it
were, of the dangerous region of fog and shoals which char
acterize the navigation around Cape Cod, make its value as
a refuge almost beyond estimate. It is excellent in all the
conditions of a roadstead save one, — that of exposure to the
north-east. The correction of this defect, which is a prac-
ticable one, is the improvement and protection needed to
make it one of the most useful harbors of the world.
Boundary-Lines between Cities and Towns border-
ing upon the Sea.
By chap. 196 of the Acts of 1881 the Board was direct-
ed to locate and define the courses of the boundary-lines
between adjacent cities and towns bordering upon the sea,
and upon arms of the sea, from high-water mark outward
to the line of the Commonwealth as defined by sect. 1 of
chap. 1 of the Revised Statutes ; and to file a report of
their doings, with suitable plans and exhibits, showing the
boundary-lines of any town by them located and defined, in
certain specified places.
So much of sect. 1 chap. 1 of the Revised Statutes, as
refers to the extension of the boundary-lines between cities
and towns bordering upon the sea, to the line of the Com-
monwealth, is as follows : " The territorial limits of this Com-
monwealth extend one marine league from its seashore at
low-water mark. When an inlet or arm of the sea does not
exceed two marine leagues in width, between headlands, a
straight line from one headland to the other is equivalent to
the shore-line."
It was quite impracticable for the Board to make original
surveys, or prepare original plans upon which to show the
lines to be located and defined, according to the act direct-
ing that work to be done ; and no survey of limited scope
26 HARBOR AND LAND COMMISSIONERS. [Jan.
or means which they conld make would have been so well
adapted to the purposes required as the elaborate and accu-
rate ones of the United States Coast and Geodetic Survey.
The system upon which these maps are made affords the
particular data desired in locating and describing the initial
points in the line of State jurisdiction, which it is important
to define in order to locate the points of intersection with it,
or the termination at it of the boundary-lines between
respective cities and towns. The details of coast topography
upon these government maps also afford data for determin-
ing the points upon the shore where boundary-lines on land
terminate. The maps selected are classed and entitled
" Coast Charts Nos. 11, 12, and 13, coast of the United
States," " Coast Charts Nos. 9 and 10, Massachusetts Bay,"
and " Coast Chart No. 8, from Wells to Cape Ann." The
first three in one sheet include the line of the Commonwealth
from the boundary with Rhode Island to Chatham on Cape
Cod, the second two in one sheet the line of the Common-
wealth from Chatham to the Dry Salvages on Cape Ann, and
the third from the Dry Salvages to the boundary with New
Hampshire.
The Board has found the duty imposed upon them one of
peculiar interest ; and, so far as they are aware, it is the
first instance of such action being taken, and such illus-
trated determination of the limits of territorial jurisdiction
being made, by any State bordering upon the sea. The work
has proved to be more exacting than at first supposed, and
will require more time and means to complete than was
originally estimated. In examining the records, markings,
and geographical peculiarities of the various terminal points
of the boundary-lines between cities and towns upon the
shore, it has been found necessary to visit the locality of
nearly every terminal point so far considered, in order to
ascertain the nature and particulars of each, whether on
land and marked by monument, or whether in the mouth
of some channel, bay, or creek. These have been conditions
and facts necessary to determine, before the study of the
extension of any given boundary-line to the line of the
Commonwealth could be made and projected upon the plan.
In some cases the Board has found difficulty in determining
these bases for locating and defining the courses of respec-
1882.] PUBLIC DOCUMENT — No. 11. 27
tive boundary-lines. Two cases, those between Province-
town and Truro, and between Sandwich and Wareham,
have presented questions of so much import as to require
public hearings, and, in the case of Sandwich and Wareham,
the action of learned counsel on either side. In this latter
case the Board has held hearings at the location of the line,
and in the office of the Board at Boston.
It has been found impracticable, within the past appro-
priate season, to do more than examine the series of bound-
ary-lines between the towns in the peninsular portion of
Cape Cod, from and including the boundary-line before men-
tioned, between Sandwich and Wareham, and Provincetown
at the east and Gosnold at the west end of the Cape. The
Board has projected, upon the maps referred to, the line of
the Commonwealth. The position of the initial points, or
points of deflection, in this line of the Commonwealth, are
plotted to single seconds of latitude and longitude, which is
as near as the scale of the maps will accurately exhibit.
These positions can be reproduced upon any map of the
Coast Survey, of any scale, and can be found upon the
ground or water, by instrumental observation, by any com-
petent engineer or surveyor. The limit of error or indefl-
niteness in the exact position of each point will not exceed
a mean difference of about twenty-seven metres, equal to
about twenty-nine yards. When it is considered that these
points represent positions on the ocean, not less than three
marine leagues from the nearest land, this location of a point
is sufficiently represented for all practicable purposes. The
maps on which the line is plotted are based upon a polyconic
projection on a scale of ^o-oo'o' whereon each fifth minute of
latitude and longitude is drawn.
Line of the Commonwealth.
The line of the Commonwealth begins at a point marked
A on plan No. 3, which is comprised of the United States
Coast and Geodetic Survey " Coast Charts Nos. 11, 12, and
13," in lat. 41° 25' 05", long. 71° 05' 28", distant one marine
league from the shore-line, which is a line from the headland
at Warren's Point in Rhode. Island to the headland at Goose-
berry Neck in Massachusetts, and runs easterly, parallel to
the last-named line, to a point marked B on plan, in lat. 41°
25' 25", long. 71° 03' 16".
28 HARBOR AND LAND COMMISSIONERS. [Jan.
Thence south-easterly, parallel to and distant one marine
league from a line from the said headland at Gooseberry Neck
to the headland at the south-westerly point of the island of
Cuttyhunk, to a point marked C on plan, in lat. 41° 22' 23",
long." 70° 59' 33".
Thence south-easterly, on the arc of a circle of one marine
league radius, from the said headland at Cuttyhunk to a point
marked D on plan, in lat. 41° 21/ 55", long. 70° 58' 50".
Thence south-easterly, parallel to and distant one marine
league from a line from said headland at Cuttyhunk to the
headland at the north-westerly point of Gay Head on the
island of Martha's Vineyard, to a point marked E on plan,
in lat. 41° 19' 30", long. 70° 53' 55".
Thence southerly, parallel to and distant one marine league
from a line from the said headland at Gay Head to the head-
land at the westerly point of the island of No Man's Land,
to a point marked F on plan, in lat. 41° 15' 17", long. 70° 53'
32".
Thence south-easterly, easterly, and north-easterly, on a
curved line parallel to and distant one marine league from
the general curve of the southerly shore-line of said No
Man's Land, to a point marked G on plan, in lat. 41° 13'
32", long. 70° 44' 15".
Thence north-easterly, parallel to and distant one marine
league from a line from the south-easterly headland of said
No Man's Land to the south-easterly headland of Squipnocket
on said Martha's Vineyard, to a point marked H on plan,
in lat. 41° 16' 18", long. 70° 42' 26".
Thence north-easterly, parallel to and distant one marine
league from a line from said headland at Squipnocket to the
headland at the easterly end of Nashaquitsa Cliff on said
Martha's Vineyard, to a point, marked I on plan, in lat. 41°
17' 25", long. 70° 40' 48".
Thence easterly, on a slightly curved line parallel to and
distant one marine league from the general curve of the
shore-line of said Martha's Vineyard, to a point marked K on
plan, in lat. 41° 17' 45", long. 70° 35' 30".
Thence easterly, on a slightly curved line parallel to and
distant one marine league from the general curve of the
shore-line on said Martha's Vineyard, to a point marked L
on plan, in lat. 41° 17' 35", long. 70° 26' 43".
1882.] PUBLIC DOCUMENT — No. 11. 29
Thence easterly, a little southerly, parallel to and distant
one marine league from a line from the south-easterly head-
land of the island of Chappaquiddick to the headland at the
south-easterly point of the island of Muskeget, to a point
marked L1, in lat. 41° 16' 34", long. 70° 21' 30".
Thence south-easterly, on the arc of a circle of one marine
league radius from the southerly Sand Island between the
said island of Muskeget and the island of Tuckernuck, to a
point marked M on plan, in lat. 41° 15' 46", long. 70° 20'
10".
Thence south-easterly, on a slightly curved line parallel
to and distant one marine league from the general curve of
the shore-line of the southerly shore of the island of Nan-
tucket, to a point marked M1 on plan, in lat. 41° 11' 20", long.
70° 06' 55".
Thence easterly, parallel to and distant one marine league
from a line from the headland opposite Miacomet Pond to
Tom Never's Head on said Nantucket, to a point marked M2
on plan, in lat. 41° 11' 06", long. 70° 00' 30".
Thence easterly and some northerly, on a curved line par-
allel to and distant one marine league from the general curve
of the shore-line of said Nantucket, to a point south-east of
the south-easterly headland at Siasconsett, marked M3 on
plan, in lat. 41° 12' 30", long. 69° 55' 15".
Thence north-easterly and northerly, on a curved line par-
allel to and distant one marine league from the general curve
of the shore-line of said Nantucket, to a point east of the
light-house at Sankaty Head, marked M4 on plan, in lat. 41°
16' 55^, long. 69° 53' 15".
Thence north-westerly, on a slightly curved line parallel
to and distant one marine league from the general curve of
the shore-line of said Nantucket, to a point north-easterly
from the northerly headland at Great Point, marked M5 on
plan, in lat. 41° 25' 55", long. 69° 59' bb'\
Thence north-westerly, westerly, and south-westerly, on the
arc of a circle of one marine league radius from said head-
land at Great Point, to a point marked M6 on plan, in lat. 41°
24' 26", long. 70° 06' 27".
Thence southerly and some westerly, parallel to and dis-
tant one marine league from a line from said headland at
Great Point to the headland at the south-westerly point of
30 HARBOR AND LAND COMMISSIONERS. [Jan.
Coatuc Beach, to a point marked M7 on plan, in lat. 41° 20'
39", long. 70° Or 47".
Thence westerly, parallel to and distant one marine league
from a line from said headland at Coatuc Beach to the head-
land opposite the north-easterly cove of Matacut Harbor, to
a point marked M8 on plan, in lat. 41° 20' 38", long. 70°
10' 10".
Thence north-easterly, parallel to and distant one marine
league from the line from said headland near Matacut Har-
bor to the headland at the easterly point of Muskeget Island,
to a point marked M9 on plan, in lat. 41° 22' 44", long. 70°
15' 24".
Thence westerly and southerly, on a curved line parallel
to and distant one marine league from the general curve of
the shore-line of the northerly side of said Muskeget Island,
to a point marked M10 on plan, in lat. 41° 23' 15", long. 70°,
19' 15".
Thence north-westerly, parallel to and distant one marine
league from a line from the headland at the north-westerly
point of said Muskeget Island to the headland opposite the
south-easterly cove of Cape Poge Bay on the said Chappa-
quiddick Island, to a point marked N on plan, in lat. 41° 24'
40", long. 70° 22' 32".
Thence northerly and north-westerly, partly on a curved
line and partly on the arc of a circle distant one marine
league and radius one marine league from the shore-line and
headland at the north-easterly point of said Cape Poge, to a
point marked O on plan, in lat. 41° 27' 53", long. 70° 24'
35".
Thence north-westerly, parallel to and distant one marine
league from a line from said headland at Cape Poge to the
headland at the northerly point of the East Chop of Vineyard
Haven, on said Martha's Vineyard, to a point marked P on
plan, in lat. 41° 29' 11", long. 70° 27' 38".
Thence north-easterly, parallel to and distant one marine
league from a line from said headland at East Chop to the
headland between Waquoit and Poponessett Bays on the
main shore, to a point marked Q on plan, in lat. 41° 30' 53",
long. 70° 25' 55".
Thence north-easterly, parallel to and distant one marine
league from a line from said last-named headland to the
1882.] PUBLIC DOCUMENT — No. 11. 31
headland opposite the south-easterly cove of Oysterville
Harbor, to a point marked R on plan, in lat. 41° 33/ 23", long.
70° 21' 34".
Thence easterly, parallel to and distant one marine league
from a line from the said headland at Oysterville to the
headland at Point Gammon, to a point marked S on plan, in
lat. 41° 33' 18", long. 70° 15' 35.
Thence easterly, on the arc of a circle of one marine
league radius from said headland at Point Gammon, to a
point marked T on plan, in lat. 41° 33' 31', long. 70° 14' 11".
Thence north-easterly, parallel to and distant one marine
league from a line from said headland at Point Gammon to
the headland on the east side of Swan Pond River, to a point
marked U on plan, in lat. 41° 36' 01", long. 70° 06' 55".
Thence north-easterly, parallel to and distant one marine
league from a line from said headland near Swan Pond River
to the headland near Red River, to a point marked V on plan,
in lat. 41° 36' 30", long. 70° 03' 45".
Thence southerly, parallel to and distant one marine league
from a line from the headland at Inward Point on Monomay
Island to the headland at the southerly point of said Mono-
may Island, to a point marked W on plan, in lat. 41° 33' 07",
long. 70° 04' 30".
Thence southerly, south-easterly, and easterly, on the arc
of a circle of one marine league radius from said headland
at Monomay to a point marked W on plan, in lat. 41° 30' 12",
long. 69° 58' 05".
Thence north-easter!}-, on a curved line parallel to and one
marine league distant from the general curve of the shore-
line of Monomay Island, to a point marked X on plan, in lat.
41° 32' 17", long. 69° bbf 21".
Thence northerly, a little easterly, parallel to and distant
one marine league from the line from the headland near
Monomay Light-house to the headland opposite Rump Hole
on said Monomay Island, to a point marked Y on plan, in lat.
41° 36' 42", long. 69° 52' 58".
Thence north, a little easterly, parallel to and distant one
marine league from a line from the said headland near Rump
Hole' to the headland opposite Morris Island, to a point
marked Y1 on plan, in lat. 41° 38' 06", long. 69° 52' 20".
Thence northerly, a little easterly, parallel to and distant
32 HARBOR AND LAND COMMISSIONERS. [Jan.
one marine league from a line from the said headland near
Morris Island to the headland near Allen's Point on ISausett
Beach, to a point marked Z on plan, in lat. 41° 42' 31", long.
69° 51' 05".
Thence northerly, on a slightly curved line parallel to and
distant one marine league from the general curve of the
shore-line, to a point marked A2 on plan, which is identical
with the point marked A on plan No. 2 comprised of the
United States Coast and Geodetic Survey "Coast Charts No.
9 and 10," in lat. 41° 49' 02", long. 69° 51/ 55".
Thence north, a little easterly, on a slightly curved line
parallel to and distant one marine league from the general
curve of the shore-line, to a point marked B on said plan No.
2, in lat. 41° 53' 40", long. 69° 53' 12".
Thence north, a little westerly, on a curved line parallel to
and distant one marine league from the general curve of the
shore-line, to a point marked B1 on plan, in lat. 41° 59' 18",
long. 69° 55' 50".
Thence north, more westerly, on a curved line parallel to
and distant one marine league from the general curve of the
shore-line, to a point marked C on plan, in lat. 42° 04' 33",
long. 70° 00' 20".
Thence north-westerly, on a curved line parallel to and
distant one marine league from the general curve of the
shore-line, to a point marked C1 on plan, in lat. 42° 07' 32",
long. 70° 08' 00".
Thence westerly, on a curved line parallel to and distant
one marine league from the general curve of the shore-line,
to a point marked D on plan, in lat. 42° 07' 34", long. 70° 14'
15".
Thence south-westerly and southerly, on a curved line
parallel to and distant one marine league from the general
curve of the shore-line, to a point marked D1 on plan, in lat.
42° 03' 42", long. 70° 18' 22".
Thence south-easterly, partly on a curved and partly on a
straight line parallel to and distant one marine league from
the general curve and trend of the shore-line, to a point
marked E on plan, in lat. 41° 58' 57", long. 70' 14' 01".
Thence south-easterly, parallel to and distant one marine
league from a line from the headland at Wood End to the
headland at Boundbrook Island, to a point marked F on plan,
in lat. 41° 55' 01", long. 70° 08' 27".
1882.] PUBLIC DOCUMENT — No. 11. 33
Thence southerly, parallel to and distant one marine league
from a line from the said headland at Boundbrook Island to
the headland at the southerly end of Great Beach Hill, to a
point marked G on plan, in lat. 41° 53' 10", long. 70° 08' 26".
Thence southerly, parallel to and distant one marine league
from a line from said headland at Great Beach Hill to the
headland at Billingsgate Island, to a point marked H on plan,
in lat. 41° 51' 40", long. 70° 08' 08".
Thence southerly, parallel to and distant one marine league
from a line from said headland at Billingsgate Island to the
headland near the village of Brewster, to a point marked I
on plan, in lat. 41° 48' 38", long. 70° 08' 39".
Thence westerly, a little southerly, parallel to and distant
one marine league from a line from said headland near Brew-
ster to the headland on Beach Point, to a point marked K on
plan, in lat. 41° 47' 18", long. 70° 16' 38".
Thence westerly, parallel to and distant one marine league
from a line from said headland at Beach Point to the head-
land near Scorton Neck, to a point marked L on plan, in lat.
41° 47' 31", long. 70° 22' 54".
Thence north-westerly, parallel to and distant one marine
league from a line from the said headland near Scorton
Neck, to the headland at Scusset Beach, £o a point marked
M on plan, in lat. 41° 49' 26", long. 70° 27' 03".
Thence northerly, parallel to and distant one marine league
from a line from the said headland at Scusset Beach to the
headland at Centre Hill Point, to a point marked N on
plan, in lat. 41° 51' 50", long. 70° 27' 08".
Thence northerly, a little westerly, parallel to and distant
one marine league from a line from the said headland at
Centre Hill Point to the headland at Manomet Point, to a
point marked O on plan, in lat. 41° 56' 09", long. 70° 27' 56/f.
Thence south-westerly, on the arc of a circle of one marine
league radius from said headland at Manomet Point, to a
point marked P on plan, in lat. 41° 57' 10", long. 70° 28' 23".
Thence north-westerly, parallel to and distant one marine
league from a line from said headland at Manomet Point to
the headland at Gurnet Point, to a point'marked Q on plan,
in lat. 42° 01' 40", long. 70° 31' 59".
Thence north-westerly, parallel to and distant one marine
league from a line from the said headland at Gurnet Point
5
34 HARBOR AND LAND COMMISSIONERS. [Jan.
to the headland at Brant Rocks, to a point marked R on
plan, in lat. 42° 06' 34", long. 70° 34' 23".
Thence north-easterly, on the arc of a circle of one marine
league radius from said headland at Brant Rocks, to a point
marked S on plan, in lat. 42° 07' 17", long. 70° 34' 53".
Thence north-westerly, parallel to and distant one marine
league from a line from the said headland at Brant Rocks
to the headland near North River, to a point marked T on
plan, in lat. 42° 10' 00", long. 70° 37/ 35".
Thence north-westerly, parallel to and distant one marine
league from a line from the said headland near North River
to the headland at Scituate Harbor, to a point marked U on
plan, in lat, 42° 13' 26", long. 70° 38' 53".
Thence north-westerly, parallel to and distant one marine
league from a line from the said headland at Scituate Har-
bor to the headland at Minot's Ledge, to a point marked V
on plan, in lat. 42° 17' 32", long. 70° 41' 38."
Thence north-westerly, on the arc of a circle of one marine
league radius from the said headland at Minot's Ledge, to a
point marked W on plan, in lat. 42° 18' 53", long. 70° 43' 33".
Thence north, more westerly, parallel to and distant one
marine league from a line from the said headland at Minot's
Ledge to the headiand at Point Allerton, to a point marked
X on plan, in lat. 42° 20' 20", long. 70° 48' 00".
Thence north, a little easterly, parallel to and distant one
marine league from a line from the said headland at Point
Allerton to the headland at the North-east Graves, to a point
marked Y on plan, in lat. 42° 21' 46", long. 70° 47' 38".
Thence north, a little easterly, parallel to and distant one
marine league from a line from the said headland at North-
east Graves to the headland at Great Pig Rocks, to a point
marked Z on plan, in lat. 42° 26' 20", long. 70° 46' 58".
Thence north-easterly, parallel to and distant one marine
league from a line from the said headland at Great Pig
Rocks to the headland at Inner Breaker, to a point marked
Z1 on plan, in lat. 42° 29' 00", long. 70° 43' 22".
Thence north-easterly, parallel to and distant one marine
league from a line from the said headland at Inner Breaker
to the headland at Eastern Point, to a point marked Z2 on
plan, in lat. 42° 32' 18", long. 70° 36' 59".
Thence north-easterly, on a slightly curved line parallel
1882.] PUBLIC DOCUMENT— No. 11. 35
to and distant one marine league from the general curve of
the southerly shore-line of Eastern Point, to a point marked
Z3 on plan, in lat. 42° 32' 37", long. 70° 36' 17".
Thence north-easterly, parallel to and distant one marine
league from a line from the headland on the southerly shore
of Eastern Point to the headland at Londoner, to a point
marked Z4 on plan, in lat. 42° 35' 45", long. 70° 31' 00".
Thence north-easterly and northerly, on the arc of a circle
of one marine league radius from the said headland at Lon-
doner, to a point marked Z5 on plan, in lat. 42° 38' 06", long.
70° 29' 34".
i Thence northerly, parallel to and distant one marine league
from a line from the said headland at Londoner to the head-
land at Dry Salvages, to a point marked Z6 on plan, in lat.
42° 40' 26", long. 70° 29' 40".
Thence northerly and north-westerly, on the arc of a circle
of one marine league radius from said headland at Dry Sal-
vages, to a point marked Z7 on plan, which is identical with
a point marked A on plan No. 1 comprised of the United
States Coast Survey " Chart No. 8 from Wells to Cape Ann,"
in lat. 42° 43' 04", long. 70° 32' 09".
Thence north-westerly, parallel to and distant one marine
league from a line from the said headland at Dry Salvages to
the headland at Halibut Point, marked B on said plan No. 1,
in lat. 42° 44' 15", long. 70° 35' 53".
Thence westerly, on the arc of a circle of one marine
league radius from the said headland at Halibut Point, to a
point marked C on plan, in lat. 42° 44' 25", long. 70° 38' 30".
Thence westerly, a little northerly, parallel to and distant
one marine league from a line from a headland near the said
Halibut Point to the headland at the southerly end of Plum
Island, to a point marked D on plan, in lat. 42° 45' 02",
long. 70Q 42' 43".
Thence northerly, a little westerly, parallel to and distant
one marine league from a line from the said headland at the
southerly end of Plum Island to the headland near the mouth
of Merrimack River, to a point marked E on plan, in lat. 42°
48' 25", long. 70° 43' 52".
Thence northerly, a little. easterly, parallel to and distant
one marine league from the said headland near the mouth of
Merrimack River to the headland at Old Cellar Rock, to a
36 HARBOR AND LAND COMMISSIONERS. [Jan.
point marked F on plan, the northerly terminus of the line,
in lat. 42° 51' 55", long. 70° 43' 26". '
The linear extent of the line of the Commonwealth, in its
course as above defined, around the islands of Martha's Vine-
yard and Nantucket, and around Cape Cod and Cape Ann
from the point of boundary with the State of Rhode Island
to the south-easterly point of Nantucket, is about 75 miles ;
to the southerly point of Monomay, about 158 miles ; to the
northerly point of Cape Cod at Race Point, about 222 miles ;
to the entrance of Boston Harbor, about 304 miles ; to the
easterly point of Cape Ann, about 336 miles; and to the
northerly terminus of the line of the Commonwealth at its
boundary with New Hampshire, about 355 miles.
The distance from the southerly terminus of the line of
the Commonwealth at its boundary with Rhode Island to the
southerly point of Monomay following the line of the Com-
monwealth and the line of boundary between the towns bor-
dering on Vineyard Sound, is about 71 miles.
Harbor Improvements by the General Government.
Boston Harbor.
The works of the General Government in the harbors of
the State during the past year have been continued with
increasing advantages to its commerce. The opportunities
which the Board have had to observe the character and prog-
ress of this work make it gratifying as. well as incumbent
upon them to call attention to the long and interested service
which the engineer officers of the United States in charge of
it have rendered to the Commonwealth, and the value of
their personal and professional experience in examinations
and estimates, and in the execution of the varied and diffi-
cult projects of improvement submitted to their care. The
Board is indebted to both Gen. Thorn and Gen. Warren for
the continued courtesy of information concerning their re-
spective works.
In the northern division of the seacoast of the State, in
charge of Gen. George Thom, United States engineer, the
work done in Boston Harbor has been the important one of
removing " Anchorage Shoal," in the main basin of the upper
1882.] PUBLIC DOCUMENT — No. 11. 37
harbor. 47,224 cubic yards have been dredged, which has
added 225 feet to the width of the main channel, the aggre-
gate of which is now about 770 feet. By the early part of
March the width will be still further increased to about 810
feet, and by the end of next November the full projected
width of the channel will be effected. The Board hope, how-
ever, that the development of the harbor has reached a point
which will induce the General Government to revise its proj-
ect for the improvement of the main channel so as to increase
materially the minimum width heretofore contemplated.
In execution of the project for the improvement of Charles
River, from its mouth to the dam at the head of tide-water
at Watertown, 63,000 cubic yards of dredging has been done,
and the improvement of the channel completed, from the
mouth of the river to Western-avenue Bridge, a distance of
about 4| miles.
At the mouth of the Mystic River 48,343 cubic yards of
dredging has been done, which has increased the width of the
channel by 125 feet, making its total average width 250 feet.
Still further work of excavation has been begun, to be com-
pleted the coming season, which will complete the project of
improvement for this river.
Repairs have been made, where most necessary, on the sea-
walls of Lovell's Island, Long Island, and Deer Island.
21,924 cubic yards of dredging has been done in Nantasket
Beach channel, which has opened the channel to a width of
about 70 feet, and a depth at mean low water of 9J feet.
In order to complete all the works now projected for the
improvement of Boston Harbor, the following appropriations
have been asked for : to wit, —
Widening main ship channel at Upper Middle, at its westerly
end, and for rebuilding and repairing sea-walls in Boston
Harbor proper $24,000
Completing improvement of Charles River .... 67,500
Completing channel leading to Nantasket Beach . . . 5,000
$96,500
Merrimack River,
The improvement of the Merrimack River is a work of much
importance, particularly to the citizens of the north-eastern
portion of the State. The increased facilities given to all
38 HARBOR AND LAND COMMISSIONERS. [Jan.
classes of navigation by the aid of the General Government,
and the improvement of the draw-way openings through the
various bridges, will give a character and value to the river
not heretofore possessed. As stated by Gen. Thorn, the object
of the present project for the improvement of this river is to
afford a channel of navigable width and a depth of not less
than nine feet at mean low water from its mouth at the outlet
of Newburyport Harbor up to Deer Island Bridge, — a dis-
tance of about five miles ; and thence up to Haverhill Bridge,
— an additional distance of 12^- miles, with a depth of twelve
feet at ordinary high water, the rise and fall of tides varying
from seven and a half to four feet ; and thence up to the
head of the " Upper Falls," — a distance of four miles, a depth
of not less than four feet and a half in the ordinary stages
of the river, with the mill-water at Lawrence running, the
rise and fall of the tides varying from four feet at Haverhill
to none at the foot of the " Upper Falls."
The natural channel of this river was very narrow and
crooked in several places, and much obstructed by sunken
ledges, bowlders, and shoals, and especially at the falls, por-
tions of which were covered with bowlders and ledges more
or less bare, and impassable for any vessels or scows ; whilst
in Newburyport Harbor the channel was obstructed by nu-
merous sunken ledges, crib-work piers, and wrecks, seriously
endangering navigation. Previous to January, 1881, the work
done for the improvement of this river consisted in opening
the channel above Haverhill and through the falls to the
projected width and depth in places where absolutely neces-
sary to make its navigation practicable, also in dredging at
Haverhill between the bridges, and at Silsby Island shoals,
as well as at Currier's shoal, about four miles below Haver-
hill, including the removal of a large number of dangerous
sunken rocks at and near Rocks Bridge and the head of
Silsby Island; also in Newburyport Harbor in the removal
of " Ganway Rock " and " North Rocks " in part, and in the
removal of two sunken wrecks. During the past year the
removal of "South Ganway Rock" in Newburyport Harbor
to a depth of nine feet at mean low water has been com-
pleted, together with the breaking up and removal of North
Rock spur to a depth of nine feet, and the breaking up and
removal of South Badger ledge near the mouth of the river
to ten feet at mean low water.
1882.] PUBLIC DOCUMENT — No. 11. 39
Newburyport Harbor,
The project of improvement for Newburyport Harbor was to
afford a permanent channel through the outer bar, with a depth
sufficient to allow vessels of 13J feet draught to cross it at
mean low water, the rise and fall of the tides being 7i feet.
To effect this, the project of two converging rubble-stone jet-
ties has been adopted, to be built out from the shore at points
north and south of the entrance to a height of four feet above
mean high water, with a width of 15 feet on top, with inner
slope of 45°, and outer slope of 22|°, the entrance through
the outer extremities of the jetties to be 1,000 feet in width.
The cost of these jetties is estimated at $365,000. Work has
already been done on the northern jetty by the placing of
about 13,743 tons of stone, whereby the work has been built
out for a distance of about 700 feet from Salisbury Beach.
Scituate Harbor.
A survey of Scituate Harbor was made by Gen. Thorn in
1878, with a view to its adaptability as a harbor of refuge,
and a project devised for two rubble-stone jetties to protect
the entrance ; also to excavate a basin inside of sufficient
area for the harbor, with a depth of ten to twelve feet at mean
low water, the greatest depth at present being not more than
about five feet on a verj^ small area ; also to excavate a chan-
nel into the harbor, with a depth of not less than ten feet at
mean low water. The estimated cost of this improvement
as revised for the project adopted is $280,000. $17,500 of
this amount has been appropriated, and during the last sum-
mer, after many interruptions caused by unfavorable weather,
5,088 tons of stone have been put in place.
Plymouth Harbor.
The existence of this harbor depends upon the protection
and preservation of Long Beach, which has been under the
care of the government engineers from 1864 to and including
1881, and $84,800 in various sums have been appropriated
for their work. In 1875 a Channel was dredged fifty feet
wide and six feet deep at mean low water, from the " middle
ground " up to "Long Wharf," — a distance of about 2,500
feet. The project of improvement, however, provides for a
40 HARBOR AND LAND COMMISSIONERS. [Jan.
channel 100 feet wide up to Long Wharf, and extended
southward towards the mouth of Town Brook, — a distance
of about 900 feet above Long Wharf, — so as to form a basin
in front of the wharves of the city 150 feet in width and eight
feet deep at mean low water. On the 1st of September, 1881,
this project was entirely completed by the removal of 103,505
cubic }^ards of material from the channel and basin referred
to. It is most gratifying to state that the only work that
now remains to be done for the preservation and protection
of this harbor consists in the repairs of the works on Long
Beach where necessary.
Provincetown Harbor.
All the works projected for the protection, preservation,
and improvement of this harbor have been completed, with
the exception of the bulkheads on Long Point, which are in
good condition, and fully answer the purposes designed.
They will, however, require continual watching and occa-
sional repairs.
Lynn Harbor.
A survey of Lynn Harbor has been made, with a view to
its improvement, and a project and estimate for the respective
work has been submitted to the Chief of Engineers to be
laid before Congress.
Merrimack River, from Lawrence, Mass., to Manchester, N.H.
A survey, project, and estimate of cost for this part of
the river — a distance of about forty-eight miles and a half —
have been made, and submitted to the Chief of Engineers, to
be laid before Congress.
Government Work in Charge of Gen. G. K. Warren.
The works of harbor improvement upon the southern
coast of the State in charge of Gen. G. K. Warren, United
States Engineers, are of much importance, particularly those
of protection and improvement of the harbors of refuge in
the dangerous navigation of this part of the coast.
Nantucket Harbor.
Up to the 30th of June last, nearly 4,000 tons of granite
had been placed in the jetty on the westerly side of the
1882.] PUBLIC DOCUMENT — No. 11. 41
entrance to Nantucket Harbor, extending it 850 feet, and
additional work has been done upon it since. Gen. Warren
considers it too soon to see or predict the effect of the jetty
in increasing the depth of water over the shoals ; but careful
and comprehensive surveys have been made as a basis for
future comparison of changes following the construction of
the jetty. Seventy-five thousand dollars is asked for the
completion of this work by June 30, 1883.
Edgartown Harbor.
During the last summer a conference was held at Edgar-
town between Gen. G. K. Warren, the chairman of this
Board, and the citizens of the port interested in the harbor,
to discuss and devise means for its improvement.
With a small unexpended portion of a former government
appropriation, to which the Board added the sum of $300,
a re-survey was made under the direction of Gen. Warren
in order to ascertain and compare the changes which have
taken place in various parts of the harbor since the closing
of the south beach in 1869. Gen. Warren has taken re-
newed interest in the problem of re-establishing a southern
inlet to this harbor; and, while there are many difficulties and
uncertainties attending its accomplishment, he considers the
possibilities of success sufficient to warrant another appro-
priation by the General Government for the required work.
Woods Roll.
The work of improvement in this important thoroughfare
executed during the fiscal year ending June 30, 1881, con-
sisted in removing bowlders of various sizes, and completing
the work which had been in progress during the previous
year. The original plan and estimate for the thorough
improvement of this passage-way comprehended extensive
excavations at a cost of $430,000. The demand for this,
however, does not seem to be immediate. Gen. Warren
says, " This complete improvement may truly be called a
national one. It is not for the benefit of any special locality.
It is for a navigable highway uniting two large bodies of
navigable water extensively used by the commercial vessels
of the United States ; and when thoroughly improved it will
42 HARBOR AND LAND COMMISSIONERS. [Jan.
tend greatly to a saving of time, and diminish the dangers
of general coast navigation."
Taunton River.
Work has been executed for the improvement of Taunton
River in conformity with previous plans and estimates, and a
channel excavated eleven feet deep at mean high water, and
from forty to sixty feet wide for a distance of 3,100 feet from
the bridge at Weir down the river. An additional appro-
priation of ^25,000 has been made for continuing this im-
provement, and the amount estimated as necessary to com-
plete the existing project to give an available depth of eleven
feet at mean high water to Weir Bridge, is $ 41,500.
Connecticut River.
The importance of the improvement of this river may be
judged by the fact that after careful examination by the
United States engineers, the amount estimated to complete
existing projects is $1,322,805. Satisfactory work has been
done during the last year, and its continuance contemplated.
1882.] PUBLIC DOCUMENT — No. 11. 43
Office and Field Work.
Plans approved and Licenses granted, during the Year 1881, for the Erec-
tion of Structures in and over Tide- Water.
Nos.
587. C. E. Stevenson, for leave to build a solid wharf on the south shore
of Winthrop. Approved Jan. 13, 1881.
587^. Boston and Maine Railroad, for leave to rebuild its bridge across
Merrimack River, between Bradford and Haverhill. Approved
Jan. 20, 1881.
588. Killey E. Terry, for leave to construct a wharf on the west side of
Clark's Cove, in the town of Dartmouth. Approved Jan. 20,
1881.
589. Old Colony Railroad Company, for leave to fill solid certain portions
of its bridge on the line of its road across North River, in the
towns of Marshfield and Scituate. Approved Jan. 20, 1881.
590. Hoosac Tunnel Dock and Elevator Company, for leave to extend its
wharves (otherwise known as Damon's, Hittinger's, and Tudor's
Wharves) on Charles River, Charlestown District. Approved
Jan. 20, 1881.
591. Samuel Osborn, jun., and Walter S. Osborn, for leave to extend
Osborn's Wharf, at Edgartown. Approved Feb. 3, 1881.
592. Boston and Albany Railroad Company, for leave to widen Pier No.
1, Grand Junction Wharves, East Boston. Approved Feb. 17,
1881.
593. P. E. Bowers, for leave to extend his wharf on Taunton River, in
the town of Somerset. Approved Feb. 17, 1881.
594. The Boston Steamboat and Pier Company, for leave to construct a
pile-pier on Cherry Island Bar, at Broad Sound Point, in the
town of Revere. Approved March 17, 1881.
595. Moses Williams, for leave to straighten and widen the southerly
side of India Wharf. Approved March 17, 1881.
596. City of Newburyport, for leave to construct a pile-structure for the
purpose of giving greater safety to the first span in Newburyport
Bridge. Approved March 25, 1881.
597. W. F. Whitney, for leave to extend his wharf on First Street, near
F Street, South Boston. Approved March 31, 1881.
598. Hull and Nantasket Beach Railroad Company, for leave to construct
a pile-wharf on the southerly side of Windmill Point, Hull.
Approved March 31, 1881.
599. Forest Hill Company, for leave to build wharves and other struct-
ures on Taunton River, Fall River. Approved March 31, 1881.
600. Lyman R. Blake, for leave to construct a wharf on Charles Neck,
town of Marion. Approved March 31, 1881.
601. J. H. and F. A. Langmaid, for leave to cover with a pile-structure
part of their dock, Salem Harbor. Approved April 8, 1881.
602. O. F. Belcher, for leave to build a solid wharf on the south shore of
Winthrop. Approved April 14, 1881.
44 HARBOR AND LAND COMMISSIONERS. [Jan.
Nos.
603. Chelsea Beach Railroad Company, for leave to build a bridge across
an inlet from Pines River, in the town of Revere. Approved
April 20, 1881.
604. Forest Hill Company, for leave to build a pile-wharf in front of its
premises on the easterly side of Taunton River, city of Fall River.
Approved April 21, 1881.
605. Eastern Railroad Company, for leave to fill flats in Frye's Mill-
pond, Salem. Approved April 28, 1881.
606. City of Salem, for leave to build a canal with stone walls, in Frye's
Mill-pond. Approved April 28, 1881.
607. Hoosac Tunnel Dock and Elevator Company, for leave to drive
additional piles for the support of sheds upon Hittinger's Wharf,
Charlestown District. Approved April 28, 1881.
608. William Pickering, jun., for leave to build a stone wall upon his
wharf on Union Street, Salem. Approved April 28, 1881.
609. City of Boston, for leave to rebuild and extend its wharf on Deer
Island, Boston Harbor. Approved May 5, 1881.
609\ Central Wharf and Wet Dock Corporation, for leave to extend Cen-
tral and India W7harves to the harbor line. Approved April 28,
1881.
610. Lyon, Depuy, and Co., for leave to rebuild and extend their wharf
at East Boston. Approved May 19, 1881.
611. Hoosac Tunnel Dock and Elevator Company, for leave to extend its
wharf, known as Gage's or Swett's Wharf, Charlestown District.
Approved May 5, 1881.
612. Chelsea Beach Company, for leave to build a wharf at Pines Point,
town of Revere. Approved May 26, 1881.
613. W. J. Humphrey, for leave to extend his wharf on Border Street,
East Boston. Approved May 26, 1881.
614. Old Colony Railroad Company, for leave to extend its pile-wharf on
Fort Point Channel, South Boston. Approved June 2, 1881.
615. Home for Aged Women, for leave to rebuild its sea-wall in front of
its property bordering on Charles River, between Revere and
Pinckney Streets. Approved June 16, 1881.
616. Eastern Railroad Company, for leave to widen and extend its wharf
at East Boston. Approved June 3, 1881.
617. Edward P. Shaw, for leave to build a pile-pier on Merrimack River,
near Salisbury Point. Approved June 13, 1881.
618 and 618\ Chelsea Beach Railroad Company, for leave to construct a
bridge across Pines River, in the towns of Revere and Saugus.
. Approved July 2, 1881.
619. Boston Forge Company, for leave to extend its wharf on Maverick
Street, East Boston. Approved July 7, 1881.
620. Chelsea Beach Company, for leave to erect a group of bathing-
houses near Pines Point. Approved July 14, 1881.
621. S. S. Swift of Provincetown, for leave to construct a pile-wharf in
Provincetown Harbor. Approved July 21, 1881.
622. William Hayes, for leave to build a sea-wall and fill flats at Stage
Point, Salem Harbor. Approved July 21, 1881.
1882.] PUBLIC DOCUMENT — No. 11. 45
Nos.
623. Boston Steamboat and Pier Company, for leave to extend its pier on
Cherry Island Bar, at Broad Sound Point, in the town of Revere.
Approved July 28, 1881.
624. Beacon Oil Company, for leave to extend its wharf on Chelsea
Creek, East Boston. Approved July 28, 1881.
625. William Hale, for leave to extend his wharf on Merrimack River,
City of Haverhill. Approved Aug. 4, 1881.
626. Hoosac Tunnel Dock and Elevator Company, for leave to drive
additional piles upon Damon's Wharf, Charlestown District, for
the support of sheds. Approved Aug. 11, 1881.
627. Alford Butler, for leave to build a wharf on Mill Creek, town of
Revere. Approved Aug. 11, 1881.
628. William E Gutterson, for leave to extend his wharf on Fort Point
Channel. Approved Aug. 11, 1881.
629. Hoosac Tunnel Dock and Elevator Company, for leave to drive
additional piles upon easterly Tudor Wharf, for the support of
sheds, Charlestown District. Approved Sept. 22, 1881.
630. David L. and John G. Webster, for leave to build a wharf on Mai-
den River, Maiden. Approved Sept. 22, 1881.
631. R. W. Bowles, for leave to construct a wharf in Mattapoisett Har-
bor. Approved Sept. 22, 1881.
632. Board of Health of the town of Hull, for leave to construct a sewer
outlet at Windmill Point, town of Hull. Approved Sept. 22,
1881.
633. Town of Maiden, for leave to change the direction of Maiden River,
and also to construct a bridge across said river. Approved Sept.
29, 1881.
634. Boston and Maine Railroad, for leave to reconstruct its bridge across
Merrimack River, between Bradford and Haverhill. Approved
Sept. 29, 1881.
635. City of Boston, for leave to widen the passage-ways for vessels
through Mount Washington Avenue Bridge, in Fort Point Chan-
nel. Approved Oct. 6, 1881.
635a. Trustees under the will of William S. Perry, for leave to extend
Perry's Wharf, on Fort Point Channel, near Broadway Bridge.
Approved Sept. 29, 1881.
636. Old Colony Railroad Company, for leave to extend its steamboat
wharf, in the city of Fall River. Approved Oct 13, 1881.
637. Nantasket Company, for leave to reconstruct its embankments along
the line of high-water mark, on the inside or westerly shore of
Nantasket Long Beach. Approved Oct. 15, 1881.
638. Proprietors of Rowe's Wharf, for leave to widen and extend their
wharf to the harbor line, in Fort Point Channel. Approved
Oct. 13, 1881.
639. Boston and Roxbury Mill Corporation, for leave to fill flats in
Charles River, near the Beacon entrance of the Back Bay Park.
Approved Nov. 10, 1881.
640. Thomas H. Balch, for leave to construct a pile-pier on Merrimack
River, in the town of Groveland. Approved Oct 27, 1881.
46 HARBOR AND LAND COMMISSIONERS. [Jan. '82.
641. Charles B. Barnes, for leave to extend his wharf, known as Hum-
phrey's Wharf, Hingham Harbor. Approved Nov. 10, 1881.
642. N. P. Merriam, for leave to construct a pile-wharf near the foot of
River Street, on Porter's River, Danversport. Approved Nov.
10, 1881.
643. John C. Tilton, for leave to extend his wharf on Merrimack Street,
in the city of Haverhill. Approved Nov. 10, 1881.
644. Trustees under the will of Ebenezer Francis, for leave to extend
Francis Wharf, on Fort Point Channel. Approved Nov. 28, 1881.
645. John S. Weeks, for leave to change a portion of his wharf from pile
to solid, on Border Street, East Boston. Approved Dec. 1, 1881.
646. N. E. Harlow, for leave to extend his wharf in Plymouth Harbor.
Approved Dec. 3, 1881.
647. Jabez K. Montgomery and Atwood L. Howard, lessees of the United
States Government Wharf at Chelsea, for leave to drive piles in
front of said wharf, in Chelsea Creek. Approved Dec. 8, 1881.
648. Samuel Haskell, for leave to extend his wharf in Gloucester Har-
bor Approved Dec. 29, 1881.
649. Benj. F. Allen and Daniel Allen, jun., for leave to extend their
wharf on Five Pound Island, Gloucester Harbor. Approved Dec.
29, 1881.
650. Charles Smiley, for leave to extend his wharf on Merrimack River,
city of Haverhill. Approved Dec. 29, 1881.
Sixty-seven licenses have been granted, which is above the
yearly average, though not as many as were issued in 1880.
About one-third of the licenses granted were for structures
in Boston Harbor. The Board has endeavored to make the
inspection of localities where the erection of structures has
been proposed, more thorough and systematic, and has found
the demands upon its time and that of its employes to
increase.
ALBERT MASON.
FRANCIS A. NYE.
HENRY L. WHITING.
Boston, Jan. 1, 1882.
APPENDIX.
APPENDIX.
Articles of Agreement made this Twenty-first Day of June, in the Year
Eighteen Hundred and Eighty-one, by and between F. G. Whitcomb of
East Boston in the County of Suffolk and Commonwealth of Massachu-
setts, Party of the First Part, and the Commonwealth of Massachu-
setts, acting by its Board of Harbor and Land Commissioners, Party of
the Second Part, witness: —
The said party of the first part hereby covenants and agrees with said
party of the second part to furnish all the materials, and build fourteen
hundred (1,400) feet of bulkhead in three lines, as follows: one thousand
(1,000) feet to be one hundred (100) feet east of and parallel to the east-
erly line of D Street, two hundred (200) feet to be two hundred and fifty
(250) feet east of and parallel to the easterly line of C Street, and two
hundred (200) feet to be one hundred (100) feet west of and parallel to
the westerly line of C Street; each line to commence about two hundred
and twenty (220) feet north-easterly of First Street, and run north-
easterly.
The bulkhead is to be built of spruce piles driven six feet apart on
centres, with a spurshore to each pile; and the piles are to be planked
from the surface of the mud to grade seven (7).
The plan on file at the office of the Harbor and Land Commissioners
shows the details and method of construction of the bulkhead, and is to
be followed in details not otherwise mentioned.
The piles and spurshores shall be straight, and free from large knots,
and not less than ten (10) inches diameter at the butt, and not less than
six (6) inches diameter at the point when ready for driving. They are
to be driven six (6) feet into the hard bottom, and all those injured by
driving shall be removed and replaced by sound ones at the expense of the
contractor.
The faces of the main piles must be brought to a true line before the
planking is put on, the tops are to be cut off level at grade fourteen (14),
and the spurshores are to be fitted at grade six and five-tenths (6.5) ; and
each one will be bolted with one one-and-one-fourth-inch screw-bolt.
The piles at the outer ends will be braced by two additional spurshores
7
50 HARBOR AND LAND COMMISSIONERS. [Jan.
fitted at grade ten (10), and bolted with one-and-one-fourth-inch screw-
bolts.
The planks are to be spruce, three (3) inches thick, sound, sawed
square, and not less than twelve (12) feet long. They are to be secured
to the piles by wrought-iron ship-spikes six inches long, and three-eighths
inch square, and the butt-joints must come on the piles.
If required by the engineer, the planks must be still farther secured,
as shown in red on the afore-mentioned plan.
All the work to be done in a neat and workmanlike manner, in accord-
ance with the lines, grades, and instructions given by the engineer, and
to the satisfaction of the commissioners and the engineer.
The work to be commenced within two weeks, and to be prosecuted
continuously till its completion.
The said party of the second part hereby covenants and agrees with
said party of the first part to pay said party of the first part for said
bulkhead at the rate of, one dollar and fifty-two cents ($1.52) per lineal
foot, and, in case said extra fastening is required, at the rate of one dollar
and sixty-nine cents ($1.69) per lineal foot for the part where said extra
fastening is required.
Monthly estimates of the work done will be made by the engineer, and
payment of ninety per cent of the contract-price will be made thereon,
the remaining ten per cent to be retained until the completion, final meas-
urement, and acceptance of the work.
It is agreed by and between the parties hereto that upon all questions
of measurement, lines, or grades, the decision of the engineer of said
board shall be final.
In testimony whereof the said F. G. Whitcomb has hereunto set his
hand and seal, and the said Commonwealth has caused its seal to be
hereto affixed, and these presents to be signed and delivered in its name
and behalf by its Board of Harbor and Land Commissioners the day and
year above written, and the same to be approved by its Governor and
Council.
F. G. WHITCOMB. [seal ]
COMMONWEALTH OF MASSACHUSETTS,
[seal of the By Albert Mason,
COMMONWEALTH.] WlLL'D P. PHILLIPS,
F. A. Nye.
In Council, June 25, 1881.
Approved.
HENRY B. PEIRCE,
Secretary.
Plan
showing loca t/on of flats.
TO BUT F/LLED IfM/JEff CDNT/MCTS
TO ACCOMPANV REFOFT /-'Off
1881.
188-2.] PUBLIC DOCUMENT — No. 11. 51
[2.]
Articles of Agreement made this Twelfth Day of August, in the Year Eighteen
Hundred and Eighty-one, by and between the New England Dredging
Company, a Corporation duly established under the Laws of Massachusetts,
Party of the First Part, and the Commonwealth of Massachusetts
acting by its Board of Harbor and Land Commissioners, Party of the
Second Part, witness : —
The said party of the first part hereby covenants and agrees with, said
party of the second part :
First, to dredge five hundred thousand cubic yards of material from
the shoals in the harbor of Boston, lying southerly of the main ship
channel and north-westerly of slate ledge, at places to be designated by
the engineer of the Board of Harbor and Land Commissioners, and to
deposit said dredged material on the flats of said Commonwealth lying
between B Street and a line one hundred feet east of and parallel with
the easterly line of D Street, and between the southerly line of Eastern
Avenue and a line about one thousand feet south of and parallel with the
southerly line of Eastern Avenue.
Second, to dredge four hundred thousand cubic yards of material from
the shoals in the harbor of Boston lying southerly of the main ship chan-
nel and north-westerly of slate ledge, and deposit the same on the flats of
the Commonwealth lying between a line fifty feet east of and parallel
with the easterly line of C Street extended, and a line one hundred feet
east of and parallel with the easterly line of D Street extended, and be-
tween the southerly line of Eastern Avenue and a line one thousand three
hundred feet south of and parallel with the exterior line of South Boston
Flats, as shown on the plan hereto annexed. All the dredging shall be to
the depth of twenty-three feet at mean low water, except at the mouth
of Fort Point Channel, where the bottom shall be sloped up to meet the
bottom, as now dredged, and excepting in case of ledge and of bowlders
of more than one-half of one cubic yard. All areas dredged over shall
be left smooth and regular at the required depths. If any portion of said
dredged area is excavated deeper than twenty-five feet at mean low water,
an amount of material equal to the amount excavated below grade minus
2 -j shall, without expense to the Commonwealth, be excavated from and
deposited by scows on such places on the flats as the engineer shall desig-
nate The amount of the excavation will be determined by the measure-
ment of the filling as hereinafter provided.
All the flats to be filled shall be filled from the present surface to grade
13, and at the completion of the work shall be left smooth and level at
grade 13, where the boundaries of said filling are protected by other fill-
ing or by bulkheads. The filling shall be brought up to grade 13 at
52 HARBOR AND LAND COMMISSIONERS. [Jan.
such boundaries, but where the boundaries are unprotected the filling is
to be allowed to take its natural slope.
In filling immediately behind a bulkhead, the filling must be deposited
in such a manner that it will flow away from the bulkhead and not
towards it.
In the work of both dredging and filling, the lines, grades, and instruc-
tions given by the engineer in charge must be strictly observed, and all
necessary aid and material for giving said lines and grades shall be fur-
nished by said party of the first part.
All the work shall be done to the reasonable satisfaction of the engineer
at any time during the progress, and until the completion and acceptance,
of the work.
The dredging and filling of the area first described shall be completed,
and 175,000 cubic yards of the filling of the second described area shall
be completed, within three years from the date of approval of this coii-
tract, and the whole 900,000 cubic yards shall be completed within four
years from date of approval.
The work shall be commenced within a reasonable time, and prosecuted
with the necessary vigor to insure its completion within the time herein
stipulated.
The said party of the second part hereby covenants and agrees with
said party of the first part to pay said party of the first part for excavat-
ing in the harbor, and filling the area described first, at the rate of fifty
cents per cubic yard; and for excavating in the harbor, and filling the
area described second, at the rate of forty-six cents per cubic yard; in
the manner and upon the conditions herein set forth and agreed as fol-
lows: plans showing the present surface of the flats will be made by the
engineer in charge before the filling is begun, and will be used as the
basis of all measurements of filling. Monthly estimates of the work exe-
cuted will be made by the engineer in charge, and payment will be made
of seventy-five per cent of the contract price for all the material deposited
below grade 5 and above grade 13, and ninety per cent of the contract
price for all the material between grades 5 and 13.
When an area is graded level at grade 13, or at such grade as shall be
thought necessary to allow for settling, payment will be made of ninety
per cent of the contract price for all the material deposited on said area
up to grade 13 The remaining ten per cent to be retained until the final
completion and acceptance of the work.
When the area filled from one tramway has been levelled and main-
tained at grade 13 for one month, such area shall be accepted as to grade,
and the contractor relieved of further care of the same.
It is agreed by and between the parties hereto, that upon all questions
of measurement, lines or grades proposed in writing by one party and
after notice to the other party, the decision of the engineer of said Board
shall be final.
It is further agreed by and between the parties hereto, that should the
party of the first part refuse or neglect to prosecute the work herein con-
tracted for, with the requisite vigor to insure its completion within the
time herein stipulated, or in any other respect make any substantial
1882.] PUBLIC DOCUMENT — No. 11. 53
violation of this agreement, the said Board shall have power to annul this
agreement and to contract anew with other parties without prejudice to
the claim of said party of the second part for damages arising from
breach hereof.
The party of the second part further covenants and agrees with the
party of the first part to build a bulkhead on the northerly and easterly
boundaries of said areas to be filled, and also on the line between said
areas and the area to be filled by Thomas Potter under his contract with
the said Commonwealth dated Aug. 28, 1880.
In testimony whereof the said New England Dredging Company has
caused its corporate seal to be hereto affixed, and these presents to be
signed and delivered in its name and behalf by Charles H. Souther, its
president and treasurer; and the said Commonwealth has caused its seal
to be hereto affixed, and these presents to be signed and delivered in its
name and behalf by its Board of Harbor and Land Commissioners, the
day and year above written, and the same to be approved by its Gov-
ernor and Council.
NEW ENGLAND DREDGING COMPANY,
[NEW ENGLAND DREDG- By CHARLES H. SOUTHER,
ing company seal, Prest. fy Treas.
1873.]
Executed in presence of
D. Koppmann.
COMMONWEALTH OF MASSACHUSETTS,
[seal of the common- By Albert Mason,
wealth of massa- francis a. nye,
chusetts.] Henry L. Whiting,
Harbor and Land Commissioners.
In Council, Aug. 18, 1881.
Approved
HENRY B PEIRCE,
. Secretary.
54 HARBOR AND LAND COMMISSIONERS. [Jan.
[3.]
Articles of Agreement made this Sixth Day of September, in the Year Eigh-
teen Hundred and Eighty-One, by and between F. G. Whitcomb of East
Boston, in the County of Suffolk and Commonwealth of Massachusetts,
Party of the First Part, and the Commonwealth of Massachusetts,
acting by its Board of Harbor and Land Commissioners, Party of the
Second Part, witness : —
The said party of the first part hereby covenants and agrees with said
party of the second part, to furnish all the materials for and build about
4,000 feet of bulkhead on South Boston Flats, situated as follows : Be-
ginning at the easterly line of B Street and southerly line of Eastern
Avenue, running thence easterly along the southerly line of Eastern
Avenue 600 feet, thence turning at right angles and running northerly
1,150 feet, thence turning and running easterly parallel to the exterior
line of occupation of South Boston Flats, to a point 100 feet east of the
easterly line of D Street extended, thence turning and running southerly
parallel to and 100 feet east of the easterly line of D Street, about 2,280
feet, leaving a gap about 400 feet long in the most northerly line, and, if
required, a gap in the most easterly line.
The bulkhead is to be built of spruce piles driven six feet apart on
centres with two spurshores to each pile, and the piles planked from the
surface of the mud to grade 13, and capped above the planks with a
double girder cap each 6" x 12".
The plans in the office of the Harbor and Land Commissioners show
the details and method of construction of the bulkhead, and are to be
followed in all details not mentioned in this contract.
The piles and spurshores shall be straight and free from large knots,
and not less than ten inches in diameter at the butt, and not less than
six inches in diameter at the point when ready for driving. They are to
be driven ten feet into the hard bottom, and all those injured by driving
shall be removed and replaced by sound ones at the expense of the con-
tractor.
The faces of the main piles must be brought to a true line before the
planking is put on, the tops are to be cut off and capped at grade 14,
and the spurshores are to be fitted one at grade 4, and the other at grade
12, and each one will be bolted with one 1^ inch screw-bolt. The end and
corner piles are to be braced by four spurshores, instead of two, placed
and fitted as directed by the engineer.
The caps are to be spruce, 6" x 12", and as long as possible, none
being less than fifteen feet, and shall be fitted as shown on the plan
bolted to the piles with one-inch screw-bolts, and the splices bolted with
| inch screw-bolts.
1882.] PUBLIC DOCUMENT — No. 11. 55
The planks are to be spruce, three inches thick, and in as long lengths
as possible, none being less than twelve feet long, and the butt-joints must
come on the piles. They are to be spiked to the piles with f inch square
wrought-iron ship-spikes six inches long.
On the northerly and easterly lines the planking shall be still further
secured by strips of spruce plank three inches by six inches well driven
into the mud, and reaching to the top of the planking, and bolted through
to the main piles by three f inch screw-bolts.
All the timber to be sound, sawed square, and free from large knots.
All the work to be done in a neat and workmanlike manner, in accord-
ance with the lines graded and instructions given by the engineer, and to
the satisfaction of the commissioners and the engineer.
The work is to be commenced within a reasonable time, and prose-
cuted continuously in all suitable weather, till its completion.
The said party of the second part hereby covenants and agrees with
said party of the first part to pay said party of the first part for said
bulkhead at the rate of $3.59 per lineal foot, and for said extra fastening
to pay at the rate of $1 65 for each six lineal feet of bulkhead when said
extra fastening is put on.
Monthly estimates of the work done will be made by the engineer,
and payment of ninety per cent of the contract-price will be made there-
on, the remaining ten per cent to be retained until the completion, final
measurement, and acceptance of the work.
It is agreed by and between the parties hereto, that upon all questions
of measurement, Hues, or grades, the decision of the engineer of said
Board shall be final
In testimony whereof the said F. G. Whitcomb has hereunto set his
hand and seal, and the said Commonwealth has caused its seal to be
hereto affixed, and these presents to be signed and delivered in its name
and behalf by its Board of Harbor and Land Commissioners, the day and
y^ar above written, and the same to be approved by its Governor and
Council.
F. G. WHITCOMB. [seal]
THE COMMONWEALTH OF MASSACHUSETTS,
By Albert Mason,
[seal of the Francis A. Nye,
COMMONWEALTH ] HENRY L. WHITING,
Harbor and Land Commissioners.
In Council, Sept. 20, 1881.
Approved.
HENRY B. PEIRCE, Secretary.
Recorded in vol. 2, Treaties, Contracts, etc., pp. 250-253.
PUBLIC DOCUMENT. No. 11.
ANNUAL REPORT
OF TEE
HARBOR AND LAND COMMISSIONERS,
FOE
THE YEAK 1882.
BOSTON:
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
No. 18 Post Office Square.
1883.
€ommcmn)ealtl) of Jttasaacljuseits.
HARBOR AND LAND COMMISSIONERS' REPORT.
To the Honorable the Senate and the House of Representatives of the
Common wealth of Massachusetts.
The Board of Harbor and Land Commissioners, in accord-
ance with the provisions of law, respectfully submit their
Annual Report for the year 1882.
South Boston Flats.
Two hundred and forty-four thousand yards of dredged
material have been deposited on the flats at South Boston
under the contract of August 12, 1881, with the New Eng-
land Dredging Company, and fifty-seven thousand eight
hundred and thirty-one yards under the contract of August
28, 1880, with Thomas Potter. The stipulation of the last-
named contract, that the work under it should be completed
before January 1, 1883, has not been kept : but the Common-
wealth will suffer no detriment from the delay, as the adjoin-
ing reclamation will not be hindered, and no special advantage
would be derived from the completion of the sixteen acres
covered by this contract in advance of that adjoining. A
supplementary agreement with the contractor, extending
his time one year, has been executed.
About one hundred thousand yards of material dredged
by the general government, and by private parties, have been
obtained and deposited mostly on the area in rear of that
covered by the above-named contracts, making a total of
about four hundred and twenty thousand yards of dredged
4 HARBOR AND LAND COMMISSIONERS. [Jan.
material, — the largest amount placed upon the flats in any
one year since the commencement of the work, and equiva-
lent to nearly twenty acres of complete reclamation.
The amount of material obtained from outside the con-
tracts with the Commonwealth, was much larger than had
been anticipated, and proved larger than could be advan-
tageously deposited without provision for lifting it to the
grade prescribed for the Commonwealth's own work. The
importance of securing this material was obvious, and the
necessity of providing for its disposition with the maximum
of advantage to the reclamation, and the minimum of dis-
advantage to navigation outside the area under reclamation,
was imperative. Although the contracts already made were
estimated to leave no more than a reasonable margin of the
existing appropriation for the specific purpose of the recla-
mation, the character of the work to be done was so plainly
that for which the income of the compensation fund could
be used, that there seemed to the Board no question but
that the entire appropriations available were adequate for
all the work that need be undertaken.
A contract was accordingly made, on the first day of July,
with the New England Dredging Company, to provide for
receiving all the material that should be deposited from mis-
cellaneous sources, raising the same, and placing it on the
area in rear of that covered by its previous contract, leaving
it, at grade thirteen, uniform with the other filling of dredged
material. In connection with this measure, and as part of
the inducement for adopting it, the Board effected an ar-
rangement with riparian proprietors, who would be accom-
modated by confining the immediate operations of the
Commonwealth to a smaller area than would otherwise be
practicable, by which the Commonwealth will receive for the
use of its unoccupied flats outside the area of present recla-
mation, one thousand dollars per year for three years . .Copies
of these several contracts will be found in the appendix.
B Street has been covered with gravel, as provided in the
contract reported last year, and is now completed, so far as
the Commonwealth is required to construct it, to Congress
Street.
Negotiations have been re-opened for the purchase of the
1883.] PUBLIC DOCUMENT — No. 11. 5
larger of the outstanding fractional interests in the area of
riparian ownership, which the Commonwealth had undertaken
to obtain under chap. 446 of the Acts of 1869, and the Board
are hopeful of a successful conclusion at an early day.
As the work involved in the South Boston reclamation
proceeds, its success as an advantageous development of the
great property of the State, and as a scheme of harbor
improvement and utilization, seems more fully assured.
Already its prosecution has added fifty acres to the deep-
water area of the harbor, and a series of docks and piers
that may be justly the pride of any harbor, while the
frontage remaining for development is adequate for the
accommodation of indefinite growth.
Mistakes in treatment of the reclaimed area may thwart
the full commercial advantage to the community which
might be secured by adhering to well-considered and com-
prehensive plans, and may greatly reduce the amount to be
realized to the treasury ; but no mistakes that have been
made, or that are likely to occur, can probably prevent the
Commonwealth's enterprise from proving a signal benefit to
its commercial centre, and bringing a Jarge contribution to
its treasury.
Claims against the Boston & Albany R.R. Co.
The claims of the Commonwealth against the Boston &
Albany Railroad Company, were put in suit under the pro-
visions of chap. 50 of the Resolves of 1880. Negotiations
for settlement, pursuant to chap. 58 of the Resolves of 1881,
have been in progress since the passage of the latter resolve,
and have resulted in a settlement for the sum of $100,000,
upon the terms stated in the agreement printed in the ap-
pendix. A determination, in the courts, of all the contro-
verted questions involved in these claims, could only be
effected by litigation indefinitely prolonged. It was ob-
viously desirable that a settlement should be effected, if any
reasonable concessions could bring the parties together.
The position of the Commonwealth, in relation to the amounts
directly accruing under the terms of the several contracts,
had been so liberally and temperately stated by the Board
in earlier negotiations, that the present Board found little
6 HARBOR AND LAND COMMISSIONERS. [Jan.
remaining, beyond minor corrections of areas and amounts,
resulting from modifications of lines, that could, with due
regard to the rights of the Commonwealth, be conceded.
The balance actually due to the Commonwealth under the
.contracts, exclusive of claims for interest and damages, was
$66,929.32. The claim for damages by reason of delay in
the prosecution of the stipulated reclamation of the flats
sold, seemed to us, as to our predecessors, to be a valid one ;
but, upon careful consideration, in the light of the instruc-
tions of the proper legal adviser of the Board, the amount
likely to be recovered seemed exceedingly problematical. It
was evident that large consequential damages, fairly assumed
to have resulted from such delay, would be excluded by the
rules of law applicable to such liability, and that what would
remain would be of va^ue and uncertain amount, and not
likely to be large. By practically waiving this indefinite
claim, the settlement reached has been effected. While the
Board are conscious that the concessions made have been
liberal, they believe the true interests of the Commonwealth
have been secured by the action taken.
Back Bay Lands.
FEET.
In 1857 the Commonwealth owned on the Back Bay, . 4,723,998
FEET.
Of which there have been donated, . . 363,308.00
Devoted to streets and passage-ways, . . 2,037,068.60
Sold as per last report, . . 2,221,027.80
Sold in 1882, . 14,425.60
2,235,453.40
Remaining for sale Dec. 31, 1882, . . 88,168.00
4,723,998
The gross proceeds of land sold as per last
report, $4,706,636 77
The gross proceeds of land sold in 1882, . 48,602 40
$4,755,239 17
Rights in Parker Street sold as per last
report, .2,300 00
$4,757,539 17
Cost of filling, grading, etc., as per last
report . . $1,626,008 71
Cost of auction sales as per last report, . 14,291 78
1,640,300 49
Net proceeds to Dec. 31, 1882, $3,117,238 68
. 10,752 ft.
. 3,237
, 12,320
. 17,808
. . . . 36,176
. 7,875
1883.] PUBLIC DOCUMENT — No. 11. 7
There have been sold in 1882 as follows : —
6,025.60 feet Marlborough Street, north side,
for $25,502 40
8,400 feet Newbury Street, south side, . 23,100 00
$48,602 40
The average price per foot obtained in 1882 was $3.3691,
the lowest price $2.75, and the highest price $4.50.
The sales have been much less than in 1881 ; but there
has been no decrease in prices, and the amount of land
remaining unsold is so small that no apprehension is felt
but that as good prices will be obtained for all that remains.
The land unsold is located as follows : —
Marlborough Street, north side, .
Commonwealth Avenue, south side,
Newbury Street, north side,
Newbury Street, south side,
Boylston Street, north side, .
Boylston Street, south side, .
88,168 ft.
The value of the remaining land cannot be less than
$200,000.
Tide Lands.
The amount received during the past year for the occupa-
tion of the land of the Commonwealth, under the licenses of
the Board authorizing wharf and other structures in tide-
water, is $11,733.15. The total amount received and paid
into the State treasury since the passage of the law directing
these assessments to be made, is $140,469.10.
Resurvey of Boston Inner Harbor.
During the past field season, the resurvey of the Inner
Harbor, commenced in 1878, has been resumed, and some
progress made, both in triangulation and topography, in ex-
tending it beyond the point of former limitation, at the pier
of the East Boston elevator, to Jeffries Point, and still
eastward to the Boston, Revere Beach & Lynn Railroad em-
bankments. The scale of this work is the same as that
adopted for the series of original maps, viz., ToVo#
Miscellaneous Surveys.
The field surveys of the Board have involved more than
8 HARBOR AND LAM) COMMISSIONERS. [Jan.
the average amount of yearly work. Besides the special sur-
veys of Charles River, and of Salt Pond in Falmouth,
described in detail elsewhere in this report, the work of the
Board has been substantially as follows :
In connection with the South Boston Flats reclamation,
accurate surveys have been made, with calculations and esti-
mates of areas and quantities, upon which the determination
of the amount of work done by the contractors has been
based. These surveys and determinations have been made
each month as the work progressed. In connection with
the same work, hydrographic surveys have been made in
the main harbor basin, and in Fort Point Channel, for testing
the areas and depths of the ground dredged.
A complete hydrographic survey has been made, on a
scale uniform with the harbor resurvey (yoVo)' of Fort Point
Channel from its mouth to Federal Street bridge. This
shows the improved condition of the channel effected by the
special dredging operations which have been done mainly
during the year, and also affords a basis for projecting
further contemplated improvements.
The improvements already made in Fort Point Channel,
below Congress Street bridge, consist in excavations by the
Boston Wharf Company of about 20,000 cubic yards, over
an area of about 30,000 square feet, making an average depth
of about 19 feet at mean low water. On the part of the
Commonwealth, the Board has excavated about 50,000 cubic
yards, over an area of about 150,000 square feet, making a
depth of 15 feet at mean low water. Above Congress Street
bridge, the Standard Sugar Refinery Company has made
excavations, in straightening and deepening the channel to
13 feet at mean low water, from Congress Street bridge to
its wharf.
Physical Survey of Charles River.
During the past year, the Board has been applied to by
some of the railroad companies wThose bridges cross the
channel of Charles River, for leave to occupy the water-
spaces between some of these bridges, from the harbor line
on the Boston side of the river out to the line of the present
drawway openings, with pile structures similar in construe-
1883.] PUBLIC DOCUMENT — No. 11. 9
tion to the present bridges ; and thus to acquire additional
yard-room for multiplying switches, for better access to
depots, and for other railroad uses.
While recognizing the importance of ample terminal facili-
ties to successful railroad management, the Board could not
but regard the appropriation of the deep natural channels
of the harbor to such purposes, as a very serious matter, —
particularly in connection with other projects, the suc-
cess of which must, more or less, depend upon the peculiar
treatment of the river ; such as the plans of the Cambridge
Improvement Company for providing better commercial
frontage on the Cambridge side of the river, between
Craigie and West Boston bridges ; the improvement of the
upper basin, contemplated in the scheme of the Park Com-
missioners ; and the important enterprise in connection with
ocean navigation, already undertaken by the Hoosac Tunnel
Docll: and Elevator Company, and requiring*all the physical
accessories and natural advantages possible. The proposi-
tion of the railroad companies is apparently not in harmony
with the best development of these last-named projects,
which are more truly in the line of harbor improvement.
The location and character of the numerous bridges which
encumber the mouth and throat of Charles River, have
always been considered as objectionable, and every well-de-
vised scheme of harbor improvement has pointed to the cor-
rection of these injurious structures, as a sine qua non to the
restoration of this channel to its fullest physical and com-
mercial capabilities. So familiar are the facts and argu-
ments bearing upon this subject, that it is mmecessaiy to
repeat them here. With the largest latitude in favor of
artificial methods of improvement, the peculiar configuration
of Boston Harbor, with its succession of straits and basins,
gives peculiar value to its natural tidal forces. The con-
stantly recurring change of ten feet in. the ocean level, and
the power of its influences, are elements of security on the
one hand, and of danger on the other, which no proper con-
sideration of the conservation of the harbor can io-nore.
It seemed to the Board that the possible or probable effects
of the proposed changes in the bridges and pier lines of
Charles River, involved the apparently conflicting interests
10 HAKBOR AND LAND COMMISSIONERS. [Jan.
of commerce, by land on the one hand, and by water on
the other, to such an extent that the petition of the railroad
companies ought not to be granted, or refused, except upon
the fullest knowledge of all the data which might aid in the
right solution of the problem. There had been no physical
survey of the Charles River for more than twenty years.
The Board deemed it necessary, therefore, to make a re-
examination and survey of this part of the harbor, in order to
ascertain, if possible, by its results, how, and how much, if
any, the water-space of the Charles River maybe encroached
upon by solid or pile structures, without injury to the present
facilities of navigation. The peculiar configuration of Boston
Harbor, as before remarked, and the pressure of the large tide
into its arms and reservoirs, make it manifest that these facili-
ties may be impaired by reducing the width and depth of
channels ; by augmenting the rush of water through the
bridge-draws, which are the only means of access to the
upper basins ; or by producing unequal scour, and thereby
creating excessive excavations in one place and obstructive
shoaling in another.
One of the questions that has continually presented itself
during the past twenty years, is this : Do piles, driven in
rows across a channel, cause excavations between them,
and, if so, is the material, thus excavated, deposited above
or below the piling, to the injury of the channel, or to the
injury of the discharge section, or to the deflection of the
current? An important inducement to the proposed survey,
was the obtaining of light on this and similar questions, by
a comparison of the results of a new survey with those of
the physical survey made in 1861, by Prof. Henry Mitchell
of the Coast Survey, also one of the members of the United
States Commission and Advisory Council for Boston Harbor.
In ordering the work of the present survey, the Board has
received most valuable counsel and advice from Prof.
Mitchell as to the methods and details of the work, in
order that the observations made might coincide in character
and location with those of the former survey, thus making
the results a true indication of the changes which have
taken place. The present survey has been executed with
the greatest care and accuracy, and every practicable means
1883.] PUBLIC DOCUMENT— No. 11. 11
adopted to insure the best physical results. We quote
largely from the sub-report of our engineers in giving the
items and particulars which it is most desirable to state.
The Map appended to this report is also especially to be re-
ferred to, as exhibiting in a very full and satisfactory manner
the results in detail.
The survey was made during August, September, and
October, 1882. The area surveyed comprises that part of
Charles River lying between its mouth, at the point of the
United States Navy Yard, where it joins the waters of the
Mystic River, and the West Boston bridge, where a natural
bar separates the lower basin from the one above. The
hydrographic survey was based upon the topographical
survey of the upper harbor, made in 1878, and such
changes in the lines of wharves and bridges as have taken
place since that date, have been resurveyed. The same
scale was adopted for the appended hydrographical map,
as that of the topographical harbor survey, above referred
to, viz., -foVo' which allows the greater part of the sound-
ings taken to be plotted. The number of soundings taken
was 12,815, and the position of each sounding has
been accurately determined by instrumental observation and
other approved methods. The soundings are referred to the
plane of mean low tide (or 5.4 feet), on the standard tide-
staff of the Coast Survey at the United States Navy Yard,
equal to 14.7 feet below the coping of the dry dock.
Observations for slope of river were made simultane-
ously at fourteen different stations. Tide-staves were
placed and referred to the standard tide- staff at the
Navy Yard, at each of these stations, as follows : one
above West Boston bridge ; three above Craigie bridge ;
one below Craigie bridge ; three below Lowell R. R.
freight bridge ; three above Lowell and Eastern R. R.
bridge, and three below Charles River bridge. A whole
tide, from one low-water through high-water to the fol-
lowing low-water, was observed on a tide of mean rise
and fall. The results of these observations have been
tabulated, and transverse curves of surface, at the several
bridges, have been plotted. All observations have been
tabulated and reduced to mean range of tide, equal to 9.8
12 HAKBOR AND LAND COMMISSIONERS. [Jan.
feet, and plotted in plan and profile. From the transverse
curves for each bridge, the curves of greatest velocity give
the velocities which are represented by arrows on the plan.
These arrows, therefore, show simultaneous velocities and
corresponding directions, over the whole area observed, of
the swiftest current on a tide of mean rise and fall.
Under Charles River bridge were found the remains of
three old bridge piers of crib-work and stone, one of them
being dry at low tide, and the other two in 26 feet of water.
The piles supporting the bridges were counted and located
on the mnp, and the direction of the bays in relation to the
current indicated. The number of piles, as counted in the
respective bridges, between the embankment walls, and
between the harbor lines, is given in the folio wins: table : —
Number of Piles.
NAME OF BEIDGE.
Between embankment
walls.
Between harbor lines.
Charles River and adjoining
wharves, ....
Warren,
Fitchburg R. R.,
Boston & Maine R. R.,
Eastern and Lowell R. R.,
Lowell R. R. freight,
Craigie
2,030
1,820
8,420
4,400
4,870
2,617
1,700
1,000
1,120
2,700
3,200
4,340
2,267
1,645
Total, ....
25,657
16,272
The gross amount in area of piling, between the pier lines
on either side of Charles River, of the group of bridges from
Charles River to West Boston bridge, inclusive, is about
forty-one acres.
The maximum slope is shown to occur between the Lowell
and Eastern R. R. bridge and Charles River bridge, where,
in a length of 1,700 feet, a fall of 0.7 feet was observed on
the maximum strength of the tide, equal to a degree of slope
of 2 17 feet per mile.
1883.]
PUBLIC DOCUMENT — No. 11.
13
It is noticeable that the greatest velocity maintains itself
very nearly during two current hours (the fourth and fifth),
both on the ebb and the flood tides.
The deepest place in the channel is directly above the
Lowell and Eastern R. R. bridge, which has 30.6 feet at
mean low water. From this point upward, the 23-feet
channel trends towards the Cambridge shore, ending about
900 feet above Craigie bridge, and then gradually decreasing
in depth to 10.2 feet over the " bar" at West Boston bridge.
The navigable channel through the several draws has the
following depths at mean low water and at mean high
water : —
DEPTHS OF CHANNEL AT DRAWS.
At M. L. w.
FEET.
At M. H. W.
FEET.
At Charles River bridge draw, ....
26.0
35.8
Warren bridge draw,
14.3
24.1
Fitchburg R 11 bridge draw, ....
22.7
32.5
Boston & Maine R. R. bridge draw, .
21.2
31.0
Lowell and Eastern R. R. bridge draw, .
18.5
28.3
Lowell R. R. freight bridge draw,
26.2
36.0
Craigie bridge draw,
- 24.3
34.1
West Boston bridge draw, ....
8.2
18.0
A comparison of the results of the two surveys of 1861
and of 1882, shows the changes which have taken place
during the time involved (21 years) ; and the following
table gives the amount, in quantities and depths, of these
changes in the bed of the river in the various sections of the
area examined and compared.
14 HAEBOR AND LAND COMMISSIONERS. [Jan,
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1883.] PUBLIC DOCUMENT — No. 11. 15
The deepening which has occurred is mainly confined to
the basin above Craigie bridge, where the Boston side of the
channel has been scoured deeper, and the Cambridge side has
shoaled ; the excess of shoaling being 85,408 cubic yards,
over an area of about 80 acres. In the general channel the
shoaling is greater than on the flats on either side of it. In
one place in the channel, above the Lowell and Eastern
railroad bridge, the shoaling is 7.7 feet. The greatest
average shoaling, 4.37 feet, is in the basin between the
Lowell and Eastern and the Lowell freight bridges, where
the river meets the greatest number of pile obstructions.
The amount of shoaling found to have taken place in the
bed of the channel, is a surprise to most of those who have
speculated upon the probabilities, and is greater than Prof.
Mitchell expected to find it. It would be logical to sup-
pose that the piling, by narrowing up the section, would
increase the velocity between the piles, and create a scouring
force that might undermine the bridge structures. A
comparison of the results of the two surveys proves a reverse
action.
Our engineers submit the following conclusions :—
" That the shoaling is due to obstructions caused by the piles is not to
be doubted. They act as so many gratings through which the water
has to be filtered, creating an artificial slope without the corresponding
velocity ; for, to a slope of 0.7 feet in 1,700 feet, or 2.17 feet of slope per
mile, would belong a corresponding velocity of 8.9 feet per second, or
five and three-tenths miles per hour, in the narrowest section if unob-
structed ; whereas, we find, by observation, a velocity of only sixty-five
hundredths of one mile. With a free section, a slope of 0.0098, or three
hundredths of one foot per mile, would be sufficient to produce the velocity
observed.
" The surplus ' head ' created by the pile obstructions, is evidently
used up in destroying the vis viva of the water, stopping its momen-
tum, and allowing the sediment carried in it to drop and be deposited
upon the bottom. It is therefore to be concluded that, so long as the
pile structures remain in their present order and condition, the shoaling
will continue in the same ratio as is found to exist between 186 1 and
1882.
" Another effect of the piling is to distort the tidal wave, increasing
the axial dela}^, and extending the maximum velocity over a greater
space of time, thereby preventing the proper reinforcement of the
Mystic River tides by those of the Charles River and its basins."
16 HARBOR AND LAND COMMISSIONERS. [Jan.
We have thus presented to our consideration an apparently
paradoxical phenomenon. We find the river water piled up
to an unnatural head, but without a corresponding movement
to equalize its level ; and, instead of increased velocity
through the draw ways, tending to cause excavation and to
undermine the bridges, we rind the water toiling slowly
through the almost impenetrable forest of piles. The draw-
way openings, which might be expected to give some relief,
are found to be inadequate to that purpose, and probably
too narrow in proportion to the width of the river ;
and the water-spaces between the bridges allow the slope
created within each draw way opening to diffuse itself,
laterally, in each recurring water-space between the bridges,
so that, instead of a continuous flowr, particularly through the
alignment of draws from the Lowell Railroad passenger
bridge to the Warren bridge, the water forces its way by a
succession of abrupt falls as it passes through each bridge,
and then loses its headway.
We also find a large reduction in the depth of channel,
and a markedly injurious effect upon the discharge section.
It may be said that the shoaling which has taken place
has not yet reached a point injurious to navigation. P>ut it
must be borne in mind that the work of shoaling o-oino; on is
in the very deepest portion of the harbor, and, although it
may take time to do practical injury, the action in that elirec-
tion is steadily progressing. There are unknown elements,
particularly in the phenomena of tidal action, the results of
which it is difficult to predict. There are instances where
the same class of forces as those at work here, viz., a
tendency to shoal on the one hand, and an opposing force
tending to maintain a channel-way on the other, have
remained in equilibrium until some perhaps trifling pre-
dominance of shoaling power has so suddenly increased that
action, that harbors and inlets have been destroyed in short
spaces of time.
It is not practicable to discuss at length, in this report,
the technical questions involved in the case before us.
The manuscript map of the survey, with all the data of the
observations, are in the archives of the Board for reference
and examination. The reduced copy of the manuscript map
1883.] PUBLIC DOCUMENT — No. 11. 17
appended to the report, gives a better illustration of
the main features of the river than can be conveyed in a
written description. By examining this map, it will be
seen how the obstruction of the river will be aggravated
by the proposed encroachments.
The filling of the water-spaces between the bridges, from
the present pier line on the Boston side out to the line of the
draw way openings, virtually extends the Boston frontage to
the draw line ; for, although the occupation of but one water-
space is at present asked for (that between the Boston &
Maine and the Eastern railroad bridges), if it be granted,
there is no logic in refusing to allow the spaces between the
other bridges to be similarly occupied.
The Board, therefore, is met by the grave and important
question, whether it is wise and safe, notwithstanding the
terminal advantages accruing to the railroads from the
scheme proposed, to advance the pier line into the middle
of the channel of Charles River. To do so would clearly
be not only to violate all the traditions and teachings of
scientific research, and to thwart the beneficial purpose and
result of the establishment of harbor lines, but, as already
intimated, possibly, and even probably, to conflict with or
defeat other schemes of harbor conservation and improve-
ment.
By examining the appended map, it will be seen that the
23-feet channel, at the very point where the encroachments
are proposed, is entirely on the southerly side of the rail-
road draws, and between them and the Boston pier line.
Filling the water-space in question will obstruct the whole
of the 23-feet channel, even to the summit of the abrupt
bank on its northern side, and fill the entire channel section
with a dense pile structure.
We would also call attention to the peculiar formation and
trend of the northerly bank of this 23-feet channel in its
course from the Lowell Railroad freight bridge to the Warren
bridge. No borings have been made to ascertain the character
of the material of this bank, so to call it, but it gives evidence,
by resisting the current forces from the upper basins, and
deflecting them so markedly, of being firm and hard, and
may be of antecedent formation. It is not the less impor-
18 HARBOR AND LAND COMMISSIONERS. [Jan.
tant to regard its influence in defining and maintaining the
channel where it now is.
Whatever may be said, also, of the effect of the pile
structures, they have hitherto exerted a uniform influence by
their uniform position across the whole section of the stream.
The question, therefore, naturally arises, What will be the
consequences to the channel and the harbor if pile obstruc-
tions are increased one hundred per centum in one half of
the river-bed, while the other half is left unchanged?
In view of the facts presented, and after careful considera-
tion of the interests and dangers involved, the Board does not
feel justified in authorizing the further occupation of the
water-spaces in the manner proposed.
Merrimac River.
In accordance with chap. 23 of the Resolves of 1881,
the Board made an examination, and submitted a statement
in its last annual report, of the condition of the draws in
the bridges crossing the Merrimac River below Haverhill,
with a view to the improvement of the navigation of the
river. Very satisfactory work has been done during the
past year in carrying out the recommendations of the
Board. By the courtesy of Mr. Charles A. Putnam, of
Salem, the engineer who has had charge of the work in
question, the Board is able to report the following par-
ticulars.
In consequence of defects in one of the spans of the
Groveland bridge, the county commissioners determined to
rebuild the entire superstructure, and, in place of the old style
of leaf-draw, to remove one of the old clraw-piers, and build a
new circular stone pier for a pivot-draw, with a wooden fen-
der pier. This work was done by Messrs. Ross & Parker,
and a wrought-iron riveted bridge structure, built by the
Boston Bridge Company, was erected, — the entire work
costing about $73,000.
The work on the Deer Island bridge, in Salisbury, is now
progressing rapidly, and will probably be finished in March.
The stone work of the piers and abutments, and the timber
work of the draw-piers, and the removal of the present old
bridge, which is to remain until the new bridge is open for
1883.] PUBLIC DOCUMENT — No. 11. 19
travel, were awarded to, and are being done by Messrs. Ross,
Greely & Blaisdell. The bridge proper is a wrought-iron
riveted structure, built by the Boston Bridge Company. The
new draw is a circular pivot-draw, with clear openings on
either side of the central pier of 56 feet at the low-water line.
The length of the bridge between abutments is 397J feet.
The cost of the work is $92,000.
The proposed work at Rocks Bridge, between Haverhill
and West Newbury, will include the removal of the present
draw and the first main span south of it, and also of the pres-
ent southerly pier of the old draw, and the building in place
thereof of a new circular stone pier and a stone side pier.
The drawway openings on either side of the central pier will
be 56 feet in the clear at the low- water line. The entire
length of this new structure will be about 219 feet. The stone
work, dredging and timber work have been awarded to Mr.
Joseph Ross, and the bridge, which is to be a wrought-iron
riveted structure, to the Boston Bridge Company. The
entire cost of the work will be about $41,000.
The Eastern Railroad Company has completed the new
timber fender draw-pier at its bridge at Newburyport, the
entire cost being about $10,000.
These bridge improvements will greatly facilitate the nav-
igation of the Merrimac. Through the wise foresight of
Mayor Howe of Haverhill, a careful study of the frontage of
that city upon the river has also been made, and, at his
instance, a careful survey and plan prepared, as the basis
for the alignment of future wharf structures.
The work done in this river by the general government, has
been in charge of General George Thom, U. S. Engineers, and
the appropriation of $9,000, made August 2, 1882, has been
expended in improving the channel by dredging, and remov-
ing dangerous sunken rocks at the Lower Falls above Haver-
hill, and at Rocks Bridge below that city. The ledge near
the outlet of Newburyport harbor, known as South Badger
ledge, has also been broken up and removed to a depth of
9 J feet at mean low water.
20 HARBOR AND LAND COMMISSIONERS. [Jan.
Artificial Harbors.
Salt Pond in Falmouth.
A petition was presented to the Board by citizens of the
town of Falmouth, mainly those residing near the seashore
south of the main village, for authority to open the beach,
and to make an artificial channel connecting the waters
of the Vineyard Sound with those of Salt Pond, in Fal-
mouth, with a view to making the latter a harbor of refuge
such as the depth and area of the pond might afford.
The proposed undertaking involved the probabilities of the
success of an interesting and useful project, with results not
only of local but of general value, inasmuch as the pond in
question, by reason of its proximity and relations to the
beach and ocean waters beyond, was a type of others along
the shores of the Commonwealth, the improvement and utili-
zation, of which would be a public benefit.
The Board had not sufficient data on which to base an
intelligent judgment regarding the feasibility of this project.
It was deemed expedient, therefore, to make a survey of Salt
Pond, and of its surroundings and physical relations to the
outside waters of the Sound, in order to ascertain how far the
project of making it an artificial harbor might be practicable.
The result of such tidal observations as it was practi-
cable to make, determined the surface of the pond, in its
present state, to be somewhat above the mean high-water
plane of the Sound ; and the tidal volume, through the
present small and imperfect inlet, to be so inconsiderable as to
affect but slightly the rise and fall of the water in the pond.
An opening through the beach, of sufficient depth and
width to answer the purposes of a navigable channel, would,
of course, change the regimen of the pond, so that the full
rise and fall of the tides without would be maintained within
it. This tidal action would have two physical effects ; one, to
create possible scour and disturbance of the bottom, partic-
ularly through the excavated channel, and where it debouches
upon the Sound ; and the other, to change the character of the
margin of the pond from its present uniform condition to
a " strand," with exposed flats between the high and low
water lines.
1883.] PUBLIC DOCUMENT — No. 11. 21
Owing to the purity of the water of the Sound, and the
sandy nature of the shore of the pond, there seems to be no
cause for apprehending unpleasant or injurious effects from
any changes which might occur.
It is more difficult to predict the consequences of the tidal
currents through the proposed opening ; but the only impor-
tant question, in this connection, is their probable effect upon
the permanency of the opening. To maintain an opening, it
would undoubtedly be necessary to secure the sides of the
excavated channel.
The outside protection to the opening is a matter of still
greater importance, and more uncertainty. The Board is
not possessed of sufficient data to enable it to prescribe ad-
visedly in regard to it. The small stone pier and dock,
near the site of the proposed opening, have withstood the
wave and current action upon this shore for about sixty
years, with but slight, if any, change in the entrance or
depth of water inside the dock. But this structure has not
created the tidal disturbance, nor produced the local current,
likely to occur in the tidal inflow and outflow of Salt Pond.
With the slight rise and fall of the tides, and the small
reservoir capacity of the pond, the currents might not have
sufficient power to injuriously affect the opening. The
element of greatest danger and most uncertainty would be
the sea-dash upon the shore. What effect this might have,
and how violent it might be, cannot be determined without
further observation.
Considering all the conditions and contingencies involved,
the Board feels justified in recommending the project as a
feasible one.
With regard to the utility of such a work, it can certainly
be classed as a valuable coast improvement. It would create
a harbor of refuge upon an exposed shore ; and, although the
entrance would be limited, the shelter within would be se-
cure. The depth of water contemplated and practicable, —
six or eight feet at mean low tide, — would admit vessels of
considerable size and in considerable numbers ; and the pro-
ject, if successful, would have an importance beyond its
local utility, by suggesting similar works in other localities,
where the results might be of equal and even greater value.
22 HARBOR AND LAND COMMISSIONERS. [Jan.
The area of the pond, in its present natural state, is 61.4
acres ; its anchorage area, inside the line of six feet depth
at mean low water, would be 24.3 acres ; and, inside the
line of eight feet depth, 20 acres.
A map of the pond and beach, showing in detail the re-
sults of the survey made by the engineers of the Board, is
on file in this office for reference and examination.
Boundaky Lines between Cities and Towns Bordering
upon the Sea.
The Board has continued, during the last year, the work
devolved upon it by chap. 196 of the Acts of 1881, of
locating and defining the boundary lines between cities and
towns bordering upon the sea, from high-water mark out-
ward to the line of the Commonwealth.
The preliminary step of locating and defining the line
which bounds the territorial limits of the Commonwealth,
extending " one marine league from its seashore at low-
water mark," had been taken the preceding year ; and the
line of the Commonwealth, so established, was fully de-
scribed, by metes, courses and bounds, in the last annual
report. In extending the boundary lines of cities and towns
out to this exterior line of the Commonwealth, it has been
found necessary for the Board, or its engineers, to visit the
points where the lines of land division, already established
between the several cities and towns, terminate upon the
shore ; and a description and sketch of the monument or
bound by which each of these points is marked, has been
taken. Most of the localities where the terminal point is
at the mouth of a river or inlet, have also been examined. }
During the summer, the Board appointed meetings with
the mayor and aldermen of the city of New Bedford, and
with the selectmen of the towns of Westport, Dartmouth,
Fairhaven, Mattapoisett, Marion, Wareham, Falmouth, Gos-
nold, Gay Head, Chilmark, Tisbury, Eclgartown and Nan-
tucket, respectively, and held conferences with them in
regard to their several boundary lines ; and is under obliga-
tion to these gentlemen for valuable information and assist-
ance.
So far as practicable, the Board has endeavored to adopt
1883.] PUBLIC DOCUMENT — No. 11. 23
and carry out a uniform sj^tem in locating the division lines
of water jurisdiction, based, upon mathematical principles,
and upon geographical and physical conditions ; and has thus
been able to avoid, in great measure, the necessity of decid-
ing controverted facts, and the pressure of local feeling and
interest. In most cases, the departure or bearing of the
boundary line has been governed by the trend of the adja-
cent shores, or the relation of the adjacent headlands.
Where the line has passed through bays, coves, sounds,
channels or straits, as in the case of the general dividing
line between the respective towns on either side of Buzzard's
Bay, Vineyard Sound, Muskeget Channel, Wood's Ho 11 and
Cohasset Narrows, the rule has been to determine the cen-
tral point in each successive water-space by measurements
from a number of headlands or points, surrounding or ad-
jacent to such water-space, sufficient to mathematically deter-
mine its position, and then to run the boundary line from
one such central point to another throughout the course of
the general line. A line so located and defined can be
mathematically reproduced by referring to the same plans
of the United States Coast Survey which the Board has
made its basis of projection, and of which a copy is to be
filed in the office of the Secretary of the Commonwealth, and
in the Registry of Deeds of the county in which the line
is situated, and also in the office of the Harbor and Land
Commissioners ; or by reference to any other accurately
executed map, or by direct bearings and measurements
from the points and headlands indicated on the plans of the
Board.
But few questions of disputed municipal jurisdiction have
arisen in the determination of the lines thus far located.
In the case of the boundary line between Edgartown and
Nantucket, the question arose as to how far the jurisdiction
over Muskeget and Gravel Islands, claimed by Edgartown,
might affect the j urisdiction over the waters adjacent to these
islands and to the respective towns. After careful consider-
ation, and in view of the peculiar geographical relations of
the respective territories, and as the more equitable solu-
tion of the question, the ruling of the Board has been, that
the boundary line of water between the towns of Edgar-
24 HARBOR AND LAND COMMISSIONERS. [Jan.
town and Nantucket, should run through the main Muskeget
Channel, and should be located and defined by means of,
and upon the basis of, measurements of the same character
from the headlands of Edgartc wn on the west side of the
Channel, and from those of Nantucket on the east side ; and
that the jurisdiction of Edgartown over the land of Muskeget
and Gravel Islands should not affect the jurisdiction of Nan-
tucket over the waters surrounding them.
In the case of the boundary line between the city of New
Bedford and the town of Fairhaven, the southerly end of
this line is established, by chap. 130 of the Acts of 1811,
at the " mouth of Acushnet River." After conference with
the representatives of the respective municipalities, and in
accordance with the construction adopted and acted upon by
them during a long series of years, the "mouth of Acush-
net River" was interpreted to mean the water-space be-
tween Fort Point on the easterly or Fairhaven side, and the
opposite shore of Clark's Point on the westerly or New
Bedford side. The system already described was followed
in determining the precise central point within this water-
space, from which to extend the boundary line of water
between the city and town in question, to the general division
line of Buzzard's Bay.
In like manner, the boundary line between the towns of
Marion and Wareham was located and denned at the central
point in the mouth of the Weweantic River, and extended from
this point to the general division line of Buzzard's Bay. The
same method was applied in other cases.
The boundary line which was the occasion of the most
controversy, and where the claims contested were of the
largest value and importance, was that between the towns of
Wareham and Sandwich. It would be impracticable to dis-
cuss at length in this report the points at issue. As in the
case of Edgartown and Nantucket, the difficulty arose from
the existence of islands lying within the water area to be
apportioned between the towns, — it being controverted, first,
to which town the islands belonged, and, that question being
settled, second, how far the islands should control or modify
the division of the water area. Hearings were had at Buz-
zard's Bay, and at the office of the Board, and counsel
1883.] PUBLIC DOCUMENT — No. 11. 25
heard in behalf of each town. Upon first consideration,
the Board located what was, to a certain extent, a com-
promise line ; and, in anticipation of the full completion of
its work, gave to each town a sketch illustrating such pro-
posed location. It is understood that the location so indi-
cated is not wholly satisfactory to either town, and is not
likely to be accepted as a final settlement of the boundary
question. Under these circumstances, upon further deliber-
ation, and after a fuller study of this and other similar cases,
the Board has felt obliged to reconsider its first action, and to
adopt a different method of division, which is, in its judg-
ment, the best and most equitable solution of the difficulties
involved in this class of cases.
The method referred to is that already stated in general
terms, namely : that when the water area to be divided lies
between two towns, it is to be apportioned to the towns by a
line drawn through its middle or central points ; that the
position of these points is to be determined by measure-
ments outward from the shores and headlands of the main-
lands of the respective towns ; and that islands lying within
this water area, and of inconsiderable size as compared with
the whole territorial area of the towns, are to be disregarded
in locating the line of water division, both in respect of their
geographical position and of the municipality to which they
belong.
In other words, the Board is charged with the duty of an
equitable division of the tide-water areas of the Common-
wealth between the several cities and towns, for purposes
of municipal jurisdiction, and for the enjoyment of the rights
and privileges which result therefrom. The Board has no
power to change the limits of their land jurisdiction. It
leaves these as it finds them. But there is no apparent reason
why one town may not have jurisdiction over an island
surrounded wholly or in part by waters which are within the
jurisdiction of another town. To hold that the land area of
a town extends, for purposes of water division, to the furthest
point of its remotest island, would require, in some cases,
the apportionment to such town, at the expense of another
town, of hundreds or thousands of acres of water for each
acre of island. The only equitable or practicable rule in
26 HARBOR AND LAND COMMISSIONERS. [Jan.
such cases, is to draw the line of water division where it
fairly belongs, taking all the other elements into account,
and leave the islands to drop where they may.
Between the towns of Provincetown and Truro some
complications existed, owing to the accretion of land upon
the East Harbor shore, and the consequent encroachment
of the land upon what was water when the original terminal
point of boundary was established. The action of the
Board has been to extend the boundary line as nearly in
conformity as possible to the original water-spaces, and to
connect it with a newly located terminal point at the present
shore line.
Beginning at the southerly extremity of the coast line of
the Commonwealth, the Board was met by the difficulty that
the first line in order, the westerly line of Westport, was
not only a town line, but also the boundary line between
the waters of the States of Massachusetts and Rhode Island,
which the Board had no authority to establish. It seemed
important, therefore, before proceeding with the boundary
lines between the towns, to provisionally locate and define a
line of boundary between the waters of the States, leaving
its legal establishment to the' legislative action of the States
respectively. In order that no misunderstanding or conflict-
ing action might occur, the Board submitted a description
of its location of the inter-state line to the Board of Harbor
Commissioners of Rhode Island, who not only fully con-
curred in what this Board had done, but took measures to
secure the legislative sanction of the latter State ; and an act
was passed by the Senate of Rhode Island " To establish the
boundary line between the waters of the State of Massachu-
setts and the State of Rhode Island and Providence Plan-
tations." This act was pending before the House when it
adjourned, so that it requires further action to become a
Rhode Island law. A draft of an act for concurrent legis-
lation on the part of Massachusetts, which is respectfully
submitted to the consideration of the legislature, is appended
to this report.
The Board does not understand that the act directing it
to locate and define the lines of water boundary, requires it
to report in detail to the legislature as a part of the legal
1883.] PUBLIC DOCUMENT — No. 11. 27
action necessary to establish them. But, as this work has
occupied a considerable part of its attention, and is of interest
to the seaboard municipalities, the Board submits (he fore-
going statement, and the following description of lines
already located, for the information of the legislature and
the public :
Boundary Line between Rhode Island and Massachusetts,
and between Little Compton and Westport.
The boundary line between the waters of the State of
Ehode Island and Providence Plantations and the State of
Massachusetts, which is also the boundary line between the
waters of the town of Little Compton in the former, and the
town of Westport in the latter State, is located and defined
as follows : Beginning at the south-western corner of the
territorial limits of the Commonwealth of Massachusetts,
at a point in latitude 41° 25' 5", longitude 71° 5' 28", and
distant one marine league from the shore line, which is
a line from the headland at Warren's Point in Ehode
Island to the headland at Gooseberry Neck in Massachu-
setts ; and thence running northerly to the point on the
shore at the southerly end of the State boundary line be-
tween Ehode Island and Massachusetts, as heretofore estab-
lished by law.
Boundary Line between Westport and Dartmouth.
The boundary line between the waters of the towns of
Westport and Dartmouth is located and defined as follows :
Beginning at the end of the boundary line as heretofore
established on the shore, and running south 34° 30' east
to the line of the Commonwealth.
Boundary Line between Dartmouth and New Bedford.
The boundary line between the waters of the town of
Dartmouth and the city of New Bedford is located and de-
fined as follows : Beginning at the end of the boundary line
as heretofore established on the shore, and running south-
easterly to a central point, marked 1 on plan, at the mouth
of Clark's Cove ; thence still south-easterly to a point,
marked 2 on plan, in a line drawn from Dumpling Eocks to
28 HARBOR AND LAND COMMISSIONERS. [Jan.
Sconticut Neck, and one-third of the distance of the length
of said line measuring from Dumpling Rocks; thence south
more easterly to a point, marked 3 on plan, in the general
division line between the towns on either side of Buzzard's
Bay, as said general division line has been located and de-
fined, and is shown on plan.
Boundary Line between New Bedford and Fairhaven.
The boundary line between the waters of the city of New
Bedford and the town of Fairhaven is located and defined
as follows : Beginning at the eud of the boundary line as
heretofore established at a central point, marked 1 on plan,
in the mouth of Acushnet River, and running south-easterly
to a central point, marked 2 on plan, in the head waters of
New Bedford harbor ; thence south-east more southerly to a
point, marked 3 on plan, in a line drawn from Dumpling
Rocks to Sconticut Neck, and one-third of the distance of
the length of said line from Sconticut Neck ; thence south-
east more easterly to a point, marked 4 on plan, in the
general division line of Buzzard's Bay, as hereinbefore
described.
Boundary Line between Fairhaven and Mattapoisett.
The boundary line between the waters of the towns of Fair-
haven and Mattapoisett is located and defined as follows :
Beginning at the end of the boundary line as heretofore
established on the shore, and running south-easterly to a
central point, marked 1 on plan, in the head waters of the
cove between Sconticut and Mattapoisett necks ; thence
south more easterly to a central point, marked 2 on plan,
in the mouth of the cove above named; thence east more
southerly to a point, marked 3 on plan, in the general divis-
ion line of Buzzard's Bay, as hereinbefore described.
Boundary Line between Mattapoisett and Marion.
The boundary line between the waters of the towns of
Mattapoisett and Marion is located and defined as follows :
Beginning at the end of the boundary line as heretofore
established on the shore, and running south-easterly to a
central point, marked 1 on plan, in the mouth of Aucoot
1883.] PUBLIC DOCUMENT — No. 11. 29
Cove ; thence east more southerly to a point, marked 2 on
plan, in the general division line of Buzzard's Bay, as herein-
before described.
Boundary Line between Marion and Wareham,.
The boundnry line between the waters of the towns of
Marion and Wareham is located and defined as follows :
Beginning at the end of the boundary line as heretofore es-
tablished at the junction of the Sippican and Weweantic
rivers, and running south-easterly, following the central line
of the said Weweantic River, to a central point, marked 1 on
plan, in the mouth of the said Weweantic River ; thence east-
erly to a central point, marked 2 on plan, in the inner part
of the water-space at the common mouth of the said Wewe-
antic and the Wareham rivers ; thence south-easterly to a
central point, marked 3 on plan, in the outer part of the
water-space aforesaid ; thence east more southerly to a central
point, marked VIII on plan, in the water-space at the head
of Buzzard's Bay, which central point is also the north-easterly
end of the general division line of Buzzard's Bay, as herein-
before described.
Boundary Line between Wareham and Sandivich.
The boundary line between the waters of the towns of
Wareham and Sandwich is located and defined as follows :
Beginning at the end of the boundary line as heretofore
established, at a central point, marked 1 on plan, in the
mouth of Red Brook, and running south-easterly to a central
point, marked 2 on plan, in the south-westerly corner of
Buttermilk Bay ; thence southerly, south-easterly, and south-
westerly, following the central line of Cohasset Narrows, to
a central point, marked 3 on plan, in the first enlarged water-
space below said Narrows ; thence southerly to a central
point, marked 4 on plan, in the next succeeding water-space ;
thence south-westerly to a central point, marked 5 on plan,
in the next succeeding water-space ; thence south-easterly to
a central point, marked 6 on plan, in the next succeeding
water-space ; thence south-westerly to a point, marked 7 on
plan, midway between the headlands on either side the water-
space ; thence still south-westerly to a central point,
30 HARBOR AND LAND COMMISSIONERS. [Jan.
marked 8 on plan, in the next succeeding water-space ;
thence south-easterly to a central point, marked 9 on plan,
in the next succeeding water-space ; thence southerly to a
central point, marked 10 on plan, in the next succeeding
water-space ; thence still southerly to a central point, marked
11 on plan, in the next succeeding water-space ; thence south-
westerly to a central point, marked 12 on plan, in the next
succeeding water-space ; thence still south-westerly to a cen-
tral point, marked VIII on plan, in the next succeeding
water-space, which is the water-space at the head of Buz-
zard's Bay, said central point being also the easterly end of
the general division line of Buzzard's Bay, as hereinbefore
described.
Boundary Line between Sandwich and Falmouth.
The boundary line between the waters of the towns of
Sandwich and Falmouth is located and defined as follows :
Beginning at the end of the boundary line as heretofore
established on the shore, and running north 88° 40' west, to
the general division line of Buzzard's Bay, as hereinbefore
described.
Boundary Line between Falmouth and Gosnold.
The boundary line between the waters of the towns of
Falmouth and Gosnold is located and defined as follows :
Beginning at a point equally distant, southerly, about seven-
twelfths of a mile, from each of the headlands forming the
southerly entrance to Wood's Holl, as shown on a sub-plan,
being the United States Coast Survey harbor chart of Wood's
Holl, which point is marked 1 on said sub-plan, and running
south 28° 30' east, to the general division line between the
towns on either side of Vineyard Sound, as said general
division line has been located and defined, and is shown on
plan. Again, beginning at the first named point, marked 1
on sub-plan, and running north-westerly to a central point,
marked 2 on sub-plan, in the southerly mouth of the passage-
way of Wood's Holl ; thence still north-westerly to a cen-
tral point, marked 3 on sub-plan, in the mouth of Great
Harbor ; thence westerly to a central point, marked 4
on sub-plan, in the passageway aforesaid ; thence still
1883.] PUBLIC DOCUMENT— No. 11. 31
westerly to a central point in said passageway, marked 5
on sub-plan ; thence north-westerly to a central point in
said passageway, marked 6 on sub-plan ; thence north-west-
erly to a central point in said passageway, marked 7 on sub-
plan ; thence northerly to a central point in the northerly
mouth of said passageway, marked 8 on sub-plan ; thence still
northerly to a point, marked 9 on sub-plan, equally distant
from the headlands forming the northerly entrance to Wood's
Holl ; thence north 53° 15' west, to the general division line
between the towns on either side of Buzzard's Bay, as here-
inbefore described.
Boundary Lines between Gay Head and Chilmark.
The boundary line between the waters of the towns of
Gay Head and Chilmark, on the Vineyard Sound side, is
located and defined as follows : Beginning at the end of the
boundary line as heretofore established at the mouth of Me-
namsha Creek, and running north 29° west to the general
division line of Vineyard Sound, as hereinbefore described.
The boundary line on the ocean side begins at the end of
the boundary line as heretofore established on the shore, and
runs south 47° 10' west to a point, marked 1 on plan, in the
line connecting the most westerly headlands of Gay Head and
No Man's Land ; thence due west to a point, marked 2 on
plan, in the line of the Commonwealth.
Boundary Lines between Chilmark and Tisbury.
The boundary line between the waters of the towns of
Chilmark and Tisbury, on the Vineyard Sound side, is located
and defined as follows : Be«;inninoc at the end of the bound-
ary line as heretofore established on the shore, and running
north 54° 30/ west to the general division line of Vineyard
Sound, as hereinbefore described.
The boundary line on the ocean side begins at the end of
the boundary line as heretofore established on the shore, and
runs south 5° east to the line of the Commonwealth.
Boundary Line between Tisbury and Edgartown.
The boundary line between the waters of the towns of
Tisbury and Edgartown is located and defined as follows :
32 HARBOE AND LAND COMMISSIONERS. [Jan.
Beginning at the end of the boundary line as heretofore
established on the shore, and running south 1° 40' east to
the line of the Commonwealth.
Boundary Line between Edgartown and Nantucket.
The boundary line between the waters of the towns of
Edsrartown and Nantucket is located and defined as follows :
Beginning at a point, marked M10 on plan, in the line of the
Commonwealth on the Nantucket Sound side, in latitude
41° 23' 15 ', longitude 70° 19' 15", and running south- westerly
to a point, marked 1 on plan, in latitude 41° 19' 23",
longitude 70° 22' 02" ; thence south 11° 30' west to the line
of the Commonwealth on the ocean side.
Boundary Line between Edgartown and Cottage City.
The boundary line between the waters of the towns of
Edgartown and Cottage City is located and defined as
follows : Beginning at the end of the boundary line as here-
tofore established at a central point in the inlet of Sengekon-
tacket Pond, and running north-easterly to a point, marked 1
on plan, equally distant from the headlands at East Chop,
Edgartown and Cape Poge ; thence east more northerly to a
point, marked 2 on plan, in the general division line of
Vineyard Sound, as hereinbefore described.
Boundary Line between Cottage City and Tisbury.
The boundary line between the waters of the towns of
Cottage City and Tisbury is located and defined as follows :
Beginning at the end of the boundary line as heretofore
established at and through the lagoon bridge, so called, and
running north 39° 30' west to a point, marked 1 on plan,
midway between the shores of Vineyard Haven harbor;
thence north-easterly to a central point in the mouth of said
harbor, marked 2 on plan ; thence east more northerly to a
point, marked 3 on plan, in the general division line of
Vineyard Sound, as hereinbefore described.
Boundary Line between Falmouth and Mashpee.
The boundary line between the waters of the towns of
Falmouth and Mashpee is located and defined as follows :
1883.] PUBLIC DOCUMENT — No. 11. 33
Beginning at the end of the boundary line as heretofore es-
tablished, at a central point in the mouth of the outlet of
Waquoit Bay, and running south 7° 15' east to the general
division line of Vineyard Sound, as hereinbefore described.
Boundary Line between Mashpee and Barnstable.
The boundary line between the waters of the towns of
Mashpee and Barnstable is located and defined as follows :
Beginning at the end of the boundary line as heretofore
established, at a central point in the mouth of the outlet of
Poponesset Bay, and running south 37° 45' east to the line
of the Commonwealth.
Boundary Lines between Barnstable and Yarmouth.
The boundary line between the waters of the towns of
Barnstable and Yarmouth, on the Nantucket Sound side, is
located and defined as follows : Beginning at the end of the
boundary line as heretofore established, and running south-
erly and westerly, following substantially the line of the
channel of Lewis Bay, to a central point, marked 1 on plan,
in the mouth of its outlet ; thence running south-westerly to
a central point, marked 2 on plan, in a line drawn from
Point Gammon to Hyannis Point ; thence running south
1° 15' west to the line of the Commonwealth.
The boundary line on the Massachusetts Bay side, begins
at the end of the boundary line as heretofore established, at
the central point in the mouth of Mill Creek, and runs north
11° 45' west to the line of the Commonwealth.
Boundary Lines between Yarmouth and Dennis.
The boundary line between the waters of the towns of
Yarmouth and Dennis, on the Nantucket Sound side, is lo-
cated and defined as follows : Beginning: at the end of the
boundary line as heretofore established, at a central point
in the mouth of Bass Eiver, and running south 15° east to
the line of the Commonwealth.
The boundary line on the Massachusetts Bay side, begins
at the end of the boundary line as heretofore established, at
the central point in the mouth of Bass Hole, and runs north
12° 30' west to the line of the Commonwealth.
34 HARBOR AND LAND COMMISSIONERS. [Jan.
Boundary Line between Dennis and Harwich.
The boundary line between the waters of the towns of
Dennis and Harwich is located and defined as follows :
Beginning at the end of the boundary line as heretofore
established on the shore, and running t south 11° 30' east
to the line of the Commonwealth.
Boundary Line, between Harwich and Chatham.
The boundary line between the waters of the towns of
Harwich and Chatham is located and defined as follows :
Beginning at the end of the boundary line as heretofore,
established on the shore, and running south 27° west to the.
line of the Commonwealth.
Boundary Line between Chatham and Orleans.
The boundary line between the waters of the towns of
Chatham and Orleans is located and defined as follows :
Beginning at the tend of the boundary line as heretofore
established on the shore, and running south 85° 15' east to
the line of the Commonwealth.
Boundary Lines between Orleans and Eastha?n.
: The boundary line between the waters of the towns of
Orleans and Eastham, on the ocean side, is located and de-
fined as follows : Beginning at the end of the boundary line
as heretofore established on the shore, and running north
82° east to the line of the Commonwealth.
The boundary line on the Massachusetts Bay side, begins
at the central point in the mouth of Rock Creek, and runs
north 68° 30' west to the line of the Commonwealth.
Boundary Lines between Eastham and Wellfleet.
The boundary line between the waters of the towns of
Eastham and Wellfleet, on the ocean side, is located and de-
fined as follows : Beginning at the end of the boundary line
as heretofore established on the shore, and running north
75° 30' east to the line of the Commonwealth.
The boundary line on the Massachusetts Bay side, begins
at the central point in the mouth of Hatch's Creek, and runs
south 79° 25' west to the line of the Commonwealth.
1883.] PUBLIC DOCUMENT — No. 11. 35
Boundary Lines between Wellfleet and Truro.
The boundary line between the waters of the towns of
Wellfleet and Truro, on the ocean side, is located and de-
fined as follows : Beginning at the end of the boundary line
as heretofore established on the shore, and running north
64° 30' east to the line of the Commonwealth.
The boundary line on the Massachusetts Bay side, begins
at the end of the boundary line as heretofore established on
the shore, and runs south 74° 30' west to the line of the
Commonwealth.
Boundary Lines between Truro and Provincetown.
The boundary line between the waters of the towns of
Truro and Provincetown, on the ocean side, is located and
defined as follows : Beginning at the end of the boundary line
as heretofore established on the shore, and running north 13°
45' east to the line of the Commonwealth.
The boundary line on the Massachusetts Bay side, begins
at the end of the boundary line as heretofore established, at
a stone post standing on the shore of East Harbor as the
same was at the time said line was established, and runs
south-easterly, in the course of said boundary line extended,
a distance of 730 feet to a point, marked 1 on a sub-plan,
being the United States Coast Survey harbor chart of
Provincetown harbor ; thence south-westerly to a point in the
centre of the State dike, marked 2 on sub-plan ; thence
south 1° west a distance of 5| statute miles to a point
marked 3 on sub-plan : thence south 62° 40' west to the line
of the Commonwealth.
Boundary Line between Orleans and Brewster,
The boundary line between the waters of the towns of
Orleans and Brewster is located and defined as follows : Be-
ginning at the end of the boundary line as heretofore estab-
lished, at the central point in the mouth of Skaget Creek,
and running north 62° 45' west to the line of the Common-
wealth.
36 HAEBOR AND LAND COMMISSIONERS. [Jan.
Boundary Line between Brewster and Dennis.
The boundary line between the waters of Iho towns of
Brewster and Dennis is located and defined as follows : Be-
ginning at the end of the boundary line as heretofore estab-
lished, at the central point in the mouth of Quivett Creek,
and running north 22° 30' west to the line of the Common-
wealth.
Boundary Line between Barnstable and Sandwich.
The boundary line between the waters of the towns of
Barnstable and Sandwich is located and defined as follows :
Beginning at the end of the boundary line as heretofore
established on the shore, and running north 3° 30' east to
the line of the Commonwealth.
Boundary Line between Sandwich and Plymouth.
The boundary line between the waters of the towns of
Sandwich and Plymouth is located and defined as follows :
Beginning at the end of the boundary line as heretofore
established on the shore, and running north 77° east to the
line of the Commonwealth.
Harbor Improvements by the General Government,
Boston Harbor.
In reporting upon the work done by the general govern-*
ment in the several harbors and waters of the Common-
wealth, the Board regrets having to announce the loss of the
services of two of the older and more distinguished officers
of the United States Engineer Corps, who have long had
charge of this work, and to whose personal knowledge, ex-
perience and interest much of its success has been due. The
prompt and courteous attention with which they have uni-
formly responded to the requests of the Board for informa-
tion and advice in matters relating to its work, has given
additional value to the assistance rendered.
The death of Lieut. Col. G. K. Warren, Corps of Engi-
neers, Brev. Maj. Gen. United States Army, occurred at
Newport, R. L, his headquarters, on the 8th of August,
1882.
1883.] PUBLIC DOCUMENT — No. 11. 37
The contemplated retirement from active service of Lieut.
Col. George Thorn, Corps of Engineers, Brev. Brig. Gen.
United States Army, will probably take place in February,
1883.
The public is not generally aware of the importance and
magnitude of the works entrusted to the officers of the
United States Engineers, of the accuracy of the examina-
tions made, and of the care and thoroughness required in the
execution of the work which enables a great ship to pass
freely and safely over bars and ledges which were not only
barriers to the entrance of our ports and harbors, but the
hidden sources of danger and destruction.
During the last year, between the 20th of April and the
4th of December, 65,327 cubic yards of material have been
removed from the " Anchorage Shoal" in the main basin of
Boston Harbor, and the main ship channel has been thereby
opened to a depth of 23 feet at mean low water, for an
aggregate width of 1,000 feet at its easterly end, increasing
to a width of 1,500 feet at its westerly end.
Repairs have been completed on the sea-walls of Gallop's
Island, and of the north head of Long Island, and those on
the sea-wall of Lovell's Island have been nearly finished.
In addition to, and in completion of, the work executed in
1881, the Mystic River has been improved by the dredg-
ing of an aggregate of 82,000 cubic yards, whereby the
channel has been opened to a depth of 23 feet at mean low
water, for a length of 2,930 feet, with a least width of 375
feet, and a greatest width of 435 feet.
No work has been done in the Charles River during the
past year. There is now available, including the amount
($67,500) appropriated by the River and Harbor Bill of
August, 1882, a total of $97,000 for the further improvement
of this river.
In addition to the work reported last year, the width of
Nantasket Beach Channel has been increased from 70 to 100
feet, and the sunken ledges near the mouth of Weir River
broken up and removed, leaving a depth of 9 J- feet at mean
low water.
By the River and Harbor Bill of August, 1882, the sum
of $96,500 was appropriated for the improvement of Boston
38 HARBOR AND LAND COMMISSIONERS. [Jan.
Harbor, $67,500 of which was for the improvement of
Charles River, as above stated, leaving $29,000 to be applied
to other works. Of this last amount about $8,500 has been
expended in the repairs of the sea-walls of the islands,
before mentioned, and the remainder is to be applied next
season to the repairs of the sea-walls of Great Brewster,
Deer, Rainsford and Lovell's islands, and to the widening
of the main ship channel at the western end of the Upper
Middle Bar, in order to afford a more direct sailing course
to vessels passing through the Anchorage Shoal Channel.
For completing the repairs on the sea-walls of the islands,
and for all the other work hitherto projected for the improve-
ment of this harbor, the sum of $30,000 was asked in the
last annual report of Gen. Thorn to the Chief of Engineers.
The provision made by this Board during the past year^
under a contract with the New England Dredging Company,
already referred to, for receiving and depositing upon the
South Boston flats all dredged material that might be
offered, has given increased facility and economy to the work
of the general government, as well as to that of the Common-
wealth in the reclamation of the flats.
By the River and Harbor Bill of August, 1882, $10,000
was appropriated for the improvement of Maiden River, a
tributary of the Mystic River. No work has yet been done
under this appropriation.
The total amount appropriated by the general govern-
ment for the improvement of the whole harbor, between
March 2, 1867, and August 2, 1882, reaches the large sum of
$1,602,500, which has been expended in protecting the head-
lands of the harbor, removing dangerous obstructions, mak-
ing an improved channel by which the largest ocean steamers
have access to the inner port, and in deepening and enlarging
the anchorage and navigable area of the inner basins.
JSFewburyport Harbor.
The revised estimate for the work of the general govern-
ment, in charge of Gen. George Thorn, of building the stone
jetties at the mouth of this harbor, is $465,000, instead of
$365,000, as reported last year. The appropriations already
made amount to $130,000. The northerly jetty is now built
out, to its full height and width, a distance of about 1,500
1883.] PUBLIC DOCUMENT — No. 11. 39
feet from Salisbury Beach, and rubble stone has been
deposited, for an additional distance of about 300 feet, along
the axis of the jetty. The appropriation made August 2,
1882,. $40,000, is to be applied to the commencement of the
southerly jetty at the northerly extremity of Plum Island,
and to the building of a dike across the outlet of the
" basin," in order to prevent the opening of a new channel
from the sea through the basin into the harbor.
Merrimac River.
The work of the general government in this river has
already been referred to in another part of our report.
Lynn Harbor.
A survey of this harbor was made by the general govern-
ment in 1881, with a view to its improvement, and a plan of
work to be done has been submitted to the Engineer Depart-
ment, the estimated cost of which is $270,000. By the
River and Harbor Bill of August, 1882, the sum of $60,000
was appropriated for this harbor.
In consequence, it is presumed, of the death of Gen.
Warren and the resignation of Gen. Thorn, a change has
been made .'by the Engineer Department in the assignment
of specific work, as well as in the personnel of the corps.
By the courtesy of Major Franklin Harwood, U. S. Engineer,
the Board has received a manuscript statement of the present
condition and proposed improvement of Scituate, Plymouth,
Provincetown, Hyannis and Wareham harbors, now under
his charge ; and also a printed copy of the report of work
done in the same harbors, under the direction of Gen. Thorn,
for the fiscal year ending June 30, 1882, in substance as
follows : —
Scituate Harbor.
The work done in this harbor, during the past year, has
been the placing of about 10,000 tons of rubble stone in the
breakwater, whereby its outer portion has been partially
built for a length of about 470 feet, and to a height of
about 3 feet above the plane of mean high water, with a
thickness of about 10 feet on the top, so as -to form a
partial protection to the harbor.
40 HARBOR AND LAND COMMISSIONERS. [Jan.
Plymouth Harbor.
Forty-four thousand nine hundred and sixty-nine cubic
yards of dredging have been done, in completion of the pro-
jected channel and basin in this harbor.
Gen. Thorn further reports that, —
" All the works projected for the protection and preservation of Long
Beach were completed in 1879. Some of these works (bulkheads and
jetties) were built of crib-work about fifteen years ago, but owing to
their exposed position at the outer end of the beach, and particularly
to the unusually severe storms that occurred in February and March
last, they have become much decayed and broken up, so much so that
the beach has been much abraded, and weakened to such an extent as
to render it liable to immediate destruction. The attention of the de-
partment was called to this matter in a special report, dated March 30,
1882, with a recommendation that Congress be requested to make an
appropriation of 1 14,000 for the purpose of extending the stone bulk-
head along the western shore of the beach for an additional distance of
•'1,000 feet, so as to protect in a more permanent manner this the weakest
part of the beach.
"With the unexpended funds available, 219^||§ tons of rubble stone
have been placed in the bulkhead during May and June, 1882 ; and it is
proposed to apply the appropriation for the fiscal year ending June 30,
1883, to the continuation of this work."
The later report and communication of Major Harwood to
the Board, concerning the harbors of Provincetown, Hyannis
and Wareham, with a further statement concerning Scituate
and Plymouth harbors, will be found in the Appendix.
Nantucket Harbor.
The government work on the southern const of the Com-
mon wealth, which includes this harbor, was in charge of the
late Gen. G. K. Warren, whose report, made June 30, 1882,
gives the following statement of the progress of the work up
to that date : —
At the date of the last annual report, the construction of the jetty,
und"r contract dated December 28, 188 0, was in progress.
During the fisc il year ending June 30, 1*82, the work has been in
progress under the same contract ; 8,134| tons were placed in the work,
which makes the total number of tons delivered 12,123^, and loaves
about 3,871 tons still to be furnished. The length of the jetty is about
1,050 feet.
1883.] PUBLIC DOCUMENT — No. 11. 41
During the year frequent surveys have been made to ascertain the
effect of the work, and in May, 1882, a full survey of the outer harbor
was made.
A comparison of the maps of these surveys shows a continuous
deposit of sand in the west angle formed by Ihe jetty and the shore.
The high-water line at the jetty has advanced 150 feet. On the east
side, in the early stages of the work, the sand was cut out, and in a
severe storm from the north, on October 5, a considerable inroad was
made on the shore immediately east of the work. To arrest this, short
spurs were built at right angles to the jetty from near the shore out for
150 feet; since the building of these the sand has been deposited and
the shore line advanced considerably, but not so much as on the west of
the jetty.
The depth of water has increased over a considerable area between
the jetty and the deep channel at Brant Point, while on the west side,
from the outer end toward the shore, the depth has decreased. The cur-
rent during ebb tide has increased, and it now flows northwestwardly
out past the jetty; it is on this line that the increase in depth is noted
Edgartown Harbor.
The subject of the re-opening of the south beach of Cotamy
Bay, and thus restoring the " south inlet" to Edgartown
Harbor, which existed for many years prior to 1869, has
been fully discussed by Gen. Warren, who has also given
a history of the work done, with this end in view, in 1873 ;
but his report is too voluminous to allow more than the fol-
lowing extracts, which refer to a proposed new opening at
the south-western corner of this bay : —
The opening that was made in 1873, was made at the western end of
the beach, under the belief that if it enlarged so as to become an inlet,
it would gradually move eastward, and close as the last one had done.
The western location thus promised a longer existence for the inlet.
The present location near the eastern end, would allow of but a com-
paratively short period, if the inlet formed and moved as the natural
ones had done. It is therefore proposed to hold it in position by means
of a jetty on the we^t side of the opening.
The width of the channel through the inside shoal, to allow the ves-
sels in use to beat, need not exceed 200 feet. This is the greatest width
of the existing channel. It will have to be widened in places, and con-
siderably deepened in other places by dredgiug, to make 4 feet at mean
low-water. To work the scows and tug, we shall have to make a depth
of 6 feet, for a width of (JO feet, at mean low-water.
It does not now appear that the width of tie beating channel need be
any greater than 2)0 feet for the permanence of an inlet.
The wider, however, we can make the opening in the beach, the better
42 HARBOR AND LAND COMMISSIONERS. [Jan.
the chances of its becoming an inlet, and a cut 300 feet wide, 6 feet deep
at mean low-water, is what is proposed, all to be done by dredging.
The place on the beach selected by the committee, is shown on the
map near the former opening of 1846. It will be so marked off that the
west side, or west chop (if it becomes an inlet), shall not be less than
500 feet from Chappaquiddick Island. This is the width of the narrowest
natural inlet described by Mr. Whiting. That one we know succumbed
in its battle with the waves and sands, but it sustained the contest
alone, and it is proposed in the future to aid it in resisting encroach-
ment in the best way we can.
Vineyard Haven Harbor.
By a resolution of Congress, passed January 24, 1882,
Gen. Warren was required to ascertain the condition of this
harbor, and whether any work is necessary for its protec-
tion.
In his report to the Chief of the United States Corps of
Engineers, Gen. Warren discusses various projects for
the improvement of this harbor, and gives the estimated
cost of different breakwaters, ranging from $1,250,000 to
$8,000,000.
In regard to the washing of the headlands of this important
harbor, Gen. Warren says : —
The wearing away of the headland of " East Chop,1' [found by the
Coast Survey, in 1871, to have been 75 feet in 15 years], is said to have
continued since that time. The people who live in the vicinity have
done a great deal to protect the bluff, and their efforts should undoubt-
edly be seconded by the general government. If the action is allowed
to go on, it will not be long before the lighthouse will have to be
removed.
To protect this headland will probably require that it be riprapped
to above the highest waves. As a preliminary, I submit the following
estimate : —
For. protecting 5,000 feet of bluff would probably require
40,000 tons of riprap, at $ 1.50 . . ... . . . $60,000
Wood's Holl Harbor.
No work has been actually done in the improvement of
this harbor during the last year; but surveys have been
made for a pier and breakwater, the estimated cost of which
is $52,775, The following letter from Professor Spencer F.
Baird, U. S. Commissioner of Fish and Fisheries, to General
Warren , U.-'S. A., presents in a- very full and interesting
1883.] PUBLIC DOCUMENT — No. 11. 43
manner the objects had in view in this work, and the value
of the improvements proposed :
United States Commission, Fish and Fisheries,
Washington, D. C, December 17, 1881.
Sir : — I have the honor to enclose herewith a memorandum in refer-
ence to the importance of the proposed pier and breakwater in the
Greater Harbor of Wood's Hoi I, Massachusetts, to the interests of navi-
gation in genera], and to those of the United States in particular.
Very respectfully, your obedient servant,
Spencer F. Baird,
Commissioner.
Maj. Gen. G. K. Warren, U. S. A.
[Memorandum. ~\
There are very few safe harbors, especially for vessels of over 10 feet
draught, on the south coast of New England between Newport and
Provincetown, the principal being Tarpaulin Cove on the island of Nau-
shon, Wood's Holl, Vineyard Haven, Edgartown, Nantucket, and Hyan-
nis, Provincetown being next in the series. Of these, the harbors of
Tarpaulin Cove and Vineyard Haven are available only during the
prevalence of certain winds, while those of Edgartown and of Nantucket
(the bar of which can only be crossed at high tide and by low-draught
vessels) are of insufficient depth, and very much out of the course of
vessels, The harbor of Hyannis is formed simply by a breakwater in
an open roadstead. In the range indicated, the Greater Harbor (as dis-
tinguished from a smaller) at Wood's Holl is by far the best, although
access to it is somewhat difficult, in consequence of a narrow entrance.
Here there is a depth of water ranging from 20 to 60 feet, which is
ample for vessels of any class. No danger need be apprehended,
except when heavy winds blow directly from the south, the quarter
whence cyclone storms are very apt to come. The construction, how-
ever, of a pier or breakwater along either one of two shoals, making
Out directly from the mainland, would convert this harbor into an abso-
lutely land-locked inclosure, under the shelter of which vessels might
lie safe from any conceivable storm.
The United States Fish Commission, besides carrying on with success
the reproduction of the shad, salmon, whitefish, and other useful fresh-
water fishes, has of late years been turning its attention to the multipli-
cation of the fishes of the sea, from which results of the greatest impor-
tance are expected. Experiments made with the cod, Spanish mackerel,
sea-bass, and striped bass have been entirely successful, and authorize
the assurance of success in the application of the same principles to
other species, such as the common mackerel, haddock, sheepshead, tau-
tog, weakfish, etc. The importance of arresting the very rapid diminu-
tion of these fish, and the still greater necessity of increasing their
abundance to the extent within the power of applied science, make the
selection of a station for carrying on this work on a large scale, a mat-
ter of greater moment. The requirements are a reasonably mild cli-
44 HARBOR AND LAND COMMISSIONERS. [Jan.
mate for the winter work, water perfectly pure and free from sewage,
the aeration of this water, and accommodations for keeping the live fish
for a certain time, with proper change of water and food during the
interval. All this is, of course, contingent upon the occurrence offish
in considerable numbers and in proximity to seines and pounds, by
which they may be taken alive and uninjured.
The method of procedure in the multiplication of these fish, is to catch
the parent fish before the eggs are entirely ripe, bring them to the
station in smacks or tow-cars, and transfer them to basins or floating:
cars, where they can be properly cared for. The eggs, when ripe, are
then removed by well-known processes of manipulation. Sometimes
weeks will elapse before the fish are ready to be " stripped," and, unless
they have natural surroundings, they will suffer by the detention. In
previous experiments of the United States Fish Commission, the fish
were kept in large floating boxes or cars. In their attempts to pass
through the gratings of these boxes, the fish were constantly receiving
injuries, while the inclemency of the winter, during which the work
was of necessity prosecuted, caused many to freeze to death before the
operation was perfected.
It is contemplated to so construct the pier in question at Wood's Holl,
that it shall inclose a number of subdivisions or basins, where the fish
can be kept until ready for use. The passage of the tides through the
openings between the mainland and the island of Naushon, causes an
agitation of the water, whereby it is brought to the site of the proposed
pier in a perfect foam, thus assuring the best possible conditions for the
fish. It is confidently believed that at such a station there will be an
opportunity to hatch out many hundreds of millions of eggs every year.
A portion of the young fish would be turned out into the adjacent
waters, and the remainder transferred by the vessels of the Fish Com-
mission to points further south, possibly even to the Carolinas.
So far as the United States Fish Commission is concerned, this pier
will also furnish a great desideratum in the Avav of a station at which its
vessels can be kept, or can resort, when engaged in the prosecution of
the practical investigations into the movements and abundance of the
useful food-fishes.
Congress has thought fit to make an appropriation to the commission
for the construction of a sea-going vessel of nearly 15 feet draught,
whose explorations shall aid in the solving of many practical problems ;
at present, however, there is no available wharf on the south coast of
New England (the best starting-point) to which this vessel can tie up
for the purpose of taking on board supplies, etc , or delivering them on
shore.
In addition to general service in the interest of commerce, an 1 of the
operations of the United States Fish Commission, this station will be avail-
able to other branches of the government service. It is particularly im-
portant for the Revenue Marine to enjoy the advantages afforded by
sueh a station, and these the Fish Commission would be most happy to
share with it. Four revenue cutters cruise on the south coast of JSTew
England, especially daring the winter, and have constant occasion to
1883.] PUBLIC DOCUMENT — No. 11. 45
refit and take in coal, water, and other supplies. At the same time they
require to be in close communication with the Treasury Department,
and with the custom houses of Boston, New Bedford, Newport, etc At
present, their coaling and supplying station is at Edgartown, on an
island, access to which is difficult and involves a delay of hours, espje-
ially in the winter season. No telegraph wires connect Etlgartown
with Boston, New Bedford, or Newport. If the principal station were
established at Wood's I loll, in consequence of this improvement, the
coal might be stored there; fresh water could be had directly at t lie
wharf, and all necessary telegraph facilities obtained in the depot of the
Old Colony Railroad, which is within a few hundred yards.
Other vessels of the government would likewise be benefited, espe-
cially those of the Light House Board. This board has a station in the
cs Little Harbor " at Wood's lloll, about half a mile from the proposed
pier, which, however, its boats of large draught cannot enter, such ves-
sels as the Fern, for instance, being obliged to anchor outside the har-
bor, instead of proceeding directly to the wharf to discharge or receive
supplies of oil, etc.
46 HARBOR AND LAND COMMISSIONERS. [Jan.
Plans approved and Licenses granted, during the year
i882, for the Erection of Structures in and over
Tide Water.
Nos.
651. Trustees under the will of Ebenezer Francis, for leave
to change the mode of construction of Francis'
Wharf, Fort Point Channel, as granted to them
Nov. 28, 1881. Approved Jan. 5, 1882.
652. Joseph A. Bowen, for leave to straighten the south-
erly side of his wharf, known as the " Slate Wharf,"
in the City of Fall River. Approved Jan. 5, 1882.
653. William G. Brown, for leave to fill solid a portion.
of his wharf, known as the " Cob Wharf," on Ipswich
River, in the town of Ipswich. Approved Feb. 2,
1882.
654. Trustees of the Harris Estate, for leave to extend
Harris' Wharf in Boston Harbor to the Harbor
Line. Approved Feb. 9, 1882.
655. Henry Howard, of New Bedford, for leave to construct
a pile wharf in Onset Bay, in the town of Wareham.
Approved March 16, 1882.
656. J. C. Kittredge, for leave to extend his wharf on First
Street, South Boston. Approved March 16, 1882.
657. Benjamin D. Dixie, for leave to extend his wharf at
Marblehead. Approved March 16, 1882.
658. Magee Furnace Company, for leave to extend its wharf
on Marginal Street, Chelsea, to the Harbor Line.
Approved March 23, 1882.
659. Henry L. Pierce, for leave to build a sea-wall in front
of his land bordering on Neponset River, in the
town of Milton, and fill solid the area enclosed by
such wall. Approved March 23, 1882.
660. Abbie E. Cutter, Henry B. Cutter, and William O.
Cutter, for leave to construct a wharf, partly solid
and partly on piles, on the west side of Wickets
Island, in Onset Bay, town of Wareham. Ap-
proved March 23, 1882.
1883.] PUBLIC DOCUMENT — No. 11. 47
Nos.
661. The Ilingham, Hull and Downer Landing Steam-
boat Company, for leave to extend its wharf on
piles, in the town of Hull. Approved April 12,
1882.
662. The White's Ferry Bridge Company, for leave to con-
struct a bridge across North River, between the
towns of Marshfield and Scituate. Approved April
5, 1882.
663. The Bradley Fertilizer Company, for leave to extend
and maintain its present wharf on Weymouth Back
River, in the town of Weymouth.. Approved April
5, 1882.
664. Edward C. Ellis,. for leave to construct a wharf on the
south shore of. Onset Bay, in the town of Wareham.
• Approved April 12, 1882.
665. [ The Standard Sugar Refinery, for leave to extend its
wharf on Fort Point Channel, South Boston, on
piles. Approved April 27, 1882,
666. The Old Colony Railroad Company, for leave to extend
its wharf in Taunton River, at Somerset. Approved
May 11, 1882.
667. County Commissioners of Essex County, for the con-
struction of a part of Essex Merrimack Bridge, under
chapter 104 of the Acts of the year 1 882. Approved
May 13, 1882.
668. South Boston Yacht Club, for leave to construct a pile
. wharf at City Point, South Boston, on the west side
of Sixth Street. Approved May 18, 1882.
669. Trustees under the will of Augustus Hemenway,
for leave to extend Howe's Wharf, on Fort Point
Channel, to the Harbor Line. Approved May 18,
1882.
670. Joseph A. Bowen, for leave to extend " Slate Wharf"
on its southerly side, in the City of Fall River.
Approved May 18, 1882.
671. The Boston and Lowell Railroad Corporation, for
leave to construct a sea-wall along the Harbor Line,
west of its freight bridge across Charles River, in
the City of Boston, Approved June 1, 1882.
48 HARBOR AND LAND COMMISSIONERS. [Jan.
Nos.
672. The Road Commissioners of the town of Quincy, for
leave to fill solid a part of Neponset Bridge. Ap-
proved May 25, 1882.
673. Stephen M. Weld of Dedham, for leave to construct
two breakwaters in Buzzard's Bay, in the town of
"Wareham. Approved May 25, 1882.
674. The City of Gloucester, for leave to build a highway,
in line of Washington Street, across the Mill Pond.
Approved June 1, 1882.
675. Samuel Elliott, for leave to extend his wharf on Mer-
rimack River at Haverhill. Approved June 8,
1882.
676. Worin Tasker, for leave to extend his wharf on Merri-
mack River at Haverhill. Approved June 8, 1882.
677. John E. Gale, for leave to extend his wharf on Merri-
mack River at Haverhill. Approved June 8, 1882.
678. James R. Nichols, for leave to extend his wharf on
Merrimack River at Haverhill, Approved June
8, 1882.
679. W. R. Whittier, for leave to extend his wharf on
Merrimack River at Haverhill. Approved June
15, 1882.
680. Albert L. Kimball, for leave to extend his wharf on
Merrimack River at Haverhill. Approved June 15,
1882.
681. Goodrich and Porter, for leave to extend their wharf
on Merrimack River at Haverhill. Approved June
15, 1882.
682. Trustees under the will of Augustus Hemenway,
for leave to build a sea-wall and fill solid at Howe's
Wharf, so called, on Fort Point Channel, Boston.
Approved June 22, 1882.
683. Jesse Tirrell, for leave to construct a sea-wall and fill
solid at his wharf on Fort Point Channel, Boston.
Approved June 22, 1882.
684. Benjamin Montgomery, for leave to extend his wharf
in Gloucester Harbor. Approved June 22, 1882.
685. George Dennis, for leave to extend his wharf in
Gloucester Harbor. Approved June 22, 1882.
1883.] PUBLIC DOCUMENT — No. 11. 49
Nos.
686. B. F. Wild & Co., for leave to drive a row of piles for
the protection of their wharf on Mystic River.
Approved June 29, 1882.
687. County Commissioners of Essex County, for a change
in the construction of the Essex Merrimack Bridge,
between the towns of Newbury and Salisbury, over
Merrimack River. Approved July 6, 1882.
688. Moseley and Potter, for leave to drive piles for the sup-
port of a water- tank on Congress Street Bridge,
Fort Point Channel, Boston. Approved July 6,
1882.
689. Jesse Tirrell, for leave'to extend his wharf to the Har-
bor Line on Fort Point Channel, Boston. Approved
July 13, 1882.
690. Amos A. Story, for leave to extend his wharf, partly
solid and partly on piles, in Gloucester. Approved
July 20, 1882.
691. Reed and Gamage, for leave to extend their wharf in
Gloucester Harbor. Approved July 20, 1882.
692. Standard Fertilizer Company, for leave to construct
a wharf in Duxbury Bay. Approved Aug. 3, 1882.
693. Board of Directors of the East Boston Ferries, for
leave to extend and reconstruct its Piers on the
Boston side of the North Ferry. Approved Aug.
10, 1882.
694. J. H. Durgin, for leave to extend his wharf on Merri-
mack River at Haverhill. Approved Aug. 10,
1882.
695. Charles W. and R. Stuart Chase, for leave to extend
their wharf on Merrimack River at Haverhill. Ap-
proved Aug. 10, 1882.
696. A. H. Adams, for leave to extend his wharf on Merri-
mack River at Haverhill. Approved Aug. 10,
1882.
697. Eastern Railroad Company, for the reconstruction of
the draw-pier in its bridge across Merrimack
River at Newbury port. Approved Aug. 10, 1882.
698. City of Haverhill, for leave to extend City Landing
No. 10 on Merrimack River. Approved Aug. 31,
1882.
50 HARBOR AND LAND COMMISSIONERS. [Jan.
Nos.
699. George A. Green, for leave to extend his wharf on
Merrimack River at Haverhill. Approved Aug. 31,
1882.
700. John P. Gilman, for leave to extend his wharf on
Merrimack River at Haverhill. Approved Aug.
31, 1882.
701. John D. Hillard, for leave to extend his wharves at
Provincetown. Approved Sept. 14, 1882.
702. Thomas R. Whorf, for leave to extend and widen his
wharf at Provincetown. Approved Sept. 14,1882.
703. The Boston and Hingham Steamboat Company, for
leave to construct a dolphin in Chelsea Creek.
Approved Oct. 12, 1882.
704. S. S. Swift, for leave to extend his wharf in Province-
town Harbor. Approved Oct. 12, 1882.
705. City of Boston, for leave to extend the southerly pier
of the East Boston South Eerry, East Boston. Ap-
proved Oct. 13, 1882.
706. Onset Bay Grove Association, for leave to extend its
wharf at Onset Bay, Wareham. Approved Nov.
2, 1882.
707. Edward P. Shaw, for leave to construct a wharf at
Salisbury Point, near Badger's Rocks, on Merri-
mack River. Approved Nov. 16, 1882.
708. Naumkeag Steam Cotton Company, for leave to drive
a line of piling for the foundation of a sea-wall on
South River, Salem Harbor. Approved Nov. 23,
1882.
709. Edward P. Shaw, for leave to construct a wharf on
the northwesterly end of Plum Island, on Merri-
mack River, at Newburyport. Approved Nov. 23,
1882.
710. Nantucket Railroad Company, for leave to construct
a solid roadway across tide-water in Nantucket Har-
bor. Approved November 23, 1882.
711. County Commissioners of Essex County, for the recon-
struction of the draw and draw pier, in Rocks
Bridge, across Merrimack River, between Haverhill
and West Newbury. Approved Dec. 1, 1882.
1883.] PUBLIC DOCUMENT — No. 11. 51
Sixty-one licenses have been granted. Applications for
others, which the Board has felt obliged to refuse, have per-
haps occupied quite as much of its time, and occasioned more
study and perplexity. In all cases, a careful examination of
the localities and plans of the works proposed, has been
made by the Board and its Engineers.
ARCHIVES OF MAINE LANDS.
This Board, under various legislative acts, has succeeded
to the powers and duties of the former Land Agents of the
Commonwealth, — among which is the custody of the records
of lands once held and conveyed by Massachusetts, and now
within the limits of the State of Maine. By chapter 58 of
the Resolves of 1873, a portion of these records was trans-
ferred to the latter State ; and the records of Maine lands
granted as bounties to revolutionary soldiers and their heirs,
have always been in the custody of the Secretary of this
Commonwealth. This Board is still responsible for the safe
keeping of seven volumes of records of conveyances by this
Commonwealth of lands in Maine, one volume of the like
records of lands in Madawaska, one volume containing the
plans and records of the drawings of the " Lottery Lands, "
so called, in the easterly section of Maine, and an old account
book, containing a record of the receipts and disbursements
of the Land Agents on account of the above lands, from the
year 1823 to the year 1853.
These records, apart from their historical interest, have
no present value except as furnishing evidence of title to
lands in another State ; and record copies, to have legal
effect, must be certified by the Secretary of the Common-
wealth. As a matter of fact, most of the above volumes
are now, for convenience in the investigation and proof
of titles, in the Secretary's office, this Board holding his
receipt therefor ; and it is respectfully recommended that all
the archives of Maine lands be placed by law in the charge
and custody of that officer, to be kept in his office.
JOHN E. SANFORD.
FRANCIS A. NYE.
HENRY L. WHITING.
Boston, January 1, ISS3.
APPENDIX.
APPENDIX.
[See page 5 of this Report, ante.]
AGREEMENT BETWEEN THE COMMONWEALTH AND
THE BOSTON & ALBANY RAILROAD COMPANY
ACTING BY THE NEW YORK & NEW ENGLAND
RAILROAD COMPANY.
Know all Men by These Presents, That
Whereas, by an agreement between the Boston & Albany
Railroad Company and the New York & New England Rail-
road Company, made on the fifteenth clay of July, A. D.
1880, and recorded with Suffolk Deeds, Lib. 1568, Fol. 45,
to which reference may be had as if fully recited herein,
s lid Boston & Albany Railroad Company agreed, upon and
after a full performance by said New York & New England
Railroad Company of each and all of its agreements thereby
made, to release to it all the right, title and interest which
said Boston & Albany Railroad Company had or could have,
under and by virtue of any agreements theretofore made by
it with the Commonwealth of Massachusetts, in or to any
lands or flats in that part of Boston called South Boston, in
said Commonwealth of Massachusetts, which said Common-
wealth had theretofore agreed to convey to it, subject to all
the terms, provisions and conditions of each and all of said
agreements : and that said New York '& New England Rail-
road Company might act as the attorney of said Boston &
Albany Railroad Company, and in its name and behalf en-
force, defend or settle any legal right, claim or liability of
or against it under said agreements, or in regard to or in
connection with said lands or flats, except as therein ex-
cepted, but only at the cost and expense of said New York
56 HARBOR AND LAND COMMISSIONEES. [Jan.
& New England Railroad Company, and without increasing
or creating any liability of said Boston & Albany Railroad
Company ;
And Whereas, said Commonwealth, acting by its Board
of Harbor and Land Commissioners, with the approval of
its Governor and Council, and to the satisfaction of said
Board, of the one part, and said New York & New Eng-
land Railroad Company, and said Boston & Albany Railroad
Company acting by said New York & New England Rail-
road Company as its attorney under the authority and
power aforesaid, of the other part, have mutually agreed
upon a full settlement, on the terms hereinafter set forth
and agreed upon, of all matters, claims and demands
asserted in the suit at law now pending in the Superior
Court in and for the County of Suffolk, in said Common-
wealth, or in the proceedings in equity now pending in the
Supreme Judicial Court in and for said County of Suffolk,
commenced against said Boston & Albany Railroad Company
in pursuance of chapter fifty (50) of the Resolves passed
by the General Court of said Commonwealth of Massachu-
setts in the year eighteen hundred and eighty (1880), or
arising under or by virtue of all or any of the stipulations,
agreements or provisions contained or made in or by said
agreements between said Boston & Albany Railroad Com-
pany and said Commonwealth ;
NOW, THEN, IT IS HEREBY AGREED, Oil this first day of
August, in the year 1882, by and between said Common-
wealth, party hereto of the first part, and said New York
& New England Railroad Company, and said Boston &
Albany Railroad Company acting as aforesaid, party hereto
of the second part, as follows, namely:
That the total sum or sums of money due or payable to
said Commonwealth from said Boston & Albany Railroad
Company, or from said New York & New England Rail-
road Company, on account of any or all of said matters,
claims or demands, or under all or an}' of said agreements,
including all principal, interest, damages and liabilities of
every name and nature, is the sum of one hundred thousand
dollars, and no more, with interest at the rate of five per
centum per annum from the first day of May, in the year
1882.
1883.] PUBLIC DOCUMENT — No. 11. 57
And said New York & New England Railroad Company
agrees with said Commonwealth, that said company will
(I.) Before or at the expiration of ten (10) years from and
after the said first day of May, A. D. 1882, pay to said
Commonwealth said sum of $100,000, with interest from
and after said first day of May at the rate of five per centum
per annum, payable semi-annually on the first days of May
and November in each year ; and will accept instead of, and
as and for a conveyance of the land which said Common-
wealth in and by said agreements agreed to convey to said
Boston & Albany Railroad Company, a conveyance in fee
simple, free from all incumbrances except as hereinafter
stated, of all that parcel of land situated in said South Bos-
ton, bounded and described as follows :
Beginning at the southerly corner of said parcel, at the
intersection of the south-westerly side-line of Congress
Street as located and laid out by the Board of Street Com-
missioners for the City of Boston, March 14, 1879, with the
north-westerly side-line of " B " Street ; thence running north
40° 59' 59" east, along the north-westerly side-line of said
" B" Street, seven hundred and ninety-one and fifty-seven
one-hundredths (791^^) feet ; thence running north 30° 06'
28" east, and bounded south-easterly by other land of the
Commonwealth, one thousand five hundred and twenty-
three and sixteen one-hundredths (1,523^^) feet ; thence
north 61° 01' 04" west, eight hundred and twenty-two
and ninety-four one-hundredths (822^^) feet; thence, on
the arc of a curve of two thousand three hundred and
seventy (2,370) feet radius, to which the said last-described
line is tangent at its westerly end, one hundred and sixteen
and seventy-three one-hundredths (HGy7^) feet, more or
less, to the dividing line, wherever it may be, between the
land hereby agreed to be conveyed and other land known as
the 25-Acre Lot, heretofore agreed to be conveyed by the
said Commonwealth of Massachusetts to the said New York
& New England Railroad Company, in accordance with the
provisions of chapter two hundred and sixty (260) of the
Acts of the General Court of Massachusetts for the year
1880. The course of a straight line which connects the ends
of said last-described curved line is north 62° 25' 44" west,
58 HAKBOR AND LAND COMMISSIONERS. [Jan.
and its length is one hundred and sixteen and seventy-one
one-hundredths (116t7qL) feet, more or less. Thence con-
tinuing south 30° 07' 50" west, along the said division line,
and bounded north-westerly by the said 25-Acre Lot, one
thousand and three hundred and seventeen and four-tenths
(1,317t4q) feet, more or less ; thence south 55° 48' 31" east,
and bounded south-westerly by land of the Boston Wharf
Company, seventy and ninety-six one-hundredths (70^^)
feet, more or less, to a point which is on a south-easterly
extension of the straight boundary line on the south-westerly
side of the land hereinbefore referred to as to be conveyed
in accordance with the terms of chapter 260 of the Acts
of the General Court of Massachusetts for the year 1880,
and is distant ninety-seven and fifty-seven one-hundredths
(97t507q) feet from a copper bolt in a stone bound on the
said boundary line, and is also distant one thousand and
ninety-three (1,093) feet from the intersection of said south-
westerly boundary line of said 25-Acre Lot with the harbor
line on the easterly side of Fort Point Channel, as defined by
chapter thirty-five (35) of the Acts of the General Court of
Massachusetts for the year 1840; thence south 30° 01' 35"
west, and bounded north-westerly by land of the Boston
Wharf Company and by Congress Street, eight hundred and
eighteen and forty-five one-hundredths (818t405q) feet to a
point in the south-westerly side-line of Congress Street
hereinbefore referred to ; thence south 49° 00' 01" east,
along the south-westerly side-line of said Congress Street,
and bounded south-westerly by land of the Boston Wharf
Company and other land known as the 12-Acre Lot, hereto-
fore agreed to be conveyed by the said Commonwealth of
Massachusetts to the said New York & New England Rail-
road Company, seven hundred and thirty-one and fifty-six
one-hundredths (731I5~(f-0) feet to the point of beginning, —
containing by estimation 1,976,654 square feet, more or less.
For a more particular description, reference may be had to
the accompanying plan.* Intending to include in the fore-
going description all the land lying between, and bounded
by, the exterior north-easterly line set forth in the accom-
* The plan referred to is on file in the offices of the Secretary and the Treas-
urer of the Commonwealth, and of this Board.
1883.] PUBLIC DOCUMENT — No. 11. 59
panying plan, the parcel of land known as the 25-Acro Lot
described in chapter 2 GO of the Acts passed by the Gen-
eral Court of said Commonwealth in the year 1880, land
of the Boston Wharf Company, the parcel of land described
in said chapter as "a parcel of land and flats containing
twelve acres, more or less," "B" Street, so called, and a
line running south 30° 06' 28" west, one thousand five
hundred and twenty-eight and sixteen one-hundredths
(1,528^^) feet from said exterior line to the point where
said line intersects with the northerly line of "B" Street.
All bearings or courses stated in the foregoing description,
are to be referred to the meridian 71° 00' 54.883" west
longitude.
Said conveyance to be subject to any rights which the
City of Boston may have acquired in Eastern Avenue or
Congress Street, and to any obligations of the Common-
wealth,- under the agreements and indenture next herein-
after mentioned, in relation thereto; and to be subject to
the rights as to the laying out of Northern Avenue, or of
any drains or sewers on, over or in said parcel of land
hereinbefore described, and said to contain by estimation
1,976,654 square feet, more or less, which are reserved to
said Commonwealth and to the City of Boston in and by
agreements between said Commonwealth and said Boston
& Albany Railroad Company, dated on the eighth day of
December, A. D. 1869, and on the twenty-fourth day of
June, A. D. 1873, or in and by an indenture of four parts
between said Commonwealth of the first part, said Boston
& Albany Railroad Company of the second part, the Boston
Wharf Company of the third part, and said City of Boston
of the fourth part, dated on said twenty-fourth day of June,
1873, except so far as the rights so reserved to said Com-
monwealth are modified by express provisions of this agree-
ment ; and to be subject to any obligations of said Common-
wealth, under said agreements and indenture, in relation to
said parcel of land or any portion thereof.
And said New York & New England Railroad Company
further agrees with said Commonwealth, that said Company
will
(II.) Proceed forthwith to perform with all practicable
60 HARBOR AND LAND COMMISSIONERS. [Jan.
despatch all the filling and other work which said Common-
wealth is now entitled to have performed by said Boston &
Albany Railroad Company upon or in relation to said parcel
of land, which filling and other work is agreed by the parties
hereto to be the following only and no more ; that is to say :
(1) Fill with solid filling, to the grade of sixteen feet
above mean low water, the area on the accompanying plan
within a line drawn from a to b to c to d to e to g to h
to i to j to k to I to m to n to «, the place of beginning.
]f the filling of said area along said line, from I to m to n,
shall not be done in such time and manner as to protect the
filling of the adjoining territory by said Commonwealth,
then the said New York & New England Railroad Company
shall, on demand, pay to said Commonwealth the actual cost
of all material deposited by said Commonwealth on said
adjoining territory, which may flow or form a slope upon
said area along said line. The area bounded by and within
a line beginning at point e9 thence to o, thence to jp, thence
to g, thence to point e, the place of beginning, is for the
present reserved for a dock : provided, that said company
shall have the right, at any time within twenty-five (25)
years from the date of this agreement, to fill said last-
described area and build the sea-walls around said area so
far as indicated on the accompanying plan, the work of fill-
ing and of building the said wall to be done in such way as
shall be approved by said Board of Harbor and Land Com-
missioners ; but if said company does not within said twenty-
five (25) years exercise said right of filling said last-described
area, it shall be taken to have elected to have reserved the
same for a dock.
(2) Complete the wall on Pier Number four (4) as shown
on the accompanying plan, in such way as shall be approved
by said Board of Harbor and Land Commissioners.
And said Commonwealth on its part agrees with said
New York & New England Railroad Company, that said
company shall be permitted to pay all or any part of said
sum of $100,000 at any time within the period of ten years
aforesaid, after ten (10) days' notice of its intention so to
do, with the interest accrued on the part so paid up to the
date of such payment ; and that, upon the payment to said
1883.] PUBLIC DOCUMENT — No. 11. 61
Commonwealth by said New York & New England Rail-
road Company, or by said Boston & Albany Railroad Com-
pany, of the whole of said $100,000 with the interest accrued
thereon, or upon the giving of such security therefor as said
Commonwealth, by its officers or agents hereafter duly
authorized so to do, shall accept as satisfactory, said Com-
missioners not declaring that they have any authority so to
accept, and upon the due performance of the filling and
other work which said New York & New England Railroad
Company is bound to do as afuresaid, and of all acts and
things, other than filling or work or payment of money,
which either of said Railroad Companies is bound to do,
under the aforesaid agreements and indenture as modified
by these presents, prior to the conveyance of said parcel of
land by said Commonwealth, said Commonwealth, under
the aforesaid agreements and indenture as modified by these
presents, will convey by a good and sufficient warranty deed
to said Boston & Albany Railroad Company, or to such
grantee or assignee as the said Boston & Albany Railroad
Company shall in writing designate or appoint, or to said
New York & New England Railroad Company, upon the due
execution and delivery of the release which said Boston &
Albany Railroad Company, by the agreement first herein
referred to, agrees, as therein stated, to give to said New
York & New England Railroad Company, all said parcel
of land, and all the land which as aforesaid the said fore-
going description is intended to include, free from and of
all incumbrances except as aforesaid.
And whereas Northern Avenue, so called, may be here-
after so laid out over said parcel of land that, by reason of
the provisions of the agreements or indenture next here-
inafter mentioned, said Boston &, Albany Railroad Company
or New York & New England Railroad Company may not
be entitled to compensation therefor ; and whereas the cost,
at the rates hereinafter specified, of the portions of said
parcel which may be so taken for said Northern Avenue,
is included in said sum of $100,000, and, in case of the
laying out of said Northern Avenue without compensation
for the reason aforesaid, ought not to be claimed or retained
by said Commonwealth :
62 HARBOR AND LAND COMMISSIONERS. [Jan.
Now, then, the said Commonwealth cloth further agree
that, if and when said Northern Avenue is or shall be so
laid out, whether by said Commonwealth or by the City of
Boston, under the provisions of the aforesaid agreements of
December 8, 1869, and June 24, 1873, or of the aforesaid
indenture of June 24, 1873, over said parcel or any part
thereof, provided, it is so laid out by said Commonwealth
or said City of Boston in the due exercise of the rights
reserved or given by said agreements or indenture, and in
such manner and within such time, that said Common-
wealth or City of Boston is not bound to make such com-
pensation and does not incur any liability for land damages
for so doing, said Commonwealth will deduct from said
$100,000, or credit on said $100,000, the amount of the cost,
at the rate of fifty (50) cents per square foot, of all that por-
tion of the land hereby agreed to be conveyed which shall
be included within said Northern Avenue as so laid out, and
which lies between the boundary line dividing said land from
the 25- Acre Lot, so called, as said line is shown on the ac-
companying plan, (described as S. 30° 07/ 50" W. 1317.40
feet, more or less,) and a line drawn parallel to, and distant
seventy and seventy-eight one-hundreclths (70^^) feet
south-easterly from, said boundary line, and of the cost, at
the rate of twenty (20) cents per square foot, of any other
portions of said land so included within said Northern
Avenue, with interest at five (5) per centum per annum
from and after the first day of May, 1882, on said amount,
or repay the same amount and interest, if already paid to
it, to that one of said companies which shall have paid the
same. And said Commonwealth on its part hereby releases
to said Boston & Albany Railroad Company and to said New
York & New England Railroad Company, all right which it
has by virtue of the aforesaid agreement of December 8,
1869, to lay out said Northern Avenue on or over said par-
cel of land or any part thereof, at any time after two years
after the filling and other work, hereinbefore stipulated to
be done, has been completed, and written notice thereof
given to said Commonwealth.
And in consideration of the premises, and of the sum of
$330,000 heretofore paid by said Boston & Albany Railroad
1883.] PUBLIC DOCUMENT — No. 11. 63
Company to said Commonwealth, said Commonwealth hereby
releases and discharges said Boston & Albany Kail road
Company of and from all debts, claims, demands, liabilities
or obligations to or for the payment or performance of
money, damages, filling, or other work, or any other matters
or things arising under or by virtue of said agreements made
by said Boston & Albany Railroad Company with said Com-
monwealth, or by reason of any breach thereof, and accepts
said New York & New England Railroad Company in the
place of said Boston & Albany Railroad Company, with all
the rights and subject to all the liabilities which said Boston
<fe Albany Railroad Company would have or be liable to un-
der said agreements as modified by these presents, except
that said Commonwealth agrees not to make to said New
York & New England Railroad Company the conveyance
aforesaid, except upon and after the full performance by it
of all its agreements made in and by said first herein mentioned
agreement of July 15, 1880, or upon the written request or
with the written consent thereto of said Boston & Albany
Railroad Company ; and said Boston & Albany Railroad Com-
pany, acting as aforesaid by said New York & New England
Railroad Company, doth hereby release, acquit, and dis-
charge said Commonwealth of and from all claims and de-
mands under said agreements for the conveyance to it, the
said company, of any land situated in said South Boston,
except said parcel of land and except the land which as
aforesaid said foregoing description is intended to include.
And said Commonwealth and said Boston & Albany Rail-
road Company, acting as aforesaid by said New York &
New England Railroad Company, and said New York &
New England Railroad Company for itself, mutually ac-
cept these presents as a full accord and satisfaction of all
claims and demands arising under any previous agreements
relative to the subject-matters aforesaid.
In Testimony Whereof, on this first clay of August, in
the year 1882, the said Commonwealth of Massachusetts,
acting by its Board of Harbor and Land Commissioners,
hath caused its corporate seal to be hereto affixed, and these
presents to be signed and delivered in its name and behalf,
and the same to be approved by its Governor and Council ;
64 HARBOR AND LAND COMMISSIONERS. [Jan.
and the said New York & New England Railroad Company,
acting for itself, and as the attorney of the said Boston &
Albany Railroad Company, by James H. Wilson, its presi-
dent, thereunto duly authorized by vote of its directors, a
copy of which vote is hereunto annexed, hath hereunto set
its corporate name and seal ; and the said Boston & Albany
Railroad Company, by William Bliss, its president, there-
unto duly authorized by vote of its directors, a copy of
which vote is hereto annexed, in token of its assent to the
provisions of the foregoing agreement, hath hereunto set its
corporate name and seal.
COMMONWEALTH OF MASSACHUSETTS,
By John E. Sanford, l Harbor and
Francis A. Nye, V Land coS™™.]
Henry L. Whiting, J Commissioners.
NEW YORK & NEW ENGLAND RAILROAD COMPANY,
By James H. Wilson, President. n. t. & n. e.
E. B. CO.]
BOSTON & ALBANY RAILROAD COMPANY,
By New York & New England R.R. Co., its Attorne}-,
By James H. Wilson, President.
BOSTON & ALBANY R. R. CO.,
By William Bliss, President. B. &T.Ab.r. co.j
Boston, December 26, 1882.
At a meetino; of the Directors of the New York & New
England Railroad Company, held December 22, 1882, the
following vote was passed : —
" A draft of a proposed agreement of settlement between this Com-
pany, as the attorney of the Boston & Albany Railroad Company, under
the agreement between the Boston & Albany Railroad Company and
this Company, dated July 15th, 1880, and the Commonwealth of Massa-
chusetts, by which it is agreed that all liabilities shall be compromised
for the sum of one hundred thousand dollars ($100,000), with interest at
five (5) per cent, from May 1st, 1882, was submitted by the General
Solicitor of this Company; and, on motion of Mr. Hart, it was
" Voted, That the President of the Company be, and he hereby is,
authorized, in its name and behalf, to sign its corporate name and
set its common seal to the instrument which has just been sub-
mitted, dated the first (1st) day of August, 1882; provided, however,
1883.] PUBLIC DOCUMENT — No. 11. 65
that any modification in the details of said agreement, which may be
deemed necessary or proper by the President and General Solicitor, may
be made before the execution thereof."
A true copy from the record,
Attest :
CsEANLJfETHBEco.r& JAMES W. PERKINS,
Clerk of Board of Directors.
Boston, December 26, 1882.
We hereby certify that the foregoing instrument is the instrument
submitted to the Directors of the New York & New England Railroad
Company, at their meeting held December 22d, 1882, and referred to
in the appended copy of vote passed at said meeting, with slight verbal
changes approved by us.
JAMES W. WILSON,
President of N. Y. & N. E. B. B. Co.
WILLIAM CALEB LORING,
General Solicitor of N. Y. & N. E. B. B. Co.
Boston, January 3, 1883.
At a meeting of the Board of Directors of the Boston &
Albany Railroad Company, duly held In the city of Boston
this third day of January, A. D. 1883, the following vote
was passed : —
Whereas, The Counsel of the Corporation has examined the proposed
agreement of settlement of the controversy between the N. Y. & N. E.
R. R. Co. and the Commonwealth of Massachusetts, relative to the South
Boston Flats, and approves of the same,
Voted, That the President be authorized to consent to the same in
writing in behalf of the corporation.
J. A. RUMRILL,
Secretary and Clerk.
COMMONWEALTH OF MASSACHUSETTS.
Boston, January 4, 1883.
Approved by the Governor and Council.
HENRY B. PEIRCE,
Secretary of the Commonwealth.
Secretary's Department,
Boston, January 12, 1883.
Recorded in Vol. 2, Treaties, Contracts, &c. Pages 360-373.
66 HARBOR AND LAND COMMISSIONERS. [Jan.
[2.]
AGREEMENT BETWEEN THE BOSTON & ALBANY
RAILROAD COMPANY AND THE NEW YORK & NEW
ENGLAND RAILROAD COMPANY, REFERRED TO IN
THE PRECEDING AGREEMENT.
Memorandum of an Agreement, made this fifteenth day of
July, A. D. 1880, by and between the Boston & Albany
Railroad Company and the New York & New England Rail-
road Company.
Said Boston & Albany Railroad Company hereby, pur-
suant to the authority given it by St. 1869, ch. 461, and all
other powers it has in the premises, agrees, upon and after
a full performance by said New York & New England Rail-
road Company of each and all of its agreements hereby
made, to release to it all the right, title and interest which
said Boston & Albany Railroad Company has, or can have,
under and by virtue of any agreements heretofore made with
it by the Commonwealth of Massachusetts, in or to any lands,
or flats, situate in that part of Boston, in said Commonwealth,
called South Boston, which said Commonwealth has hereto-
fore agreed to convey to it, subject to all the terms, provi-
sions aud conditions of each and all of said agreements.
And said New York & New England Railroad Company
hereby agrees to pay to said Boston & Albany Railroad
Company, forthwith, the sum of thirty thousand dollars,
with interest at the rate of six per cent, per annum from
and after the seventh day of February, A. D. 1879, and the
sum of three hundred thousand dollars within ten years
from said day, with interest thereon until paid, payable
semi-annually on the first days of January and July of each
year, at the rate of two per cent, per annum for the first five
years, and at the rate of four per cent, per annum for the
1883.] PUBLIC DOCUMENT — No. 11. 67
next five years ; and also to do, pay and perform all acts,
work, moneys, interest, damages, matters and things of any
kind or description whatever, which said Boston & Albany
Railroad Company has agreed, or was, is now, or may or can
hereafter be, legally bound or required to do, pay or per-
form, either by, under or in consequence either of, or of any
breach of, all or any part or clause of any agreement or
agreements heretofore made by it with said Commonwealth,
or any other person or corporation, for or in relation to said
lands or flats, or any work or materials already or to be done
or furnished to, for, upon, in relation to, or in connection
with said lands or flats, or as owning or interested in said
lands or flats, or any part thereof; excepting work or mate-
rials in fact done or furnished before the tenth day of Sep-
tember, A. D. 1878, or moneys heretofore paid by it to said
Commonwealth.
Said New York & New England Railroad Company may
occupy and use said lands and flats if, and so long only as, it
shall fulfil and perform its agreements hereby made ; and may
act as the attorney of said Boston & Albany Railroad Com-
pany, and, in its name and behalf, enforce, defend or settle any
legal right, claim or liability of or against it under said agree-
ment or agreements, or in regard to or in 'connection with said
lands or flats, except as aforesaid, but only at the cost and ex-
pense of the said New York & New England Railroad Com-
pany, and without increasing or creating any liability of said
Boston & Albany Railroad Company ; and hereby agrees to
pay all reasonable expenses, including counsel fees, incurred
by said Boston & Albany Railroad Company in defending or
resisting any such claim or liability of or against it under
said agreement or agreements, or in regard to or in connec-
tion with said lands or flats, except as aforesaid, and to pay
or indemnify it against all taxes and assessments assessed
after the seventh day of February, A. D. 1879, on said lands
or flats, or any part thereof.
In witness whereof, said Boston & Albany Railroad Com-
pany, and said New York and New England Railroad Com-
pany, each by its respective President, thereto duly author-
ized, has hereto signed its corporate name and set its com-
68 HARBOR AND LAND COMMISSIONERS. [Jan.
mou seal, on this fifteenth day of July, in the year eighteen
hundred and eighty.
THE BOSTON & ALBANY R. R. CO.,
By ¥m. Bliss, President. [corporate skal.]
NEW YORK & NEW ENGLAND RAILROAD CO.,
By Wm. T. Hart, President. [corporate
7 SEAL.J
Signed, sealed and delivered in presence of
Chas. F. Walcott,
To execution by B. & A. R. R. Co.
G. W. Baldwin,
To execution by N. Y. & N. E. R. R. Co.
1883.] PUBLIC DOCUMENT — No. 11. 69
[3.]
[See page 4 of Report, ante.]
CONTRACT OF THE COMMONWEALTH WITH THE
NEW ENGLAND DREDGING COMPANY.
Articles of Agreement, made this first day of July, in the
year eighteen hundred and eighty-two, by and between the
New England Dredging Company, a corporation established
under the laws of Massachusetts, party of the first part, and
the Commonwealth of Massachusetts, acting by its Board of
Harbor and Land Commissioners, party of the second part.
Said party of the first part hereby covenants and agrees to
furnish all the plant, tools, appliances and labor necessary to
receive, store, elevate and deposit, as hereinafter provided,
all the material, except rocks, stones and sewage matter,
dredged in and about Boston Harbor, for which a dumping-
ground is desired, or may be assigned by the Board of Har-
bor and Land Commissioners.
Said party of the first part may locate the dumping-ground
and elevating station for said material, between the elevating
station now used by said party in executing its contract with
said party of the second part, dated August twelfth (12th),
eighteen hundred and eighty-one (1881), and the bulkhead
extending northerly from the southerly line of Eastern
Avenue on a line parallel with and fifty feet east of the east-
erly line of C Street extended, or in any other location ap-
proved by said Board of Harbor and Land Commissioners ;
and the same shall be of sufficient capacity to accommodate
and dispose of all the material offered.
The approach to said dumping-ground shall be kept free
and easy of access for scows and tow-boats to bring material
thereto at or near high water, and, should it be necessary to
excavate a channel for that purpose, the said Board of Har-
bor and Land Commissioners may require, and by their
engineer direct, the party of the first part to dredge the
same, the material so dredged to be deposited in accordance
70 HARBOR AND LAISD COMMISSIONERS. [Jan.
with, and accepted as part performance of, the aforesaid con-
tract dated August twelfth (1 2th), eighteen hundred and
eighty-one (1881), and the channel so excavated, and the
necessary space excavated around the elevating station, to be
refilled, upon the expiration of this contract, or the abandon-
ment of said station before that time, to its present level, by
said party of the second part.
The two elevating stations aforesaid shall be separated by
a substantial bulkhead, to be built by said party of the first
part, of such dimensions and construction as shall be ap-
proved by the engineer of said Board of Harbor and Land
Commissioners.
All the material offered as aforesaid shall be elevated, con-
veyed and deposited, between the present surface and grade
thirteen (13), on the area lying between the southerly boun-
dary of the area to be filled by said party of the first part
under the aforesaid contract dated August twelfth (12th),
eighteen hundred and eighty-one (1881), and the southerly
line of Cipher Street, so called, and between B Street and a
line one hundred feet east of and parallel with D Street ex-
tended, in such places and in such order, working from said
B Street easterly, as is consistent with a systematic and
practicable arrangement of tramways, to be constructed by
said party of the first part for that purpose ; but said party
of the second part reserves the right to fill, or cause to be
filled by other parties, a strip along the southerly side of
said area, not exceeding three hundred feet in width, without
prejudice to the right of said party of the first part to be
paid for material deposited under this contract and flowing
upon said strip.
In all work under this contract, the lines, grades and in-
structions, not inconsistent with the provisions hereof, of the
engineer of said Board of Harbor and Land Commissioners,
shall be strictly observed, and all necessary aid and materials
for giving and indicating said lines and grades, shall be fur-
nished by said party of the first part.
All the work aforesaid shall be done to the reasonable
satisfaction of said engineer, from time to time, during the
progress and until the completion and acceptance of said
work. The material deposited shall be left smooth and
1883.] PUBLIC DOCUMENT— No. 11. 71
level at grade thirteen (13), except in such places as may
be only partially filled at the expiration of this contract, and,
where the boundaries are unprotected, the filling may take
its natural slope.
Said party of the second part hereby covenants and agrees
to pay said party of the first part, for the work aforesaid, at
the rate of twenty-five cents for each cubic yard, as measured
in the fill, of material received, stored, elevated and deposited
as aforesaid.
Monthly estimates of the work done shall be made by the
engineer in charge, and monthly payments made of seventy-
five per cent, of the contract price for all such material above
grade thirteen (13), and ninety per cent, of the contract
price for all such material below grade thirteen (13).
When an area has been graded level at grade thirteen
(13), or at such grade as. shall be thought necessary to allow
for settling to said grade, payment shall be made of ninety
per cent, of the contract price for all such material on said
area up to grade thirteen (13), the remaining ten per cent,
to be retained until the final completion and acceptance of
the work, or the expiration of this contract.
When the area filled from one tramway has been levelled
and maintained at grade thirteen (13) for one month, such
area shall be accepted as to grade, and the contractor re-
lieved of further responsibility for the same.
Upon all questions of measurements, lines or grades, pro-
posed in writing by one party, the decision of the engineer
of said Board, after notice to the other party, shall be final.
This agreement shall expire on the eighteenth (18th) day
of August, eighteen hundred and eighty-four (1884), and, if
said party of the first part shall refuse or neglect to prosecute
the work herein contracted for, or in any other substantial
respect shall violate or fail to carry out this agreement, said
party of the second part may at any time annul the same,
and contract anew with other parties, without prejudice to
its claim for. damages arising from breach hereof.
In Witness Whereof, the said New England Dredging
Company has caused its corporate seal to be hereto affixed,
and these presents to be signed and delivered, in its name
and behalf, by Charles H. Souther, its President and Treas-
72 HARBOR AND LAND COMMISSIONERS. [Jan.
urer, and the said Commonwealth has caused its seal to be
hereto affixed, and these presents to be signed and delivered,
in its name and behalf, by its Board of Harbor and Land
Commissioners, the day and year first above written, and the
same to be approved by its Governor and Council.
NEW ENGLAND DREDGING COMPANY,
SrVnTTTTTT? [seal of js
SOUTHER, DREDGI
President and Treasurer.
By Charles H. Souther, [SE^°nF.™^N?LAND
THE COMMONWEALTH OF MASSACHUSETTS
By John E. Sanford, \ Harbor and
Francis A. Nye, > Land coS™
Henry L. Whiting, j Commissioners.
Executed in presence of
D. KOPPMANN,
Witness to all the signatures.
In Council, August 15, 1882* Approved.
HENRY B. PEIRCE, Secretary.
1883.] PUBLIC DOCUMENT — No. 11. 73
[4-]
[See page 4 of Report, ante.]
CONTRACT OF THE COMMONWEALTH WITH STEPHEN
JENNEY & COMPANY.
This Indenture, made this first day of July, 1882, by and
between the Commonwealth of Massachusetts, party of the
first part, and Bernard Jenney and Francis H. Jenney, co-
partners, doing business under the name of Stephen Jenney
& Company, parties of the second part, witnesseth : —
Said party of the first part covenants and agrees that it
will not, for the term of three years from the day of the date
hereof, hinder or obstruct the access of said parties of the
second part, their heirs and assignes, to their wharf, situate
at South Boston, and known as Jenney's Wharf, by any fill-
ing or deposit made, or structure built, or other thing done
by it, or under its license or authority, between said wharf
and a line indicated by the red line A B C on the plan* here-
to annexed and made a part hereof; nor, in any manner as
aforesaid, during said term, cut off the approach to said wharf,
from the main harbor of the City of Boston, by some channel
or course having as deep water as the present channel or
course affords.
Said party of the first part doth also hereby lease, de-
mise and let unto said parties of the second part, to
have and to hold to them, their heirs and assigns, for the
term aforesaid, a certain rectangular parcel of land or flats,
lying adjacent to their wharf aforesaid, and indicated on said
annexed plan* by the letters D E F and G, placed in red ink
at the several corners thereof; together with all the right,
title and interest which said party of the first part hath in
and to so much of the street laid out or projected, and called
E Street, as lies between said parcel and Monks Wharf, and
between the lines E F and D G, on said plan, extended.
* The plan referred to is on file in the offices of the Secretary and the Treasurer of
the Commonwealth, and of this Board.
74 HARBOR AND LAND COMMISSIONERS. | Jan.
In consideration of the foregoing, said parties of the second
part, for themselves, their heirs, executors, administrators
and assigns, covenant and agree to pay to said party of the
first part, the sum of six hundred and fifty dollars ($650)
each year during the term aforesaid, in equal semi-annual in-
stalments of three hundred and twenty- five dollars ($325)
each, payable on the first days of January and July, the first
payment to be made on the first day of January, 1883.
In testimony whereof, the said party of the first part, by
its Board of Harbor and Land Commissioners, has caused
these presents to be executed in its name and behalf, and its
seal to be hereto affixed, and the same to be approved by its
Governor and Council ; and the said parties of the second
part have hereunto set their hands and seals, the day and
year first above written.
COMMONWEALTH OF MASSACHUSETTS,
Bv John E. Sanford, j Harbor and
' Francis A. Nye, ' J Land oJBSMMSj
Henry L. Whiting, ) Commissioners.
BERNARD JENNEY. (seal.)
FRANCIS H. JENNEY. (seal.)
Signed, sealed and delivered in presence of
D. Koppmann, Witness to all Parties.
In Council, August 15, 1882. Approved.
HENRY B. PEIRCE, Secretary.
1883. J PUBLIC DOCUMENT— No. 11. 75
[5-]
[See page 4 of Report, ante.]
CONTRACT OF THE COMMONWEALTH WITH THE
TRUSTEES UNDER THE WILL OF JOHN P. MONKS.
This Indenture, made this first day of July, 1882, by and
between the Commonwealth of Massachusetts, party of the
first part, and Richard J. Monks and Frank H. Monks,
trustees under the will of John P. Monks, parties of the
second part, witnesseth : —
Said party of the first part covenants and agrees that it will
not, for the term of three years from the day of the date hereof,
hinder or obstruct the access of said parties of the second
part, their successors and assigns, to their wharf, situate at
South Boston, and known as Monks Wharf, by any filling or
deposit made, or structure built, or other thing done by it, or
under its license or authority, between said wharf and a line
indicated by the red line A B C on the plan* hereunto
annexed and made apart hereof; nor, in any manner as afore-
said, during said term, cut off the approach to said wharf,
from the main harbor of the City of Boston , by some channel
or course having as deep water as the present channel or
course affords.
In consideration thereof, said parties of the second part,
for themselves, their successors and assigns, covenant and
agree to pay to said party of the first part, the sum of three
hundred and fifty dollars ($350) each year during the term
aforesaid, in equal semi-annual instalments of one hundred
and seventy-five dollars ($175) each, payabls on the first
days of January and July, the first payment to be made on
the first day of January, 1883.
In witness whereof, the said party of the first part, by its
Board of Harbor and Land Commissioners, has caused these
presents to be executed in its name and behalf, and its seal
* The plan referred to is on file in the offices of the Secretary and the Treasurer of
the Commonwealth, and of this Board.
76 HARBOR AND LAND COMMISSIONERS. [Jan.
to be hereto affixed, and the same to be approved by its
Governor and Council ; and the said parties of the second
part have hereunto set their hands and seals, the day and year
first above written.
COMMONWEALTH OF MASSACHUSETTS,
By John E. Sanford, ") Harbor and
Francis A. Nye, [ Land commonwealth.)
Henry L. Whiting. \ Commissioners.
RICHARD J. MONKS, ) T <«^->
FRANK H. MONKS, ) Irustees' («al.)
Signed, sealed and delivered in presence of
D. Koppmann, Witness to all Parties.
In Council, August 15, 1882. Approved.
HENRY B. PEIRCE, Secretary.
1883.] PUBLIC DOCUMENT — No. 11. 77
[6.]
[See page 3 of Report, ante.]
SUPPLEMENTARY CONTRACT OF THE COMMON-
WEALTH WITH THOMAS POTTER.
Supplementary Agreement, made this twenty-sixth day of
December, 1882, by and between Thomas Potter, party of
the first part, and the Commonwealth of Massachusetts, party
of the second part.
Whereas, the said parties, on the 28th day of August, 1880,
entered into an agreement in writing, which is referred to
and made a part hereof as if fully recited herein, whereby
the said Potter, upon the terms and conditions in said agree-
ment set forth, agreed to do certain dredging in Boston Har-
bor and, with the material so dredged, to fill certain flats of
said Commonwealth at South Boston ;
And whereas, it was stipulated in said agreement that the
aforesaid dredging and filling should be completed by said
Potter on or before the first day of January, 1883 ;
And whereas, the said Potter will be unable to complete
said work on or before said first day of January, 1883, and
desires an extension of time for completing the same :
Now, therefore, it is agreed by the parties hereto, that the
time for executing and completing the work stipulated to be
done by the said Potter in the agreement aforesaid, shall be,
and is hereby, extended one year from and after said first
day of January, 1883.
It is also agreed that said Commonwealth may, by its
Board of Harbor and Land Commissioners, and in their dis-
cretion, appoint from time to time a suitable person as in-
spector, who shall have supervision, subject to the direction
and control of the engineer of said Board, of the place and
depth of the dredging to be done by said Potter under said
original agreement; and the compensation of such inspector,
at a reasonable and ordinary rate for such service, shall be
paid by said Potter, by deducting the same from the pay-
78 HAEBOR AND LAND COMMISSIONERS. [Jan.
merits which may be due him from time to time under said
agreement.
All the provisions of said original agreement of August
28th, 1880, regarding rate of compensation per cubic yard,
and otherwise, shall be and remain in full binding force upon
the parties hereto, except so far as expressly modified by the
provisions of this agreement as aforesaid
In testimony whereof, the said Thomas Potter has here-
unto set his hand and seal, and the said Commonwealth has
caused its seal to be hereto affixed, and these presents to be
signed and delivered, in its name and behalf, by its Board of
Harbor and Land Commissioners, the day and year first above
written, and the same to be approved by its Governor and
Council.
THOMAS POTTER. [seal.]
COMMONWEALTH OF MASSACHUSETTS,
By John E. Sanford, ") Harbor and
Francis A. Nye, [ Land o«3fiSiS«i
Henry L. Whiting, ) Commissioners.
Commonwealth of Massachusetts.
Boston, January 1, 1883.
Approved bv the Governor and Council.
HENRY B. PEIRCE,
Secretary of the Commonwealth.
1883.] PUBLIC DOCUMENT — No. 11. 79
[7.]
[See page 40 of Report, a?ite.]
United States Engineer Office,
Waeeham, Mass., December 18, 1882.
To the Hon. the Board of Harbor and Land Commissioners.
Gentlemen, — In reply to your request of the 14th inst.,
I have to state that it is only since September last that I have
been charged with river and harbor improvements under the
general government within the limits of your Commonwealth,
and consequently there is little to be said upon the subject
in addition to the data you have probably already before
you.
At the above mentioned date, I took charge of the harbors
of Hyannis and Wareham, vacated by the death of the late
General Warren, and subsequently relieved General Thorn
of the charge of the harbors of Scituate, Plymouth and
Provincetown. Although but little has been done within
the limited period I have had charge of these works, I am
happy to furnish you with the information I understand you
to desire even as regards that little, and as follows.
Hyannis,
This is a completed harbor, the charge consisting in seeing
that the stone breakwater protecting the anchorage is kept in
repair.
General Warren, in his last annual report, suggests im-
provement of the channel of entrance by dredging. I shall
examine into the matter and follow it up in my next annual
report.
Wareham.
The improvement is designed to afford a commodious
channel from Buzzard's Bay to the town front, through
which vessels drawing thirteen feet can sail at high tide.
This involves the expenditure of about $30,000 in dredging,
which can only be done advantageously in bulk, and con-
80 HARBOR AND LAND COMMISSIONERS. [Jan.
sequently the small appropriation of $5,000, made at the last
session of Congress, is now being expended upon catch-sand
fencing on Long Beach, a sand spit which is encroaching on
the navigable channel.
By aid of this $5,000, within a month or so I shall have
this sand spit thoroughly under my control, arresting all
further channel encroachment, and raising the beach beyond
flood-tide level, ready to be planted with beach grass in
1883, which measure will fully complete the desired im-
provement as far as this beach is concerned, all further
operations being simply designed to widen the beach, and to
place it in such condition as to be beyond danger of incom-
moding the channel hereafter.
The work of securing this beach is being done by build-
ing brush fences, of alternate layers of scrub-pine trees and
stone, to a height of three feet. These catch the sand, but
are soon enveloped with it, the practical result, however,
being to raise the beach to the height of their crest, and to
the width between the fences. General Warren's work has
resulted in bringing up the beach to high-tide level. I am
now building a frame barrier, 1,000 feet long, on the basis of
his work, by which I expect to bring the crest of the beach at
least two feet above flood-tide level, and, when it is planted
with beach grass, the improvement will be permanently
secured.
The prime necessity of this harbor now is an appropria-
tion of at least $10,000, to enable the channel improvement,
by dredging, to be undertaken. A less amount than
>,000 is inadequate even to begin the work.
Scituate, Plymouth and Provincetoivn.
For your fuller information with regard to the stage of
improvement of these harbors, I have the pleasure to mail
you herewith a marked copy of the aiiuual report of Gen-
eral Thom, which carries the history of the several improve-
ments as far as June, 1882. I have only to add, with re-
gard to
Scituate,
That the contractor is now vigorously prosecuting his con-
tract, in connecting the last year's work with the shore line
above high tide, at the old Cedar Point lighthouse.
1883.] PUBLIC DOCUMENT — No. 11. 81
Plymouth .
The contractor has placed 1,888 tons of stone upon the
shore protection at the inner end of Long Beach, and has
nearly connected the enrockment with the main land at the
point I have indicated to him. This improvement will per-
manently hold the end of the beach, but will not protect the
adjacent channel to Plymouth wharves from encroachment by
the sand carried from the beach into the channel through the
enrockment by undertow. Consequently, in my next annual
report, I shall estimate to secure this beach in a manner, not
only to take care of the beach itself, but to prevent damage
to the channel.
Provincetoivn.
Here the preservation of Long Point only is in question at
present, although the whole peninsula, from Truro, both on
the Atlantic and Massachusetts Bay side, needs watching. I
shall patrol it personally before making my next annual
report. At Long Point, the beach protection (enrockment)
should have been continued this year to high-water line, and
thence an apron of granite blocks should be carried at least a
hundred feet along the beach. On assuming charge of these
works, I tried to have this done at once, but I was unable to
find contractors or men who would undertake it, to carry it
out completely, so late in the year. As the incomplete work
would damage the beach more than it would do it good, I
have given the matter over until next spring, and will have
it under contract by that time.
In conclusion, I beg leave to state that I am glad to have
received your letter of the 14th inst., as I recognize the fact
that the interests of the United States and the Common-
wealth are identical in these matters, and can best be sub-
served by free communication between their several agents.
Accordingly, I am always at the service of your honorable
body, as far as our several duties concur, and have the honor
to be,
Very respectfully,
F. HARWOOD,
Major of Engineers.
82 HARBOR AND LAND COMMISSIONERS. [Jan.'83.
[8.]
[See page 26 of Report, ante.]
Commonwealth of Massachusetts.
In the year one thousand eight hundred and eighty-three.
An Act to define the Boundary Line of Tide Water between the State of
Massachusetts and the State of Rhode Island and Providence Plan-
tations.
Be it enacted, etc. :
Section 1. The boundary line of tide water between the State of
Massachusetts and the State of Rhode Island and Providence Plantations,
is hereby located and defined as follows : Beginning at the southerly
end of the boundary line of land between the said States, as the same is
now established by law, and thence running southerly, in a course across
and at right angles with the shore line, (which is a line drawn from the
headland at Gooseberry Neck, in the former State, to the headland at
Warren's Point, in the latter State,) to a point in latitude 41° 25' 05",
longitude 71° 05' 28", and distant one marine league, southerly, from the
said shore line.
Section 2. This act shall take effect when the said boundary line, as
herein located and defined, has been approved and established by the
General Assembly of the State of Rhode Island and Providence Planta-
tions.
PUBLIC DOCUMENT. No. 11.
ANNUAL REPORT
HARBOR AND LAND COMMISSIONERS
TOR
THE YEAE 1883.
BOSTON:
WRIGHT & POTTER PRINTING CO., ST/4 TE PRINTERS,
No. 18 Post Office Square.
1884.
APPENDIX.
Commijtttoealijr of gtassatlpt&ttls.
HARBOR AND LAND COMMISSIONERS' REPORT.
To the Honorable the Senate and the House of Bepresentatives of the
Commonwealth of Massachusetts.
The Board of Harbor and Land Commissioners, in accord-
ance with the provisions of law, respectfully submit their
Annual Report for the year 1883.
Back Bay Lands.
The Commonwealth has realized from the sale of its lands
on the Back Bay, up to the present time, after deducting
the cost of filling and improvement, and the expenses of
auction sales, the net sum of $3,285,602.68 ; and it may be
safely estimated that a further sum of $180,000 will be re-
ceived for the lots remaining unsold.
It is interesting to notice that these large amounts will
have accrued from the actual sale of less than one-half of the
entire area originally owned by the Commonwealth. More
than two- fifths of the whole area were devoted to avenues,
streets and passage-ways ; and nearly one-seventh of the
residue reserved for sale, has been donated to the city of
Boston and to public institutions.
The sales during the vear 1883 have been as follows : —
19,040 feet on Boylston Street, north side, for . . . $76,048 00
12,320 feet on Newbury Street, north side, for . . . 48,160 00
9 ,4u8 feet on Newbury Street, south side, for . . . 31,808 00
2,744 feet on Marlborough Street, north side, for . . 12,348 00
43,512 feet in all, sold for $168,364 00
4 HARBOR AND LAND COMMISSIONERS. [Jan.
The prices of lots have been gradually advanced from time
to time. The highest price per foot obtained in 1883, was
$4.50, the lowest price $3.00, and the average price $3.8693.
Nearly one-half of all the land remaining for sale at the
beginning of the year 1883 was disposed of during the
year.
The land still unsold is located as follows : —
On Boylston Street, north side, .
Boylston Street, south side, .
Newbury Street, south side, .
Commonwealth Avenue, south side,
Marlborough Street, north side, .
Total unsold,
17,136
7,875
8,400
3,237
8,008
44,656
A summary statement is here presented, showing the sales
and other disposition of the Back Bay lands, the gross re-
ceipts and expenditures, and the net proceeds, on account of
the same, from the beginning of the enterprise to the present
time : —
In 1857, the Commonwealth owned on the Back Bay,
Of which there have been donated, .
Devoted to streets and passage-ways,
Sold, as per last Report, . 2,235,453.40
Sold in 1883, . . . 43,512.00
363,308.00
2,037,068.60
2,278,965.40
44,656.00
L,755,239 17
168,364 00
Remaining for sale December 31, 1883,
The gross proceeds of land sold, as per
last Report,
The gross proceeds of land sold in 1883, .
Rights in Parker Street sold, as per last
Report,
Cost of filling, grading, etc., as per last
Report, . $1,626,008 71
Cost of auction sales, as per last Report, . 14,291 78
FEET.
4,723,998
4,723,998
14,923,603 17
2,300 00
4,925,903 17
1,640,300 49
Net proceeds to December 31, 1883, .
!,285,602 68
1884.] PUBLIC DOCUMENT — No. 11. 5
Buildings on the Back Bay.
The attention of the Board is called with increasing fre-
quency to cases of the alleged erection or use of buildings,
on the Back Bay, iu a manner contrary to the stipulations of
the deeds by which the premises have been granted by the
Commonwealth ; or its advice is sought in regard to the
proper manner of the erection and use of such buildings.
With the growing tendency of owner and architect to
engraft new features upon the plans and style of building,
an increased strain is brought to bear on the limitations of
the deed. Variety of architectural effect, so far as it is
attainable within the limits of correct taste, and with a due
regard for rights which the Commonwealth is bound in good
faith to protect, and without impairing the force of regula-
tions which it is for the interest of all to maintain, — ought
not to be discouraged.
The restrictions which inhere in the title of the Back Bay
lots, were wisely adapted to make them desirable to pur-
chasers, and to enhance their value to both seller and buyer,
by carefully guarding the manner of their occupation and
use. The intention was, and the result has been, to make
the Back Bay an especially attractive place for residence,
and for such other uses and pursuits as shun the annoyance
and unsightliness of the factory and workshop, and the en-
croachments of business and trade.
The plans of the Commonwealth were taken on a liberal
scale. Large areas were devoted to public use and orna-
ment. Spacious avenues were laid out, and their breadth
and elegance were made still more effective by the reserva-
tion of ample marginal spaces for turf, shrubbery and other
ornamentation, upon which no building should encroach ex-
cept under strict and uniform limitations. All buildings
were required to be of a height in keeping with the general
scale ; and no building was suffered to obstruct the light and
outlook of other buildings more than its own were liable to
be obstructed.
Owners of estates who have been induced to purckase by
reason of these regulations, and who have kept within the
stipulations of their deeds in the erection and use of build-
6 HAEBOR AND LAND COMMISSIONERS. [Jan.
ings on their own lands, have just ground of complaint if
others are allowed to disregard them ; and the Common-
wealth would be guilty of gross neglect if, by its proper
agents, it made no effort to prevent or remedy the wrong.
There is already ample reason to apprehend the effect of
infringements which, though not serious in themselves, in-
volve the principle of the restrictions, and become mis-
chievous precedents for larger and bolder encroachment.
The distinctive character of the Back Bay, in the features
here referred to, can be kept intact and permanent, only by
resolutely maintaining the limitations upon its occupation
and use which have made it what it is.
The consequences of a violation of restrictions which
attach in perpetuity to the title derived from the Common-
wealth, are so serious to the owner of the estate, — exposing
him to the peril of intrusion and legal interference, and
operating like a cloud on the title to impair the market
value of his property, — that it may be presumed that such
violations occur oftener from ignorance, or inadvertence, or
bad advice, than from deliberate purpose.
For the convenience of the Board upon occasions when
its advice or direction may be hereafter sought, and also, it
is hoped, for the better information of all interested parties,
an attempt is made, on the following pages, to reduce the
stipulations of the deed to a system of rules, with notes and
illustrations intended to make their meaning and intent
clear. Some of the latter may seem too obvious to require
statement, but the need of most of them has been suggested
by cases within the experience of the Board.
It is desirable first to state, so far as applicable to the
matter now in hand, the precise terms of the stipulations
embodied in the deed, and also in the bond for a deed
usually given at the time of the 'original purchase.
1884.] PUBLIC DOCUMENT — No. 11. 7
Pro visions of the Back Bay Deeds.
/
All deeds/? an(^ bonds for deeds, of Back Bay lands
granted by ^e Commonwealth since January 28, 1863, have
contained Ahe following clauses, — others, not material to
the prese/"t purpose, being here omitted : —
This /conveyance is made upon the following stipulations and
agreem/ent :
1, € That any building erected on the premises shall be at least
three ^stories high for the main part thereof, and shall not, in any
evenJPt, be used for a stable, or for an}r mechanical, [mercantile, if
them building is on Commonwealth Avenue, ~\ or manufacturing pur-
p^oses.
2. That the front wall thereof, on [avenue or street], shall be
set back [twent}7, twenty-two, o?*twent}-five, according to location,]
feet from said [avenue or street] ; provided, that steps, windows,
porticoes, and other usual projections, appurtenant to said front
wall, are to be allowed in this reserved space of [twent}7, twent}T-
two, or twenty-five] feet, subject to the following limitations,
namely :
First, that no projection of any kind (other than doorsteps and
balustrades connected therewith, and also cornices at the roof of
the building), will be allowed to extend more than five. feet from
said front wall into said space ; and
Second, that no projection in the nature of a bay-window,
circular front, or octagon front, with the foundation wall sustaining
the same (such foundation wall being a projection of the front
wall) , will be allowed, unless any horizontal section of such projec-
tion would fall within the external lines of a trapezoid whose bas^
upon the rear line of the aforesaid space does not exceed seven!
tenths of the whole front of the building, nor exceed eighteen feel
in any case, and whose side lines make an angle of forty-five
degrees with the base ; and each house in a block shall be con-
sidered a separate building within the meaning of this limitation.
3. That no cellar or lower floor of any building shall be placed
more than four feet below the level of the mill-dam, as fixed by^
the top surface of the hammered stone at the south-easterly corner]
of the emptying sluices.
4. That a passage-way, [sixteen or twent3T-five, according tc
location,'] feet wide, is to be laid out in the rear of the premises
the same to be filled in by the Commonwealth and to be kept opej
and maintained by the abutters in common.
8 HARBOR AND LAND COMMISSIONERS. [Jan.
And said Commonwealth reserves the right to# enter upon the
premises, by its agents and at the expense oh the party at
fault, to remove or alter, in conformity with the abovmp stipulations,
any building, or portion thereof, which may be erMected on the
premises by the said grantee, or his representatives orm assigns, m
a manner, or to a use, contrary to the above stipulations
And the said Commonwealth doth covenant with ^^he said
[grantee], and his assigns, that the afore-granted premiBfcses are
free from all incumbrances, except as mentioned in said ^stipula-
tions above recited.
The corresponding clauses in the deeds and bonds g«^en
prior to January 28, 1863, — comparatively few in numo^|r'
— were the same as the foregoing, with the exception of tl
second clause, which read simply as follows : —
2. That the front wall thereof, on [avenue or street], shall be
set back [twenty, twenty-two, or twenty-five, according to location,']
feet from said [avenue or street] ; provided, that steps, windows,
porticoes, and other usual projections appurtenant thereto, are to
be allowed in said reserved space of [twenty, twenty-two, or
twenty-five] feet.
It is stated in the Twelfth Annual Report of the Commis-
sioners on Public Lands (1863), that the " more specific
terms" of this clause, in the amended form first above
given, were employed, after consultation with eminent archi-
tects, " to avoid the confusion in which the subject [of pro-
jecting fronts] was in danger of becoming involved here-
fter, from the interpretation of the phrase usual projections,
phich each purchaser would refer to the date of his deed."
t also appears by the testimony of Franklin Haven, chair-
man of the Commissioners, as reported in the case of Linzee
v. Mixer, 101 Mass. 523, that this amended form was not
considered as changing the substantial meaning and intent,
>ut as being a " fair construction of the restrictions and limi- .
feat-ions of the former deed."
1884.] PUBLIC DOCUMENT — No. 11. 9
Rules for the Erection and. Use of Buildings on
Back Bay Lands granted by the Commonwealth.
/. Height and Grade of Building .
1. The main part of the building must be at least three
stories high.
There must be at least three stories above the grade of the
street. A French or Mansarchroof story has been accepted as one
of the stories required.
A church, or public hall, should be of a height in keeping with
the scale here indicated, but the second and third floors ma3T, of
course, be omitted.
2. No cellar or lower floor of any building can be placed
more than four feet below the level of the mill-dam, as
fixed by the top surface of the hammered stone at the south-
easterly corner of the emptying sluices.
The " hammered stone" is no longer accessible as a grade
monument, but its level has been transferred to other monuments,
and the proper grade for the building is furnished by the Inspector
of Buildings or City Surveyor of the city of Boston.
The boundary lines of lots, and the line for the front wall of
buildings, are located under direction of this Board, on application
at this office.
II Location of Building on Lot.
1. The front wall of the building, if located on either
side of Commonwealth Avenue, must be set back twenty feet
from said avenue ; if located on the north side of Boylston
Street, on the south side of Beacon Street, or on either side
of Newbury Street or Marlborough Street, twenty-two feet ;
and, if located on the south side of Boylston Street, twenty-
five feet, from said streets respectively.
The entire wall must be set back the distance specified, so that
its face will be on the rear line of the reserved space.
Taking this clause literally, the front wall must be set back the
prescribed distance, neither more nor less. Other clauses in the
10 HARBOR AND LAND COMMISSIONERS. [Jan.
deed, and the rules as here given, assume that it will be so placed.
In the case of a detached building, — a public building, for ex-
ample, occupying a square, or with open areas on each side, —
there seems to be nothing in the reason of the restriction to pre-
vent its being placed as far back as desired. It is hardly to be
conceived that the owner of a building in a block, would place it
further back than required by the deed. If, however, it is allow-
able to so place any building, and it is so placed, its projections,
so far as thej^ project bej'ond the rear line of the reserved space,
must conform to the limitations of the deed in the same manner as
if the front wall were on that line.
As regards buildings on corner lots, which have a secondary
frontage on Arlington Street, or other parallel street crossing
Commonwealth Avenue and the streets above named at right
angles, there is no requirement in the deed of airy reserved space
between the building and such cross street.
2. A passage-way, in rear of the premises, twenty-jive
feet wide, if the lot is located on the south side of Boylston
Street, and sixteen feet wide, if the lot has any other loca-
tion above specified, must be kept open and maintained by
the abuttors in common.
No part of the building can project into or over this passage-
way. The passage-way must be kept open its full width from the
ground up to the sk}^. See Schwoerer v. Boylston Market Associ-
ation, 99 Mass. 285.
III. Projections of and from. Front Wall of Building.
Steps, windows, porticoes, and other usual projections,
appurtenant to the front wall of the building, may be ex-
tended into the reserved space aforesaid, subject to the
following limitations : —
(1) Only usual projections are allowable.
In determining what is usual, reference must be had to usage
in the city of Boston, established at the time of the original pur-
chase from the Commonwealth, and not to usage which may be
established at the time of the erection of the building.
Usual implies general use. A single, or a few, precedents or
examples do not make a usage.
Projections must be usual in kind and in character. Details
1884.] PUBLIC DOCUMENT — No. 11. 11
of style and construction may be varied at pleasure ; but projec-
tions which involve new methods or principles of construction,
and require a larger occupation of the reserved space, are not
allowable.
In particular, no usage or precedent which is contrar}^ to, or in
violation of, the express stipulations and limitations of the deed,
can be adopted as a guide. " Usage may be admissible to explain
what is doubtful ; it is never admissible to contradict what is
plain."
The case of Linzee v. Mixer, 101 Mass. 512, arose under the
earlier form of deed which contains no specific limitations of pro-
jecting fronts. It was proved or admitted in this case, that an
octagonal projection of the whole front wall of a dwelling house,
except twent}-one inches at each end of the front, — such projec-
tion extending from the ground to the roof, and the extreme
distance of projection being four feet eight and one-fourth inches,
— was a usual projection in the city of Boston. But it was held
to be in violation of the restrictions of the deed, as being sub-
stantially a projection of the whole front wall into the reserved
space, contrar3T to the express stipulation that the front wall should
be set back twenty-two feet.
(2) All projections must be appurtenant to the front
wall of the building.
Allowable projections are of two classes : —
First, Projections of the front wall.
Second, Projections from the front wall.
It will be important to observe this distinction hereafter.
Every projection must be a projection of, or a projection from,
the front wall. In other words, the base of the trapezoid or rec-
tangle, (within one of which figures, as will be hereafter seen, every
horizontal section of every projection must fall,) must rest upon
the front wall, and not wholly or in part upon another projection.
One projection cannot be appurtenant to another projection, —
that is, cannot be a projection of, or a projection from, another
projection. Porticoes and doorsteps, for example, must project
from the front wall, and not from a bay-window, circular or octa-
gon front.
12 HARBOR AND LAND COMMISSIONERS. [Jan.
- (3) Doorsteps, and balustrades connected with door-
steps, and cornices at the roof of the building, may project
from the front wall into the reserved space without limit of
distance.
Such projections are subject to all other limitations applicable to
projections of the second class.
(4) No projection of any kind, other than those last
named, can extend more than five feet from the front wall
into the reserved space.
No part or member of such projection can extend beyond the dis-
tance named. Every horizontal section of any projection, except
those specified in limitation (3), must fall within a line parallel to,
and five feet distant from, the face of the front wall.
(5) No projection in the nature of a bay-window, circu-
lar front, or octagon front, with the foundation wall sustain-
ing the same (such foundation wall being a projection of the
front wall) , is allowed, unless any horizontal section of such
projection would fall within the external lines of a trapezoid
whose base upon the rear line of the aforesaid reserved space
does not exceed seven-tenths of the whole front of the build-
ing, nor exceed eighteen feet in any case, and whose side
lines make an angle of forty-five degrees with the base.
Each house in a block is to be considered a separate build-
ing within the meaning of this limitation.
The fourth side of the trapezoid must come within the preceding
limitation (4).
This limitation (5), and the following limitation (6), apply to
all projections of the first class.
The distinctive feature of a bay-window, circular or octagon
front, is, that it is formed by a projection of the front wall ; and
all projections so formed, tor the purpose or with the effect of en-
larging the interior spaces of the building, or of enclosing spaces
in advance of the line of its front wall, are projections in the nature
of a bay-window, circular or octagon front, and are subject to all
the limitations of such projections.
A portico is an outside space at the entrance of a building, cov-
ered with a roof supported by columns or posts, with front and
1884.] PUBLIC DOCUMENT — No. 11. 18
sides open to the light and air ; and, as such, is subject to the
limitations of projections of the second class. If, however, the
front and sides are enclosed by a projection of the front wall, it ceases
to be a portico, and becomes a projection in the nature of a ba}*-
window, and subject to all the limitations of projections of the
first class. If the outside door of a building were placed in such a
projection, it would not admit of a portico. See limitation (2),
page 11.
The owners of two adjoining houses cannot, by concert of plan,
combine their fronts, and therebjT enlarge the amount, or change
the character, of the projection of either or both fronts : e.g., a
house of 20 feet front admits of a limiting trapezoidal base of 14
feet ; one of 30 feet front, 18 feet. Each base must rest upon its
own front. The fronts cannot be treated as two fronts of 25 feet,
admitting of two bases of 17 J- feet, nor can they in any respect, as
regards projections, be treated as one front of 50 feet.
(6) Any number of projections of the front wall of a
building, in the nature of a bay-window, circular front, or
octagon front, are allowable, provided, (1) that the bases of
all the limiting trapezoids within which their horizontal sec-
tions must severally fall, do not together exceed seven-tenths
of the whole front of the building, and (2) that no one of
the said bases exceeds eighteen feet.
The limitation in the deed was obviously drawn with special
reference to dwelling houses on lots of an ordinary frontage, and
practically admitting of only one such projection. How shall the
limitation be applied to a longer front, say of 100 feet? Evidently
according to the intent, — - which is, that not over seven-tenths of
the whole front shall be so projected, and that every such projec-
tion shall be limited by a trapezoid whose base does not exceed
18 feet. See Diagram No. 1, on page 15.
The limitation, as above stated, supposes the projections to be
placed laterally to each other on the same level of the front, and
not as under limitation (9), page 16.
Each house in a block is, of course, to be considered a separate
building in applying this limitation.
14 HARBOR AND LAND COMMISSIONERS. [Jan,
(7) Any horizontal section of a projection not in the
nature of a bay-window, circular front or octagon front,
must fall within the external lines of a rectangle whose base
is upon the rear line of the aforesaid reserved space.
This limitation applies to all projections of the second class.
The manifest purpose of all the limitations is, to require that the
building, as defined by its front wall, shall actually, and in appear-
ance and effect, stand back the prescribed distance from the street ;
and to keep its projections within such limits as not to form or
have the effect of a continuous and advanced front.
It is to this end that the sides of the limiting trapezoid of the
bay-window and other projections of its class, are required to
converge at angles of 45°, thereby cutting off the corners of this
important projection, and narrowing its front to less than half of
its base. Triangular spaces are thus left between the sides of the
trapezoid and the sides of a rectangle standing on the same base,
as indicated by the letter C in the Diagrams on page 15. These
triangular spaces are clearly intended to be left open and un-
occupied by any projection whatever. If the side lines of the
sections of other projections on either side of the bay-window may
diverge, and encroach upon these spaces, the spaces may be filled
up, and a continuous horizontal projection may thus be formed
across the front of the building, and substantially the whole front,
to a greater or less height, advanced into the reserved space. The
main purpose of the limitations might thus be wholly evaded.
Hence the general rule, that every projection must keep within
its own base.
(8) If two projections are placed laterally to each other
on the same level of the front, the base of the trapezoid
or rectangle limiting the one must not overlap the base of
the trapezoid or rectangle limiting the other.
This limitation, which applies to projections of both classes,
rests upon the same reasons as the last, and is equally necessary
to give effect to the limitations of the deed.
To apply the last two limitations to the common case of a bay-
window and portico placed side by side on the same front, and
referring to the Diagrams on page 15, — the base of the rectangle B
which limits the portico, must not overlap the base of the trape-
zoid A which limits the bay-window ; and no part or member of
either portico or bay-window must encroach upon the triangle C
which lies between the rectangle and the trapezoid.
1884.]
PUBLIC DOCUMENT — No. 11.
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(9) Projections without limit of number, class or kind,
may be placed one above another, without intervening spaces,
if each projection is in all other respects within the restric-
tions and limitations applicable to its class and kind.
There is nothing in the letter or spirit of the foregoing limita-
tions in conflict with this limitation. A portico, for example, may
support a bay-window, if the portico, as such, and the bay-window,
as such, are each otherwise allowable.
It is not necessary that the projections be placed vertically one
above another. It is sufficient if they occupy wholly different
levels of the front.
Before leaving the subject of Projections, it may be
remarked, that the foregoing limitations, as well as the notes
and illustrations, have special application to what may be
called optional and movable projections, which may be added
to the front wall or not, as the owner pleases, and, if added,
may, within certain limits, be located and grouped at
pleasure. They do not apply in all cases with the same
force to what may be called necessary projections, forming
an essential part of the building, and having a fixed place
and function in its structure. The cornice at the roof of
the building, and the water-table at the base of the wall, for
example, are in their nature continuous projections extending
across the whole front of the building, and nothing on the
foregoing pages is to be understood as interfering in such
cases with the usual and necessary modes of construction.
IV. Prohibited Uses of Building.
The building must not, in any event, be used for a stable,
for any mechanical or manufacturing purposes, nor (if
located on Commonwealth Avenue) for any mercantile
purposes.
No part of the building can be so used.
On the 27th of November, 1858, the Commissioners on the
Back Bay passed the following vote, which is copied from their
records : — " Voted, That it is understood that the Commonwealth
will not enforce the stipulation and agreement of the deed, that
buildings erected on the Back Bay shall not, in any event, be used
1884. J PUBLIC DOCUMENT — No. 11. 17
for a stable, in such manner as to prevent the erection and use of
private stables by gentlemen as appurtenances to their own dwell-
ing houses ; provided, such stables are so constructed and used as
not to be justly offensive to the occupants of the surrounding
buildings."
All of the printed Catalogues, prepared and used in connection
with the several auction sales of Back Bay lots, have contained a
copy of the deed proposed to be given to purchasers, in the usual
form, with a note appended, and a reference to the note at the
word stable, as follows: — "It is understood that the Common-
wealth will not enforce the stipulation and agreement of the deed,
that buildings erected upon the Back Bay shall not, in any event,
be used for a stable, in such a manner as to prevent the erection and
use of private stables \yy purchasers as appurtenances to their resi-
dences ; provided, such stables are so constructed and used as
not to be justly offensive to the occupants of the surrounding
buildings."
With a few exceptions, the foregoing vote and catalogue note
have nut been embodied in the deeds given to purchasers,
whether at public or private sale, either in terms, in substance, or
by any reference thereto. How far the absolute prohibition of
use for a stable, in a deed given in the usual form, may be qualified,
in point of law, by these extraneous memoranda, query. Their
purport as a collateral agreement is, that the Commonwealth, the
grantor, will forbear to enforce the restriction regarding stables
according to the strict letter of the deed. The deed itself gives no
notice of such agreement to forbear. Assuming that the Common-
wealth is bound, it may be a question how far the right of grantees
under such deeds to enforce the restriction as against each other,
as hereafter explained, is thereby abridged, — so far, at least, as
purchasers at private sale, without express or actual notice of the
collateral agreement, are concerned.
If the right to a stable exists in any case, such stable
(1) Must be strictly a private stable.
(2) Must be used by the owner or occupant of a dwelling
house on the same premises as an appurtenance to such dwell-
ing house.
(3) Must be so erected and used as not to be justly offensive
to the occupants of the surrounding buildings.
The other prohibited uses would, at the least, include the use of
any building, or part thereof, as a factory or shop for the manu-
facture of articles intended for the market, or for the exercise of
any mechanical trade or occupation with a view to profit and
18 HARBOR AND LAND COMMISSIONERS. [Jan.
general patronage ; and, if the building is on Commonwealth Ave-
nue, as a store or shop for traffic in merchandise or the sale of
goods and articles to the general public.
V. Remedies for Violation of Stipulations of Deed.
(1) There is expressly reserved to the Common wealth,
in the deed, the right to enter upon the premises, by its
agents and at the expense of the party at fault, to remove
or alter, in conformity with the stipulations of the deed, any
building, or portion thereof, erected on the premises by
the grantee, or his representatives or assigns, in a manner,
or to a use, contrary to said stipulations.
(2) Chapter 264 of the Acts of the year 1866 contained
the following provisions, which are now incorporated in the
Public Statutes, Chapter 19, Section 5,
In all cases where the Commonwealth has the right, by its agents
and at the expense of the party at fault, to enter upon premises
and remove or alter a building, or a portion thereof, by virtue of
the agreements or stipulations in a deed or deeds given in its
name, all grantees under such deeds, and their legal representatives
and assigns, shall have the right by proceeding in equity to compel
the said Board [of Harbor and Land Commissioners] so to enter
and remove or alter such building or portion thereof. The supreme
judicial court shall have full jurisdiction of such proceedings, and
shall have full power to make such orders and decrees as justice
and equity may require to make the rights hereby granted effectual,
and the attornej'-general shall in all such proceedings appear for
said Board and attend to the interests of the Commonwealth.
It was decided in the case of Linzee v. Mixer, 101 Mass.
512, which was a bill in equity filed under this statute to
compel the alteration of a building, the Commissioners on
Public Lands being joined as defendants, — that all of the
grantees under such deeds need not be joined as parties in
such proceeding, but that each grantee may so proceed at
his own option.
The right of resort to a court of equity to enforce a com-
pliance with the stipulations of the deed, was not, however,
conferred by, and does not rest upon, the above statute, —
the main purpose of which seems to have been to supply an
1884.] PUBLIC DOCUMENT — No. 11. 91
additional remedy, by providing a method of compelling the
agents of the Commonwealth to exercise the right to enter,
and to remove or alter a building, which is reserved in the
deed.
Before the passage of the above Act of 1866, it was well
established that deeds of parcels of the same tract of land,
given by the same grantor, and containing like restrictions
upon the manner of use and of building thereon, create an
equitable easement in the estate of each grantee in favor of
the grantor and of all other like grantees, which a court of
equity will recognize and protect by enforcing compliance
with the stipulations of the deed. Relief is thus granted by
the court not only to the grantee of an adjoining lot, or of a
lot abutting on the same street or passage-way, but to the
grantee of any lot in the entire tract so parcelled out ; and
not only to the grantor and his immediate grantees, but to all
who hold by mesne conveyance or otherwise under immediate
grantees.
An important condition, however, attaches to the use of
this remedy by one grantee or his assigns as against another.
If the former would avail himself of his right to compel a
compliance with the stipulations of the deed by resort to a
court of equity, he must seasonably and with due diligence,
after notice or knowledge of the alleged improper structure,
advise the other party of his objections thereto, either
directly, or through the intervention of the agents of the
Commonwealth, or otherwise. He cannot, by silence and
inaction, and with apparent acquiescence, allow the structure
to be advanced to completion, without endangering or wholly
losing his right to relief in a court of equity. "It would
be contrary to equity and good' conscience to suffer a party
to lie by and see acts done involving risk and expense by
others, and then permit him to enforce his rights and there-
by inflict loss and damage on parties acting in good faith.
In such cases, a prompt assertion of right is essential to a
just claim for relief in equity." Bigelow, J., in Whitney v.
Union Railway Co., 11 Gray, 367. See also Linzee v.
Mixer, 101 Mass. 526-8, in which the general principle just
stated, as regards negligence or laches, is applied by the
court, Ames, J., to the facts in that case.
18 HARBOR AND LAND COMMISSIONERS. [Jan.
(3) In the case of the Attorney General v. Gardiner,
117 Mass. 492, it appeared that a certain structure, on a lot
on Commonwealth Avenue, was in violation of the restric-
tions in an indenture between the Commonwealth and the
Boston Water Power Company, providing for the concerted
laying out of said avenue over their adjacent Back Bay
lands, and regulating the manner of building thereon, — and
also in violation of the restrictions in the deed by which the
lot in question had been conveyed by the Commonwealth.
The particular restriction violated was that requiring all
buildings on Commonwealth Avenue to be set back twenty
feet, with an allowance of usual projections. The unauthor-
ized structure was built in this reserved space of twenty
feet. It was held in this case, that the Commonwealth
might enforce this restriction by an Information in Equity,
filed in its behalf by the Attorney General, against any per-
son bound thereby ; and, upon such an information, the
structure was ordered to be removed.
The court, Gray, C. J., in the opinion in this case, says :
— " No question of laches appears to have been made at the
hearing, or is reserved in the report, or, upon the facts
found, could avail the defendant."
The following opinion of the late Attorney General Mars-
ton, given in reply to inquiries which are necessary to its
full meaning, is here presented as covering points of interest
in this connection.
(Copy.)
Harbor and Land Commissioners' Office,
Boston, November 20, 1882.
Hon. George Marston, Attorney General:
Dear Sir : The Commonwealth has conveyed a large portion
of its Back Bay lands by deeds in the form hereto annexed [con-
taining the same clauses as those already given on pages 7 and 8].
You will observe that the deed provides that a passage-way,
sixteen feet wide, in the rear of the premises conveyed, is to be
'•''kept open" by the abutters in common, and that a right is
reserved to the Commonwealth to enter " by its agents" and
remove any structure erected contraiy to the stipulations of the
deed.
A bay-window, it is alleged, has been erected by a grantee under
such deed, in or over such passage-way, in violation of the terms
1884.] PUBLIC DOCUMENT — No. 11. 21
of the deed. The Commonwealth still holds lands abutting on the
same passage-way, the value of which is, or ma}7 be, affected by
the unlawful structure. Complaint is also made to this Board by
other grantees or purchasers of lands on the passage-way in ques-
tion, of injury to their estates from the same cause. So far as is
known, the bay-window complained of, and the building of which
it forms a part, were fully completed before the present members
of the Board, or their predecessors, or any persons having official
charge of the Back Bay lands, had any notice or knowledge of
their intended or actual erection.
The following questions are respectfully submitted for your
opinion and advice : —
1. Are the Harbor and Land Commissioners "agents" of the
Commonwealth within the meaning of the deed, so that the right
reserved to enter and remove such unlawful structure may be
exercised by them?
2. If the Commissioners are such agents, have they a right
under the deed, or have they a right as Commissioners under
chapter 19 of the Public Statutes, or under an}7 law, to enter and
remove such unlawful structure upon their own judgment and sense
of official duty, without any preliminary proceedings in law or in
equity to determine the lawfulness of such structure and the rights
of all parties in relation thereto ?
3. If they do so enter upon their own motion, and remove a
structure in their judgment unlawful, do they incur personal
liability if such structure is adjudged not to be unlawful?
4. Can the Commissioners institute, or cause to be instituted,
any proceedings, in law or in equity, by which the right of the
Commonwealth to remove, or the right of the respondent to main-
tain, the structure in question, can be first judicially determined,
and a judgment, order or decree of the court obtained accordingly ?
Has the Commonwealth any remedy in such case by resort to the
courts, and, if so, what is the remedy?
5. Can negligence or laches be set up as an objection or defence
to any proceedings on the part of the Commonwealth, or the Com-
missioners, to remove such structure ?
6. Can a grantee whose deed is subsequent to the erection of
the structure complained of, be deprived of the remedy provided
in chapter 19, section 5, of the Public Statutes, on the ground of
negligence, delay or laches?
I am, very respectfully, yours,
For the Harbor and Land Commissioners,
John E. Sanford, Chairman.
22 HAEBOR AND LAND COMMISSIONERS. [Jan.
(Copt.)
Attorney-General's Office, Boston, November 21, 1882.
Hon. John E. Sanford, Chairman, etc. :
Dear Sir : To yours of the 20th instant, I have the honor to
reply as follows : —
1. I am of opinion that the Harbor and Land Commissioners
are the agents of the Commonwealth in the matter referred to.
The authority given in Public Statutes, chapter 19, section 3, to
" prevent further encroachments and trespasses," is sufficient to
authorize action to prevent the farther continuance of existing
encroachments and trespasses.
2. In mj' opinion, the Commissioners have the right and power
by law to enter and remove an unlawful structure such as is
referred to in this inquiry.
3. In H13- opinion, the Commissioners would incur personal
liabilitj' if it should appear that the structure which they assumed
to remove was not unlawful.
4. But it is much better to resort to the courts ; and, in my
opinion, the Supreme Judicial Court has jurisdiction in equity
adequate to reach the remedy, as for a nuisance, and probably
otherwise. I should prefer to include as complainant some person
interested alike with the Commonwealth.
5. I do not think laches or neglect can be set up against the
Commonwealth or the present Commissioners.
6. Nor do I think a subsequent purchaser can be affected by
laches; though this may admit of some question.
Very respectfully, etc.,
Geo. Marston, Attorney- General.
1884.] PUBLIC DOCUMENT — No. 11. 23
South Boston Flats.
Progress of the Work.
The scheme for the improvement of the South Boston
Flats, as originally conceived, and as in process of execution,
contemplates the reclamation of an area of flats and shoal
water extending from the northerly shore of South Boston
to the main channel of Boston Harbor, with a deep-water
frontage of 2J- miles reaching from Fort Point Channel to
Castle Island. The whole extent of this area, excluding the
portion previously given to the Boston Wharf Company, is
710 acres.
It was obvious that the filling of so large a territory would
require a considerable period of time, and that it would not
be wrise to take the whole tract in hand at once. The work
naturally began at the Fort Point Channel end, nearest the
city proper, and has extended thence, section by section,
eastward towards Castle Island.
There has already been walled in, filled and sold, or sold
to be filled and improved by the purchaser, a tract of 82||q
acres lying nearest Fort Point Channel. The total price
obtained was $1,539,519.20, of which $552,987.20 has been
actually received in cash. Of the unpaid balance, $86,532
will be due July 1, 1890; $800,000 will be due May 1,
1891 ; and $100,000 will be due May 1, 1892, — making an
unpaid total of $986,532, on all of which interest is payable
semi-annually, on the first two sums at the rate of four per cen-
tum, and on the last at the rate of five per centum, per annum.
Of the 82lyo- acres so disposed of, all (except t|q of an
acre) has been sold either directly to the New York and
New England Kailroad Company, or has passed by transfer
into its hands, and is now in the occupation of that com-
pany, which has expended large sums of money in filling, in
the erection of buildings and docks, and in other improve-
ments thereon. As security for the unpaid purchase money,
the Commonwealth still retains the fee of the entire prem-
ises, and cannot be called upon to give a deed of any parcel
thereof until all payments of principal and interest have
been made, and all filling and other work done, and all
24 HARBOR AND LAND COMMISSIONERS. [Jan.
other conditions performed, as required by the legislative
acts, or by the indentures and agreements, relating to such
parcel .
It is proper to add that one of these parcels, the "12-
acre lot," so called, was required by chapter 260 of the Acts
of 1880 to be filled to the grade of 13 feet above mean low
water before April 25, 1883. The railroad company has
done no work on this lot since September, 1882, and 38,085
cubic yards of filling are yet to be done. Hardly any work
has been done on the " 50-acre lot" since December, 1882,
although the work is agreed to be performed with all prac-
ticable despatch, and over GO, 000 cubic yards of filling, be-
sides pier work, remain to be done. On these two lots
together, there are 3,717 cubic yards of filling yet to be
levelled off. It is important for the Commonwealth that this
agreed work should be completed, because the successful
development of its own property lying beyond will be hin-
dered if the improvement of these intervening parcels is too
long delayed.
Turning now to the work of the Commonwealth in the
further reclamation and improvement of these flats, — four
additional sections, adjacent to those sold as above, are now
in process of filling :
1. A section of 16t5q3q acres under a contract with
Thomas Potter, dated August 28, 1880. The time for the
completion of this contract, which has been twice extended,
will expire June 1, 1884, and the agreed work is expected
to be finished by that date. During the year 1883, there
have been deposited under this contract 188,957 cubic
yards of dredged material, equivalent, when levelled, to
i^tVo acres of completed work, — by which is meant so much
area filled with material dredged from the harbor to the
grade of 13 feet above mean low water. This grade is to be
hereafter raised by gravel filling, When and where found
necessary, to a street grade of 16 feet above mean low water.
2. A section of 44^^- acres, under contract No. 1 with
the New England Dredging Company, dated August 12,
1881. This contract bids fair to be completed by the time
agreed, August 18, 1885. During the last year, 254,138
cubic yards of dredged material have been deposited under
1884.] PUBLIC DOCUMENT — No. 11. 25
this contract, equivalent, when levelled, to 13^ acres of
completed work.
Under both of the above contracts, an important secondary
object is accomplished. The contractors are required to
obtain the material for filling by dredging shoal places in
the harbor proper to the depth of 23 feet at mean low water.
About 72 acres have thus been already added to the deep-
water area of the harbor in connection with the work at
South Boston, all of which will be made fully available,
probably before the close of present year, by the com-
pletion of the removal of the shoal in the main channel
near the mouth of Fort Point Channel.
3. A section of 30T2-09^ acres, under contract No. 2 with
the New England Dredging Company, dated July 1, 1882.
During 1883, there have been deposited, under this contract,
108,725 cubic yards of dredged material, equivalent, when
levelled, to 7T|7 acres of completed work.
This contract differs from the preceding in that the con-
tractor is not required to dredge the material deposited by
him, but to receive all proper material brought to him by
other parties for which a dumping-ground is sought, and
which, if not so utilized, would be wasted, or might work
injury to the harbor by being dumped in improper places.
The amount deposited under this contract represents approxi-
mately the amount of miscellaneous dredging done in Boston
upper harbor during the year by the United States and other
parties, except that done for the Commonwealth as above
specified, and that done by the Mystic River Corporation.
Under all of the above contracts, the dredged material is
first dumped from scows at receiving or elevating stations,
is again hoisted by dredging machines into cars, and con-
veyed by locomotives over tramways to the place of final
deposit, where it is levelled to the required grade.
4. A section of 8^-$ acres nearest to the original shore
line, and in rear of the above sections, has been reserved
out of the above contracts, and is in process of filling at a
small cost by the deposit from carts of ashes and other
proper refuse material for which a dumping-place is sought
by the city of Boston and other parties. About 40,000
cubic yards of such material have been deposited during
26 HARBOR AND LAND COMMISSIONERS. [Jan.
1883, making an area of about 2\ acres of completed
work.
In all, 99^-ff acres are now under treatment as aforesaid,
on which 591,820 cubic yards of material, equivalent to
33j2^ acres of work completed to grade 13, have been
deposited during 1883, — an amount greater by 190,000
cubic yards and 13 acres than in any previous year.
The whole amount of work done in 1883 and previous
years on the area of 99t4q60- acres now under treatment, is
equivalent to 55^^ acres completed to grade 13.
There have also been built during the last year 176 linear
feet of bulkhead to hold and protect filling, and about 1,000
feet have been repaired and strengthened.
A Plan of a part of Boston Harbor appended to this Re-
port, though specially prepared for another purpose, will
exhibit to the eye the tract already sold, the sections now
in process of filling as above specified, and the area yet to
be taken in hand, in connection with this great enterprise.
Acquisition of Riparian Rights.
With a view to obtaining full control for purposes of re-
clamation, provision was made by chapter 446 of the Acts of
1866, and by subsequent acts and resolves, for the purchase,
in the name and behalf of the Commonwealth, of the rights
of all other parties in and to the flats along the South Bos-
ton shore as far east as the easterly line of E Street ex-
tended, which coincides nearly with the westerly line of
Monks Wharf.
A strip of flats along the upland, already partially im-
proved by the riparian owners, 220 feet in width, lying
between First Street and a projected parallel street called
Cipher Street, was left out of the purchase for the owners to
fill and further improve on their own account. All known
claims to title in all the rest of the flats between B Street on
the west and E Street on the east, have been extinguished by
purchase and conveyance to the Commonwealth, except an
undivided ^th interest in the " Cains Lot" adjoining B
Street, and an undivided ^g-ths interest in the " Fan Piece "
near D Street.
Repeated efforts have been made to buy these outstanding
1884.] x PUBLIC DOCUMENT— No. 11.
rights, and appropriations for that purpose have been m
and renewed from time to time, the last of which has
now lapsed. Pecent negotiations have left the impressio1
that the parties are not anxious to sell at any reasonable
price, and prefer to bide their time. Meanwhile the work
of filling goes on. The Commonwealth is exempt from
suits, and suffers no present inconvenience ; but, when ready
to sell, will be unable to give a perfect title, and may be
seriously embarrassed in finding a purchaser or getting its
price.
Viewing the work at South Boston as a great public har-
bor improvement, — which was and is its primary object, —
the legislature has wisely determined that the acquisition
and control of these flats is a necessary step in its execu-
tion ; and it seems proper that the right to take property
should now be invoked in its aid. With a view to acquiring
these known interests, which it is impracticable to buy, and
other possible interests not yet brought to light, and thus
perfecting the title of the Commonwealth, it is recommended
that authority be given to take all the flats within the limits
above described, with full provision for compensation, and
an appropriation sufficient to cover the probable outlay.
Provision for Continuing the Work.
The net proceeds of the sales of the reclaimed flats on
the Back Bay, and of other tide- water lands sold by the
Commonwealth, — amounting to $3,500,000 in round num-
bers, — would supply the natural fund on which to draw for
the first cost of a work of like character. The moneys so
received have, however, and probably not unwisely, all been
covered into funds and sinking-funds established for various
purposes, or have been otherwise applied, and are not avail-
able for the work now in hand.
The outlay in all such enterprises necessarily goes before
the return. Land cannot be sold until it is fit for the
market. So far as the account with the South Boston enter-
terprise can be closed, the balance is in favor of the Com-
monwealth. The cost of improvement of the S2^\ acres
already sold was $869,765.93. The price obtained, as
before stated, was $1,539,519.20, — showing a net gain to
HARBOR AND LAND COMMISSIONERS. [Jan.
'.p^ r r.,„
Commonwealth of $669,753.27; and this, notwithstand-
fche tract sold includes the " 25-acre lot," lying at the
notion of Fort Point Channel with the main harbor, requir-
ing a costly sea-wall on two sides of it, with no land to sell
in rear of it, and costing for its improvement several times
the sum required for any other area of equal extent.
The total cost of the enterprise to December 31, 1883,
for improvement of land sold and unsold, and including
$243,091.41 paid for the flats purchased from riparian own-
ers as above mentioned, is $1,540,581.66. The whole
amount received from sales and rents to the same date is
$1,550,019.20, — showing still a balance in favor of the
enterprise, excluding interest from both sides of the ac-
count, of $9,437.54. To this balance is to be added the
increased value of 99^^ acres of flats in process of filling,
equivalent to 55^^ acres already filled to grade 13, and on
which there has been actually expended, including cost of
flats purchased as above, $670,815.73.
It is not deemed necessary at this late day to urge the
general advantages to the Commonwealth, and to the trade
and business of its chief commercial city, which will accrue
from the carrying out of this great enterprise, or to repeat
the arguments which, apart from the consideration of the
pecuniary results to be expected, have induced the legisla-
ture to sanction and undertake the work. The evident
advantages were certainly never greater, and the arguments
never had more force than now.
To provide for the cost of the work, in anticipation of re-
ceipts from future sales, the " Commonwealth's Flats Improve-
ment Fund" was established by chapter 237 of the Acts of
1878, and the sum of $200,000 appropriated from the fund
to meet all payments authorized and required to be made
under the laws providing for the improvement and sale of the
South Boston flats. A further appropriation of $500,000
was made from this fund for the same purposes by chapter 71
of the Resolves of 1881.
The unexpended balance of these appropriations, January
1, 1884, is $223,947.19, and the amount of money actually
in the fund and available for carrying on the work, is $212,-
031.96. The whole of this sum, and something more, will
1884.] PUBLIC DOCUMENT — No. 11.
be required to pay for the work already under contracted
in process of execution. Two of these contracts expire
present year. To enable the making of contracts for the
continuance of the work, an additional appropriation will be
necessary, which should be large enough to allow the making
of contracts on a scale consistent with the highest economy,
both as regards terms and the best development of the gen-
eral plan of improvement.
Receipts from Grants of Tide- Water Lands.
The amount received during the past year for grants of
rights and privileges in tide-water lands of the Common-
wealth, under licenses of this Board for filling and for the
erection of wharves and other structures in and over tide-
waters, is $7,031.25. Payment for such grants was first
required by chapter 284 of the Acts of 1874, now chapter
19, section 16, of the Public Statutes. Since the passage
of that act, the total amount so received and paid into the
State treasury has been $152,209.27. Before its passage,
large tracts of valuable territory were given for the asking,
to the great advantage of the recipient, and sometimes to
the injury of the public and the hindrance of other and better
schemes of harbor improvement.
Removal of Wrecks.
Under the provisions of chapter 260 of the Acts of 1883,
entitled " An Act to provide for the Removal of Wrecks and
other obstructions from Tide- Waters," the Board received
notice the last autumn from Mr. Charles F. Dunham, a com-
missioner of wrecks and shipwrecked goods for Dukes
County, of the existence of several wrecks in the waters of
Edgartown harbor. Upon a visit to the locality in question
by a member and the engineer of the Board, it was found
that there were four such wrecks in all, only two of which
were in positions likely to interfere with the navigable and
anchorage room of the harbor. These two were vessels
which had taken fire from the combustion of their cargoes of
lime, in consequence of leakage caused by damage in gales
of wind, in which condition they were run aground and
scuttled in order to subdue the fires, and afterwards aban-
HARBOR AND LAND COMMISSIONERS. [Jan.
eel. This occurred in 18G9, and the sunken vessels have
since remained quite near together on the northerly
edge of the channel, and in sufficiently deep water, (one being
in about 11 feet, and the other in about 14 feet, at mean low
tide,) to cause serious obstruction and even danger to other
vessels passing or anchoring near them. Their removal,
therefore, was deemed necessary to the safety and preserva-
tion of the harbor.
Proposals for the execution of this work were duly adver-
tised, and the lowest of the bids received was that of Capt.
George W. Mudget, of Edgartown, who proposed to break
up and remove both of the wrecks referred to, including
their cargoes, to some place above high-water mark, or other
place approved by the Board, for the sum of $1,475. This
offer has been accepted, and the work will be undertaken the
coming spring. In the meantime notice has been given to
the supposed owners of these wrecked vessels in accordance
with the provisions of the act referred to.
It may here be remarked that the above act will undoubt-
edly prove a wise and useful one, not only by its provisions
for the removal of existing obstructions, but by preventing
the abandonment of vessels and the placing of unlawfril
obstructions in tide-water where their removal may be
required at the cost of the party at fault. Cases have already
occurred where its usefulness in the latter direction has been
proved.
Charles River Basin.
By chapter 211 of the Acts of 1881, the Charles River
Embankment Company was authorized to fill and improve
certain lands and flats in the City of Cambridge, and was
required within three years from April 21, 1881, to deposit
thereon not less than 300,000 cubic yards of earth dredged
from Charles River Basin, between West Boston and Brook-
line bridges, in such localities and to such depths as this
Board should prescribe. Directions have accordingly been
given and reports made to the Board of the progress of the
work.
The whole amount of filling with material so dredged, to
December 31, 1883, is 142,683 cubic yards. One thousand
feet of sea-wall have been built. Owing to ice aud cold
/
1884.1 PUBLIC DOCUMENT — No. 11.
weather, all of the cap-stones of this wall have not yet be?
put in place, but this work is expected to be done as soon as'
the [spring opens.
Local Haijbor Funds.
It is expected that works of general harbor improvement
and preservation will be done by the national government.
There is, however, in every considerable harbor, frequent
demand for improvements of a more special and limited
character for which other provision must be made.
By chapter 149 of the Acts of 1866, compensation in
money or kind for tide-water displaced, was first authorized
to be assessed upon all parties who should thereafter (ill flats
or erect structures in tide-water. If levied in money, the
money was to be paid into the treasury of the Common-
wealth, and to constitute a special fund for the improvement
of the harbor from which it was collected. The Act of
1866, as amended in some details by later statutes, is now
incorporated in the Public Statutes, chapter 19, sec-
tion 14.
This system of assessment has from the first been applied
in Boston Harbor, and with very happy results. By means
of the compensation fund so created, the Board has been
enabled to make, or to aid in making much needed improve-
ments which the national government could not be expected
to make, and which otherwise would have been impracti-
cable ; and the usefulness of the fund will be greater and
more apparent from year to year.
It is to be regretted that the system has not been applied
from the outset to ail the more important harbors of the
Commonwealth. Though not too late to begin, the need of
a fund already established is felt. In Gloucester Harbor,
for example, which has become second in importance only to
Boston Harbor, there is frequent pressure to relocate the harbor
lines so as to permit the further encroachment of wharves
upon its reserved areas, and the capacity of the harbor
is likely in time to be fully tested. As its room is
diminished, its quality needs to be improved. It is worthy
of present consideration wThether an improvement fund for
this harbor might not now be wisely created, not only by
HARBOR AND LAND COMMISSIONERS. [Jan,
plying the system of compensation to future structures,
ut by an equitable assessment, either voluntary or under
special provision of law, upon existing structures. The
same suggestion would not be out of place in regard to
other principal harbors.
Boundary Lines between Cities and Towns Bordering
upon the Sea.
The Board has made progress, during the past year, in
the work devolved upon it by chapter 196 of the Acts of
1881, of locating and defining the boundary lines between
cities - and towns bordering upon the sea, from high-water
mark outward to the line of the Commonwealth.
To do this work properly requires a careful search for
ancient colony ordinances and records and for legislative
acts bearing on the town lines, for records of perambulations
by selectmen, and for all other information that can be got
by appointed meetings with the town officers and from other
sources. A study of charts and of coast and channel lines
must then be made, and plans prepared on which the proper
tide-water bounds may be worked out and finally delineated.
In work of this nature and importance, safe progress is more
to be desired than hurried dispatch.
The Act of 1881, which authorizes and directs the Harbor
and Land Commissioners to locate and define the boundary
lines in question, requires them to " file a report of their
doings, with suitable plans and exhibits showing the boun-
dary lines of any town by them located and defiued, in the
registry of deeds in which deeds of real estate situated in
such town are required to be recorded, and also in the office
of the Secretary of the Commonwealth." The filing of such
report, plans and exhibits is understood to be the final and
conclusive act of the Board establishing such boundary
lines.
The tide-water boundaries of the several sea-bordered
cities and towns in the counties of Bristol, Dukes County,
Nantucket, and Barnstable, have been so established during
the past year, by filing in the proper registry of deeds an
explanatory and descriptive report in print, with elaborate
plans, defining in words and exhibiting to the eye the boun-
1884.] PUBLIC DOCUMENT — No. 11. 33
claries of the cities and towns within such registry district,
and by also tiling in the office of the Secretary of the Com-
monwealth a duplicate of each report and set of plans.
Extra copies of the printed report, without the plan, have
also been sent to each registry and to each of the cities and
towns concerned.
It is believed that these reports and plans will not only
give full and correct data to such as may have occasion to
consult them, but will, when the other counties are com-
pleted, furnish a ready and convenient basis for exhibiting
accurately on the next published map of the Commonwealth
the limits of its jurisdiction over the sea as well as the land,
and the tide-water bounds of its several counties and munici-
palities.
During the year the preliminary work of locating and de-
fining these boundaries along the coasts of Plymouth, Norfolk
and Suffolk Counties, and a part of Essex County, has also
been carried forward ; and similar reports and plans will be
prepared and filed for each of these counties in due time.
The recent change in the location of the rooms of the Board
has interrupted and delayed this and other office work, par-
ticularly that involving the use and preparation of maps and
plans.
Fish-Weirs.
It is provided in section 70 of chapter 91 of the Public
Statutes, that " The mayor and aldermen of a cit}', and the
selectmen of a town, lying upon tide-water, may authorize
in writing any person to construct fish-weirs in said waters,
within the limits of such city or town, for a term not exceed-
ing five years : provided, such weirs cause no obstruction to
navigation, and do not encroach on the rights of other per-
sons."
Without going into the facts and grounds of complaint in
detail, there is reason to believe that this statute, seemingly
so well guarded in its provisions, is not working to the satis-
faction of either fishermen or sailors, nor, it is said, of the
people of the towns. The fishermen complain that it does
not protect their weirs as against vessels, and the sailors that
it does not protect their vessels as against fish-weirs. Both
are right. Practically, the statute does not give any certain
34 HARBOR AND LAND COMMISSIONERS. [Jan.
and definite protection to fish-weirs as duly authorized and
lawful structures, nor does it prevent the erection of fish-
weirs which are a serious obstruction to navigation.
Navigation and fisheries are both important interests, and
neither is to be ignored in dealing with this question. They
meet on the same ground, and each must concede something
to the other.
The statute prescribes that the weirs shall "cause no ob-
struction to navigation.'''' As a fish-weir must of necessity
cause some obstruction, at least to some kinds of craft, this
must mean that they shall cause no unnecessary or unreason-
able or dangerous obstruction. But who shall decide the
proper limit of obstruction ? Just here is the defect in the
statute. The fishermen have not fixed the limit to suit the
sailors, and the sailors would not fix it to suit the fishermen.
In point of fact, it has not been settled by any one, and the
statute provides no way of settling it. What is needed is, that
some disinterested party, giving due regard to the rights and
requirements of each interest, shall impartially apply the pro-
visions of the statute, which are intended for the protection
of both interests, to the facts of each particular case.
It would seem proper that all structures which are per-
mitted to encumber and obstruct the free use of tide waters,
whether in the nature of fish-weirs or wharves, should be
submitted to the same general tests of public safety and con-
venience, making due allowance for their location and the
manuer of their construction and use. Fish-weirs appear to
have been built without much, if any, regard for such gene-
ral rules, and sometimes, it would seem, in disregard of ex-
press statute limitations.
When the general court, by special legislative act, au-
thorizes a bridge or other structure to be built in or over
tide-waters, it requires that the plans for its location and
construction shall be approved before the work begins. It
would seem equally proper that, when a fish-weir is licensed,
the plans for its location and construction should be ap-
proved in like manner; and, when built in accordance with
such approval, the fish-weir should have, during the term for
which the license has been granted, the same legal status
and protection as a duly authorized bridge or wharf. In
1884.] PUBLIC DOCUMENT — No. 11. 35
this way, too, the rights and interests of navigation ought to
find their full and due protection.
Protection of Harbors.
There are several statutes of local application, intended
for the preservation of harbors and navigable waters, which
forbid the removal of sand, gravel, stones and other material,
and the doing of other acts, which tend to the weakening
or destruction of the beaches, headlands, bars and islands
which form their shores or protecting barriers. There are
other localities where such prevention is needed, and where
no authority exists for its exercise. It is recommended
that a general power be given to forbid and stop such acts
wherever they are deemed prejudicial to the harbors and
navigable waters of the Commonwealth.
It is provided in chapter 69, section 23, of the Public
Statutes, that " No person shall throw into, or deposit in a
harbor, stones, gravel, ballast, cinders, ashes, dirt, mud, or
any other substances, which may in any way tend to injure
the navigation of such harbor." No penalty is specially pro-
vided for the violation of this statute, and there seems to be
none unless it be by the cumbrous process of indictment as
for a nuisance. A small fine, bringing offences within the
jurisdiction of the inferior courts, would in most cases be suf-
ficient to prevent wrongful acts of this character, and would
be a much more effective remedy ; and it is recommended
that such a penalty be enacted.
Field and Office Work.
Miscellaneous Surveys,
The field work done during the year, beside the regular
and constant work in connection with the various contracts
for filling the South Boston Flats, in measuring the grade
and amount of filling and determining the depth and extent
of dredging, is as follows : —
In February, a survey of Duncan's Point and the north
side of Harbor Cove in Gloucester Harbor was made, pre-
liminary to recommending a change in the Harbor-line.
36 HARBOR AND LAND COMMISSIONERS. [Jan.
In the same month, the town line between Truro and
Provincetown, across what used to be the mouth of East
Harbor, was run out and defined in pursuance of chapter
196 of the Acts of 1881, by request and agreement of said
towns.
In April, a survey was made of the shoal at the mouth of
Neponsct River, opposite Commercial Point, to ascertain in
what condition it had been left by the contractors upon the
completion of the work in connection with the '..' Improved
Sewerage System " of the City of Boston. .
In the same month, a survey was made of Miller's River,
to ascertain if it had been excavated in accordance with
the terms of the license given to the Fitchburg Railroad
Company.
In April and November, surveys were made in Fort Point
channel of areas dredged by the Boston Wharf Company.
In November, a careful survey was made of the shoal off
Piers Nos. 6 and 7 of the Grand Junction Wharves at East
Boston, upon the petition of the Boston and Albany Railroad
Company for its removal.
Re-survey of Boston Inner Harbor.
The re-survey of Boston Inner Harbor was continued
during the summer around Jeffries Point, East Boston, as
far as the Boston, Revere Beach and Lynn Railroad, and
triangulation points were established along the north shore
of South Boston, in order to continue the survey along that
shore, as opportunity offers, during the coming season.
All of the above surveys have been carefully mapped in
the office, and make a valuable addition to the archives of
the Board.
1884.] PUBLIC DOCUMENT— No. 11. 37
Licenses granted and Plans approved for the erection of
structures in and over tide-waters.
More than the usual number of applications have been made
to the Board for licenses for wharves and other structures
in and over tide-waters, and for the approval of plans for
bridges and other tide-water structures authorized by acts
of the legislature. A list of the licenses granted, and plans
approved, seventy-nine in number, is hereto appended.
Nos.
712. Petition of the Philadelphia and Reading Coal and Iron
Company for license to extend its Coal Pocket Wharf in
the Harbor of New Bedford. Granted February 1,
1883.
713. Petition of Joseph H. Williams for license to construct a
pile wharf on Swift's River in the town of Wareham.
Granted February 15, 1883.
714. Petition of Edward P. Shaw for license to construct a pile
wharf on the northwesterly end of Plum Island at the
mouth of the Merrimack River in the City of Newbury-
port. Granted February 15, 1883.
715. Petition of Frederick P. Cheney and Patrick Driscoll for
license to construct buildings over Little River in the
City of Haverhill. Granted March 1, 1883.
716. Petition of the Commercial Wharf Company of Wellfleet for
license to extend its wharf in the Harbor of Wellfleet.
Granted March 15, 1883.
717. Petition of Charles F. Morse for license to extend his wharf
on the Merrimack River in the City of Haverhill.
Granted March 15, 1883.
718. Petition of John B. Nichols for license to extend his wharf
on the Merrimack River in the City of Haverhill.
Granted March 15, 1883.
719. Petition of Daniel Fitts for license to extend his wharf on
the Merrimack River in the City of Haverhill. Granted
March 15, 1883.
720 & 721. Petitions of Naylor and Company for license to fill
flats in South Bay in the City of Boston. Granted
March 22, 1883.
722. Petition of WiHiam H. Swift and Company for license to
extend their wharf on Chelsea Creek in East Boston.
Granted March 29, 1883.
38 HARBOR AND LAND COMMISSIONERS. [Jan,
Nos.
723. Petition of Montgomer}1" and Howard for license to con-
struct a launching-way on piles on Chelsea Creek in the
City of Chelsea. Granted March 30, 1883.
724. Petition of the Roxbury Gas Light Company for license to
construct a sea-wall and (ill flats on Roxbury Canal in
the City of Boston. Granted March 30, 1883.
725. Petition of George Lawley and Son for license to construct
a pile wharf at the foot of O Street in South Boston.
Granted April 12, 1883. , *
726. Petition of Jabez Davis for license to construct a pile wharf
in Wood's Holl Harbor in the town of Falmouth.
Granted April 19, 1883.
727. Petition of William B. Rice for license to construct a pile
pier in Boston Harbor in the town of Winthrop.
Granted April 19, 1883.
728. Petition of the Old Colony Railroad Company for license
to extend its wharf in the Harbor of Provincetown.
Granted April 19, 1883.
729. Petition of the Mercantile Wharf Company of Wellfleet for
license to extend its wharf in the Harbor of Wellfleet.
Granted April 19, 1883.
730. Petition of David Conwell for license to extend his wharf
in the Harbor of Provincetown. Granted April 26,
1883.
731 & 732. Petitions of Cyrus A. Bartol for license to construct
two wharves in the Harbor of Manchester. Granted
April 26, 1883.
733. Petition of Theodore Brown for license to extend his wharf
in the Harbor of Wellfleet. Granted April 26, 1883.
734. Petition of the City of Boston for approval of plans for the
reconstruction of Warren Bridge across Charles River,
as authorized by chapter 140 of the acts of 1883. Ap-
proved May 1, 1883.
735. Petition of Charles Parkhurst for license to extend his
wharf partly solid and partly on piles in Gloucester
Harbor. Granted May 3, 1883.
736. Petition of the Charles River Embankment Company for
approval of plans for the construction of a sea wall and
solid rilling on the Charles River in the City of Cam-
bridge, as authorized by chapter 211 of the acts of 1881.
Approved May 3, 1883.
737. Petition of the Globe Coal Company for license to extend
the "I'-Mlman Wharf," so called, on Taunton Great
1884.] PUBLIC DOCUMENT — No. 11. 39
Nos.
River in the City of Fall River. Granted May 10,
1883.
738. Petition of the Columbian Rowing Association for license to
construct a boathouse and raft in * Boston Harbor.
Granted May 10, 1883.
739. Petition of A. H. Fuller for license to construct a pile wharf
and floating stage at Onset Bay in the town of Ware-
ham. Granted May 10, 1883.
740. Petition of Albert C. Bloody for license to construct a wharf
in Boston Harbor in the town of Winthrop. Granted
May 17, 1883.
741. Petition of the Commissioners on West Boston and Cragie
Bridges for license to construct intermediate pile piers in
West Boston Bridge over Charles River. Granted May
17, 1883.
742. Petition of James P. Chase and others for license to extend
their wharf on the Merrimack River, in the City of
Haverhill. Granted May 24, 1883.
743. Petition of John B. Farrar for license to extend his wharf
on the Merrimack River in the City of Haverhill.
Granted May 24, 1883.
744. Petition of Ezra Kelley for license to extend his wharf on
the Merrimack River in the City of Haverhill. Granted
May 24, 1883.
745. Petition of Levi Taylor for license to extend his wharf on
the Merrimack River in the City of Haverhill. Granted
May 24, 1883.
746. Petition of the Mercantile Wharf Corporation of Boston for
license to construct a pile wharf in Boston Harbor.
Granted May 31, 1883.
747. Petition of Dexter A. Hall and Patrick H. Carroll of Bos-
ton, for license to construct a pile wharf in Boston Har
bor at South Boston. Granted June 7, 1883.
748. Petition of the Board of Health of the City of Salem for
approval of plans for the filling of flats and the construc-
tion of a canal on North River in said city, as author-
ized by chapter 213 of the acts of 1881 and chapter 185
of the acts of 1883. Approved June 7, 1883.
749. Petition of Albert N. Nickerson for license to construct two
wharves on Buzzard's Bay in the town of Marion.
Granted June 15, 1883.
750. Petition of the A. T. Stearns Lumber Company for license
40 HARBOR AND LAND COMMISSIONERS. [Jan.
Nos.
to extend its wharves on the Neponset River at Nepon-
set. Granted July 23, 1883.
751. Petition of the Franconia Iron and Steel Company for license
to extend its wharf on Wareham River in the town of
Wareham. Granted June 15, 1883.
752. Petition of the New Bedford, Vineyard and Nantucket
Steamboat Company of New Bedford for license to con-
struct a pile wharf at Gay Head in Vineyard Sound.
Granted June 21, 1883.
753. Petition of the Bradley Fertilizer Company of Boston for
license to extend its wharf on Weymouth Back River in
the town of We3'mouth. Granted June 21, 1883.
754 & 754a. Petition of the United States for license to construct
retaining and pier walls in Wood's Holl Great Harbor in
in the town of Falmouth. Granted June 22, 1883.
755. Petition of the town of Winthrop for approval of plans for
the construction of a bridge across Crystal Cove in said
town, as authorized by chapter 146 of the acts of
1883. Approved July 12, 1883.
756. Petition of Sylvanus Smith for license to construct a
pile wharf in Gloucester Harbor. Granted Juty 26,
1883.
757. Petition of Augusta B. Thompson for license to construct a
pile wharf in Gloucester Harbor. Granted July 26,
1883.
758. Petition of Benjamin Low for license to construct a pile
wharf in Gloucester Harbor. Granted July 26, 1883.
759. Petition of John P. Gilman for license to extend his wharf
on the Merrimack River in the City of Haverhill.
Granted July 26, 1883.
760. Petition of the Eastern Junction, Broad Sound Pier and
Point Shirley Railroad Company for license to widen
and repair its wharf in Boston Harbor at Point Shirley.
Granted July 20, 1883.
761. Petition of the City of Haverhill for approval of plans for
the construction of a wharf and stone bridge at the mouth
of Little River in said city, as authorized by chapter 82
of the acts of 1883. Approved July 20, 1883.
762. Petition of Nathaniel Webster for license to construct a
solid wharf in Gloucester Harbor. Granted July 26,
1883.
763. Petition of James E. Margeson for license to construct a pile
wharf in Gloucester Harbor. Granted July 26, 18S3.
1884.] PUBLIC DOCUMENT — No. 11. 41
Nos.
764. Petition of the Trustees of Quincy and Hingham Bridge for
license to construct a new draw in said bridge over
Weymouth Fore River. Granted August, 2, 1883.
765. Petition of the Boston Gas Light Company for license to
extend its wharf on Charles River in the City of Boston.
Granted August 9, 1883.
766. Petition of John Gary and others for license to extend
" Tufts Wharf," so called, on Charles River, Charles-
town District, in the City of Boston. Granted August
15, 1883.
767. Petition of John E. Cassidy of Watertown for license to con-
struct a wharf on Charles River, Brighton District, in the
City of Boston. Granted September 6, 1883.
768. Petition of John Gary and others for license to construct a
sea wall on Charles River, Charlestown District, in the
City of Boston. Granted September 6, 1883.
769. Petition of the Trustees of the estate of John Carter Brown
of Providence for license to extend French's Wharf on
Fort Point Channel in the City of Boston. Granted
September 6, 1883.
770. Petition of the Trustees under the will of John W. Trull for
license to extend Lovejoy's wharves, so called, on
Charles River in the City of Boston. Granted Septem-
ber 6, 1883.
771. Petition of the City of Boston for license to construct a
wharf on the southerly side of Gallop's Island in Boston
Harbor. Granted September 6, 1883.
772. Petition of the Boston and Lowell Railroad Corporation for
license to construct a sea wall and solid filling on Miller's
River in the City of Cambridge. Granted September 13,
1883.
773. Petition of Joshua Brown for license to construct a pile
wharf in Salem Harbor in the City of Salem. Granted
September 13, 1883.
774. Petition of Oscar Dubois for license to construct a stone
wharf on Mount Hope Bay in the City of Fall River.
Granted September 20, 1883.
775. Petition of the Town of Braintree for approval of plans for
the construction of a new drawbridge and piers over
Monatiquot River in said town, as authorized by chap-
ter 31 of the acts of 1882. Approved September 20,
1883.
42 HARBOR AND LAND COMMISSIONERS. [Jan.
Nos.
776. Petition of the Haverhill Paper Company for license to con-
struct a pile wharf on the Merrimack River in the town
of Bradford. Granted October 18, 1883.
777. Petition of the City of Taunton for license to construct a
bank-wall, coffer-dam and wharf on Taunton River in said
cit}\ Granted October 4, 1883.
778. Petition of Charles C. Hine for approval of plans for the
construction of a causewa}' and bridge across Lagoon
Pond at Vine3Tard Haven in the town of Tisbury, as
authorized by chapter 38 of the acts of 1883. Approved
October 18, 1883.
779. Petition of the Philadelphia and Reading Coal and Iron
Company for license to extend its wharf on Acushnet
River in the City of New Bedford. Granted November
1, 1883.
780. Petition of Emma J. Ta3'lor for license to construct a wharf
on Weymouth Fore River in the town of Quincy.
Granted November 15, 1883.
781. Petition of Hamilton and Balcomb for license to build a pile
structure on South River in Salem Harbor in the City
of Salem. Granted November 8, 1883.
782. Petition of the City of Salem for license to construct a bulk-
head and solid filling on South River in the harbor of
said city. Granted November 8, 1883.
783. Petition of Joshua G. and Nathan G. Gooch for license to
extend their wharf on Charles River, Brighton District,
in the City of Boston. Granted November 15, 1883.
784. Petition of the Osterville Improvement Association for li-
cense to construct a wharf on Vinej^arcl Sound at Oster-
ville in the town of Barnstable. Granted November 22,
1883.
785. Petition of J. W. Stickney for license to construct two dol-
phins on Chelsea Creek in the City of Chelsea. Granted
December 6, 1883.
786. Petition of Walter W. and Charles F. Wonson for license
to extend their wharf on Rocky Neck in Gloucester
Harbor. Granted December 6, 1883.
787. Petition of Robert A. Whyte for license to fill solid a por-
tion of Sargent's Wharf in Boston Harbor. Granted
December 6, 1883.
788. Petition of the Town of Braintree for approval of a change
in plans for the construction of the draw-piers in the
bridge over Monatiquot River in said town, as author-
1884.] PUBLIC DOCUMENT — No. 11. 43
Nob.
ized by chapter 31 of the acts of the year 1882.
Approved December 6, 1883.
789. Petition of the Philadelphia and Reading Coal and Iron
Company for license to extend its wharf on Acnshnet
River in the City of New Bedford. Granted December
27, 1883.
790. Petition of the Boston Steamboat and Pier Company for
license to extend its pier on Broad Sound in the town of
Revere. Granted December 27, 1883.
Mystic River.
The Mystic River Corporation was chartered by chapter
105 of the Acts of 1852. Additional acts have been passed
from time to time in amendment and extension of its powers
and privileges, and of the time allowed for completing
its authorized work. By these several acts, authority is
given to build sea walls, docks, warehouses and wharves,
and to excavate and fill flats, in the Mystic River, within the
limits and in the manner specified in the acts.
The places on the flats from which certain material was to
be taken were to be approved by, and the whole work to be
done under the supervision and to the satisfaction of, a
special commissioner to be appointed by the governor, who
was to report annually to the governor and council ; and all
the costs of his services and expenses were to be paid by the
corporation, which was also authorized to sell its lands and
improvements subject to his supervision. Other corpora-
tions have also been chartered having relation to the same
scheme of improvement.
By chapter 234 of the Acts of 1883, the office of special
commissioner was abolished, and all his authority, powers
and duties were transferred to this Board, which now sus-
tains the same relation to the work in the Mystic River as to
all other like works in tide water.
The following communication of the president of the cor-
poration contains information in regard to the operations of
the last year : —
44 HARBOR AND LAND COMMISSIONERS. [Jan.
24 Milfokd Street, Bostox, January 7, 1884.
To the Board of Harbor and Land Commissioners :
Gentlemen, — In answer to a note received from your engineer,
D. Koppman, on Saturday last, informing me that it was voted by
your Board that " Dr. Bartlett, President of the Mystic River
Corporation, be requested to report to the Board all work and
proceedings done by said corporation and its grantees" during the
past year, I herewith submit substantial^7 what has been done,
as follows : —
The JVTystic River Corporation has continued the dredging of the
flats on the northwesterly side of Chelsea Bridge and its enclosure
adjacent thereto, and has filled up to grade with the material so
dredged an area of about 40,000 square feet.
On the premises of its grantee, the Boston and Lowell Railroad
Corporation, about 80,000 square feet have been filled to grade.
About one half of this area has been surface filling above the
eight feet grade previously filled with dredging ; the other half has
been filled up to full grade with dredged material.
In addition to the above, about 20,000 cubic yards of material
dredged from the flats bordering on the South Channel have been
deposited on other portions of the premises of said grantee. All
the dredged material above described has been taken from the flats
and borders of the channels, in accordance with the requirements
of the charter of the Mystic River Corporation.
Contracts have recently been made by said grantee as follows : —
1. For the completion of its quay line of seawall, about
1,500 feet in length, extending from that portion pre-
viously built to the easterly line of Elm Street ex-
tended.
2. For a belt cf pile wharf, 21 feet in width, extending along
the said quay line above described.
3. For the dredging from the flats in said South Channel of
an amount of material sufficient to fill to full grade an
area of about five acres, already partially filled, in the
rear of said sea wall.
All the above-named contracts provide for their completion by
July of the present year.
Two dredging machines are now emplo}red day and night in the
prosecution of the above-named work.
Most respectfully submitted,
Joseph E. Bartlett,
President of the Mystic River Corporation.
1884.] PUBLIC DOCUMENT — No. 11. 45
Harbor Improvements by the United States.
The Board is again indebted to the courtesy of the officers
of the United States Corps of Eugineers for interesting re-
ports of the valuable works done under their supervision, in
the harbors and on the coast of the Commonwealth, during
the past season.
The charge of the work on the Southern section of the
coast of Massachusetts, has been assigned by the United
States Engineer Department to Lieut. Col. George H.
Elliot, as successor to the late Gen. G. K. Warren ; and the
charge of the work on the Eastern section of the coast,
formerly under Gen. George Thorn, has beer assigned to
Maj. Charles W. Raymond. To each of these officers of the
United States, the Commonwealth and the public are in-
debted for zealous and efficient service.
Improvements on the Eastern Coast of Massachusetts.
For information relating to the work done on the Eastern
water- face of the Commonwealth, including the harbor of
Boston, the Board has received from Maj. Raymond a clear
and concise special report brought up to a recent date,
which is presented in full below.
As au evidence of the careful and comprehensive study
which Maj. Raymond has already made of the needs of Bos-
ton Harbor, attention is specially called to the mention in
this report of a work of much importance to its navigation,
inaugurated and executed by him, namely, the excavation
of a channel between Long Island Head and Nix's Mate
(through the Nubble), by which vessels of moderate draught
can now pass by a direct and convenient course from George's
into President Roads. This channel gives a shorter route
for such vessels bound up the harbor than by the " Western
Way," and avoids the difficulties and dangers of passing
through the main ship channel at the Narrows while crowded
by larger vessels.
Other important works of preservation and improvement in
this and other harbors, to which attention is invited, are de-
tailed in the report.
46 HARBOR AND LAND COMMISSIONERS. [Jan.
United States Engineer Office,
Boston, Mass., December 24, 1883.
The Board of Harbor and Land Commissioners, Boslon, Mass.
Gentlemen: — In compliance with your request of November
22, 1883, I take pleasure in sending you the following abstract of
work done, under my charge, by the United States in the harbors
and rivers of the State of Massachusetts, during the past year.
1 . Newburyport Harbor.
The north jetty, projecting from Salisbury Beach, has been com-
pleted for a length of 1,540 feet, and a submerged core, reaching
to the plane of mean low water, has been carried 500 feet in ad-
vance of the finished work.
.The south jetty projects from Plum Island. The shore exten-
sion, which consists of a sheet piling covered with stone, 507 feet
in length, has been completed. Be}'ond the high-water line, the
rubble-stone jetty has been finished for a length of 570 feet. The
total length (completed) of the south jetty is 1,077 feet.
A dike 817 feet in length has been built across the mouth of
Plum Island Basin.
A detailed lrydrographic survey of the bar and entrance to the
Merrimack River, and frequent surve}Ts of the shore line, have been
made for the purpose of watching the changes now in progress.
2. Merrimack River.
North Rock has been removed to a depth of 9 feet below mean
low water, or 16.7 feet below mean high water. This depth of
water now extends to a line 22 feet from the North Pier.
A survey has been made of the river channel at Rock's Bridge.
3. Sandy Bay, Rockport.
A detailed survey of Sand}' Ba}7, has been made ; and a project
for a breakwater to form a harbor of refuge has been prepared and
submitted to the Engineer Department.
4. Lynn Harbor.
For the information of the Board of Engineers in connection with
the study of the project for the improvement of this harbor submit-
ted by Colonel George Thorn, Corps of Engineers, a detailed hy-
drographic survey, observations of the tidal currents and a general
study of the physical peculiarities of this locality have been made.
f
1884.] PUBLIC DOCUMENT — No. 11. 47
5. Boston Harbor.
Repairs have been made upon the sea walls at Deer and Lovell's
Islands.
Aprons of rubble stone, with short projecting jetties, have been
constructed on the northern shore of the eastern point of Gallop's
Island and on the eastern and northern shores of Lovell's Island-
These aprons have a total length of 2,708 feet, an average width of
30 feet, and an average rise of crest of 18 feet above mean low
water. The}7 contain about 14,000 tons of granite grout and chips
The object of these constructions is the protection of the shores
from the abrading action of the sea, which is not only causing the
deposit of material in the main ship channel, but also changing the
forms of the islands, thereby tending to diminish the resultant tidal
scour.
The channel between Long Island Head and Nix's Mate (through
the Nubble) has been dredged, for a width of 200 feet, to a depth
of 12 feet at mean low water. A direct and convenient course
has thus been made for vessels of moderate draught, and the main
ship channel at the Narrows (before dangerously crowded) has
thus been relieved.
In conformity with the general plan for the improvement of the
main ship channel in the Upper Harbor, a spur of the Castle Island
Shoal has been removed by dredging, and the width of the channel
has thus been increased to 870 feet, with a depth of 23 feet at
mean low water.
During the progress of this work, a rock of about 30 tons weight
was discovered near the edge of the channel and about 16^- feet be-
low mean low water. Fragments of copper found in the vicinity
and evidently torn from the bottoms of vessels, show that it has
been a serious danger to navigation. It has been reduced in size
and pushed to the edge of the shoal, and it will be removed as
soon as possible.
6. Charles River.
A channel from 80 to 100 feet wide and 16 feet deep at mean
high water has been dredged from a point 1,700 feet below
Brighton Street Bridge, to a point 8,800 feet above it ; in all a
distance of about two miles. This channel will probably be com-
pleted next spring as far as the wharf of the Brighton Abattoir.
7. Channel leading to JSfantasket Beach.
Fifty cubic yards of ledge were removed, giving the channel a
minimum width of 100 feet and a depth of 9£ feet at mean low
water.
48 HARBOR AND LAND COMMISSIONERS. [Jan.
8. Maiden River.
A channel }\ miles long, from- 50 to 70 feet wide and 12 feet
deep at mean high water, has been dredged below the drawbridge.
9. Scituate Harbor.
The north breakwater has been connected with the shore, and
extended for a total length of 720 feet, with a height of about 5
feet above mean high water.
A brush and stone bulkhead 450 feet long, and a stone apron
385 feet long and 10 feet wide, have been constructed for the pro-
tection of the beach between Cedar Point and the main land.
10. Plymouth Harbor.
Along the western shore of the beach the bulkhead was prolonged
for a distance of 830 feet, and the old portion was backed with
cedar trees and small stone so as to render it sand-tight for a dis-
tance of G40 feet. A catch-sand fence of cedar trees and stone,
730 feet long, was also constructed parallel to and 15 feet east of
the old crib-work, and a leak was stopped by backing 60 feet of
the 6tone bulkhead with trees and small stone.
11. Provincetown Harbor.
The Long Point bulkhead has been extended 367 feet. Between
the bulkhead and the crest of the beach, 5 groins, aggregating 490
eet in length, have been built of small trees and stone.
Very respectfully, }rour obedient servant,
Chas. W. Raymond, Major of Engineers.
Improvements on the Southern Coast of Massachusetts,
By the courtesy of Lieut. Col. George H. Elliot, the
Board has received a printed copy of his report to the
United States Engineer Department of work done under
his charge up to July 31, 1883, from which the following
extracts are taken : —
Nantucket Harbor.
" At the date of the last annual report, the work of extending
the jetty on the west side of the channel of entrance was in pro-
gress under a contract, . . . and its extension was continued until
January, 1883, when it was completed. The total amount of stone
delivered under the contract was 16,123 tons. . . .
1884.] PUBLIC DOCUMENT — No. 11. 49
" On the 24th of November, 1882, by direction of the Secre-
tary of War, the work was transferred to Lieut. Col. George H.
Elliot, Corps of Engineers. Work was resumed on May 4, 1883,
and continued till the close of the fiscal year, when it was still in
progress. . . .
u Up to the end of the fiscal year, there had been delivered
the contract 9,223.78 tons of stone, leaving 3,776.22 tons tc(
plete, which was expected to be delivered during the moi
July. The length of the completed stone work at the samel
was 2,894 feet, and, including the stone and timber work a|
inner end, the total length was 3,075 feet.
" There has been some settling of the jetty for about 500 fel
its length near the shore end, where it was built in shoal wate]
fine sand. To rebuild this part of the work to its proper
and height, will require about 600 tons of stone.
" There have been some minor changes in section in o^
parts of the jetty by the action of the waves, or scour of
bottom, or both, which will require an additional amount of stoi
and, to prevent the lateral dispersion of the ebb-tide to the we]
ward through the jetty, it is proposed to fill with chip stones tl
interstices of parts of it which were somewhat loosely built. Th|
amount of stone required for both of these objects is estimated
800 tons, making the whole amount of stone yet required to be\
placed in the existing part of the work 1,400 tons.
' ' During the last fiscal year frequent surveys have been made to
discover what changes, if any, were taking place in the channel
and on the shores near the work.
" A large deposit of sand west of the jetty, in the angle between
the jetty and the shore, still continues. To the eastward of the
jetty there has been but little deposit of sand along the shore, and
but little change in the channel. Careful soundings, from time to
time, show only minor changes in the depths, but these are generally
not constant. One survey may show a deepening, and the next
one a shoaling, in the same locality ; but the general result seems
to be a slight deepening of the channel, although, by reason of the
irregularity of the changes, the navigable depth has not been in-
creased. It was not anticipated that any marked change would
occur before the jetty reached the outer bar, from which (or rather
from the outer 12-feet curve) it is now distant 2,785 feet, and it
was thought that it might be found, even then, that a second jetty,
starting from Coatue Point, on the east side of the entrance, would
be required.
" The spurs, or short jetties, built out from Coatue Point to arrest
50 HARBOR AND LAND COMMISSIONERS. [Jan.
the abrasion of the shore, have been somewhat extended during the
year, and there seems to be no danger of further damage here.
"It is proposed with the remainder of the funds available for
this harbor, to continue the extension of the west jetty towards the
^mter bar, since, in any event, this jetty must be finished to the
whether the other is found necessary or not, in order to direct
Current across it, to protect the channel from waves, from ice,
from the sand which moves with the littoral current from the
[ward. In continuing the work, it is proposed to make it as
[pact as practicable, in order to prevent the dispersion of the
tide through it. It is also proposed to continue the observa-
|s to determine the velocit}T and amount of tidal flow, to furnish
on which to fix the width of channel and the location and
|n of the east jetty, should one be required."
Wood's Holl Harbor.
F' At the date of the last annual report, no work was in progress.
" By the act of Congress of August 2, 1882, $52,000 was appro-
Hated for a harbor of refuge at Wood's Holl, an estimate for
i/hich had been submitted by the late Gen. Warren. This esti-
pnate contemplated the construction of a breakwater pier, a basin
'for the use of the United States Fish Commission, and wharves
for the use of that Commission and other branches of the public
service. ...
" The project was approved by the Secretary of War on the
2d of February, 1883, and the fee-simple title to the land was
acquired by the United States Fish Commission, April 20, 1883. . . .
"The retaining walls are to be built along the front of the old
marine railway in the Great Harbor at Wood's Holl, in about 6
feet of water at mean low water, and of an aggregate length of
about 520 feet. The pier walls, of an aggregate length of about
570 feet, and founded in water from 10^ to 20 feet depth at mean
low water, are to form a hollow pier in front of the retaining
walls. . . .
"It is probable that the present appropriation will not \>e suffi-
cient for anything more than the work alread}- advertised for, and
that the wharfing, the filling in behind the retaining walls, and the
dredging inside the pier and in front of the wharves, will have to
be provided for by future appropriations. The estimated cost of
them is $25,000."
Considerable work has been done in prosecution of the above
scheme since the report of Lieut. Col. Elliot was made, the details
of which cannot now be given.
1884.]
PUBLIC DOCUMENT — No. 11.
Wareham Harbor.
"By act of Congress of August 2, 1882, $5,000 was
priated for continuing the improvement [of this harbor]
which contemplated the further construction of works at
Beach, designed to protect it from the sea. . . .
" A wall of brush and stone, 150 feet in length, similar to
formerly built at this place, was constructed across the west e
the beach near the line of mean high water, and another o
same kind, 950 feet long, commencing near the west end of J
stone and brush wall built in 1878, was built parallel to and 15
from it. A vertical sand-catch fence, 10 feet high and 1,032
long, of scantling and boards, similar to those which have
successfully built on the shores of the western lakes, was built1
tween these parallel stone and brush walls. Another sand-cai
fence, 7 feet high, similar, but inclined towards the sea, was bi
from the end of the vertical fence just mentioned 832 feet to tl
eastward. . . .
"The construction of sand-catch walls of stone and brush was
commenced [June 21, 1883] at the north side, which had worn soj
much as to endanger the works previously built. Two hundred!
and seventy-two feet of these walls were completed up to the end'
of the fiscal year. In addition to this, an area of 30 feet square
on the sea side, where it is washed by the waves, was covered with
brush weighted down with stone, as an experiment. It is thought
that the sand brought in by the waves will be caught and that in
this way the beach ma}^ be raised.
" With the remainder of the appropriation, it is designed to con-
tinue the stone and brush wall, just built on the north side of the
point, about 310 feet further to the eastward ; to build six spurs,
each about 20 feet long, running westward from the stone and brush
wall which has been built across the west end of the point ; to
build out from the south side of the point four additional stone and
brush jetties of a total length of about 500 feet ; and to till inside
the triangular frames on which the wooden sand-catch fence has
been built, with brush, with the view of catching the wet sand which
is now washed through this fence by the waves from seaward.
■" The amount of the last appropriation was not considered suffi-
cient to warrant any attempt to continue the work of deepening the
harbor, which constituted the main portion of the original project,
and is yet incomplete.
' c The estimated cost of the work in Wareham Harbor was
$44,050. Of this amount there has been appropriated $15,000.
[ARBOR AND LAND COMMISSIONERS. [Jan,
Taunton River.
the date of the last annual report, work was being prose-
knder a contract, ... in dredging to secure, between Weir
ie Needles, a depth of 11 feet at mean high water, with a
;h of 60 feet, and additional width at the bends.
to January 1, 1883, there had been removed 40,313 cubic
[, and the enlarged channel was carried from Phillips's Wharf
rt's Turn, a distance of 1^- miles. Work was resumed under
|nne contract on the 12th of April, 1883, and continued until
lth of May, 1883, when it was completed, except a small
[int of work at the fishery near North Dighton, which was left
the fishing season was over.
5y act of Congress of August 2, 1882, $25,000 was appropri-
for continuing the improvement of Taunton River. . . .
In the first section (The Needles, Briggs' Shoal, The Nook,
a part of the river at Wikamount) the material was stated to be
Ind, gravel, clay, pebbles, and bowlders under two tons. In the
;cond section (Berkley Bridge Shoal, a part of the river at Wika-
Inount, and between Peter's and Ferry Points) the material was
[tated to be mud, sand, and gravel.
" The channel was to be made 11 feet deep at mean high water
[above Berkley Bridge Shoal, and 12 feet on and below that shoal,
Jthe existing depths being from 5 feet to the proposed depths. . . .
" Mr. Beard commenced work under his contract at The Needles,
and, up to the end of the fiscal year, he removed 5,672.82 cubic
yards from that shoal and from Briggs' Shoal. The work is still
in progress. . . .
" There is now a continuous channel 11 feet deep at mean high
water from the bridge at Weir to Briggs' Shoal, a distance of 3
miles ; but there are many scattering bowlders in the channel . . .
which will be removed later in the season. . . .
"The remainder of the work near North Dighton will be com-
pleted early in this fiscal year. . . .
" The estimated cost of the approved project for the improve-
ment of this river was $94,000, of which $67,500 has been appro-
priated, leaving $26,500 to complete. . . .
" The completed improvement will enable three and four masted
schooners, carrying from 600 to 1,400 tons, and barges of equal
capacity, to reach Taunton."
rBLIC DOCUMENT — No. 11. 53
[ts in the Channels of Boston Harbor.
FoM |^rpose of illustrating the improvements ",hich
have SM^far been made, both by this State and by the
United States, in the channels and deep-water facilities of
Boston Harbor, and also, to some extent, pending and pro-
jected improvements, a Plan has been prepared, and is
appended to this Report, on which are indicated the outlines
and extent of the several areas which have a depth of water
of 23 feet and over at mean low tide.
The plan shows both the natural and the improved deep-
water areas above the passage-way between Governor's and
Castle Islands, with distinguishing signs for the parts deep-
ened by the Commonwealth and by the United States
respectively. The water-space of President Roads, and
other areas of a depth of 23 feet and over, which lie below
this passage-way and above that between Long Island Head
and Deer Island Spit, are also shown.
The term "inner harbor" is generally applied to the
upper and smaller basin, which lies above Governor's and
Castle Islands and below the bridges, and which contains,
within the limits of projected improvements, an area of about
1,150 acres. But what is really the inner harbor, or may
properly be so regarded, is the larger area comprising the
water-spaces (including this upper basin) which are enclosed
and protected by the high grounds of East Boston and
Winthrop on the north, Deer Island and Long Island on the
east, and Spectacle Island, Moon Head and Squantum on
the south, — a nearly land-locked basin, — capable of an
improved area of not less than 6,300 acres. This includes
President Roads, which in itself contains nearly one thousand
acres of anchorage ground of the first order as regards depth
of water (twenty-three to fifty feet at mean low tide), hold-
ing ground and shelter.
The width of entrance (between Long Island Head and
Deer Island Spit) to this larger " inner basin," while am-
ply sufficient, is less in proportion to the water-space en-
closed (thereby affording better shelter) than the entrance
to the smaller basin above described ; and the latter has re-
quired artificial deepening to 23 feet, while the outer gate-
54 HARBOR AND LAND COMMISSIONE
Hi
I
way has a bold and deep threshold (over 50
at once into a basin which has, as before state
age capacity of a thousand acres.
The plan further shows the approaches from belWK this
latter entrance, by the deep-water channels from Broad
Sound and through the Narrows, with the improvements in
the latter channel, and the cut through the " Nubble" be-
tween Long Island Head and Nix's Mate, which have been
made by the United States.
Characteristic soundings are also given, showing the
general natural and artificial depths in the several parts of
the harbor which are covered by the plan.
As elsewhere stated, the plan may also be interesting and
useful as exhibiting the relation of the reclamation of the
South Boston Flats to the improvement of the harbor, and
the large increase of deep-water frontage which will thereby
be secured. The portion of these flats already, sold, the
sections in process of filling under the several contracts
elsewhere mentioned, and the large area still open to im-
provement, are severally indicated on the plan.
Archives of Maine Lands.
By chapter 99 of the acts of 1883, the custody of the books
of records of grants and conveyances of lands formerly held
by the State of Massachusetts, and now within the limits of
the State of Maine, and of all other books and records relating
to said lands, was transferred from this Board to the Secre-
tary of the Commonwealth. All such archives were accord-
ingly transferred to the office of the Secretary on the 8th day
August, 1883, and his receipt taken therefor.
JOHN E. SANFORD.
HENRY L. WHITING.
JOHN I. BAKER.
Boston, January 1, 1884.
APPENDIX.
A
r
APPENDIX.
[A.]
Supplementary Agreement, made this First Day of October,
1883, by and between Thomas Potter, Party of the First
Part, and the Commonwealth of Massachusetts, Party of
the Second Part.
Whereas, the said parties, on the 28th da}' of August, 1880,
entered into an agreement in writing, and on the 26th day of
December, 1882, entered into a further or supplementary agree-
ment in writing, both of which are referred to and made a part
hereof as if fully recited herein, whereby the said Potter, upon the
terms and conditions in said agreements set forth, agreed to do
certain dredging in Boston Harbor, and with the materials so
dredged to fill certain flats of said Commonwealth at South
Boston ;
And whereas, it was stipulated in said agreement that the afore-
said dredging and filling should be completed b}^ said Potter on or
before the first day of January, 1884 ;
And whereas, the said Potter will be unable to complete said
work on or before said first day of January, 1884, and desires an
extension of time for completing the same ;
And whereas, it was also stipulated in said agreements that the
aforesaid dredging should be done from a certain space or area
colored red on the plan' annexed to the aforesaid agreement of
August 28th, 1880 ;
And whereas, it may be found expedient not to excavate at
present a portion of the said area, but to substitute therefor a
certain other area hereinafter described ;
Now, therefore, it is agreed by the parties hereto, that the
time for executing and completing the work stipulated to be done
by the said Potter in the agreements aforesaid, shall be, and is
hereb3T, extended to the first day of June. 1884.
It is also agreed, that the area shaded red on the plan hereto
•NERS. rjan.™
58 HARBOR AND LAND COMMISSIONERS. [Jan.
annexed, shall constitute a part of the space or area from which,
in the discretion of the Board of Harbor and Land Commissioners,
and by the direction of its engineer, the said Potter may be
required to dredge material in the execution of the work to be
done by him under the aforesaid agreements ; and that the said
Potter shall not have or claim, under said agreements or otherwise,
any extra or additional compensation on account of such change
or substitution of areas.
All the provisions of said agreements of August 28th, 1880, and
December 26th, 1882, regarding rate of compensation per cubic
}Tard, depth and manner of dredging, and otherwise, shall, not-
withstanding said extension of time, and said change or substitu-
tion of areas, be and remain in full binding force upon the parties
hereto, except so far as expressfy modified by the provisions of
this agreement as aforesaid.
In testimony whereof, the said Thomas Potter has hereunto set
his hand and seal, and the said Commonwealth has caused its seal
to be hereto affixed, and these presents to be signed and delivered,
in its name and behalf, by its Board of Harbor and Land Commis-
sioners, the day and year first above written, and the same to be
approved b}^ its Governor and Council.
THOMAS POTTER. [Seal.]
COMMONWEALTH OF MASSACHUSETTS,
By John E. Sanford, \ TT , , r ,
TT T w \ Harbor and Land
Henry L. Whiting, > ^ . .
T T t> ' i Commissioners.
John I. Baker, )
In Council, November 20, 1883. Approved.
[skalopthe HENRY B. PEIRCE,
Commonwealth.] Secretary.
F
884.] PUBLIC DOCUMENT — No. 11.
[B.]
Articles of Agreement, made this Fifth Day of December,
in the Year Eighteen Hundred and Eighty-Three, by and
between the commonwealth on massachusetts, acting by
its Board of Harbor and Land Commissioners, Party of
the First Part, and the New England Dredging Company,
a Corporation duly established under the Laws of
Massachusetts, Party of the Second Part.
The said party of the second part hereby covenants and agrees
with said party of the first part to dredge the entire area of that
part of Fort Point Channel between Congress Street and Federal
Street bridges, which is shaded red on the plan hereto annexed, to
the depth of sixteen feet below mean low water, and to deposit the
dredged material at the place provided for such material by said
party of the second part under a contract between said parties,
dated July 1st, 1882.
The party of the second part agrees not to injure the bridges or
draw piers in any way, nor to endanger their foundations by exca-
vating below the plane of sixteen feet below mean low water, and
to use all diligence to complete the work as soon as practicable.
All the work aforesaid shall be done to the satisfaction and
acceptance of said Board of Harbor and Land Commissioners, and
subject to the direction of the engineer of said Board.
The party of the first part will furnish all facilities in its power
for executing the work, by having the draws left open when prac-
ticable, and by preventing the passage of vessels through the draw-
waj^s when said passage would interfere with said work.
The party of the first part hereby covenants and agrees with
said party of the second part, upon the due completion of the
work aforesaid, to pay said party of the second part the sum of
seven thousand five hundred dollars ($7,500), the same to be in
full compensation for all work, expenses and delays done and
incurred by said party of the second part in the execution of this
contract.
In testimony whereof, the said Commonwealth has caused its
seal to be hereto affixed, and these presents to be signed and
delivered in its name and behalf, by its Board of Harbor and Land
HARBOK AND LAND COMMISSIONERS. [Jan. '84
commissioners, and the said New England Dredging Company
has caused its corporate seal to be hereto affixed, and these pres-
ents to be signed and delivered in its name and behalf, by Charles
H. Sonther, its President and Treasurer, the day and }Tear first
above written.
THE COMMONWEALTH OF MASSACHUSETTS,
By John E. Sanford
Henry L. Whitin
John I. Baker
>rd, }
ing, >
Harbor and Land
Commissioners.
NEW ENGLAND DREDGING COMPANY,
[Seal of the
N. E. Dredging
Company.]
By Charles H. Souther,
President and Treasurer
Witness the Seal of the Commonwealth.
[Seal of the
Commonwealth.]
HENRY B. PEIRCE,
Secretary of the Commonwealth.
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