DAMS ACROSS CLINCH RIVER IN GRAINGER, CLAIBORNE, AND HANCOCK COUNTIES, TENN. JULY 23, 1912.-Referred to the House Calendar and ordered to be printed. Mr. SIMS, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT. [To accompany H. R. 25238.] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 25238) authorizing and permitting M. C. McCanless, W. C. Hale, W. H. Mullins, John Loop, and E. M. Grant, their successors and assigns, to build and maintain dams and waterpower development in and across Clinch River in Grainger, Claiborne, and Hancock Counties, State of Tennessee, having considered the same, report thereon with amendment and as so amended recommend that it pass. Amend the bill as follows: Insert on page 1, line 6, after the the word "assigns," the words. "when authorized by the laws of the State of Tennessee." Insert on page 1, line 12, after the word "dams," the words “at points suitable to the interests of navigation." Strike out on page 1, line 12, and page 2, line 1, the words "canals, water-power development." Strike out on page 2, line 2, the colon after the word "purposes" and insert in lieu thereof a comma. Strike out on page 2, lines 2, 3, 4, 5, 6, and 7, the words "Provided, That the plans for the construction of said dams, canals, water-power development, and works shall be submitted to and approved by the Chief of Engineers and the Secretary of War before the commencement of the construction of the same," and insert in lieu thereof the words "in accordance with the provisions of the act approved June twenty-third, nineteen hundred and ten, entitled 'An act to amend an act entitled "An act to regulate the construction of dams across navigable waters," approved June twenty-first, nineteen hundred and six.' Add to the bill a new section, as follows: SEC. 2. That the right to alter, amend, or repeal this act is hereby expressly reserved. Amend the title so as to read: "Authorizing and permitting M. C. McCanless, W. C. Hale, W. H. Mullins, John Loop, and E. M. Grant, their successors and assigns, to build and maintain dams in and across Clinch River, in Grainger, Claiborne, and Hancock Counties, State of Tennessee." The following is the report of the Chief of Engineers on this bill: [Memorandum for the Secretary of War in re H. R. 25238, to authorize two dams to be built across Clinch River.] WAR DEPARTMENT, OFFICE OF THE CHIEF OF ENGINEERS, The object of bill H. R. 25238 is to give Federal consent to the construction, maintenance, and operation, by certain individuals of two dams across Clinch River in the State of Tennessee, the purpose of the said structures being the development of water power. Clinch River, a tributary of the Tennessee River, has little value as a commercial highway, and with scarcely any steamboat navigation above the town of Kingston, less than a mile above its mouth, it is practically a Tennessee River port. About the only use made of the stream is the rafting of logs, and as a result of improvement work executed by the Federal Government a fairly satisfactory channel has been secured for this kind of commerce, the volume of which will undoubtedly decrease as the supply of timber in the adjacent country is exhausted. Steamboat navigation would not be materially benefited by anything short of a slackwater improvement of the river, and such an improvement would be so expensive that its undertaking would hardly be justified considering present and prospective commerce. However, should the dama mentioned in the bill be built at suitable locations, they would doubtless prove very useful if Congress should hereafter decide upon such an improvement and provide for the construction of locks in connection with said dams. In my judgment, upon a careful consideration of the facts, if the bill be amended so as to provide that the privileges granted shall be exercised in accordance with, and subject to, the provisions of the general dam act approved June 23, 1910, the interests of navigation will be amply safeguarded, and there will be no objection, so far as these interests are concerned, to the enactment of the measure by Congress. The amendments considered essential have been indicated in red on a copy of the bill herewith. W. H. BIXBY, Chief of Engineers, United States Army. The War Department sent to the committee the foregoing letter from the Chief of Engineers approving the bill, but the Secretary of War transmitted a report proposing some changes in the bill which we are unable to approve, for the reason that every suggestion he makes is already provided for in the general dam act. The great diversity of circumstances and conditions presented in the multitude of projects seeking authorization by Congress renders it difficult and cumbersome to enact extended legislation to prescribe and provide detailed regulations and specific requirements in the bill authorizing each project. Therefore Congress wisely standardized the form of the bills granting the consent of Congress and enacted the general dam act conferring upon the Secretary of War and the Chief of Engineers full power and authority to consider all the questions now raised by the Secretary of War and dispose of them absolutely in each case as conditions of the approval of the plans and specifications presented to him without which no dam can be lawfully constructed. Having by the general dam act conferred absolute power upon the Secretary of War to dispose of all these subjects, to the full protection of the public and the promotion of navigation, we deem it unwise to nullify a beneficial purpose of the general dam act by returning to the suggested old method of incorporating in each bill all legislation upon the subject. In the report upon this bill the Secretary of War has suggested amendments in two respects: First, for additional compensation to the United States because of the use of its rights in the generation of the power and the consequent profit from such use; secondly, some reservation for the control by Congress of the rates to be charged to con sumers. The committee has carefully considered these suggested amendments and is of the opinion that the substance of them is fully covered by the provisions of the general dam act of 1910. The second proviso to section 1 of this act reads as follows: That in acting upon said plans as aforesaid the Chief of Engineers and the Secretary of War shall consider the bearing of said structure upon a comprehensive plan for the improvement of the waterway over which it is to be constructed, with a view to the promotion of its navigable quality and for the full development of water power; and as a part of the conditions and stipulations imposed by them, shall provide for improving and developing navigation, and fix such charge or charges for the privilege granted as may be sufficient to restore conditions with respect to navigability as existing at the time such privilege be granted or reimburse the United States for doing the same, and for such additional or further expense as may be incurred by the United States with reference to such project, including the cost of any investigations necessary for approval of plans and of such supervision of construction as may be necessary in the interests of the United States. This requires the Secretary of War to consider a comprehensive plan for the improvement of the whole waterway effected by the proposed dam, both for navigation and water power, and as a part of his approval of the plans to provide for the improvement of navigation and— to fix such charge for the privilege granted as may be sufficient to restore condition in respect to navigability as existed at the time such privilege be granted. In case where the United States has not made improvements and has no property rights in connection with the waterway, this proviso authorizes the Secretary of War to fix charges for whatever rights of the United States which now or can exist with respect to navigability of this waterway in any way effected by this project. The Secretary of War may impose such proper charge as he may see fit upon this basis and within this limit. So the committee does not believe that any further extension of authority is necessary, and a construction of this language in the existing law can secure all the Secretary of War desires within the limits of the constitutional powers of Congress. Second. The suggestion that Congress reserve the right to supervise the price charged to consumers is guarded by the general dam act by the right to "alter, amend, or repeal this act" and by the expiration of the franchise at the end of 50 years. The proper authority to control the charge to consumers are the several States, in the exercise of their police powers, while the United States can only act subordinate to them, by conditions made a part of its grant authorizing the construction of the dam. This subordinate right of control should only be exercised in flagrant cases where the State is unable and unwilling to properly perform its functions. Such cases should not be assumed. But if any shall arise in the future Congress may amend its grant by fixing conditions as to proper charges for the consumers, if it shall be shown to be necessary for their protection. But now it does not seem wise to presume that the several States will be derelict in their responsibility to their own people. о 62D CONGRESS, HOUSE OF REPRESENTATIVES. J REPORT 2d Session. No. 1046. BRIDGE ACROSS PENOBSCOT RIVER, ME. JULY 23, 1912.—Referred to the House Calendar and ordered to be printed. Mr. GOULD, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT. [To accompany S. 6763.] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (S. 6763) to authorize the cities of Bangor and Brewer, Me., to construct or reconstruct, wholly or in part, and maintain and operate a bridge across the Penobscot River between said cities, without a draw, having considered the same, report thereon with a recommendation that it pass. The following is the report of the Senate Committee on Commerce: [Senate Report No. 947, Sixty-second Congress, second session.] The Committee on Commerce, to whom was referred the bill (S. 6763) to authorize the cities of Bangor and Brewer, Me., to construct or reconstruct, wholly or in part, and maintain and operate a bridge across the Penobscot River, between said cities, without a draw, having considered the same, report thereon with a recommendation that it pass with amendment. The bill has been submitted to the War Department, as will appear by the attached communication from the Secretary, transmitting a letter from the Chief of Engineers, in which he gives the pertinent facts in the case without making any recommendations. Attention is also invited to the report of the local engineer, a copy of which is hereto attached and made a part of this report. [First indorsement.] WAR DEPARTMENT, June 18, 1912. Respectfully returned to the chairman Committee on Commerce, United States Senate, inviting attention to the accompanying report of the Chief of Engineers, United States Army, dated 15th instant, and statement of Col. Craighill referred to. ROBERT SHAW OLIVER, |