The Practice of the Improvement of the Non-tidal Rivers of the United States: With an Examination of the Results Thereof

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Էջ 173 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from the navigable waters of the states, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other states or foreign countries in the customary modes in which such commerce is conducted by water.
Էջ 173 - It would be a narrow rule to hold that in this country unless a river was capable of being navigated by steam or sail vessels, it could not be treated as a public highway.
Էջ 173 - The capability of use by the public for purposes of transportation and commerce affords the true criterion of the 113. Opinion of the Court. navigability of a river, rather than the extent and manner of that use. If it be capable in its natural state of being used for purposes of commerce, no matter in what mode the commerce may be conducted, it is navigable in fact, and becomes in law a public river or highway.
Էջ 134 - Commission to take into consideration and mature such plan or plans and estimates as will correct, permanently locate, and deepen the channel and protect the banks of the Mississippi River; improve and give safety and ease to the navigation thereof; prevent destructive floods; promote and facilitate commerce, trade, and the postal service...
Էջ 135 - The plan of improvement recommended was discussed at some length in general terms, beginning with the general statement that "the bad navigation of the river is produced by the caving and erosion of its banks, and the excessive widths and the bars and shoals resulting directly therefrom.
Էջ 134 - ... is governed by law, but our knowledge thereof as concerning the Mississippi below the Missouri is still quite covered by the expressions used by the majority in the first report of the Commission : "No fixed relation has been discovered between a volume of -water and the sediment in it for any given observed velocity. The supply of earthy matter is very irregular, varying greatly, irrespective of changes of velocity, with fluctuations in the stage of river, the relative discharge of different...
Էջ 25 - In 1875 Major Merrill expressed himself in favor of extending the movable dam system throughout the entire river, qualifying his statement as to its applicability below the falls of the Ohio by saying that, although not assured of its serviceability there, it was a better system than one of permanent dams and the only other system promising...
Էջ 134 - Its waters within the limits of the alluvial district constantly carry large, although very variable, quantities of sedimentary matter. This sediment, or silt, derived from tributary streams, from caving banks, and from its own bed by erosion and scour, is borne along by the current in such manner that a large part of it is held in more or less constant suspension in the water, while a portion is rolled or swept along upon the bottom. An exact relation between the quantity of silt transported or...
Էջ 111 - Mississippi are chiefly composed of movable sand, and travel down stream at a rate in proportion to the velocity of the current, changing their shape as they pass the bends of the river or meet with obstructions that lessen the velocity, or deflect the current from its natural direction. These bars overlap each other so that a longitudinal section of the river-bed would show inequalities similar to the surface of a shingle roof, as shown by the full lines in Fig.
Էջ 26 - ... or a dam with adjustable gates for the purpose of testing substantially the best method of improving permanently the navigation of the Ohio River and its tributaries...

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