Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-16
SELECTION OF SAN PEDRO
Opinion of the Attorney General in the
Matter.
Believes That the Project Reported
Provisions of the Law.

The decision of the President and cabinet
TO proceed with the Improvement of San
Pedro harbor. without waiting further
legislation by Congress. is based on the fol-
lowing opinion given by Attorney General
Mckenna to Secretary of War Alger, made
public today for the first time:
i have the honor to acknowledge the re-
ceipt of your communication of August 3.
in relation to San Pedro harbor. The in
quiry you PROFOUND (which will be stated
hereafter, grows out of the provision of the
river and harbor act of 1896 and report
of board of engineers provided 10 be APP
pointed by IL.
You express doubts of your duty and
power under the act and report of the
board to whether the appropriation is
sufficient to provide for harbor both of
commerce and refuge. After some discus
SIGN. you say:
1T is possible, however that in order to
complete this harbor for commerce and Of
refuge. there may he private subscrinti ons
by those who financially interested in
the matter. to enable the building of the
breakwater. and also to create or deepen
the inner harbor and approach TO The same.
The opinion of the Attorney General is
therefore respectfully requested as to
whether the War Department would lie
justified in advertising for the whole WORK.
and in making a depth of twenty-five feet.
instead of thirty feet. suggested III my
communication of May Is heretofore re-
feIred to (Which would be ample. in my
opinion, for the present commerce of the
Pacific .centering there). and also for III.
inner harbor (harbor of commerce of. say.
half the dimensions named in my letter of
May 1S)"
This inquiry may be. should be answered
in the negative. but l think the law and
your powers under it. and as determined
by the report of the board, may be con-
sIdeIed more broadly
After quoting tn. act pro.iding for the
harbor. the opinion continues:
The statute. theI efore, provided for
deep water harbor for commerce and of
refuge at one of two places-San Pedro OF
Port Los Angelo5-and the appointment
of a hoard To select the place and deter
mire the plans of Improvement.
1t VII be observed that the powers CT
the board are large. There is n limitation
of the amount TO be @Xpende,l-in all else
the judgment of the board is free. They
decided between the places and the con-
tracts Of the Secretary of War are TO be
according To the project reported by
them" The decision of the board is final
as TO location. and it shall be their duty
to make plans. specifications and estimates
for said Improvement. and upon their re-
port 1.-The Secretary of War may make con-
tracts for the completion of the improve
ment according TO the project
ported by them The law Itself besides.
indicates the project. Both the places men
toned open roadsteads: in both. there
protected wats--a harbor of refuge, and
this may be a harbor of commerce as well.
Obviously so al Port Los Angeles, as we
shall see.
The report is voluminous-too much so
To be quoted. and Yet it can hardly be I'M
derstOod any other way. The double func-
ton of the board to select and hence COM
pare sites and report plans for both led
them into comments and comparisons and
an intermingling of considerations some
what confusing. nor did they accurately
discriminate that which was to be govern
ment work from that which was to be the
work of private enterprise. that which
was necessary now. and that which might
become so with the advance of time and
trade | do not think, however. that the
uuayS or pier or TEarveS or the eXcavd-
ton of the docks formed by them are a
Tart of the project reported They are the
means by which private enterprise may
avail itself Of the project. Some piers
were already so erected at Port Los An
Feles- They were the property CT the
southern Pacific Company, and were TO re-
main So The law only required that other
transportation companies should he al
lowed to use them, but however. upon
such just and equitable terms as should
be agreed on. or. If agreement fail. linen
TO be determined by the Secretary of War"
From a careful consideration of the re-
port OF the board / am of the opinion
that the project reported by them il; d
breakwater. and that it fulfills the pro-
vision of the law, and will make within its
meaning harbor for commerce and of
refuge.