The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-17
0TF1E FARBOR SUFFICIENT FOR
COMMERCE AND REFUGE.
Now the War Department Is Authorized
to Go On With the Prelirninaries
of the Proposed Improvement
Of the Deep Sea
Harbor.

WASHINGTON, D. c., Sept 16-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
following opinion given by Attorney Gen
eral McKenna to Secretary of War AIger,
NJ made pubic to-day for the first time:
Il have the honor to acknowledge the
receipt of your com municauon OF August
81, in relation to San Pedro harbor. The
inquiry you PROFOUND, W ich will be
stated hereafter. grows out of the p-ovi-
sion of the river and harbor act of 1895
and a report Of board of engineers pro-
vided to be appointed by it.
=. ou express doubts of your duty and
ri pier under the act, and the report of he
g bfd as to whether the appropriation is
I slicient TO provide for harbor beth OF
= -cctmerce and refuge. After some discus
si6h you say: L is possible, however.
that in order to complete this harbor for
commerce and of refuge there may be pri-
vate subscriptions by those who are finan-
cially interested N the matter to enable
the building OF the breakwater and also to
create or deepen The inner harbor and ap-
proach to the same The opinion of the
Attorney- General is therefore respectfully
requested as TO whether the War Depart
ment would be ju titied in advertising for
the whole work, and lii making a dspth
OF twenty five feet instead OF thirty feet, as
Of
Is heretofore reierr d TO, which would be
ample, in nv opinion, for the present
commerce OF the Pacific centering here,
and also for an inner harbor (harbor of
commerce) of say half the dimensions
named in nv letter OF May 18.'
This inquiry may be and should be
answered IL the negative. but think the
law and your power under 1t, and as de-
termined Y the report OF the board, may
be considered more broadly"
After quoting the act providing for the
harbor the opinion continues:
The statute, therefore, provided for a
deep-water harbor for commerce and of
refute at one of two places-San Pedro or
Port Los Angees-and the appointment
OF a board to select the place and deter
mine the plans of improvement. 1t will
be observed that the powers of the boari
are large There is limitation of the
amount to be expended-in all else the
Judgment of the board is free. They de.
clded between the places and the con-
tracts of the Secretary of War are to be
according to the project reported by
tbem.' The decision of the board is final
as to location, and 1t shall be their duty
to make plans. specifications and estimates
for said Improvement and on their re-
mort the Secretary of War may make
contracts for the completion of the i'm
provement, according 10 the project
reported by them2' The law itself, be-
sides, indicates the project tn the
places mentioned, are open roadsteads /;
at both, therefore, a breakwater is neees-
sary 10 make protected water harbor ot
refuge, and this may be a harbor OF COM
merce as well. This is obviously so al
Port Los Angeles, as we shall see.
The report Is voluminous, too much
so 10 be quoted, and yet it can hardly be
understood any other way. The double
function of the board to select and hence
compare sites and report plans for both
led them into comments and comparisons
and an intermingling OF consideration
somewhat confusing; nor did they ac-
curately designate that which was to be
the work of private enterprise or that
which was ne cesaary now and that which
might become so with the advance OF
time and trade. 1 do not think. however,
that the ouays or piers or wharves or the
excavation of the docks formed by them
are part of the project reported They
are the means by which private enterprise
may avail itssIf of the project.
Some piers were already erected at
Port Los Angeles. They were the prop
erty OF the Southern Pacific Company and
were TO remain so. The law only required
that other transportation companies
should be allowed TO use them, bHi, how
Never, upon such just and equitable terms
as should be agreed on, or If agreement
fail 10 be determined by the Secretary OIL
War.
From q careful consideration OF the re-
port of the board am of the opinion that
the project reported by them is break
water and that it fuifi!ls the provision OF