The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-03-13
HAMMOND LOBBY FAILS
GOVERNOR RECALLS AND VETOEs
THE HARBOR BILL.
Says He Is Convinced that Ii Would
Work Hardship ON Many
Owners of Property.

Governor Mount yesterday vetoed the
Hammond harbor bill. which he recalled
from the office OF the secretary of state the
day before. In his veto message the Gov
ernor declares that the existing statute is
sufficient to enable cities upon navigable
streams or lakes TO construct harbors, but
this is for an inland city. He declares that
no necessity for the construction Of this
public work exists and cites the report OF
the chief of United States army engineers.
He then goes through the bill very thor
oughly. pointing out objections TO a num-
Der Of the things ii contains.
The attorneys of the Calumet Improve
ment Association. which is behind this plan
to improve the Calumet region, are great
~ excited over the veto and if their pres
ent plans are carried out they will endeav-
or 10 bring before the courts the question
decided in the opinion of the attorney gen
eral as 10 whether or not the Governor
can recall an act after he has once depos-
tied it with the secretary Of state.
The message of the Governor accompany
ing the veto is as follows:
Il herewith file House enrolled act No.
J6S together with my objections thereto.
The proposed statute seems TO me 10 lie
unnecessary for any legitimate proper
Improvement. The existing statute, Sec
ton 35T, etc, Revised Statutes OF 1884,
provides for all improvements for any city
situated upon or adjoining any harbor con-
nected with "A navigable stream or lake or
upon any natural water course, which, by
dredging, or otherwise, may be made into
harbor.' This bill, however, seeks 10 au-
thorize such Improvements by an inland
city, five miles from any such stream or
water
mo necessity for the construction OF this
public work exists. This is shown by the
report of the chief of engineers OF the
United States army under date OF Jan. :.
1877. a copy OF this report or the chief or
engineers is hereto attached. BY this report.
made under preliminary survey directed
by act of Congress. ii appears, nrst, that
there is no for such harbor improve
ments: second. that the estimated cost of
the same would be 1885. 042, and even this
would not bring the harbor within a mile
mile and half of the Calumet river.
THE scheme Of this bill contemplates the
assessment of the entire cost of this work
upon property owners directly. IL does not
contemplate the issuing Of the bonds OF the
city upon which IL shall be liable as such
Indeed, this could not be done upon the
credit of the city direct because OF the pro-
hibitiOn OF Article IL OF the CONSTITUTION
against a debt in excess of per cent. OF
And vet under Section 10, It is pro-
vided that the funds of the city may in
directly be used for this purpose. thus, II
is believed, violating, at least, the spirit
of this constitutional provision,
THE effect of n threat of such enormous
assessments would be to cast a cloud upon
the title of all the property within I'VE miles
of the city, because with authority 10 a
city council TO make unlimited expenditures
and charge them upon property In TINS
way, no one could calculate at all the
amount of lien upon his property.
There is no restriction in this act as to
the price at which the bonds issued shall be
sold Bonds to the amount of one, two or
three millions of dollars may be issued ana
sold at q ruinous discount.
The effect OF the bill is TO give the Com
mon Council of the city of Hammond juris-
dietion to assess al propeTrStX, WITHIN nd the ne
Whiting, which are independent munic-
ipalities. If this may be done, IL Is not
seen why each of these municipalities
in Hammond. The effect would necessarily
be to produce endless conflict and confu-
sion.
"As already stated, this bill applies as
we'll to East Chicago as TO Hammond. East
Chicago is within five miles of these
waters. Suppose that both attempt to do
the same thing, and there is no reason why
one should not as well the other, what
would be the effect?
commissioners TO assess the damages and
benefits is one-sided. AS already seen, these
damages and benefits are to be assessed
upon property within five miles. Ordinarily,
when a mans property is to be assessed
and taken. provision Is made Tor an impair
tial commission appointed by the courts.
but here the party seeking to condemn APP
points the entire commission.
Section IL, contrary TO all principle with
reference to such public works, authorizes
the city to do the work directly by it's own
officers and employees instead of letting the
same by contract under competitive bid
ding. thus opening wide the door TO IA
THE expenditure by railroad and str aet-
railroad companies, etc, for bridges tres
ties. drawbridges. etc. would necessarily
be very large without any apparent COM
pensating advantages. and the prOpriety of
imposing such burdens without such adj
vantages seems TO be very questionable.
rhe fpi xri do
grants of power, without such limitations
as seem to me to be necessary and whole
matter. The bill If enacted into law would
undoubtedly provoke a great deal of litiga-
ton, and as framed the bill does not meet
my approval"
copy of n report by w. p. Craighill. brig
adler general chief of engineers of the
ment survey of Wolf lake and river. which
says:
Major Marshall. in a report submitted,
ton of the lake and Five liver co toFetber With
labor involved in the construction Of a
harbor at this point. but remarks that,
or enterprises requiring transportation by
water within mile of the borders of Wolf
lake. nor establishments of any kind other
than three ice houses along it's banks.
Major Marshall further states that there
is no navigation on Wolf lake and river. and
navigation by other craft than rowboats.
sible on Wolf lake. To adapt Wolf lake and
river to such navigation as may be possible
in connection with Lake Michigan, without
creating a navigable artificial system, re-
quires only the excavation of a trench wide
enough for the passage of a rowboat across
the bar at the mouth of the river, and two
feet deep. at an expense OF about $50. but
as this cannot have been the intent of Con-
gress in ordering the survey. he submits a
plan providing for constructing an entrance
TO the river and lake twenty feet in depth
extending from twenty-one feet in Lake
Michigan between piers 800 feet apart: for
deepening. widening and Strengthening Wolf
river, constructing five swing bridges across
the channel. with draw spans OF 100 feet
each: building bulkheads or docks in the
structing n turning or winding basin i'm
Wolf lake. and for dredging n channel TWEEN
~ feet deep and $50 feet wide. 400 linear
feet in Wolf lake The estimated cost of
this work is $l.395,042.
For reasons given, Major Marshall
states that in his opinion the Improvement
OF navigation of Wolf lake and river, with
reference to the navigation in connection
with the waters of Lake Michigan. is not
now a public necessity, and that the locality
at this time is not worthy of improvement
by the general government. His opinion
is concurred in bv Colonel Harry NJ Rob-
ert. corps of engineers, the division engi-
neer.
Trial to Get Veto Recalled.
When word reached Hammond yesterday
morning that Governor Mount had recalled
the act from the secretary of state a dele
CATION was gathered up in haste and came