The herald., 1897-09-24

ney-Gene eral McKennas opinion on the
San Pedro harbor question, dated Au-
gust 9, 1897:
1.-THE Honorable the Secretary of War:
"Sir-I have the honor to acknowledge
the receipt Of your communication of
August Sd, in relation to San Pedro
harbor.
'"The inquiry you PROFOUND (Which
will be stated hereafter) grows out of the
provision of the River and Harbor Act
of 1896 and report of the board of engi-
neers provided to be appointed by it.
You express doubts of your duty and
power under the act and report of the
board as to whether the appropriation
is sufficient to provide for a harbor both
Of commerce and refuge. After some
discussion you say:
1t Is possible, however, that in order to
complete this harbor for commerce and of
refuge there may be private subscription
by those who are 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-Gener-
al Is therefore respectfully requested as
to whether the War Department would be
justified in advertising for the whole work
and in making depth of twenty-five feet
instead of thirty feet as suggested in my
communication of May 18th. heretofore
referred to (Which would be ample, in my
opinion, for the present commerce of the
Pacific centering there), and also for an
inner harbor (harbor of commerce of. say,
half the dimensions named in my letter of
May 1Sth).
''This inquiry, may be, should be an
swered in the negative but think the
law and your powers under it and as
determined by the report of the board
may be considered more broadly"
Then follow the provisions of the
River and Harbor act, unnecessary to
quote here. The Attorney General then
goes on:
1.-The statutes, therefore, provided for
q deep water harbor for commerce and
refuge at one of two places-San PEDRO
or Port Los Angeles; and the appoint
ment of board to select the place and
determine the plans of improvement.
ut will be observed that the powers of
the board are large.
There is a Limitation of the amount
to be expended-in all else the judgment
of the board is free. They decide be-
tween the places and the contracts Of
the Secretary Of War are to be accord
ing 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 esti-
mates for said Improvement and upon
their report the Secretary of War may
make contracts for the completion of
the Improvement . according
to the project reported by them The
law ITSELF besides, indicates the project.
Both the places mentioned are open
roadsteads; in both, therefore, break
water Is necessary to make protected
water-a harbor of refuge, ard this may
be harbor of commerce as well. OBJ
viously so at Port Los Angeles, as we
shall see.
1.-The report Is volumin ous-too mucn
% to be quoted and yet 1t can hardly be
understood any other way. The double
function of the board to select and hence
compare sites and plans for both led
them into comments and comparisons
and an interminglirg of considerat tions
somewhat confusing, nor did they ac-
curately discriminate that which was to
be government work from that which
was to be the work of private enterprise
or that which was necessary now and
that which might become so with the
advance OIL time ana trade. 90 not
think, however, that the quays or piers
or wharves or the excavation of the
docks formed by them are part Of tbs
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 Angeles. They
were the property of the Southern Pacific
Company and were to remain so. This
law required only that other transpor-
tation companies should be allowed to
use them but, however, upon such just
and equita BILE terms as should be agree d
on or II agreement fail then to be de-
termned by the Secretary of War
From a careful nsideration of thu
report Of the board, I am of the opinion
that the project reported by them Is a
breakwater and that it fulfills the pro-
vision of the law and will make within
its meaning harbor for commerce and
Of refuge. Respectfully yours
JOSEPH M'KENNA,
'Attorney-Gene