The herald., 1897-09-17
M'KENNA'S
OPINION
Sets at Rest All the Doubts
of Alger
THE PROJECT FOR SAN PEDRO
SIMPLY MEANS BUILDING A
BREAKWATER
THE PROJECT FOR SAN PEDRO
Under the Law Harbor Of Refuge Is
Also a Harbor for
Commerce
Press Special Wire.

WASHlNGlON, sept. lo.-SeCretdry
Alger has made public the full text of
the opinion of the Attorney-Generalr rel
ative to the improvement of San Pedro
Harbor Cal. The document bears date
August 9th.
The Attorney-Ge states that the
question presented by the War Depart
ment was whether it would be justified
in advertising for the whole work maxi
ing the depth in the harbor twenty-five
feet instead of thirty feet, which, in the
opinion Of the Secretary, would be am
pie for the present commerce of the Pa
cific centering there, and also for the in
ner harbor (harbor Of commerce) half
the dimensions named in the original
plan.
The Secretary expressed doubt as to
his duty in the matter as we'll as the suf-
ficiency of the appropriation to provide
for harbor both of commerce and ref
uge, although he had suggested that
private means might be used to assist in
carrying out the double project.
Attorney General McKenna quotes
the paragraph of the appropriation act
prefacing his remarks with the state
ment that the Secretary's inquiry should
be answered in the negative, proceeds
to construe his powers under the law.
He says that the board was to determ-
inc the location of the harbor and also
the plans for improvement, which were
large powers, and says further: There
is limitation of the amount to be ex-
pended, in all else the judgment of the
board was free. They decided between
the places and the contracts by the Secre-
tary of War were to be according to the
project reported by them.
THE ACT IN QUESTION
The section Of the act referred to by the
attorney general Is as follows:
For a deep-water harbor for COM
merce and of refuge at Port Los An
geles In Santa Monica bay, California,
or at San Pedro in said state, the loca-
tion of said harbor to be determined by
an officer of the navy, an officer OF the
coast and geodetic survey, to be de-
tailed by the superintendent of said
survey, and three experienced civil en-
gineers, skilled in riparian work. to be
appointed by the president who shall
sonally examine said harbors the de-
cision of majority Of which shall be
final as TO the location OF said harbors.
1t shall be the duty of said board TO
make plans, specifications and estimates
for said improvements. Whenever saic
board shall have settled the location
and made report to the secretary OF
war of the same, with said plans, specifi-
cations and estimates, then the secretary
Of war may make contract for the COM
pletion of the improvement of the har-
Dor so selected by said board, accord
ing to the project reported by them at a
cost not to exceed IN the aggregate
81 900 900, and $50 900 is hereby appro-
priated, so much thereof as may be nee
essary to be used for the expenses of
said board and payment of the civil en-
gineers for their services, the amount to
be determined by the secretary of war;"
THE DECISION FINAL
"The decision Of the board was final
as to location, and 1t shall be its full
duty to make plans, specifications and
estimates for the said Improvements
and upon its report the Secretary of War
will make contracts for the completion
of the improvement according to the
project reported by them.
THE law itself. besides, indicates that
in the project both places mentioned are
open roadsteads; in both, therefore,
breakwater would be necessary to make
a protected water harbor of refuge, and
this may be a harbor Of commerce as
| we'll.
obviously 30, for at Port Los Angeles,
= HI, Il fI,at
or pier or wharf or excavation of docks
formed by them part of the project.
They are the means by which private
enterprise may avail itself of the pro-
ject Some piers are already erected at
Port Los Angeles. They are the prop
erty of the Southern Pacific Company
and to remain 50. From careful con-
sideration of the report of the board.
1 am of the opinion that the project re-
ported by them is a and that
it fulfills the provision of the law and
will make within its meaning harbor
of commerce and refuge"
BUsYDAY
The president was very busily engaged
at the White House today. Several men,
bers of the cabinet were in consultation
gressmen and other distinguished visit
ors also called, and all day long the ante
chambers were thronged with Office
seekers. Among those who saw the pres
ident were Secretaries Sherman, Bliss,
Alger, Assistant Secretary Day, Assist
ant secretary Roosevelt and Senator
Platt.
1t is learned from an absolutely au-
thentic source that the statement pub
lished that Senator Platt had urged
Secretary BlisS to accept the regular
Republican nofnination for mayor of
Greater New York, and that President
Mckinley had added his appeal to that
of the New York senator, are utterly
without foundation. Secretary Bliss. it
transpires. did not participate in the
conference between the president and
Senator Platt and other New Yorkers
yesterday.