Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-05-07
ANOTHER ROUND IN THE PORT Ar
THUR-sABINE CITY FIGHT.
ALGER WILL NOT INTERFERE.
FINDS HE HAS NO RIGHT TO ISSUE
A PERMIT FOR DREDGING.
But Neither VIII He Interfere, and
So Mr.. Stilwen md kountze
Bros. VIII BE Left to Fight
1t Out in Their Own
Way.

Washington, May 6--(Special) The at
torney general to-day rendered Il decision
to the effect that the secretary of war has
no authority to grant permit to the pro-
prietors of the Port Arthur townsite to
dredge a channel through the shallow
waters OF Sabine lake, seven and a half
miles to the townsite of Port Arthur. The
decision OF the attorney general follows
closely the brief filed by ex-senator Pad
dock to the effect that congress alone has
power over navigable or potentially navi-
gable streams, SO far as their improvement
Is concerned. In the present case. most of
those interested in the deep water harbor
at Sabine Pass have protested against the
digging of u canal through the mud OF
Sabine lake to the harbo- below, on the
ground that such private improvement
would injure the government works. The
secretary of war referred the matter for
legal opinion to the attorney general. and
that official decides that no private enter
prise can receive a permit from the war
department for an alleged harbor i'm
provement on waters which are under the
jurisdiction of congress without special
legislation from the legislative branch OF
the government.
Following the opinion OF Attorney Gen.
eral McKenna, Secretary Alger tonight
has concluded not to issue a formal per-
mission to the Port Arthur people for the
work but, on the other hand, not to in
terpose an objection. The parties will be
informed, however, that they would better
secure the assent of congress before they
undertake. to touch channel in the pass
itself.
An official Of the Kansas City, Pittsburg
& Gulf road said last night that the story
received by The Journal from Washington,
given above, conforms to information re-
ceived by the company from their repre-
sentative in Washington. In his opinion,
the decision simply neans that the gov
ernment steps aside and allows the fight
over deep water terminals to be settled by
Kountze Bros. and the Port Arthur peo-
pie.
1t was given out at the Gulf office that
the chief engineer of the road has COM
menced work on plans to run the road out
over the lake on piles to a point where
flatboats can take cars down to deep water
where freight can be transferred to sea-
faring vessels. This plan was covered some
days ago in The Journal and at that time
was met with denial from certain quarters
This is to be temporary arrangement to
handle this years crops and business. and
in the meantime permanent arrangement
for handling the business is to be pro-
vided
1t is given out at the Gulf office that
the order has already been given to head
the dredge boat for the Texas shore. BY
way Of permanent arrangement, 1t is pro-
posed to construct canal on the Texas
coast extending to deep water. 1t will re-
quire an act Of congress allowing this
canal to tap deep water. Here Is where
the fight will be precipitated.
AS Mr.C.P. Huntington has had harbor in
terests before congress for twenty years.
he has a fair amount of information about
securing or obstructing legislation which
originates with the house committee on
rivers and harbors. In the event he should
conclude to oppose legislation. by way of
being ugly on general principles, 1t will
make a very warm fight.
1t is insisted, however, by some of the
Gulf folks that Huntington will not offer
objection; that he does not back the Kountze
people and hence the latter alone will
appear In the congressional fight But the
claim is made that 1t does not matter how
long 1t takes, the temporary arrangement
will furnish deep water and in some way
Port Arthur will secure deep water.
The promise of this on the part of Pres
ident Stilwell Is out. and the claim is made
that he will make 1t good to Port Arthur
interests. 1t is now a fight between two
towns, and possibly the country will be
shocked again with fearful war stories such
as came from Minneapolis and st. Paul at
one time