The herald., 1897-11-25
PERSONAL
INFLUENCE
Had Nothing to Do With
Acts of Alger
AN OVERSIGHT OF CONGRESS
LEFT THE ADVERTISING FUND
EMPTY
AN OVERSIGHT OF CONGRESS
The Secretary of War Writes to Estee
of California Concerning the
Harbor Matter
Associated Press Special Wire.

Associated Press Special Wire.
SAN FRANCISCO, Nov. 24.-The Hon.
Morris M. Estee of this city today re.
ceived letter and certain important
documents from Secretary Of War Rus
sell A. Alger, relative to the harbor at
San Pedro.
The letter, given in full below. ex-
plains itself. Some explanatory words.
however, are necessary concerning the
Enclosures referred to as marked and
2, etc.
The principal of these is an opinion
handed down by G. Norman Lieber,
Judge advocate general for the war de-
partment, and explains the cause of the
delay in proceeding with the work on
the harbor.
This is due to an. oversight Of con-
gress, so the judge advocate says, in not
providing an appropriation Of money
sufficient to meet the preliminary ex-
penses, such as advertising, ETC., etc.
The question is, "Shall the sum of $2,-
900, 900. the total appropriation, be ex-
pended in the building of a harbor OF
refuge or breakwater, leaving the har-
Dor for commerce for some future ap-
propriation?" Congress has not made
itself clear upon the point and the Sec
retary of war will endeavor to deter
mine the point by asking the opinion OF
the attorney general.
Under the statutes" continues the
opinion of the judge advocate, mo off,
cial of the United States can do any,
thing unless expressly directed so to do"
Unfortunately the secretary of war
cannot go on with the harbor work be-
cause the act Of congress does not re-
Quire him to dc so, and, worse still, there
has been no money appropriated for the
preliminary expenses. The judge advo-
cate concludes by expressing the hope
| that the matter may be remedied at the
next session.
The other enclosures referred to in
the letter subjoined are extracts from
the act empowering the building Of the
harbor, in order to make clear the rea-
soning of the judge advocate. The let
ter follows:
War Department, Washington, Nov. Il.
1897.
My Dear Gen. Estee: Your valued IA
vOr Of the 18th inst, relating to San
Pedro harbor is before me. OF course,
as you should know, thank you very
much for your kindly expressions per-
sonally to myself, all Of which are
thoroughly reciprocated.
Concerning the San Pedro harbor,
have been as much disturbed about it as
the people of California who seem to
think there is some unseen force that is
stopping the work which they had ex-
pected would be commenced at once.
That no personal influence has had to
do with this matter, further than to
call my attention to both sides Of the
case, trust you will believe is true. I
think, however, that can best answer
your questions by sending an official
document dated, War Department,
Washington, May 49, 1897 (marked No.
y, which will explain itself. Congress
taking no action in the matter, and be-
ing urged to commence work, I adj
dressed a second communication to the
president, a typewriter copy of which
enclose (mar1ked No. p.
Congress having again failed to make
reply, I asked the attorney general as
to whether was authorized to advertise
L
not, but that 1 was authorized to adj
vertise for breakwater. This was re-
ceived while was on my summer vaca-
tion.
AS soon as returned, the chief of en-
gineers was directed to prepare specifi-
cations for advertising the breakwater.
The data for specifications was forward
ed to Major Davis, in charge Of that
-k.;ak CoJ; IN ~.t,.o .-1J-.
enough has been returned to my desk to-
day and I am going over it. I also in
close you copy of the river and harbor
act authorizing the commission, which
covered the case Of San Pedro, as you
will see on pages Is and IA.
Under this law l would not take the
responsibility against my own judg-
ment of advertising part of the work
when 1 was sure-and had received the
same assurance from members Of con-
gress who had voted for the bill-that
it was the intent that the harbor Of
commerce land of refuge should be
completed within that appropriation.
However, the opinion of the attorney
general relieves me of that RESPONSE
bility.
By examining this act, however, you
will see that there is not one dollar ap-
propriated for the work, nor can there
be until the present congress shall act
in the matter. (See also copy Of opin-
ion of judge advocate general enclosed.)
The law simply authorizes the making
of the contract. but makes no specific
annual appropriation for it.
By section 5, page 81, of same act, you
will see that the secretary of war cannot
expend to exceed $1,000 in any one year
upon any one work. Very truly yours,
(Signed) r. A. ALGER,
Secretary of War.