The herald., 1897-03-03
THE ACT OF CONGRESS
Under Which the Harbor Commission Rene
dered Its Decision

ucTeu itS Deci8.0n
The act of congress under which the
harbor commission was appointed and
which governs the matters in this cast In
as follows:
For a deep water harbor for com-
merce and of refuge at Port Los Angeles.
in Santa Monica bay, California, or at
San Pedro in said state, the location Of
said harbor to be determined by an off,
Ger of the navy, to be appointed by the
secretary of the navy; an officer of the
coast ana 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
constitute a board, and who shall per.
sonally examine said harbors, the de-
cision of a 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 improvement. Whenever said board
shall have settled the location and made
report to the secretary of war of the
same, with said plans, specification and
estimates, then the secretary of war
may make contracts for the completion
of the improvements of the harbor so
selected by said board, according to the
project reported by them, at a. cost not
to exceed in the aggregate 81, 900, 900, and
$4,000 Is hereby appropriated, so much
thereof as may be necessary to be used
for the expenses of said board and pay
ment of the civil engineers for their SER
vices, the amount to be determined by
the secretary of war"
Provided, however, that If the board
hereby constituted, as in this section
provided shall determine in favor OF
the construction of breakwater at Port
Los Angeles, no expenditure of any part
of the money hereby appropriated shall
be made, nor shall any contract for the
construction of such breakwater be en-
tered into until the Southern Pacific
company, or the owner or owners there
of, shall execute an agreement and file
the same with the secretary of war that
any railroad company or any corpora
tion engaged in the business of trans
portation, may share in the use of the
| pier now constructed at Port Los An-
geles and the approaches and tracks
leading thereto. situated westerly of the
easterly entrance to the Santa Monica
| tunnel upon such just and equitable
terms as may be agreed upon between
the parties. and If they fail to agree,
then to be determined by the secretary
of war; and before any expenditure Of
for the construction of a breakwater at
Port Los Angeles, said Southern Pacific
company or the owner of the tracks and
approaches leading to said pier. shall
execute an agreement and file the same
with the secretary of war. that any rail-
road or transportation company or cor
poration desiring to construct wharf
or pier in Santa Monica bay may, for
the purpose of approaching such wharf
or pier and for the purpose of construct
ing and operating the same, across the
track or tracks, approaches and right
of way now used by the Southern Pa
cific company under such regulations as
may be subscribed by the secretary Of
war; and upon the payment of such COM
pensation as that officer may find rea-
sonable. Provided. further. that In the
event said harbor is located at Port Los
Angeles no greater royalty on the rock
used for the construction of the break
water than 121s cents cubic yard shall
be charged, and the Southern Pacific
company shall charge no more than u
cent ton per mile for freight on rock
transported over It's road"