The San Francisco call., 1897-11-25
FOR REFUGE OR
FOR COMMERCE.!
Difference Of Opinion as to
What San Pedro Har-
Dor Should Be.
Some Important Documents Re-
Ceived From Secretary Alger
by M. M, Estee.
1t Is Claimed That Congress Neg
leoted to Make the Necessary
Appropriations.

A letter from General Russell A. Alger.
Secretary OF War, together with mum Der
OF documents which were received yester-
day afternoon by the Hon. NJ. NJ. Estee,
go long way toward explaining Why the
work on the new harbor 8 San Pedro has
been so long delayed.
Mr.. Alger was Of the opinion that the
wording of the set providing for the i'm
provements did not give him full authority
TO let the contracts and begin the WORK, so
be placed himself IN communication with
Norman Lieber, Judg e-Advocate General
for the War Department. Mr.. Leber is
very much of the same opinion as Mr.
Alger on the matter, who believes Con-
gress has not made it e clear as to
whether the total appro priation Of 81, 800 =
COO should be expended in the building Of
a harbor of refuge or breakwater. leaving
the har Dor for commerce for some future
time, or if both should be constructed or
the same appropriation and at the same
time.
Alter quoting in full the act which pro-
vides fur the selection OF a commission to
choose a suitable location for the harbor,
Mr.. Lieber in MS opinion says:
The board provided for has selected San
ported the same TO the Secretary of War, with
plans, Specifications and estimates for the i'm
prOvemeut, as the act requires.
You ask me now ii the secretary of War is in
a position 10 proceed with the work. LIDO not
think he is. The act does not expressly re-
quire HIM to commence the work, and no
money has been appropriated to enable him
to do so The sta tute provides that on The said
report being made 10 the Secretary of War bv
the board he may enter into contracts for the
com pleiion OF the Improvements of the harbor
90 inf*n a linz
prof .ct reporttd by them, the com pletion OF
the improvements to be at cost not exceed
ing in the aggregate an amount specified in
the act.
But not cent has been appropriated to en-
able the Secretary of War to pay for adve It's
ing for bids or Tor any of the Numerous ex-
penses OF entering into con tract and COM
mencing the work, let alone the matter of
paying for 1t as done by the contractor.
Clearly it was assumed that the money to
pay for 1t was appropr ated by the act, but it
is equally as Gear from an inspection of IT,
Language OF the act that this approprla ton
had not been made and was not made AT all
And, as indicated above, the Secretary OF War
nGs not power TO do ANYTHING until there is an
appropriation of money 10 pay the expenses
OF the same, nor is he expressly authorized by
the statute 10 incur an Indebted ness for it.
This opinion seems to have convinced
the Secretary OF War that he was on the
right track and perfectly justified in all
addressed the following letter TO Mr.. f.:
tee, together with all documents bearing
on the case;
WAR DEPARTMENT
WASHINGTON. November IL 1897 /
My Dear General Estee: Your valued favor Of
the l1th inst, relating 10 San Pedro harbor.
is before me. OF course, rs you should know
L thank you very mucn Tor your kindly ex-
pressions personal to myself all OF which are
thoroughly recipr Gated.
Concerning The San Pedro: have been as
much disturbe about it as the people of Cali
iorniH, who seem TO think there Is some un-
seen force that IS stopping the work which
they had expected would lie commenced at
once. That no personal influence has had to
do with this mater, further than to call nv
attention to both sides OF the case, trust YOU
viii believe is true. l think. however that
can best answer your questions by sending
cficIaI document dated War Department
Washington, May IS, 1897 (marked No u,
which wIl explain itself. Congress taking no
action i II the mster, and being urged to COM
meuce work, | addressed a second commuui-
cation 10 the President. tvpe-wri tten copy
of which ] icclOse marked No q In accord
ance with No. 2. Congress having again iailed
to make reply, asked the Attorney .neral
as TO whether l WAS authorized to advertise