The record-union., 1897-11-25
Letter on the Subject From Secretary Of
War Alger to N. N. Estee.
He Cannot Act Without More Pow.
er From Congress, No Money
Having Been Appropriated for
the Preliminary Works Act
ing in Accordance With Opin-
ions From the Attorney-Gen-
eral.

day received letter and certain impor-
tant documents from Secretary of War
Russell 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
z, etc. The principal of these is the
opinion handed down by G. Norman
Lieber, Judge Acknowledgement for
| the War Department, and explains
the cause of the delay in proceeding
with the work on the harbor This is
due to an oversight Of Congress, so the
Judge Advocate says, in providing an
appropriation of money sufficient to
meet the preliminary expenses, such
as advertising, etc. The question is:
Shall the sum of $2,900,00O, the total
appropriation, be expended in the build
ing of harbor of refuge or breakwater,
leaving the harbor for commerce for
some future appropriations" Congress
has not made itself clear upon the
point, and the Secretary of War will
endeavor to determine the point by
asking the opinion of the Attorney-G Gen
eral
Under the statutes" continues the
opinion of the Judge Advocate. mo
official of the United States can do
anything unless expressly directed so
to do. Unfortunately, the Secretary Of
War cannot go on with the harbor work
because the Act of Congress does not
require him to do so, and, worse still,
there has been no money appropriated
for the preliminary expenses
The Judge Advocate concludes by ex-
pressing 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 har-
bor, in order to make clear the reason
ing of the Judge Advocate. The let
ter follows:
War Department,
washington, D. c., Nov. II. 1897.
"My Dear General Estee: Your val
ued favor of the 18th inst, relating to
San Pedro harbor, is before me. OF
course, as you should know, L thank
you very much for your kindly express
sions personal to myself. all of which
are thoroughly reciprocated.
Concerning San Pedro, I have been
as much disturbed about it as the peo-
pie 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. I trust you will believe is true. I
think. however, that I can best answer
your questions by sending official doc
ument dated War Department, Wash
ington, May Is, 1897, marked No. l,
which will explain itself.
Congress taking no action in the
matter, and being urged to commence
work. addressed second communica-
ton to the President, typewriter
copy of which I inclose (marked No. y.
In accordance with No. ., Congress hav-
ing failed to make reply, / asked the
Attorney General as to whether / was
authorized to advertise the whole work.
He answered that I was not but that I
was authorized to advertise for break
water. This was received while 1 was
on my summer vacation. AS soon as
returned the Chief of Engineers was
directed to prepare specifications for.
advertising the breakwater. The data
for specifications was forwarded to Ma
ior Davis. in charge of that district in
California. and strangely enough has
been returned to my desk to-day, and 1
am going over it.
'T also inclose you a copy of the riv-
er and harbor Act authorizing the
commission which covered the case of
San Pedro as you will see on pages 13
and IA. Under this law I would not
take the responsibility against my own
Judgment of advertising a part of the
work. when I was sure and had re-
ceived the same assurance from men1-
bers of Congress who had voted for the
hill-that it was the intent that the
harbor of commerce and of refuge
should be completed within that ap-
nropriation However. the opinion of
the ACKNOWLEDGEMENT relieves me of
that responsibility.
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 the Judge Acknowledgement in
closed) The law simply authorizes
the making of the contract, but makes
no specific annual appropriation for it.
Rv section 3, page 81 of same Act, you
will see that the Secretary of War can
not expend to exceed 100000 in any
one year upon any one work Very truly
YOURS. r. A. ALGER,
&c