Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-08-18
APPROPRIATION IN DANGER
The Christiana improvement May DO
Delayed another Year
THROUGH A TECHNICAL DECISION
BY the Acting Comptroller of
the Treasury.
SENATOR GRAY STRIVING TO SAVE IT

QeciUeu t0hb tub CzuJ, o1D appropriated
by Congress at its last session for the
improvement Of the Wilmington harnor
10 not available, on the ground that 1t
will not complete the project, and,
therefore, cannot be used.
The opinion has been forwarded to
the Secretary OF War, having been
given In response to letter from the
chief of engineers, dated July 14th,
1893. The chief of engineers, in his
letter, quoted the section from the
River and Burbor act Of August 18th,
1894. which is as follows:
Improving harbor at Wilmington,
aud ChristiHna River. Delaware:
Continuing Improvement, twenty five
thousand dollars, including a survey
of the Christiana River and harbor,
with view of obtaining a depth Of
twenty.one feet"
In reference to the appropriation
made by this act, it might be we'll tn
state that the survey provided for was
made by Gen. W. i. Smith, engineer
10 charge OF Wilmington harbor, the
result being a project to cost 81, 269. 494,
which Included a flushing basin, the
estimated cost OF which was s779, $40.
Gen Smith Is report was submitted to
q
report dated September 18th, 1895, and
read as follows:
sin view of the great cost Of tine pro.
posed flushing tidal basin at the mouth
Of the Cbristiapa River. the uncsr
tainty Of the results to lie Anticipated
from it's employment and the evident
difficulties Of construction, the board
is Of opinion that the desired depth ut
the mouth Of the river eau be more
certainly and economically obtained
and maintained, either b. dredging
alone, or by dredging combined with
a ietty on the south side of the mouth
of the river substantially 90 recon-
mended 10 the report Of Commits sion
of Engineers dated June 18th. 1891.
The board Is, therefore. Of the opinion
that the construction of the proposed
flushing tidal basin at the mouth Of
the Christian River is not expedient. I"
The River and Hgrbor act of June
3D., 1896 contained the following item
Improving harbor at Wilmington,
aud Christians River. Delaware: Con.
tiDuing Improvement. in accordance
with the modified project, twenty
thousand dollars. And pro.
vided further, That contracts may be
entered into by the Secretary OF War
for such materials and WORK MS may be
necessary to complete the project of
improvement, not including estimates
for flushing basin and extension OF
jetty. to be paid for as appropriations
may from time to time be made by
law. not TO exceed 10 the aggregate
two hundred and twenty five thousand
eight hundred and forty six dolIars, -
After citing what had been done,
the chief of engineers, through the
Secretary Of War, stated that the total
amount Of the limit of cost established
by Congress. 1925, SAG. had been appro-
rriated, Of which $50, QUO was provided
for by the River and Iiarbor act OF
June Sd, 1896, and the balance.
sos, 646, by the Sundry Civil act OF
July LIST. 1898, both appropriations
being for continuing the improyement,
and asked whether the expenditure of
the recent appropriation was prohibited
under the decision OF the Judge Adyo-
cats General, dated February 4th,
1897, in regard to the letting OF con-
tinuing contracts in cases where the
existing project cannot be completed
within the limit of cost fixed by Con.
gross.
Acting Comptroller Mitchell's opinion
being asked for, be has ruled as follows
The act of June Sd, 1896, t29 Stat.
207l, authorized the Secretary OF War
to enter into contracts for improving
the harbor al Wilmington and Chris
tiana, Del, but provided the cost
should not exceed in the aggregate
S225, SAG. The act made an appro-
priation of $40, 600 for carrying on the
work, Hnd the remainder, viz S2O5, SAG.
has been appropriated by the Sundry
Civil act OF July LIST, 1898 (I'ublic No.
176. p. 81. 10 the following worda:
For continuing improvement of the
harbor OF Wilmington and Christiana
River. Delaware. two hundred and five
Thousand eight hundred and forty. 81 <
dollars.
"It appears that this work can no,
be completed within the limit of cost
fixed by the act OF June Sd, 1896,
supra. and you desire my opinior
whether you are authorized TO expend
the money already appropriated, not
withstending its insufficiency to com.
piete the work IN accordance with the
modified project
The argument used by the Chisf Of
Engineers. based upon the use of thu
words continuing Improvement founf
IN the act OF July LIST. 1893, supra
making the appropriation Of s2O5, sal
or this work, is entitled to respectful
confederation. In proper case thesl
words might have some weipht II
ascertaining the intention Of Congress-,
hut 10 this case | do not think tbe'
are of sufficient importance to oyerr;d,
the plain letter of the act of lg9I
limiting the total cost of the work
The act of 1896 appropriated 500. 00l
with which to begin thu work. ant
authorized the making Of contracts 70
its com pletion. Congress may well nav
supposed the work to have been com
menced, anil therefore used the wort
continuing in that belief, desiring tn
work continued until completed a
heretofore authorized.
In tho very able opinion Of ID
Judge Advocate General OF the Army
given February 4th, 1897, in the cas-
OF the Oakland Harbor, California
where there was a similar Limitation
as To cost. that officer held that tn
Secretary OF War has no authority b
contract at all unless he can contrac
for the completion OF the whole i'm
provemsnt known aH the 'nxietin
project, within the limit Of coet ike
by Congress-. | concur in this opipio
and am compelled to advise you tina
the appropriation for continuing I'm
provement OF the harhor of Whining
ton and Christiana, Delaware is DC
available upless the work can be con-
pleted within the limit fixed by act {
June 3D., 1896. Respectfully yours,
g L. T. Mitchell,
Acting Comptroller. /"
People interested who were see
about the matter are of the opinio
hat trb