The evening times., 1899-07-29
The War Department Not Clothed
with the Power to. Grant Com
piete OBSERVATION-DISCLOSURES Rights
That Belonged to the Crown of
Spain Transferred TO This Country.

Attorney General Griggs IN response to
requests from the War Department, has rem
cered three opinions as to the rights and
duties of the War Department with respect
20 certain concessions or franchises in the
Island Of Porto Rico. The first relates to
an alleged concession for the construction
of tramway from Ponce to Port Ponce
claimed to have been heretofore granted to
jose and Vicente Usera..
The Secretary Of War asked whether
under the evidence submitted, a lawful
concession to construct such tramway had
been granted to them, and If so whether
it would be proper for him to confirm that
concession. After an examination of the
evidence submitted the Attorney General
holds that the concession claimed is not
completed and vested right or franchise,
but is inchoate and incomplete. and that the
War Department is without power to ex-
ercise the prerogatives of the Government
to grant or complete such concession.
The second opinion is based upon the ap-
plication of Ramon Valdez Cobian for
a concession of the right TO use the water
power of the River Plata, in Porto Rico.
The question involved is whether the War
Department has the authority to approve
or disapproye the concession which the ap-
plicant seeks and desires to use. Under
Spanish law the crown of Spain was the
| owner, for public use, OF the proprietary
| rights of the natural beds OF channels OF
rivers, both navigable and unnavigable. to
the extent covered by the waters in theiI
| ordinary greatest swelis. The River Plata
! is not navigable stream.
The Attorney General says: Whatever
property or property rights belonged to
! the crown of Spain or to the indefinite
body known as the public of Porto Rico
were, by the Treaty of Paris, transferred
! to and became the property OF the United
States of America. 1t is well settled law
; that when public property is ceded by one
nation TO another its disposition and con-
: troll are thereafter regulated and SOW
! crned. no. by the laws of the ceding nation.
but by the laws of the new owner.
| IF, therefore. any substantial act re-
mains to be done resting in the grace, IA
yor or discretion of the Government to
! secure to an applicant; or alleged conees-
sonary a franchise. or right in public
/ property thus ceded by one nation TO an
other, such additional action must be OBJ
tanned in accordance with the laws OF the
! present anu uOL VI TIE lul LiSl OHlIEi-
IF, al the time the Treaty of Paris took
eject. the applicant had "a completed and
vested right to the use OF the waters of
/ the River Plata. that right will be re-
spected by tie United States. If. however.
| his right had rot been completed by the
action or assent of the crown authorities
| OF Spain, then his right is moi vested, but
inchoate, and cannot be made vested by
! the completion of those requisites pre-
| scribed By Spanish law.
II appears that the applicant in this case
! had not obtained authority for the use of
the River Plata. He had only complied
with the preliminary requisites. The At
| tcrney General concludes, therefore, that
the department has no power to grant the
application sought. The opinion concludes
/ as follows:
What l have said IS rot intended as
decision upon the question as to whether
the applicant has or has not any equitable
! rights which will entitle him hereafter 20
| the favorable action OF Congress ieltheT
by special or general legislative action
/ In dealing with inchoate and incomplete
/ claims, especially to land, where the rights
( OF the claimants were not fully vested, but
were such as are usually denominated
! equitable. it has been the custom of Con-
| gress tc provide special tribunals of ju-
dicial character 10 ascertain and determine
| both the legal and equitable rights of the
| claimants. So far as know the exercise
| of such powers has never been entrusted to
the executive department
In the case OF Frederick W. Weeks, who
asked permission to construct and main
tain a wharf or pier upon which ware
houses may be erected at the port of Ponce,
| in Porto Rico, the Attorney General de-
cides that The grant of right or privilege
OF this character TO exist in perpetuity or
as long as the conditions Of the grant are
fulfilled is beyond the power of the Secreta-
ry of War and ought not to be made. The
| opinion concludes as follows:
If constructed, the pier or wharf will be
| upon public domain OF the United States.
| | understand that under Spanish law lands
under tidewater TO high water mark in
ports and harbors in the Spanish West
| Indies belonged to the crown AS crown
property they were, by the treaty of ces-
sion, transferred by Spain to the United
States of America and are now a portion
| of the public domain of that nation. / do
not know of any right or pwer which the
| Secretary of War CT the President has TO
| ALLEVIATE in perpetuity any of the public
domain of the United States, except in ac
cordance with acts of Congress duly passed
| with reference thereto"