New-York tribune., 1899-07-29
PORTO RICAN FRANCHISES.
RIGHTS AND DUTIES OF THE WAX
DEPARTMENT DEFINED.
,,,rr OPINIONS RENDERED BY ATToR-
Nry GENERAL GRIGGs-CEDED LANDS
PART OF THE PUBLIC DOMAIN.

Nry GENERAL GRIGGS-CEDED LANDS
PART OF THE PUBLIC DOMAIN.
u..b,neton. July Pin response to requests
,o, the Secretary OF War, Attorney Geheiai
r;,tses to-day rendered three opinions as W ,,iD
r,ohts and duties OF the war Department. WIZ
rosoec, 10 certain concessions or iahc"i'e' "
porto Rico The first relates to an alleged conoe'
80 e. ,t construction of a tramway from Ponce
:. port Ponce alleged to have been heretoloio
Granted TO Messrs. Usera. The secretary ".
ostad whether. under the evidence SUNNI
lawful concession to construct such uain,"y ,a
hen granted to them, and. II so' whetnei - T-
| =, troner for him to confirm the concess'o".
oe proP - ., the evidence submitted. the AT
M -, General holds that the concession cld''u
&, M, n complete and vested right or 'Ia'on'o'
,s ,rchoate and incomplete, and that the wa" -
nortuant is without power to exercise '"c pe
ttces of the Government TO grant VI ''p ~
concession - ..o aorI,caton of
- ,,o,5av y Coban for a concession OF the
1t, ,o use the water power OF the River Iii'" !"
porto Rico The question Involved Is whe'her t,ie
war Department has authority TO approve VI u,S
aDnrove tho concession which the hpplioa"' ~
~, dos,res to use BY the papers submitted II ap-
oor. that under Spanish law the Crown OF SPAN
-. ,bo owner for public use. OF the proprietary
lite IN the natural beds or channels Oh rlVers'
hotb navigable and unavailable to the extent COW
ered nv the waters in their ordinary greatest s"ens
The River Plata is not a navisaDe stream ''
opinion says:
Whatever property or property rights & belonged 10
m ee .',bo nuhIic of Porto Rico were by the Treaty
Of Paris transferred to and became the properly VI
nf I Is well settled law that when public property IS
ceded by nation to another lIS oisPosv overned
control are thereafter regulated ana goEvin ,he
NOT by the laws of the cedlng natl0n put uS ouh
laws Of the new owner H. thefeI0re tba' d' grace
sfantai acts remain to be done. resting IN 'lie ] 70
favor or discretion of the Government 10 secuS w
an applicant or alleged concesslohaTy one ~ Nation
or right in public property thus ceded py H o h lined
70 another such additional action must De oD a NOT
in accordance with the laws w b Pd g mp the Treaty Of
paris took effect the applicant had ~ the River
vested right to the use OF rasnected ne by the United
states IT. however his right had not or peen com %
thoriae of Spain then his right is not vested Dut
;nchoate and cannot be made vested py w ish
pIetion Of those requisites presc''oeu "
law
1t appears that the applicant In TINS case nas
| NOT obtained authority for the use OF inc rN'ei
| plata He had only complied with the preliminary
REQUISITES The Attorney General concludes there-
| fore that the Department has no power 70 grant
the application sought The opinion closes as io'-
lows:
What have said is not intended as decision hoa
upon the question as to S qrbs Which viii entite
him hereafter to the favorable action OF congress
In dealing with inchoate and incomplete claims,
cspeciaiiv to land where the rights Of the claim
ants were not fully vested, but were SUCH as are
| usually denominated equitable" 1t has been the
custom of Congress 10 provide special tribunals
of a judicial character to ascertain and determine
both the legal and equitable rights or the claim
| ants So far | know, the exercise OF sucn
powers has never been intrusted to the executive
department.
| In the case OF Frederick W. Weeks. who asks
| permission TO construct and maintain wharf or
| pier upon which warehouses may he erected at the
port of Ponce. IN Porto Rico the Attorney General
decides 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 be-
| yond the power OF the Secretary Of War. and
| ought not to be made The opinion closes as fol-
| lows:
| II constructed. the pier wharf will be upon
| public domain OF the United States. ] understand
that under Spa1ixh law. lands under tidewater 10
high water mark IN parts and harbors In the span
| sh West Indies belonged to the Crown. AS Crown
property they were by the treaty of cesson, trans
ferred by Spain to the, United States of America:
! and are now portion of the public domain OF
! that Nation. 90 not know of any right or power
/ which the SeerptAfyTaof War the President has
to ALLEVIATE in perpetui,y any of the public domain
| Of the United States. except In accordance with
acts of Congress duly passed with reference thereto