The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1907-08-26
SURVEY CANNOT
Be AUTHORIZED
Improvement of River From Wenat-
chez to Kettle Falls Cannot
Be Sanctioned.

WASHINGTON, Aug 23-Ju9
prior to the adjournment of the last
session of congrdss Representative
Wesley l.. Jones passed resolution
through the river and harbor COM
mate of the Improvement of the Co
lumbia river between Wenatchee and
Kettle Falls. The matter in due time
was referred TO the district officer,
who sent back a favorable report to
the board OF engineers for river and
harbors. This board, after consider
ing the report. on July ! recon-
mended favorable action and refer
red the subject to the chief of en-
gineers, where the matter rested, I'M
til recently taken up by Mr.. Jones,
who filed a strong letter. urging
that in view of the favorable condi-
tions for making such a survey,
there being now low state OF water
in the river, prompt action be taken.
In reply to this request, Gen. Mac
Kenzie has just sent Mr. Jones the
following:
War Department, Office of the Chief
of Engineers, Washington, Aug.
10, 1907.
My Dear Sir:
l.. Your letter of recent date, rel
alive to the Improvement of Column
bia river, between Wenatchee and
Kettle Falls, Wash, was duly re-
ceived
2. The question as to whether a
survey can legally be made in this
case without further action by con-
gress involves an Interpretation of
law which is novel, somewhat intri-
cate, and which | have had TN Ter
the most serious consideration for
some time. | now find myself OBJ
liged to take the view that, where
an Improvement has been adversely
reported to congress under the law.
the inhibition of the statute as to
survey and estimate, following such
report, can only be removed by a.
subsequent favorable report to be
submitted TO congress. In case such
as this, where the subsequent favor
able report arises on a review di-
rected by a committee of congress,
the report is made to the committee
would appear that such favorable
report does not place it in the power
of the secretary of war to order a
survey and estimate This appears
to me to be both the letter and the
spirit of the law. There is no ques-
ton but what the favorable report
on review of the preliminary eXami-
nation by the district officer and the
| board of engineers for rivers and
! harbors must exercise pronounced
! favorable effect upon the improve
ment, but such favorable effect must,
| in my opinion, come about by means
other than procedure by the war de-
t partment to a survey and estimate
and presentation of the same to con-
gress.
;. Nothing is possible in the way
of actual work of Improvement at
this point until an appropriation has
been made, and ! see no difficulty in
having survey and estimate order
ed by congress on the initiative of
the rivers and harbors committee,
and the report submitted in time to
have the appropriation, if congress
sees fit to make one, incorporated in
the next river and harbor bill.
4. | should be very glad to see
this made test case. and develop
whether or not my decision has been
correct and in accord with the views
+ of congress. This appears to be the
condition of affairs not contemplated
BY the law and for which il does not
provide. While from legal stand
point | feel perfectly sure that my
conclusions are correct, from the ad-
ministrative standpoint the outcome
seems a little illogical. If congress
would say definitely what shall be
! of reviews which change an unfay-
orable to favorable recommended
ton, | would be relieved of some