Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-05-22

ment of harbor lines in a given local
ity it must be assumed that they art
deemed essential for the protection o
| the harbor.
81 am therefore, of opinion that har
Dor lines should be established unde
the said resolution; and that the es
tablishment of the lines thereundel
would be of the same validity, In re,
spect to the authority of the United
States to establish the same under the
commerce clause of the constitution, as
if they had been established by the Sec
rotary of war under the general statute
on the subject.
IF this view be correct, it follows
that it will not be necessary to require
as a condition of the exercise of the
authority conferred by the resolution
that all owners or claimants of areas
involved shall Quit-claim to the United
States all rights of damages on account
of the establishment of the lines or OF
any subsequent operations for the i'm
provement of navigation by the United
States in the areas reserved for chan
nels and basins.
II concur in the recommendation OF
the chief of engineers that a board OF
engineer officers be convened to estab.
lish the lines in the usual manner anc
according to the usual procedure.
GEORGE b. DAVIS,
Judge Advocate General"
What is termed by Chairman Elem
ing of the harbor commission as 1.-THE
amazing portion of the entire transac-
ton is the third Endorsement of the
Judge advocate generals decision, By
Assistant Secretary of War Oliver
which reads:
'War Department April "a 1908.
Respectfully returned to the chief OF
engineers directing action in accord
ance with paragraph 6. clause A ant
paragraph of the within report.
ROBERT SHAW OLIVER,
Assistant Secretary of War"
In short, he overrules the advocate
generals opinion and directs that &C
ton be taken along the lines of OBJ
tanning from all owners or claimants
of areas involved quit-claims of al
right or damages on account of es
tablishment of harbor lines.
The lack of opposition to the VIII
mington bond election on the part Of
the Southern Pacific, as Chairman
Fleming of the harbor commission
points out, is more evident now than {
short time ago.
Plan Outlined
A letter to Lieutenant Biddle from
the war department shows the plans o.
the department:
war department, Ollice VI IilO Niilc
of Engineers, Washington, April 80
1908.
Lieut.. Col. John Biddle, Corps o
Engineers, San Francisco CAL
Colonel: IAN order, issued under
date of April 2S, named you as senio
member of a harbor line board of Sal
Pedro and Wilmington, California.
"2-As to Wilmington harbor the
action of the baord will be based strict
ly upon the recommendation of tn
chief of engineers, in letter of April 10
1908 (46O54 1877 E. ID, as approved by
the secretary of war In third indorse
ment on the same paper.
GAS to the outer harbor at Sar
Pedro. the board will consider plai
of accommodation proposed by Lieut.
Col. Leach, in January last. and en-
deavor to complete and apply that plan
or some other equally or more salts
factory to all parties concerned.
At is desired that the board ex
pedite it's labors as much as may o.
consistent with the formulation O.
sound and defensible conclusions, ade
ouately protecting the interests of the
United States, and beyond that meet
ing the views of interested parties.
SIT is desired that the proceed
ings of the board be conducted witt
regard to ample publicity. and tina
all important statements be reduced
to writing and Incorporated in the
record.
"6-The papers in the case, being very
bulky, will be transmitted to you II
care of Captain Fries at Los Angeles
"By command of Brig. Gen. Macken-
zie. Very respectfully,
"SMITH s. LEACH,
Lieut.. Col. Corps of Engineers"