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

WAR Department-Office of the Chief
of Engineers. Washington. April Is, 1908.
1.-The Secretary of War-Sir:
81 l have the honor to invite atten-
ton to certain questions connected with
the proposed establishment of harbor
lines in the harbor of Wilmington,
Cal, otherwise known as the inner
harbor of San Pedro.
'2. Demands have been pressed upon
the department for some time past for
the establishment of harbOr lines, and
lines have been established as far as
Smiths island and including the single
entrance channel from the outer har-
Dor to the inner basins. For this por-
ton of the inner harbor appropriations
for improvement have been made by
congress, and the conditions of naviga-
tion and commerce were such as to
make the general harbor lines act OBJ
viously applicable.
80. On the contrary, the condition of
the inner harbor beyond Smiths island
have heretofore been such as, in the
opinion of the chief Of engineers, to
make the establishment of harbor lines
under the general law of doubtful legal
ity, and this view of the case has been
made known at various times to parties
pressing for the establishment of such
lines. Finally interested parties. with
a view to relieving the situation, pro-
approved March rs, 1908, an official
copy of which from the secretary of
state is herewith.
"a. Referring to a memorandum on
the subject of this resolution recently
submitted to the secretary, it is noted
that an effort was made to have the
law embody provision that before the
lines were approved claimants of title
to lands affected should quit-claim all
rights of damages against the United
States on account of the establish
ment of these lines or of any subse-
quent Operations-as of dredging or
other-in the areas reserved for basins
and channels; this in view of the fact,
first, that the situation as to titles is
peculiarly complicated, some very COL
orable claims being asserted to titles
of a character which it would seem
impossible to quiet in favor of the
United States except by litigation or
voluntary agreement. The preference
of the chief of engineers was to secure
a settlement of these claims by the lat
ter method, which could be quickly
consumated, while litigation would
necessarily require a considerable
period of time.
Omitted Quit Claim
"5. Owing to a local misunderstand-
ing of the situation, protests were
made, the effect of which was to cause
the passage of the joint resolution with
the condition as to quit-claim omitted
This omission does not change the stu
alton with regard to the probability of
extensive claims for damages against
the United States if the matter is not
conducted with the utmost prudence
and caution. 1t is the opinion of the
chief of engineers that if lines are
esta blished under the special resolu-
ton they are established under strong
presumption that they are not pri-
marily in the interests of navigation
improvement, and this fact would give
increased weight to claims for dam
ages which may be presented. At the
same time the passage of this joint
resolution by congress may reasona bly,
be construed as a mandate for the
esta blishment of harbor lines, and
since harbor lines are to be established
there would seem to be no conclusive
reason against establishing them UNI
der the general law. The passage of
the Joint resolution removes in the mind
OF the chief of engineers the objections
previously existing to applying the
general harbor line law in this particu-
lar case.
ge6. 1t is therefore recommended to