Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-05-22
the secretary that one of two alterna-

the secretary that one of two alterna-
tives be adopted:
"(a) If lines be established under the
special joint resolution that the condl-
ton be made that before such lines are
approved by the secretary of war all
owners or claimants of areas involved
shall quit claim to the United states
all rights of damages on account or the
esta blishment of the lines, or of any
subsequent operations for the improve
ment of the lines, or of any subse-
uuent operations for the improvement
of navigation, by the United States In
the areas reserved for channels and
basins; or,
"(b) That the joint resolution be ig-
nored. and that harbor lines be estab-
lished under the general law, thus CIV
ing the government the benefit of its
eminent domain over navigable waters
in respect of navigation as a defense
against any claims of damages which
may be set up.
az Whichever of the alternatives may
be adopted, it is recommended that
board of engineer officers be convened
to stablish harbor lines in the usual
manner, and according to the usual
procedure If authorized to do so the
chief of engineers will convene a board
for the purpose, to consist OF Lieut..
Col. John Biddle, Capt. Amos A. Fries
of the corps of engineers. very re-
spectfully, A MACKENZIE,
"Brigadier General, Chief of Engineers,
U. S. Army"
Submits 1t to Davis
The secretary of war upon receipt or
this recommendation from the chief
engineer handed the matter over to the
Judge advocate general for an opinion.
Judge Davis says:
"Office of the Judge Advocate General,
Washington D. c., April %, 1908.
Respectfully returned to the secre-
tary of war, inviting attention to the
report of the chief of engineers, dated
April 10, 1908, within, for a statement
of the facts and questions involved in
this case.
by joint resolution of March 26, 1908
public resolution No. 14, it is pro-
yided
THAT the secretary of war is hereby
authorized to fix and establish pierhead
and bulkhead lines, either or both, in
the inner harbor of San Pedro, other
wise known as Wilmington harbor, CAL
ifornia, beyond which no piers,
Wharves. bullSheads or other works
shall be extended or deposits made ex-
cept under such regulations as shall
be prescribed from time to time by
the secretary of war
TT appears that prior to the passage
of this resolution demand had been
made for the establishment of harbor
lines at the locality in question, but
that, in the opinion of the engineer
department, the conditions of the inner
harbor beyond Smiths island were such
as to make the establishment of harbor
lines under the general law of doubt
f legality
by the joint resolution, however,
congress has authorized the establish
ment of harbor lines in this locality;
and. In the opinion of this office, this
should be taken as determination by
congress that harbor lines in this local
ity are required in the interests of nav
igation. BY the general law on the
subject congress has conferred author
ity on the secretary of war, where it
is made manifest to him that the estab-
lishment of harbor lines is essential to
the preservation of and protection of
harbors,' to cause them to be estab-
lished. so that beyond them no piers,
wharves bulkheads or other works
shall be extended or deposit made, eX
cept under such regulations as may be
prescribed from time to time by him.
(Section H. act of March 3, 1899; 30
Stat. l.. 115D.
Davis Opinion
I'm granting such authority congress
has not. of course, deprived itself Of
jurisdiction to determine in special
cases that the establishment of harbor
lines in any given locality are neces-
sary for the protection of the harbor,
and where congress, in the exercise or
such jurisdiction directs the establish