Los Angeles herald., 1909-03-31
HARBOR BOARD
HITS CLAIM OF
CORPORATIONS
SECRETARY FLEMING MAKES
VIGOROUS PLEA
RESISTS APPLICATION FOR
WHARFAGE RIGHT
Important Document Sets Forth That
Title to TideIands at Will
mington Is In-
valid

valid
Important history in connection with
the inner harbor is summarized in q
protest filed by the Los Angeles har-
Dor commission with the war depart
ment sin the matter of the application
of Ruth w. Patton and Annie Wilson,
by George s. Patton, their attorney in
fact, and Hancock Banning for leave
to wharf out beyond pierhead line and
to dredge channel in Wilmington or
inner San Pedro harbor."
The harbor commission regards the
request as an indirect attack on the en-
tire plan of harbor improvement, and
the protest is accordingly vigorous
one. The fact that the title to the tide
lands is essentially involved and that
this matter Is now in the courts is set
forth, and the suggestion is made that
this fact and the manner of location of
the harbor lines form sufficient reason
for the denial of the application.
The thorough manner in which the
harbor commissions protest covers har-
Dor history makes it an important adj
tation. 1t is signed by A. P. Fleming
as secretary and attorney for the COM
mission, and was filed with the war
department yesterday through Capt. A.
A. Fries.
Makes Strong Argument
The protest sets forth the following
statements among the arguments pre-
scented:
1.-THE harbor lines in Wilmington or
inner San Pedro harbor recommended
by a harbor lines board of engineers
consisting of Lieut.. Col. John Biddle,
Capt. Amos A. Fries and Lieut.. Chas.
T. Leeds, which lines were duly ap-
proved and made permanent by the
Hon. Luke e. Wright, secretary of
war, were only recommended by said
board after the most careful and thor
ough investigation, aided by a full and
exhaustive report of the survey of said
inner harbor made to the war depart
ment December II, 1907, by Capt. Amos
A. Fries and in submitting said report
to the chief of engineers of the United
States army, Col. Lockwood, the senior
member, says, The within Is an ex-
haustive report on a survey of VIII
mington harbor. The report covers not
only the area defined by the existing
project. with a view to securing in
creased depth, but also the areas to
the north, known as Wilmington Ia
COON, where 1t is desired to establish
harbor facilities looking toward an ex-
pansion of the commerce now centered
about San Pedro
1.-THE harbor lines board gave the
greatest publicity to its actions touch
Ing the location of the present lines.
and for months advertised in various
ways that there would be a public
hearing as to the location Of said lines,
and in accordance with said notice 1t
held public meeting at Wilmington
on April 18, 1908, to which all persons
interested were invited, and there was
a large attendance and great interest
manifested therein, and many sugges-
tons made and plans submitted for
changes in the tentative lines, as sub
mitted to the public, and the harbor
lines board, after a careful investiga-
ton and patient hearing OF all parties
in interest, and being fully advised IN
the premises, in report to your de-
tartment recommended the now per-
manent harbor lines that the petition
ers herein seek to change, for the pur-
pose of furthering private interests at
the expense of the public.
Needs of Commerce
''They assume to know the needs of
commerce in this channel better than
this board of high-class, expert harbor
engineers. 1t seems to this commission
somewhat presumptuous for these pr1-
vate parties, seeking special privileges,
to ask the government to reverse itself
In the face of the very careful investl-
cation made before recording itsl de-
cision and this commission states that,
in its Judgment, to grant said request
would be detrimental to the interests
of navigation, for the reason that the
proposed construction would be an en-,
croachment upon a waterway decided
by competent authority to be only suf-
ficient for the future needs of nayisa-
ton and commerce.
1--WE would respectfully call your
attention to the history of wilmington
lagoon OF inner harbor, in which the
lands claimed by the applicants are
located. Wilmington lagoon was irl=@
cluded in and was part of Rancho
San Pedro and Rancho Palos Verdes,
when the same was granted to the
Dominguez and Sepulvedas by the
Spanish and Mexican government, and
said grant was approved by the land
commissioners, but the government OF
the United States, in approving the
report of the land commissioners as to
said ranches, reserved and excluded
Wilmington lagoon as navigable wa
ters from said grants for the use and
benefit of the public, and the land
claimed by the applicants lies under
the navigable waters of Wilmington
or inner harDOr OF san Heuro anu was
reserved for the public for the use of
commerce and navigation, and there
fore the right of the government for
navigation and commerce is senior and
paramount to any private claim.
Claiming Lands
"The city of Los Angeles, through
its harbor commission, on or about the
first day of October, 1908, did call the
attention of the attorney general of
the state of California to the fact that
numerous persons, including the APP
plicants and their grantees, were
claiming to own and control about all
of the land within the meandered lines
of Wilmington lagoon or inner harbor
Of San Pedro, among which was the
land claimed to be owned by appli-
cants and that they claimed the same
under tideland patents from the state.
"The attorney general, after care
full investigation, became satisfied that
the patents were issued without au-
thority of the law, and were therefore
void. He thereupon ordered that suits
be commenced in the name of the peo-
pie to declare said patents void and to
recover the lands for the use of COM
-..~.o ord nautootion fine 1aa for