Daily capital journal. (Salem, Oregon) 1903-1919, 1910-05-26
ARMY ENGINEERS
URGE OPEN RIVER
h hAVoR PURCHASE OF LOCKS AT
OREGON CITY-SAY PRIVATE
OWNERS OF ADJACENT LANDS
CANNOT DISPUTE FEDERAL
CONTROL OF NAVIGABLE
STREAMS.

Washington, May 25.-At the time
the river and harbor bill was under
consideration in the House of Repre-
sentatives, no report had been re-
ceived from the Army Engineers
recommending the purchase of the
canal and locks at Oregon City, Or
favoring the construction Of a new
canal and locks on the opposite side
Of the Willamette River. But while
the bill was before the Senate com
mittee, Major McIndoe was sum-
moned to Washington by the Chief
of Engineers, reported in person on
this project, and on the basis of his
report, letter was addressed to the
committee on commerce, recommend
ing an appropriation, to be used in
connection with like appropriation
by the State, for opening the William
cite to continuous and free naviga-
tion.
The item carried in the bill, as in
I serted by the Senate committee, was
made possible solely by the report OF
the engineers, the committee having
adopted the policy of inserting such
appropriations as we're recommended
by the engineers.
The printed report of the commerce
committee contains the letter. under
date Of March %, 1910, on which this
ppropriation was based. Their letter
is in part as follows:
"a board of engineers authorized
by the act of June 13, 1902, after ex-
animation of the canal and locks at
Oregon City, submitted a report
recommending an appropriation by
Congress to purchase the existing
canal and locks, provided certain
changes are made in the structures,
or the construction Of a new canal
and lock by the United States, and
further held that their operation for
the exclusive benefit of navigation
would not injure in material man
ner the operations of the manufactur-
ing enterprises now in operation or
contemplated at the falls of the Will
lamette River; and as to the legal
situation, that the United States, if
1t should be deemed necessary, has
the absolute right to the entire flow
of waters of a navigable river, and it
necessarily follows that neither the
Portland General Electric Company
nor any other person, except the
United States, except for commerce,
has any valid and existing right to
the full, free and continued use of
the water of the Willamette River
for use of manufacture g enterprises
now located on their property.
mo action has been taken by Con-
gress in pursuance Of these reports
and recommendations
"a provision for further eXamina-
tion was inserted in the last river
and harbor Gct. In the meantime,
however, the State of Oregon has ap-
proprtated $500, 900 for the purchase
or construction of a canal and locks,
contingent upon like appropriation
by the United States, and in default
Of action by Congress this lapses on
January /, 1912. Under the state act
the first levy of 100000 can not be
made until the LIST of January follow
ing an appropriation by Congress, 80
that the state funds are not immedi-
ately available. Up to the present
time no satisfactory offer for the sale
of the existing canal and locks has
been made by The owners, and it is
not anticipated that In the absence of
action to secure a site for a new lock
and dam the investigation now in
progress will secure any voluntary
offer at price materially less than
that originally quoted, y1,200,0O0,
"The advantages which may be ex-
pected to result from the enactment
of the proposed provision are as fol-
lows;
State Must Help.
"(a) 1t viii secure the state ap-
propriation of 100000, which may
otherwise be repealed at the coming
session OF the State LEGISLATURE. aud