Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1916-03-01
dunno IS ASKING
FOR A REHEAR|NC
Governor Declares Washington Engi-
neer Exceeds His Authority
By Passing on Law.
IS CONTRARY TO THE RULING
Executive Expresses Amusement at
Conclusions Arrived at Over
Waterway Case.
IS CONTRARY TO THE RULING

Governor Dunno is to demand a re-
hearing of the Illinois waterway pro-
ject at Washington.
In statement issued yesterday the
governor charges General Kingman,
chief of government engineers, ex-
ceeded his authority in passing upon
questions of law and public policy
the basis of the refusal to issue per-
NIT for the Illinois work.
Not only that, but the governor cites
recent decision of the judge advo-
cate general, the purport of which is
just the opposite of the conclusions
reached by the chief engineer
The governors statement reads:
Il received by mail yesterday a
communication from the secretary OF
war, ad interim, General H. S. Scott,
inclosing memorandum signed by
General Kingman. chief of engineers.
Il am amazed to learn the conclu-
sions arrived at by the chief of engi-
neers.
When \as governor of the state of
Illinois | appeared before Secretary
of War Garrison on Oct. &c, 1915. l
was aware certain legal questions and
questions of public policy had been
raised in the department against the
granting of the permit applied for in
July, 1915, and l was prepared with
counsel and briefs to argue these
questions of law and public policy-to
wit: First, the question of the right
of the state to develop water power
rights incidental to the building OF
the waterway; second, the question OF
the right of the state to impose reas-
enable tolls upon vessels passing
through the waterway.
Cites Judge Advocates Ruling.
Il stated to Secretary of War Gar
rison and Chief of Engineers Kingman
that we were prepared to argue these
questions of law and policy, whereup-
on | was informed by Mr.. Garrison
that these matters had been referred
to the judge advocate general and
had been disposed of by him favorably
to the state of Illinois, and it would
be unnecessary for myself or counsel
of the waterway to enter into a dis
cussion Of these subjects Since that
time l have been favored with a CODY
Of the opinion of the Judge advocate
general, E. H. Crowder, from which ]
quote as follows:
Proceeding now to the legal cues
tons and discussing first the objection
that the granting of this application
would confer upon the state the righr
to construct power dams, appropriate
| public navigable waters of the United
States to its own use, and charge tolls
through the improved portion of thu
river, | cannot see that the depart
mental approval of the plans togeth
er with its permission to the stat,
to affect the navigable capacity o
| the waterway as here requested, is O
the nature Of grant at all, but rather
is only the necessary federal assen
whereby state may exercise a juris
diction which is its own.
The state already has the sover
eien authority to do all that is her,
contemplated, subject to the legisla
ton enacted by congress under it
paramount power. 1t is not a question
OF the department granting to tn,
state something which it could no
otherwise have, but permitting tn
state to use what it already has, sub
ject to any existing federal legisla
ton.
The United States is. not the own
er of the bed or banks of a navigabl
waterway Of the United States. no
OF the water therein (Which, indeed
except In a limited sense, is not III
subject OF ownership at ALL, but sue