8
CITY ATTORNEY ANSWERS CRITICS
OF HARBOR IMPROVEMENT PLANS
HEWITT PROVES
EEAR BASELESS
FEDERATED IMPROVEMENT
BODY GETS REPLY
In Exhaustive Report City Official
Shows Proposition Is of Great Im.
portance and Is in Best Inter.
ests of Los Angeles
In reply to the criticism of the Fed
erated Improvement association that
the ordinance calling the election to
vote $3,000,000 in bonds for the improve
ment of the harbor. City Attorney
Hewitt yesterday submitted an ex
haustive report to the city council in
■which he showed conclusively why the
ordinance was worded as it is and how
a grave mistake would be made were
the city to adopt any other method.
The report follows:
The harbor committee of the council, by its
chairman, has referred to me the resolutions
adopted by the Federated Improvement asso
ciation of' this city at a meeting held March
8, 1910, with the request that I report to the
council thereon.
The resolutions referred to contained a
protest against the action of the council In
passing the preliminary resolution upon which
the. bond election Is based, the particular
grounds of objection thereto being In substance j
as follows:
First— If the harbor bonds are voted.
and the proceeds thereof expended as con
templated by such resolution and the ordi
nance calling the bond election, a misuse of
public money will ensue that wil Indefinitely
postpone the construction of Jubllc docks.
Second—That the use of the proceeds of har
bor bonds in the harbor north of Headman's
island will result In an enormous Increase in
the value of water front property that Is
owned or controlled by private corporate in
terests, particularly by railroad corporations.
Third— That the resolution as passed by the
council. describing the proposed harbor Im
provements, Is In direct violation of a solemn
agreement between the people of Los Angeles I
and the people of San Pedro and Wilmington, !
and Is a betrayal of the Interests of the people !
of San Pedro, as well as those of Los Angeles.
The Federated Improvement association
therefore requests Hint the resolution and
ordinance of the council be amended so as to
specify in fact what part of the bond moneys".
If any, If to be devoted to the Improvement of
the city frontage, upon the outer harbor. And
It Is declared that the resolution of the coun
cil authorizes the expenditure of the entire
three million dollars of the proposed harbor
bond issue for the Improvement of private j
property, and not of the public property of \
the city of Los Angeles.
A broad nnd sweeping charge that a direct :
violation of a solemn public pledge is about
to be committed, and that the city authori
ties of Los Angeles propose to misuse public
moneys and to betray the interests of the
people of Lou Angeles and Ran Pedro, shouM j
not be passed over lightly. The people of this
pity, and they Include, of course, those resid
ing In til** former cities of Pan Pedro and
Wilmington, are entitled to know the facts, |
for It Is upon their consent that the Issuance
of bonds must defend. And If there Is any
Just or substantial ground for objection to J
the harbor bond Issue on the part of those i
who are In favor of the bonds, owing to th*»
form In which the question will be submitted
to the voters, the cause of such opposition
should be remedied.
The resolutions of the Federated Improve- I
ment association refer to the "agreement be
tween Los Angeles and Ban Pedro." and
by this Is undoubtedly meant the report and
recommendations of the consolidation commit
tee which were made public before the con
solidation elections. And as I understand the
Import of these resolutions, the basis for the
statements and protests made In them Is thnt
the resolution of the council under which the
bond election has been en]led authorizes the
expenditure of harbor bond money In the im
provement of that portion of the harbor form-
Ing the channel section between Deadman'i
Island and the turning basin out of the two
million dollars to be devoted to the develop
ment of the "outer harbor."
Public Declaration
The report of the consolidation committee
was a public declaration of the policy to b»
pursued by the city of Los Angeles regarding
the Improvement of the harbor, and the his
tory of the appointment and work of that
committee Is so well known and bo recent that
It? recital Is unnecessary. The portion of
that report with which we are here concerned
Is that relating to the special elect] for
the harbor' bondti which election the com
mittee recommended should be called "for the
purpose of submitting to the electors of the
consolidated city the proposition of authoriz
ing $3,000,000 harbor Improvement bonds for
mßklng harbor Improvements In accordance
with the recommendation! herein made, nnd
J2.0f1n.000 within two years thereafter, and to
further particularize the judgment of this com
mittee, that of the 53.000,000 thus provided for
Immediate Improvement, we recommend that
$2,000,000 be devoted to the Improvement of
the outer harbor nnd approaches thereto, as
*non as the consolidation with Ban Pedro la
effected, and that 11,000,000 be devoted to the
Improvement of the Inner harbor, above the
turning basin, and approaches thereto, as
soon as consolidation with Wilmington Is
effected."
The first legal step In proceedings for the
Issuance of municipal bonds is the pas.-mcc
by the city council of a resolution declarli
the public necessity of and estimated cost of
the improvements proposed to be acquired or
constructed out of the proceeds of such bonds.
'Accordingly, the council on November 2 last
passed the necessary resolution f"r the harbor
improvements, as required by law,
This resolution Is in the 'usual form, «nd
provides in substance thai the puMlc Interest
end necessity require:
First. as to Ran Prdro Improvem^nts-Tlir
construction of dnekf, wharves and warehouse*
upon that portion of th» harbor southerly of
the east and we«< center line of the turning
tiasln, comprising "what Is known as the
fltitor harbor of Sim Pedro." nnrl also tlmt
part of what is known ai "t] ■ Inner hnrhor
of .San Pedro." lying- southerly of ew.h contcr
Una in the turning basin; aim the op«nlnir
• nil maintaining of itreeta end highways to
■aid portions ■' the hnrhor of T-*os AnßOlea
and the construriton of canals and waterways
between BUI '' portions of the harhor and bu< h
streets and highways; oil r,f said Improvements
to be made at a cost of J2.rpn ivio
Second, as to Wilmington harl.or-The con-
Btructlon of docks, wharves and warehouses
upon that portion of the harbor northerly) of
the east and west comer line of the turning
ta.-tn. comprising that perl of what is known
np the Inner harbor of San P. .lrr>. or Wllmtng
ton bay, Including: the east and west baslni
thereof lying north. of Mich renter lines
In the turn basin; also the opening and
maintaining of Ftreets oni highways to Bald
portions of the harbor (if Los Angelea, nn.l
the construction of canals i.nd waterway! i
between such portions r,f the harbor and such
streets and highways, all at a cost of $1 000 000
Improvement Bonds
It will be observed that the rt>\ irt of the
consolidation committee recommends] that
bonds be lulled In the sum of 13,(XX),000 for the
Improvement of the "outer harbor in Kan I
Pedro" and $1,000,000 for the Improvement of I
the "Inner harbor at Wilmingtonl,!! the reso
lution of the council authorises the expenditure
of 12,000,000 southerly of the turning basin an I
t1,000,000 northerly of the turning banln. And
upon this fact that the council resolution dec.
Ifrnates the turning basin as the point of di
rislon the Federated Improvement elation
requests that the latter be amended, which,
If done, will of course require entirely new
proceedings for the bond election. The reso
lution of the council to which objection is tnm
made was drawn by me, and it was upon my
• dvlce that the council acted In Its adoption
The ground stated In the objection is that
Ihe selection in the council resolution of
the turning" basin as the point of division be
[ween the San Pedro and Wilmington improve
ments authorizes the expenditure of the entire
12.000, for San Pedro lmprovem«nts In the
channel between Deadman's Island nml the
turning basin, and thnt such expenditure will
be a batrayul of the Interest! of the people
:<f San Pedro and Loh Anrele». And the cmi
plusjon is drawn. Inadvisedly I think, that
tiMttuse bond mpney for Ban Pedro Improve
ments can be expanded under the council reso-
i lutlon for developments along the channel.
I the result will be to divert all bond money
from the outer harbor.
The council resolution was submitted Rfter
careful consideration of the different elements,
legal as well as practical, that entered into
the problem of harbor Improvement, consist
ent with a fair construction of the recom
mendation! of the consolidation committee. In
view of the general policy of the city relative
to the development of the waterfront. In bond
proceedings It has uniformly been deemed
prudent to so conduct them as not to place
any more restrictions upon the acquisition or
construction of proposed public Improvement!
than is reasonably necessary to accomplish
the results desired This rale lias been de
parted from Occasionally, It Is true, but when
this hns been done dlffloultlei have ensued
of a character which the city should not be
forced to contend with In Its harbor work.
The reason of the designation of the turning
basin as the point of division between the Ban
Pedro and Wilmington Improvement! is that
unless It had been BO designated the channel
portion of the harbor would have been en
tirely disregarded and would have been placed
beyond the power of thl City to improve. The
precise location of the harbor improvements
was not stated In the council resolution, be
cause it was practically Impossible to do so
ami avoid dangers that might, and In all
probability would, arise hereafter.
Ami. furthermore, h seemed reasonable to
n.i, ii the view th.it if any improvement
to be made along the channel frontage, of Ban
they should be paid for out of the
00 as being development in which Ban
Pedro's Inti directly concerned. I
Will explain. The turning basin Is a large
circular nrea in which ships entorng the har
bor can turn around upon leaving 1:. Which has
been dredged by the government, and Is lo
cated just easterly of Smith's island and be
low the southerly end of Moini in Island.
It should be said here that the waters of
San Pedro and Wilmington bays are natu
rally divisible Into ti ree more or less dis
tlnet portions. Proceedng Inward from the
open sea, there Is first the large body of wa
ter between T)cad Man's island and the
breakws n northward from this there
Is a channel about two miles long and
In width, between the mainland and Termi
nal Island, directly in front of Han Pedro,
and extending from Dead Mans island to the
turning basin just referred to. Above the
turning basin is another large body of water,
known as Wilmington bay, consisting of an
east and a west basin, and extending to the
waterfront at Wilmington. In order to under
stand the technical distinction between the
Innrr and outer harbors as officially made it
should be here noted that the United Btates
government, which has Jurisdiction 01
navigable waters, recognises Dead Man's
Island as forming the point of demarcation
between the inner and outer harbors; all wa
ters north of Dead Mans Island up to the
Wilmington waterfront, Including the lons
channel In front of San I'edro and Wilmington
bay, are recognized by the federal govern
ment as constituting the inner harbor; and
the waters southerly of Dead Han's Island
are considered as oomplisini the outer harbor.
This method of definition has been adopted,
■ :■ Bumably for the purposes of convenience In
laying out and making appropriation! for
nment Improvements. Under it the jet
ties leading from Terminal Island to Dead
Man's island and Timm's point into the outer
harbor waters, at the southerly end of the
channel are classified as "Inner habor" im
provements, and the only outer harbor 1 im
provements of any note has been the break
water.
Definition of Terms
In the preparation of the draft of the reso
lution declaring the, necessity of the harbor
Improvements, preliminary to the harbor bond
election, It was apparent that if the report of
the consolidation committee, In Its use of the
terms "Inner harbor" an'] "outer harbor,"
was to be rigidly construed. in the light of the
definitions of the Inner and outer harbors, a*
recognized by the federal government, the en
tire portion of the harbor of Los Angeles be
! v.xi ■ Deadman's Island and the turning
basin, or in other words, the four miles of
■ water frontage along the two-mile channel
j between the San Pedro water front and Ter
, minal Island, would be entirely omitted from
public Improvement for any purpose, so far as
the city of Los Angeles was concerned. It
was not reasonable to assume that tills result
had been deliberately Intended. On the con
trary, as a member of that committee, l knew
that Its purpose from the beginning had been
to consider the needs and development Of the
whole harbor, with due regard to the more or
i less local Interests of San Pedro and Wilming
ton, and to look upon the entire water front
as a subject of proper public Improvement
wherever possible or practicable, as municipal
and commercial necessities might require. And
I furthermore, as one member uf that commit
■■■ 1 knew that it waa never Intel to
recommend thai a large portion of the harbor,
I or any available portion of the water front
j that should fall into the city's hands, should
not be Improved If the opportunity to develop
the same should arise.
The only specific recommendations that the
consolidation committee made for municipal
harbor Improvements at Ban Pedro were the
Improvement of the 116 acres of submerged
lani "In the westerly side of the outer har
bor, immediately pouth of the government re
serve nnd extending to the breakwater;" the
establishment of a municipal ferry between
ivenunent re
* and extending to '•■ breakwater;" the
at of a municipal fei ri i
San pi Iro and Terminal Island, and the es
tablishment of a public ash market and wharl
"on the water front." The report declared
I that the improvement of the 144 ucres was "a
most essential feature of the development of
the outer harbor," affording as it dues "a
most advantageous place far the construction
of docks, slips, wharves, piers and warehouses,
particularly because It Is large enough to ad
j mit of progressive Improvement as the neces
] sities of commerce require/ Now, the re
port of the consolidation committee expressly
names all these Improvements as "outer har
bor" improvements, when, as a matter ol
fact, only the 146-acre tract Is in the outer
harbor. The ferry must be in the channel,
and the fishermen's wharf is not located by
the report at all. but the most available
places for it, and the only ones that were
ever mentioned, so far as 1 know, were both
north of Deadman's Island, one of them being
In the channel. Thus, on the very face of the
I report of the consolidation committee It is ap-
I par nt that Improvements In and along the
chunnel were contemplated, and described
Under the heading of outer harbor improve
ments. The consolidation committee could not
! the heading of outer harbor U
s. The consolidation committee could not
formulate, a complete scheme for harbor de
velopment, because of circumstances that I
j will refer to presently, but it singled out the
improvements upon which the public Inter
ests in Sun Pedro was particularly centered,
nnd recommended their construction. But, as
would be gathered from any lair view, the
spirit end pur] of the entire report is that
the entire harbor should be developed for the
purpose of making the whole a port fur free
commerce. And to that end, that Improve
ments Fhould be maie wherever the city could
I pet a I bold, as well as ut the points and
for the purposes peclflcally pointed out In the
report. There is nothing In the report of the
consolidation committee to lend color to the
claita that the city of I.up Angeles, by rati
fying that report, had thereby put a veto
upon any possible improvement of that part
of the harbor and water front between DeaJ
nsp.n's Island .i the turning basin, and de
clare that It did not Intend to anil would not
Improve any portion thereof that might fall
Into lta hands.
From the fact that the turning basin wa»
designated by the committee as the southi ly
terminus of the Wilmington bay Improve
ments recommended by it, if any hard and
fast conclusion Is to be drawn, it could fair
ly be that the turning basin had been select
ed by the committee li the dividing point be
tween the Kan Pedro and Wilmington Im
provements. At the time the committee was
engaged upon its report one portion of the
harbor was in the city limits of Wilmington
and another portion of the harbor was within
the city limits of San Pedro. The members
of the commttea representing Loa Angeli a re
garded tho portions of the harbor and water
from situated within the boundaries of these
cities as • Ing the portions thereof in the de
velopment of which they were separately in
terested. As a matter of fact the entire har
bor to a point considerably north of the turn
ing batin was within the limits of Han Pe
dro, but Inasmuch .is deep water extended to
that point and the- Interests of Wilmington
lay entirely northward thereof, In which San
Pedro could have no interest, the committee
selected the turning basin as the somberly
limit of the "Improvements of the Inner har
- '"" at Wilmington, 1; even though the turning
basin was really in the Pan Pedro city lim
its. Likewise the committee regarded the
harbor frontage in Kan Pedro, including tho
channel which extended along the waterfront
of that city for two miles, as properly per
taining to Son Pedro Interests, and therefore
t.i be regarded under the general title of
San Pedro Improvement!. Ami as evidence of
this I have cited the fact that the committee
dl ' make reeommandtaloni tor improvements
In that channel, and therein referred to as
"outer harbor" Improvements. That the com
mittee did not have In mind an} technical
LOS ANGELES HERALD: WEDNESDAY MORNING, MARCH 30, 1910.
definitions of the inner and outer harbor*, as j
made by the federal government. All Its
recommendations were made under two gen
eral titles, one for "the Inner harbor at Wil
mington" and the other for "the outer har
bor at San Pedro," together constituting, for
the purpose of the report, the entire waters
of the harbor. In view of these circumstances
to which I have referred, and of the obvious
fact that it should not be presumed against
the city of Los Angeles that it had debarred
Itself from making any Improvements along
the San Pedro and Terminal island water
fronts, the resolution was framed and pre
sented to the city council, so drawn as to
pemit of the expenditure of money for the
improvement of that portion of the harbor If
the opportunity presented Itself of so doing,
■ml this Is the explanation of the whole mat
ter. I do not think that there is reasonably
discoverable In this the violation of any com
pact between the cities of Los Angeles ami
San Pedro. I have stated the reasons why .
the turning basin was selected as the point
of division, and I submit their sufficiency to
your judgment. I
Another Objection Answered
Another objection urged by the Federated
Improvement association is that the use of
bond moneys for harbor improvements north -
of Dead Man's island in the Inner harbor, |
! "where the city owns no frontage ami no
tidrlunda. and where there is no public prop
erty to be improved except a tract of thirty
! seven acres in th« neighborhood of Wilming- !
ton," as its resolution recites, will "enor
mously Increase the value of the waterfront"
' in the channel which Is now owned by pri
vate corporate interests, and make It Im
possible for the city "to ever acquire these
properties after they have been so Improved
by public expenditure."
It Is not apparent what Improvements upon
or for the benefit of private property are
meant by this statement. If the objection Is
that the resolution of the council supposedly
authorises the expenditure of bond money for
the construction of wharves, docks and any
other harbor improvements upon private prop
erty, the criticism is wholly groundless, be
cause not a dollar of public money can, un
der any circumstances, be spent for the Im
! provement of private property, and this fact i
is, of 'course, tqo well established to need
further discussion. The only alternative Is
that the statement just granted Is Intended to
convey the Implication that the city authori
ties might, under the council resolution, enter
upon a plan requiring Immense expense to
widen, straighten and dredge out the Inner
harbor for the benefit of private and cor
porate holders of frontage and other rights
along the harbor front, particularly along the
channel and Wilmington bay. Now, It Is a
fact that t*e channel is SOU feet wide, and for
a part of the way Is on a long curve to the
west. The widening of this channel would
require that the harbor lines on the Terminal
Island side of the channel should bo re-estab
lished and moved eastward by the govern
ment, and that the city would then proceed
to dredge the channel. The expense of such
an enterprise would be simply prohibitory so
far as tho present bond Issue goes, and It
hardly seems possible that it could be seri
ously thought by any one that such a project
Is entertained under present conditions. A
moment's reflection would show that the en
tire $2,000,0)0 proposed for San Pedro Im
provements would not go very far toward car
rying such a scheme Into effect, and the
scheme on practical grounds above would be
wholly out of the question In view of any
bond issue that the city now or In the imme
diate future could or would Issue.
But there Is another and perhaps more con
clusive reason why the objection to the coun
cil resolution here referred to Is not well
taken. The dredging work the city con do
under Its charter, out of the proceeds of
harbor improvement bonds. Is the construe- ,
tion of canals and waterway! that are located |
"between navigable waters and public streets
anu highways;" or. In other words, the con- ,
struction of canals and waterways that lead
or extend to places where the city and the
public have access thereto by means of
street?, highways and other means of trans
portation, publicly owned or controlled. And
If, as the resolution states, there Is, as
a matter of fact, no public property along the i
channel, and If, as a matter of law, no bond I
money can be spent there for canals and
waterways except to construct them where
the city has opened or acquired streets or
highways to navigable waters, there can be no
reasonable ground for objecting to the bond
Issue as proposed, at least so far as any ex
pensive and protected project to be undertaken
by the city, of straightening or dredging the
channel between Deadman's Island and the
turning basin, is concerned. ,
Under Corporate Control
It Is unfortunately only too true that by
far the greater portion of the harbor frontage
between Deadman's Island and the turning
basin Is under private ond corporate control
at the present time, so that it will be impos
sible to devote such bond money to the con
struction of public docks, wharves and ware
houses at that point: but there are portions
of this frontage that are free from private
claims and that are capable of public Improve
ment. While at the present time the greater
portion of this channel front la In private
hands. It may not always remain so; and If
th* city can. by condemnation, forfeitures,
suits to recover possession, by judgments In
the Islands suits, or otherwise, acquire ad
ditional frontage along this portion of the
harbor, my view Is that It should not. by any
hard and fast line of technical construction,
put Itself In a position where it could not
do so, and I do not believe the people of Los
Angeles will sanction such a course. The
consolidation plan contemplates the operation
of a public ferry between Terminal Island
nnd San Pedro; this will require some expen
diture out of the bond money for the con
struction of proper landings, and this Improve
ment cannot be put into effect except by
such expenditure. There are at the present
time only two streets of Ran Pedro through
out the entire two miles of Its frontage along
th channel that extend to Its water front,
and the public actually controls not to exceed
one hundred feet out of nearly ten thou«iond
feet of the San Pedro front. It certainly scmj
advisable to me that th* way should be left
open whereby more streets can be extended
to the water front out of bond money when
ever required, because the time will come
when they will be much needed
Although the 146 acres of submerged land
between the government reserve and the
breakwater offers the most available site for
extensive harbor development, and although
this city will undoubtedly begin the work of
Improvement nt that point and with that point
as its objective, yet owing to the si
of the 140 acres, which Involves « question of
pr<i\ Idlng approaches, it is probable that,
evn with the most active development work
in that vicinity, more t!rn*» will elapse before
public docks with convenient access thereto
i an be' provided there than win be the case
with other points in the outer harbor, and
postilbly places along the channel front. There
is one. and possibly oth^r places In the outer
harbor, and. as has been pointed out by the
City engineer, parcels of land of connidcrable
blss In the channel fronting Ban Pedi ■. which
the city controls, and upon which docks may
■ tructed within a relatively short time
and at a comparatively small expense, thus
providing without any very serious delay, pub*
lie competition with the privately owned docks
that an- in course of construction in the outer
r, and that already exist in the channel,
The resolution of the Federated Improve
ment association recites that the bond reso
lutions »>f the council "authorises the ex
penditure of the entire sum of $3,000.0110 worth
id man's island," and it is declared that
men an expenditure will be a misuse of pub
lit- money. The fact Is, however, that the
council bond resolution authorizes the ex
penditure of 91,000,000 in Wilmington bay,
north of the turning basin, and 12,000,000 south
of the turning basin, !n the channel and in
the outer harbor; not in the channel to the ex
r lusion of the outer harbor. Docks, wharves,
luaes, slips and also highways to the
water front must, under any fair interpra
tatioa of tho resolution "i' the council, be
constructed In and for the benefit of the outer
, harbor, v may be admitted at once and
without argument, that if the 13,000,000 should
be expended between Dead man'■ island and
the turning basin, that a gross breach uf pub
lic faith would be committed, ami that the
off! -is reiponsible therefor would be guilty
Of such misconduct as would amount to
moral, if not 1< gal, malfeasance. Even if tho
language of the bond resolution did not render
Buch a result Impossible, the people of thh;
city would not be thui tdtted with. If con
jecture la to he seriously Indulged here, afl the
basis of proper criticism of the council bond
resolution, it can be imagined that the en
tire $2,000,000 could be expended for a highway,
and not a dollar for docks, or thf |2.<
for docks and not a dollar for providing ao I
oess thereto, and so on. Purely objection.*) ;
ba •'! upon such an- unwarranted assumption i
are not sufficient. 1
Again is objected that the council resolution i
dors not Itself specify Is detail just what
part itu tar Improvements are contemplated, i
and the location thereof. The council i re
quested "ta specify In fact what part of the
bond moneys, If any, is to be devoted to tho «
improvement of the city frontage upon the
outer harbor." There are cogent reasons why
the city should not, at this time, disclose the
details of Its plans, for that Is what this re- j
quest Inevitably loads to.
Explains Situation
Here Is the situation. The city of Los An
gelea proposes to pledge Its credit for $3,000,000
to Improve a harbor In such manner as will
break the private and corporate grip now
fastened upon It and open the harbor to free
commerce. This money must be made to go
as far as possible, so that the best results
may be gained by the least expenditure and
In the shortest possible time. The harbor
has for years been the favorite field for ex
ploiting the grabbing and monopolizing
schemes of the transportation companies, and
the city must plan and maneuver (0 force Its
way to the available waterfront as best It
j may. The city Is determined, unless' I am
greatly mistaken, to accomplish Its purpose.
) While the public improvement of the .harbor j
Is hedged about with difficulties at nearly !
J every point, some legal, other* of a practical
port, they are not insuperable; yet they are\
sufficiently serious to make It prudent, if not
Imperative, that the city should hold as free a
hand as possible In dealing with them.
The city, If the bonds are voted, will have
j a limited amount of money which it must ex
pend In the construction of docks, wharves
find warehouses, tha opening and Improving
I of streets and highways to provide access to
cf streets and highways to provide access to
• the waterfront, and In the constructing of
waterways; not being at liberty to lay out
i a comprehensive plan of harbor development
[ along a publicly owned waterfront which it
may Improve at its discretion, the city must
place Its improvements as best it may and
where they will do the most good, and as
loon as possible. The great problem is to
provide publicly owned and controlled ter
minal facilities for commerce, and the most
essential factor in the problem Is the open
\ Ing up of public streets and highways to and
j along the waterfront, particularly to the outer
harbor. No one can tell how much it will
cost to provide these all-Important means of
public access, without which docks and
wharves are cither useless toys or mere ad
juncts and feeders to the corporations that
1 already control more of the waterfront, even
In the outer harbor itself, than they are now
or ever were Justly entitled to. In my judg
ment, it would be an act of the greatest im
prudence for the city td say now that it will
expend a flxed amount in constructing these
■ highways, knowing that such work will re
quire condemnation proceedings and probably
the payment of undetermined amounts for
damages to private property.
A separate description of and a specification
of the exact location of particular improve
ments requires under the law a statement of
the amount of money that is to be expended In
their construction—that is, of their estimated
cost. Since it is not and cannot be known
how much money will be required for these
highways, so also It Is not and cannot be
known what the docks, wharves and ware
houses as separate items will cost. To my
mind .there is no question but that tho only
safe course to pursue Is for the city to state
the gross amount it proposes to expend for
all the contemplated improvements, and then
the city can expend its funds and work out
Its complex harbor problem without the dif
ficulties that arc well-nigh certain to arise
if the details of its harbor plans are em
bodied in and made a part of its bond pro
ceedings. When particulars, such as those
Just alluded to, are set out in bond resolu
tions they cannot, thereafter be departed from
very easily, no matter how difficult or Im
practicable it may be to observe them. The
situation In the harbor may change at any
time, and until more of the underbrush i.i
cleared away, some of it, possibly, by legal
process, and it will require some of the bond
money to do this, the city might find its
hands tied at a most Inopportune time or in
a most Inconvenient place if it exhibits a
bill of particulars of Its proposed improve
ments and expenses at this time.
Private Interests
And It may be said with some degree of
certainty that there arc private interests
which would be pleased to be assured that
the city did not Intend to Interfere with their
monopoly of the channel frontage. Tin re are
other Interests which would be equally well
pleased if the city would be agreeable enough
to Bay Just where and how much money It
proposed to expend betweenu Tlmm's point
and the breakwater, for that would afford a
fine opportunity to throw a few more ob
structions, legal or otherwise. In front of
the city. The fight being waged by this city
for a free harbor has only begun. The real
struggle is yet to come, and It is not to be ]
supposed for a moment by any sane person
that adverse interests are going to strew
roses in the city's pathway. And there are
other Interests that would be delighted to
■M unnecessary Issues injected Into the har
bor bond discussion, thereby hoping to profit
by the possible defeat of the. bonds. And In
saying this I do not in the least degree cast
reflection! upon the good faith or intentions
of the proponents of the Federated Improve
ment association resolution, or question their
sincerity as friends of the harbor. Their high
and well known standing as citizens, and
their loyalty to the harbor are established. But
I do most strongly dissent from their posi
tion, as expressed in these resolutions, be
cause I am convinced that if their request
be complied with it will only he to invite
trouble unnecessarily, and really to play Into
the hands of those who are interested in ob
structing the city's plans and In postponing
as long as possible the day of the city's suc
cess in the harbor.
The fact remains that the city of .Los An
geles will see to it that the obligations which
this city assumed when It pledged Itself to
the consolidation plan will be observed. Tho
Improvements designated in the report of the
consolidation committee are an integral part
of the declared policy of the city relative to
the harbor, and will be made, for the self
interest as well as the honor of the munici
pality is Involved In the outcome. But, as
the legal adviser of the council, I cannot rec
ommend compliance with the request of the
Federated Imjirovement association for the
reason that the bond resolution wag drawn
after a careful consideration of the problems
to be dealt with and of the harbor situation
a.s I believed it to exist. I think that reso
lution should be adhered to as marking out
the safe line of action to be followed In the
proceedings for the Issue of the harbor bonds.
Answers improvement Club
I I think that when all Is said and done, the
whole question raised by the resolutions of
the (^derated Improvement association li one
of expediency only. Those who are objecting
to the bond proceedings as at present con
templated, would have the city exhibit to the
enemies of the harbor project, some of whom
are avowed, and others of whom arc secret,
as well as to its friends, an explicit bill of par
ticulars of what it proposes to do. where it*
harbor Improvements are to ho located, and
how much It Intends to spend for each sep
arate improvement. That may not be their
express intention, but there Is no way under
the law of avoiding such a disclosure If the
city begins to enter into specifications. The
city has already declared Its general policy
retarding the harbor Improvements, and by
every proper means has committed Itself and
its officers to certain specified Improvements,
Including the development of the 116 acres
which were designated In the report of the
consolidation committee. Further th.in this It
should not go at this time, In my judgment.
Hut in the outer harbor Itself, access to the
146 acres Is yet to be obtained, and there are
other factors of a local character to be con
sidered In the improvement of this splendid
body of submerged lands. 'As the officer of the
city who Is held responsible for the advice
given In conducting these bond proceedings
from a legal standpoint, I counsel against th
mistakes, for I should consider it such, of
designating what improvements', and what
amount of money the city proposes to spend
for any particular improvement, except in the
general manner adopted In the council reso
lution. There are other points in the outer
harbor, aside from the 146 acres, where Im
provements should be made, If the way can
be found to do so, but there are abundant
reascjns why they should not be specified In
the resolution upon which the bond Issue Is
bused.
I bespeak for the officers of the city that
they be trusted to carry out the intentions
of the city as already declared, for it is not
to be presumed that they could or would bo
permitted to be so forgetful of a public duty
as to disregard or seek to defeat them. And
In conclusion I would Bay that I am of the
thorough conviction that the only safe policy
for the city to follow in the bond proceed
ings Is to adhere to the resolution as already
passed. So far from being contrary to the
public pledge of the city of Los Angeles, I
hope I have made it clear that, under the
present resolution, it will be easier to do the
very things which the report of the consol
dation committee recommended, and which the
li!-i, Improvement association desires,
I return Herewith the resolution of the Fed
erated Improvement association.
HOH£IOS7/. BDWY.4944r^* BROADWAY COR. 4 TH. LOS ANGELES.
. . I,
Two Hundred Women's
jgSjt^k &MIIS /Of* %STT(X More of Those i
jdfc': kJUJL& JUT OTU More of Those
imiw&W T\ C Cy 1 Automatic Cigar
lip? Day of Dale Lighters
iliMM^kti d^ m EL MM Another ship- -J%
I rllfflk m7S I ft O*Jr 11 rived fromLJ^MtN'
E^\\vAa^ *4J Jmm • % L J' \J rived from L^_*<C).7Wft7>.
11 K^l||)]f T Vienna. Cer- V V^\
\vNl^^llll^ In announcing these 200 suits Wednesday at tainly this au- L V-•
Mg^Jjft^V this ridiculous price we feel at a loss to de- tomatic lisiitor f\
i^^»^ scribe the full importance of this event. All ihlng a^ym^n *1 J
/ahwus^Svs?^ of the 200 suits are notable bargains at can have in his ~_
/y/ilirwilji^ahss^ $12.50. There is an assortment of col- pocket . The
U/ln\\\\\ P^^ a mere iL.i an assortment oi coi Inst shipment-went soon as
w/)llll\\\\l ors and styles that will appeal to women men fo ,,nd how handy they were.
////IUuUII I planning their new spring suits. All arc Press the button, like on a
11 Ib Xl the Pr °Per ShOft at m°ddS- When Ce hra T^Z\
II I IUIWIjJI I 1 yOu comCjto the Broadway today the first ready to light your cigar, one
it 1 WXi] ihitlg ,y°^ Sh°Uld d° tO g,P ,UP, t0 thC ™ narhad^h^s
Mr \n\X\ \\ * second floor suit room and look over R constant companion, and it is
m\\ lllrW \\ this collection, *fh -*g /^ gat still In perfect condition. Broad
liillll || planning their new spring suits. All are Press the button, like on »
m\\ll, j" the Pro' )er Bhort coat models. When g^lT. iE* «d TtiJ™*
ll'lulii you come to the Broadway today the first rrndy to light your rißiir. One
mm thing you should do is to gp up to the g"^}^^ gSrkSVTE
R AVA second floor suit room and look over B con «tanl companion, and it Is
'I li 11 this collection, gth ~4 t** 4~\ Btllt to perfect condition. Broad
ill 25.,£22.50 X"--"
11l Odd Cloth &1 95 650 Skirts
111 Coats- each V*J-'= Priced, each . V>»?
I IlllllviW These are only the odds and ends of a These 650 skirts form our famous
(| ll'. ll\iv|\i^» stock of cloth coats, but they are made line at $5. The assortment includes
■tjlljjHP"^ of such -<>od coverts, broadcloths and cream serges, tan and gray Sicilians,
***38S§r?^ mixtures as to make them exceptional black and blue serges, diagonals and
at $1.95. Panamas. .:/ ".
, - —^—^— 1
ff\ 11111 Hi $25.50 Bed, Spring &Mat- ttfJlTk Granulated tL(\ r
I || I! <™*Co2,binations2O ■:*££«£
. . I_IJJ_LIJ—. (f II Here's such a startling bed combination .. .».. „» thii «Ttmm«
Mft/ (£&i) that housewives, proprietors of hotels and When an offer of this extreme
WXXUrr•s£iS^=- 4 —J J.J.L |J k rooming houses will be greatly Interested. nature is nude every house
fjTli C —^^S^ss^aj -""l * ' T I The bed we llluatrate ls one of the neat- w if o should take advantage
r IVfIK Jts A "'i) • I 'I est stylos we carry, with 15-16-lnch posts. f,t Thig ls the very bes t
(Si I '""Til- ---"Tl^ • "1 !" and comes In white, blue or cream. You OI'U x" " „« mi In ted
Mill |, iT/M" 1 JJ^i alio have choice of beds with bra»» flnish- •««• «'t 111" 1 granulated
VJ'Udt(yl /I|| /\. 11l JJ ifil«* These are regularly sold at $10.75. Broadway standard, 9
"^'J-y/^l [J 'uffTu 11 J- ""^ The 'springs are made of steel. in din- pounds 50c.
££ n ** o^r'inX,:, syssLSf"*!? HO' --»■ —-•■ <+••£>
100 Carpet Sam- ■* C%S% 4°-lb- weight, roll edge and covered With Armour's Sausage, Vienna style,
pies. Each .... -i a^C c^SwnVuon^OdaVw 78" : 1.,-M1,,1 ; I.a.n. Armour.. t1n...1(»0
These samples of ingrain and pro- , 'i Mm.'i Tongue, Armour's, tin .l«c
Brussels carpets are 27x36 inches, _, - Demonstration fourth floor.
and can be used excellently for lOC feather t^f\f Dried Apricot., 3 pound 400
rugs. Today, while 100 last, 19c ea. PJU O WS, Each . .". +? 1/C Ri. oiivm, California, can...100
-_ — , Ttemcmber, only 100 of these. Sea that 2 lbs. Coffee, Droadway Special Ml
\JVer 15 btyleS O* •% you get all that you need. covered with rii ,, qua iit y speaks for Itself.-
Ruffled Curtains •> I substantial ticking, full bed "- Toda>- «-— ■—^ ■ *"■■■ »••
Ruffled Curtains . .*P ■*• ea< h .0.. " " "■"■■""• >*** lOc
'' ... ' With other groceries.
The writer recently Inspected this
line of ruffled Swiss curtains at »1 Reversible d* S" *7 & 3 /""" M"k' A' " Ev"porn'.'.i
pair, and marveled at both variety st/«s' °'"ZL .T> f> £ *% .^so
and value. There is a choice of Smyrna RugS .. . V 7*"7"*- *-* Walter Bakefi Premium Ckooo
various sized dots, figures and Wny> tnl , „ not even tho price of an ordinary a J*" „ .V i'" ' D ia>
Stripes. For today, colored Swiss Ingrain art square, and yet these an heavy, Japan Tea. Bplder Leg, la 53..
curtains marked $1.25 are included reversible (Smyrna rugs, in the 7ljxlOU-tt sUe. '-11- Black Pepper, pure ground,
in this excellent line at, pair $1. Today. ft-Te. ■ '" •*•
B^ajB^l«. B^BB»B»lB»B»l»B»B»B«B«a™Bl»^B»a»a»»»»»»»»»ia^B»BMaWa»^B»l»a»aiB»^BB^ajB»Ma«a^B^a^B^B»«B^B»»»i«^
y *"" . "■' ' = : —\l
' I
' $180.00 is "what 100 shares of "HOME BUILDERS" stock will cost you dur- (
ing March—April 1 $185.00—55.00 profit in 2 days.
As a shrewd, cautious, conservative investor you are anxious to see what is
back of this stock. You want to know if it is worth $1.80 a share now and $1.85 in j
2 days more. !
"HOME BUILDERS" profitable assets are. back of this stock and if you will
go and see the homes that have been built after they were sold and a first payment . j
made on them, you will see the greatest security any company ever had {
You thoroughly understand of course that
Satisfied People Are the Backbone
of everything they are connected with and that satisfaction is an invaluable asset
in any business. Here is where''HOME BUILDERS" is strong. Its way of doing
business secures satisfaction to both stockholders and home buyers.
All of these things make prosperity and profit. ■ |
THIS PROSPEROUS COMPANY
divides its profits among its shareholders. It has no profit eating debts. Its div- |
idend rate now is 14 per cent on par and will be 16 per cent beginning May 1. In- |
creased profits make increased stock values. Hence the April price $1.85. |
You can buy 5 shares or more and pay 10 per cent down and 5 per cent |
monthly for 18 months. < |
The thing wise people will do is to buy today. |
"The Science of Investment" will guide you. It cosh 10c. The "Bungalow |
Book" is a fine bungalow guide. It costs $1.00. General literature is free. |
Office will be open Wednesday and Thursday till 8 :30 p. m. I
J^oxdt lßwxthi>t&
129 South Broadway
' Los Angeles, Cal. 1
PHONES— 10963; Main 496. j
v —. J*
A HERALD WANT AD IS A PAYING INVESTMENT. TRY ONE