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APPENDIX G.

ESTABLISHMENT OF HARBOR LINES IN MISSOURI RIVER AT KANSAS CITY, KANSAS, AND KANSAS CITY, MISSOURI.

STATE OF KANSAS,

EXECUTIVE DEPARTMENT, GOVERNOR'S OFFICE,

Topeka, September 24, 1892.

SIR: I have the honor to inclose herewith the minutes of a joint conference of the executive committees of the State boards of health of Kansas and Missouri, held in Kansas City, Mo., on the 10th instant, to discuss the cholera situation; also, resolutions adopted by said executive committees.

I desire most respectfully to call your attention to the resolutions, and urge that the request therein presented may receive speedy and favorable consideration at your hands, and trust that you will direct the Misssouri River Commission, of which Col. C. R. Suter is president, to establish the true river front or harbor line at Kansas City between the States of Kansas and Missouri.

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Respectfully referred to Lieut. Col. Chas. R. Suter, Corps of Engi

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Respectfully returned to the Chief of Engineers, U. S. Army, with report of this date.

CHAS. R. SUTER,

Lieut. Col. of Engineers,

President Missouri River Commission.

[Fourth indorse:nent.]

OFFICE CHIEF OF ENGINEERS,

U. S. ARMY,

October 15, 1892.

Respectfully returned to the Secretary of War with recommendation that the Missouri River Commission be directed to take into consideration and report its recommendations upon the subject of harbor lines at Kansas City, Kans., and Kansas City, Mo.

THOS. LINCOLN CASEY, Brig. Gen., Chief of Engineers.

[Fifth indorsement.]

WAR DEPARTMENT, October 17, 1892. Respectfully referred to the Acting Judge Advocate-General. What authority has the Secretary of War to direct the Missouri River Commission to consider and report upon the subject of harbor lines at Kansas City, Kans., and Kansas City, Mo.?

By order of the Acting Secretary of War:

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JUDGE ADVOCATE-GENERAL'S OFFICE,
Washington, D. C., October 24, 1892.

Respectfully returned to the Secretary of War.

This is a request made by the State boards of health of Kansas and Missouri, through the governors of those States, that the Secretary of War direct the Missouri River Commission to locate and establish harbor lines in the harbor at Kansas City, Mo., and Kansas City, Kans.

It seems from a report of Col. Suter herewith that there is apparently a necessity for the establishment of lines in that harbor for the "preservation and protection of the harbor," but the question asked in the indorsement referring the matter to this office is, What authority has the Secretary of War to direct the Missouri River Commission to consider and report upon the subject of harbor lines at Kansas City, Kans, and Kansas City, Mo.?"

I do not think he has such an authority in the sense that the Commission would be under obligation to obey such a direction given by him. That Commission is composed partly of civilians, and its duties under the statute relate exclusively to something other than establishing harbor lines. It is, therefore, not subject as a body to the orders or directions of the Secretary of War in the matter of establishing harbor lines, nor are its civilian members subject individually to such orders or directions; yet the law authorizing the establishment of harbor lines is such that the Secretary of War might act through the Commission in carrying it into effect, provided the Commission will act in the matter. That law is, that "when it is made manifest to the Secretary of War that the establishment of harbor lines is essential to the preservation and protection of harbors, he may, and is hereby authorized to, cause such lines to be established," etc.

He is not required to act through any particular agent or agency. Still, the engineer officers of the Army are subject to the orders of the Secretary of War in this matter, and are competent to do this work, and I therefore recommend that one or more of them be desig nated therefor.

G. NORMAN LIEBER,
Acting Judge-Advocate-General.

[Seventh indorsement.]

WAR DEPARTMENT, October 26, 1892.

Respectfully returned to the Chief of Engineers.

If, in the opinion of the Chief of Engineers, the establishment of harbor lines is essential to the preservation and protection of the harbor at Kansas City, Kans., and Kansas City, Mo., he will appoint a board of engineer officers to examine and report upon the same, taking

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all the necessary steps to establish a bulkhead line and a pier-head line at the points named. There is no objection to his detailing the three officers on the Missouri River Commission for that board, nor is there any objection known to his or their asking the other members of the Missouri River Commission to act with them, but it is not thought proper to direct the Missouri River Commission, as such, to establish harbor lines.

This case is considered one of unusual importance, as the establishment of harbor lines may affect the question of the boundary line between the two cities named and between the States of Kansas and Missouri. Full and complete surveys should be made, and the whole location should be thoroughly examined and the subject thoroughly investigated. Before final action, ample notice should be given to the governor of the State of Missouri, to the governor of the State of Kansas, and to the mayor of Kansas City, Mo., and the mayor of Kansas City, Kans., and to the county authorities and to the riparian owners, so that all the parties interested may have an opportunity to be heard. One or more days should be appointed for a hearing before the board, and all the parties interested should have an opportunity to be heard and to furnish statements and evidence, all of which should be submitted with the report of the board.

[Eighth indorsement.]

L. A. GRANT, Acting Secretary of War.

OFFICE CHIEF OF ENGINEERS,

Respectfully returned to the Secretary of War.

U. S. ARMY,

October 31, 1892.

The act of July 13, 1892, provides that the appropriation made for the Missouri River shall be expended under direction of the Secretary of War in the systematic improvement of the river according to the plans and specifications of the Missouri River Commission, as approved by the Chief of Engineers.

The harbor lines established at Kansas City should be in harmony with the plans of the Commission for the general improvement of the river at that place; and, furthermore, if a board of engineer officers be constituted to examine and report on this subject, there will be no fund available from which the expenses of the examinations, surveys, hearings, and other necessary investigations can be paid.

For these reasons it is considered important that the matter should be placed in the hands of the Missouri River Commission, and it is respectfully recommended that the Commission be directed to take into consideration and report on the subject of these lines in accordance with the detailed methods set forth in the directions of the Secretary of War contained in the seventh indorsement.

THOS. LINCOLN CASEY,

Brig. Gen., Chief of Engineers.

[Ninth indorsement.]

WAR DEPARTMENT, January 7, 1893.

Respectfully returned to the Chief of Engineers, with the suggestion that he call the matter to the attention of the Secretary of War.

L. A. GRANT,

Assistant Secretary of War.

[Tenth indorsement.]

WAR DEPARTMENT, January 9, 1893.

The Secretary of War concurs in the views and recommendations of the Chief of Engineers, and they will be carried out. By order of the Secretary of War:

JOHN TWEEDALE,

Chief Clerk.

[Eleventh indorsement.]

OFFICE CHIEF OF ENGINEERS,

U.S. ARMY,

January 10, 1893.

Respectfully returned to Lieut. Col. C. R. Suter, Corps of Engineers, calling attention to the eighth and tenth indorsements. By command of Brig. Gen. Casey:

H. M. ADAMS, Major, Corps of Engineers.

[Twelfth indorsement.]

MISSOURI RIVER COMMISSION,

St. Louis, Mo., September 14, 1893.

Respectfully returned to the Chief of Engineers, U. S. Army, with report of this date.

CHAS. R. SUTER,
Lieut. Col. of Engineers,

President Missouri River Commission.

COMMUNICATION OF THE EXECUTIVE COMMITTEES OF THE STATE BOARDS OF HEALTH OF KANSAS AND MISSOURI.

KANSAS CITY, Mo., September —, 1892.

DEAR SIR: At a joint conference of the executive committees of the State boards of health of Kansas and Missouri, held in this city on the 10th instant, to discuss the cholera situation, the resolutions, of which we inclose a copy herein, were unanimously adopted.

The slough mentioned in the resolutions is a standing menace to the health of both the Kansas cities; and as there is doubt as to which of the cities it legally belongs, neither city seems to think that it is justified in taking care of its sanitary condition. This being the case, it is at this time especially desirable that some method be adopted to better its condition from a sanitary standpoint at once and while there is no imminent immediate danger.

It was the opinion of this joint body that if the true river or harbor line should be definitely established, and the dispute as to the ownership of the ground thus settled, efforts would then be made immediately by the proper authorities to drain the slough.

We respectfully beg you to aid us in this precaution, which we think ought to be taken, by calling the attention of the honorable Secretary of War to the state of affairs and asking him to give such instructions to the Missouri River Commissioners as shall bring about a speedy location of the river line along the front of the two cities.

Hoping that you will aid us in this matter, which we deem of great and urgent importance to both Kansas City, Mo., and Kansas City, Kans.,

We are, with respect,

H. D. HILL, M. D., Kansas,
W. G. HALL, M. D., Missouri,
H. M. DOWNS, M. D., Kansas,
E. R. LEWIS, M. D., Missouri,

(Signed by authority of the committee by E. R. Lewis.) His Excellency, LYMAN U. HUMPHREY,

Topeka, Kans.

Committee.

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