on one or both sides of the street and at such points it would be necessary to erect poles.

66

For a better understanding of this matter attention is directed to a map of the city of San Juan, filed herein as Document No. 35, Insular Division. The solid red line on said map shows the proposed route of the loop extension. Commencing at the point where the red line joins the black line, which indicates the tramway as now constructed, and following the red line as it proceeds westward, there is reached a junction of the solid red line and a broken red line. The solid red line indicates the route proposed by the company; the broken red line indicates a change in said line, as suggested by General Davis. The route indicated by the broken red line passes over an open field on which there are no structures. Certain portions of it are marked as parks, but they are parks in the sense only of being reserved for that purpose. The solid red line parallels the military highway, but does not encroach thereon, and along the route indicated by the solid red line there are also no structures. From the point where the proposed route leaves the line as constructed until it crosses the str et known as Calle de O'Donnell" there are no structures to which brackets could be attached, and in order to operate the road by electricity it would be necessary to erect poles to sustain the trolley wire. After the route crosses San Francisco street there are buildings on both sides, and poles would not have to be erected until the road crossed the street known as "Calle de la Cruz." From this point on there are buildings on the north side of said street, but none on the south side of the street, which is a park known as "Plaza de Alfonso XII.” It would be necessary to erect poles along the south side of the street for the length of the park when the extension reaches the street known as "Calle de José." On this street the extension turns south and the buildings could be utilized until the extension reached the street known as "Calle de Tetuan." From that point on the proposed route traverses a portion of the city in which no buildings are constructed, and the abutting land is owned by the United States. General Davis suggests that, if the Secretary of War permits the construction of the proposed extension, the company be granted the privilege of erecting poles throughout the line of said extension at such places as may be designated by the municipal authorities and approved by the commander of the military department.

This object could also be accomplished by having the company state definitely and specifically the places on the property owned by the United States at which they desire to erect poles and the Secretary of War issue a revocable license permitting them so to do, and the question of erecting poles in the municipal streets be referred to the municipal authorities and the commander of the military department. In his report thereon General Davis calls attention to the fact that the city of San Juan greatly needs revenues, and recommends that

this valuable privilege be made to yield an income to the city by requiring the company to pay 2 cents for each paying passenger around said loop. (Doc. 32, p. 9, Ins. Div.)

In view of the uncertainty and inconvenience which would probably result from this plan it might be well to fix a definite sum, to be paid at stated intervals, if the privilege is granted, making the payment a condition of the enjoyment of the privilege.

THE CONSTRUCTION AND OPERATION OF SPUR ON THE HARBOR FRONT AT SAN JUAN.

The harbor front at San Juan is property of the United States, proprietary rights having been acquired from the Crown of Spain. The Secretary of War may therefore issue a revocable license authorizing the construction and operation of a tramway thereon upon such terms and conditions as he sees fit.

General Davis reports in regard to this desired privilege that no present necessity exists for the installation of a tramway on the harbor front. (Doc. 32, p. 7.)

THE CONSTRUCTION AND OPERATION OF A BRANCH LINE REACHING TO A COCOANUT GROVE ON THE BEACH NEAR SAN JUAN, FREQUENTED AS A PLEASURE RESORT.

The attention of the Secretary is directed to the smaller of the two blue prints attached to Document No. 48 for information regarding the location of the grove and the extent of the privilege sought for by this part of the application. The company propose to secure, by purchase or otherwise, a right of way over the private property lying between the tramway, as now constructed, and said grove, but the tramway lies on the side of the military road farthest from the grove, and in order to reach the grove it is necessary for the company to lay a track across the military road. This is the privilege which is requested. The military road being property of the United States, the Secretary of War is authorized to grant such permission by way of revocable license.

It will be noticed that this branch passes through what appears to be a portion of the village of Santurce, lying on the northeast side of the military road. In conversation with General Davis he stated to the writer that the village of Santurce was a straggling hamlet without defined streets, and that this branch would in no way interfere with the passage of the public.

TO PURCHASE OR LEASE FROM THE UNITED STATES A LOCATION FOR AN ELECTRIC PLANT.

Attention has been directed herein before to the holding of the Attorney-General that the Secretary of War can not sell property of the United States situated in Porto Rico, but that he may lease such property by granting a revocable license.

General Davis reports favorably on the application for a lease of such site, and if there are no military or other reasons against permitting the erection of a building on the location desired, it might be an additional means of revenue for the provisional government. From the statements made by the representatives of the tramway company at the oral hearing, and also the statements made by the representatives of the company to General Davis and by him communicated to the writer, it appears that in the event that the Secretary of War shall grant the request of the company to cross the military road, and thereby enable it to build an extension to the cocoanut grove, it will be unnecessary for the company to secure a site for its electric plant on Government property, as the company can secure a good location for said building along the line of the proposed road to the grove. This is what is contemplated in the request of the company numbered seven in this report, and therefore said request number seven needs no further explanation.

APPLICATION OF SAN JUAN LIGHT AND TRANSIT COMPANY.

There remains to be considered the application of the San Juan Light and Transit Company for permission to install a system of electric lighting in the city of San Juan. The San Juan Light and Transit Company is an American corporation, organized under the laws of the State of New York. The articles of incorporation were filed May 13, 1899. The company does not claim to have acquired any rights from the Spanish Government. It is an application for a new and original franchise.

The company have applied to the municipal authorities of the city of San Juan for the desired privilege, and said municipal authorities have consented to the grant of said privilege, subject to the approval of the general in command of the department and the Secretary of War. The questions thus presented have been discussed in connection. with the privilege of extending the loop, and therefore need not be repeated.

General Davis reports favorably in regard to granting this franchise. Attention is directed to the fact that on account of the streets in San Juan being narrow, the erection therein of electric-light poles would be a serious obstruction, and should be obviated wherever possible. The representatives of the company recognize this and say that for the purposes of distributing the light they could attach their wires to the buildings, and that they propose to secure the right so to do from the owners of the buildings. They understand that they can not secure the privilege of exercising the right of eminent domain from the Secretary of War, and do not request such privilege.

The attention of the Secretary of War is also directed to the fact that an electric-lighting system is already installed in the city of San Juan under a concession from the Spanish Crown. If the Secretary

of War shall deem it advisable to authorize the San Juan Light and Transit Company to install another system, an examination should be made of the concession owned by the present company, in order that their property rights may not be impaired, such rights being protected by the treaty of Paris (1898). No information regarding the terms of the existing concession is available in this Department.

It will be observed that most of the questions presented by the applications involved herein are administrative, and therefore do not call for recommendation. Such questions as are not administrative are alternative. It is therefore impossible for me to prepare the form of an order in regard thereto until advised by the Secretary of War as to his determination.

The foregoing report was referred to the military governor of Porto Rico for his consideration in carrying out the direction of the Secretary of War, as follows:

WAR DEPARTMENT,

Washington, D. C., April 5, 1900.

You are hereby authorized to approve, with or without conditions, the proceedings of the municipal council of San Juan, P. R., heretofore taken or to be taken in the matter of the application of the owners of the San Juan and Rio Piedras Tramway Company to extend its tramway and to change the motive power and gauge thereof. The authority hereby conferred is to be exercised in accordance with the treaty of peace between the United States and Spain, and the laws, ordinances, and military orders now in force or hereafter established in Porto Rico.

Brig. Gen. GEO. W. DAVIS,

ELIHU ROOT, Secretary of War.

Military Governor of Porto Rico, San Juan, P. R.

IN RE THE MATTER OF ANNULLING THE ALLEGED TITLE TO THE ISLAND OF CAJA DE MUERTOS AND THE PHOSPHATE DEPOSITS THEREIN, GRANTED BY GENERAL HENRY TO MIGUEL PORRATA DORIA IN 1899.

[Submitted May 22, 1900. Case No. 842, Division of Insular Affairs, War Department.]

SIR: I have the honor to acknowledge the receipt of the papers in the above matter with a request for a report thereon, and in compliance with said request I have the further honor to report as follows:

In two letters, the first dated April 17, 1900, and the second May 4, 1900, Brigadier-General Davis directs the attention of the Secretary of War to the grant made by General Henry to Miguel Porrata Doria for the island of Caja de Muertos, under which Doria claims to exercise ownership over the phosphate deposits in said island, and urges that steps be taken to cancel and annul said grant.

It appears from the papers that since 1893 a controversy has existed between several parties who were desirous of securing from the Spanish Government a concession to remove the phosphates on this island. Doria was one of the contestants. At one time the concession was ordered to be sold at auction, and, the sale being had, the concession was awarded to a man named Collado. Subsequently, at the instance of Doria, the grant to Collado was annulled. Thereupon Doria insisted that the grant should be made to him by virtue of his original proceedings. This application had not been acted upon at the time the island of Porto Rico became subject to military occupation by the forces of the United States. On November 4, 1898, Doria addressed a communication to General Brooke reciting the previous steps which he had taken, and requesting that a grant of the desired privileges be made to him in virtue of such proceedings. In his communication to General Brooke, Doria says:

*

* * *

After all the necessary steps had been taken and the only thing remaining to be done was to grant the final concession of this isle to the petitioner, from which it would seem that he does not claim that he acquired absolute rights to the property from the Spanish Government; that there yet remained the final act on the part of the Spanish authorities conveying said right to him.

Under the rule announced by the Attorney-General in the case of Ramon Valdez (with which opinion the Secretary of War is entirely familiar), Doria does not possess concessionary rights which the provisional government of Porto Rico is authorized to recognize. (22 Op. 546.)

It appears that during the pendency of the controversy Doria was given provisional authority, pending final decision in the matter, to remove the phosphates in this island upon payment of an annual rental and a royalty on each ton of phosphate exported. The exercise of this privilege was limited to the time occupied in determining who should receive the continuing concession under the proceedings then instituted. Therefore, by the terms of the grant, the right to enjoy the privilege ceased when the concession was conferred upon Collado. Subseqently the concession to Collado was set aside; but, as a legal proposition, I do not think this would revive the provisional grant to Doria in the absence of affirmative action in regard thereto by the Spanish authorities. Whether it did or not is now immaterial, for, at best, Doria was but a tenant at will of the Spanish Government and admonished from the inception of his tenantry of its temporary character. When the Spanish Government ceased to be the proprietor of the property and the United States became the owner thereof, Doria would certainly be no more favorably conditioned.

General Brooke did not see fit to finally determine the claim made by Doria, and the matter was presented to General Henry, who sus1394—03——29