COMMEMORATION OF TERMINATION OF WAR AT APPOMATTOX COURT HOUSE, VA. MAY 20, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mrs. KAHN, from the Committee on Military Affairs, submitted the following REPORT [To accompany S. 3810] The Committee on Military Affairs, to whom was referred the bill (S. 3810), to provide for the commemoration of the termination of the war between the States at Appomattox Court House, Va., having considered the same, report favorably thereon with the recommendation that it do pass. The letter of the Secretary of War is found in the Senate report which explains the measure and is therefore made a part of this report. [Senate Report No. 477, Seventy-first Congress, second session] The Committee on Military Affairs, to which was referred the bill (S. 3810), to provide for the commemoration of the termination of the War between the States at Appomattox Court House, Va., having considered the same, report favorably thereon with the recommendation that it do pass with the following amendment: Page 2, line 5, change "$150,000" to read "$100,000". This amendment is for the purpose of making the bill conform to the recommendation of the Secretary of War, contained in his report of December 6, 1928 (S. Doc. 187, 70th Cong., 2d sess.), made in compliance with section 2 of the act of Congress to provide for the study and investigation of battle fields in the United States for commemorative purposes, approved June 11, 1926. There is attached hereto and made a part of this report a letter from the Secretary of War, dated April 1, 1930, reporting on this measure. Hon. DAVID A. REED, United States Senate. WAR DEPARTMENT, Washington, April 1, 1930. DEAR SENATOR REED: Careful consideration has been given to the bill (S. 3810) to provide for the commemoration of the termination of the War between the States at Appomattox Court House, Va., which you transmitted to the War Department under date of March 17, 1930, with a request for information and the views of the department relative thereto. The applicable provision of existing law on this subject appears in Public No. 372, Sixty-ninth Congress, entitled "An act to provide for the study and investigation of battle fields in the United States for commemorative purposes.' approved June 11, 1926. In the report of progress made in the study and investigation of battle fields, submitted to Congress on December 6, 1928, and published as Senate Document No. 187, Seventieth Congress, second session, it was recommended that Congress approve the general classification of battle fields as set forth in House of Representatives Report No. 1071, Sixty-ninth Congress, first session; that it indicate which battle fields, if any, it desires to commemorate or survey; and that it authorize the necessary appropriations to carry its wishes into effect. No action has been taken by Congress on this recommendation. The method of commemoration of the historic events named in this bill is in accordance with the recommendations as to classification as set forth in the report of the War Department. The amount authorized to be appropriated for this commemoration, however, is not in accordance with the recommendations of said report. The bill authorizes the appropriation of $150,000, and further authorizes an annual maintenance appropriation not to exceed $250. The War Department recommends against enactment of the bill for the reason that it does not conform to the report submitted to Congress on this battle field. If the bill were amended by striking out "$150,000' on page 2, line 5, and substituting therefor "$100,000," it would then conform to the report on this battle field submitted to Congress by the War Department. The question as to whether or not any historical place and event shall be commemorated is a matter of public policy which Congress must decide. When a bill is submitted which conforms to the report on that place and event, the War Department consistently withholds any definite recommendation as to whether or not the place and event should be commemorated. Sincerely yours, O PATRICK J. HURLEY, Secretary of War. CHOCTAW POINT LIGHTHOUSE RESERVATION, ALA. MAY 20, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. MERRITT, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 12231] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 12231) authorizing the exchange of certain real. properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co., by the appropriate conveyances containing certain conditions and reservations, having considered and amended the same, report thereon with a recommendation that it pass. Amend the bill as follows: Page 3, line 19, strike out the word "northwest" and insert the word "northeast" in lieu thereof. Nearly 100 years ago the Government acquired for lighthouse purposes a portion of what is known as Choctaw Point, in Mobile. It faces on Mobile Bay. The Government made little use of it until about 1900. In 1905 Congress passed an act granting the use of this property to the Mobile, Jackson & Kansas City Railroad Co., a predecessor in title of the Gulf, Mobile & Northern. Under the grant the railroad company was allowed to use the property for railroad purposes in consideration of the company furnishing certain facilities to the Bureau of Lighthouses. The company was to construct a pier and allow the Bureau of Lighthouses to establish a depot on the outer end, and the company was to maintain the pier and the support for the depot and keep the slips on the sides properly dredged, and was also to furnish a roadway for the Government employees for ingress and egress. The railroad and the Government have used the property side by side all these years, but the business of the lighthouse has very considerably increased and the Government needs more space. The HR-71-2-VOL 4- 3 railroad's business has increased. The result has come about that the railroad and the Government are in each other's way, and it is desired by both parties to make a change. About a year ago negotiations were actively entered upon between the railroad officials and Mr. Lamphier, the Superintendent of Lighthouses, whose office is in New Orleans. About last September they reached an agreement under which a large portion of the land (of which there was originally about 4 acres) should be released to the railroad by the Government and the railroad in turn should convey to the Government for lighthouse purposes the pier now occupied by the Lighthouse Department, together with a strip of land about 190 feet along the water front and 80 feet deep, and the railroad was further obligated to build no other piers close enough to the lighthouse pier to interfere with the free use by the Lighthouse Board of slips or channels along their pier for the accommodation of boats. The pier the railroad is to give is something over 1,000 feet long, and the railroad is to provide a roadway for ingress and egress. This agreement made with the superintendent was approved by the Commissioner of Lighthouses and by the Secretary of Commerce. This bill, which was drawn to carry out the agreement, was prepared by the Department of Justice and has been approved by the Department of Commerce and by the railroad company. The bill has been approved by the Departments of Commerce and Justice, and by the Bureau of the Budget, as will appear by the letters attached. Hon. JAMES S. PARKER, DEPARTMENT OF COMMERCE, Chairman Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. MY DEAR CONGRESSMAN: I have your letter of May 8, requesting a report from this department on H. R. 12231, entitled "A bill authorizing the exchange of certain real properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co., by the appropriate conveyances containing certain conditions and reservations." For the information of your committee, I am inclosing herewith a memorandum dated May 14, 1930, from the Commissioner of Lighthouses, regarding this bill, also a letter from the Director of the Bureau of the Budget, dated May 15, 1930. Very truly yours, E. F. MORGAN, Acting Secretary of Commerce. DEPARTMENT OF COMMERCE, Memorandum for the Secretary of Commerce. 1. The bureau is returning herewith letter of May 8, 1930, from the chairman of the House Committee on Interstate and Foreign Commerce, requesting a report on H. R. 12231, entitled "A bill authorizing the exchange of certain real properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co., by the appropriate conveyances containing certain conditions and reservations.' 2. Under authority of the act of Congress dated April 23, 1902 (32 Stat. 119), the Mobile, Jackson & Kansas City Railroad Co. was granted permission to build and construct wharves, docks, piers, and other structures for use in the operation of its railroad, upon a tract of land at Choctaw Point, Mobile County, Ala., and now held by the United States for lighthouse purposes. The Gulf, Mobile & Northern Railroad Co. succeeded to the rights of the Mobile, Jackson & Kansas City Railroad Co. and subsequently entered into a sublease with the Continental Roofing Co., authorizing the latter to construct two oil tanks and a pumping station on the property. A protest was made by the Lighthouse Service against such use of the property, on the grounds that this use was not authorized by the act of 1902. 3. Under section 4 of the act of 1902, the United States reserved the right to repossess the property at any time, upon making just compensation for the structures. The Lighthouse Service is in need of greater depot facilities at Mobile, and by department letter of March 7, 1928, the matter was taken up with the Attorney General, with request that the property be repossessed by such legal measures as might be necessary. After considerable correspondence it was decided that the best way to settle the matter was by an exchange of property between the Lighthouse Service and the Gulf, Mobile & Northern Railroad Co., and terminating the lease arrangement. 4. H. R. 12231 appears to be in satisfactory form and it is recommended that the department report favorably thereon, if there is no objection. Hon. JAMES S. PARKER, G. R. PUTNAM, Commissioner of Lighthouses. DEPARTMENT OF JUSTICE, Washington, D. C., May 17, 1930. Chairman Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: I have your letter of the 15th instant, relative to H. R. 12231, which would authorize the Secretary of Commerce to convey to the Gulf, Mobile & Northern Railroad Co. the Choctaw Point Lighthouse Reservation, Mobile County, Ala., in exchange for and dependent upon the said railroad conveying to the United States, by warranty deed and such abstracts and certifications as may be necessary to convey a title acceptable to the Attorney General, a certain described parcel of land and a pier known as the Gulf, Mobile & Northern Railroad Co. Pier No. 3. This bill has been considered by this department, and I know of no objection to its approval. However, in checking the printed bill with a typewritten copy on file in this department, I find that the word "northwest" on page 3, line 19, of the printed bill appears as "northeast" in the typewritten copy; and on inquiry am informed by the Lighthouse Bureau of the Department of Commerce that the word should be "northeast. "" Respectfully, THOMAS D. THACHER, Acting Attorney General. BUREAU OF THE BUDGET, Hon. ROBERT P. LAMONT, Secretary of Commerce. MY DEAR MR. SECRETARY: I have your letter of the 12th instant concerning H. R. 12231, a bill authorizing the exchange of certain real properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co., by the appropriate conveyances containing certain conditions and reservations. You are advised that in so far as the financial program of the President is concerned, there is no objection to your proposed report. Sincerely yours, J. CLAWSON ROOP, Director. O |