the Senate, instead of $7,500 toward the erection of such monument, as proposed by the House, and makes the appropriation available until June 30, 1932, as proposed by the Senate, instead of "until expended," as proposed by the House.

No. 44: Strikes out, as proposed by the Senate, the appropriation of $2,500 proposed by the House on account of the birthplace of George Washington, Wakefield, Va., such appropriation having been included in the bill making appropriations for the Department of the Interior for the fiscal year 1931.

Nos. 45, 46, and 47: Appropriates $80,000 for repairs at the Bath Branch, National Home for Disabled Volunteer Soldiers, as proposed by the Senate, instead of $125,000, as proposed by the House.

No. 48: Makes available $1,000 for the purchase of law books, Panama Canal, as proposed by the Senate, instead of $1,500, as proposed by the House."

The managers on the part of the House have agreed to recommend that the House concur in Senate amendments Nos. 39 and 43, with amendments. The former relates to the Shiloh National Military Park and the latter to Old Fort Niagara, N. Y.

PURCHASING OF LAND ADJOINING FORT BLISS, TEX.

MAY 23, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. MCSWAIN, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 2030]

The Committee on Military Affairs, to whom was referred the bill (H. R. 2030) to authorize an appropriation for the purchase of land adjoining Fort Bliss, Tex., introduced by Mr. Hudspeth, having considered the same, report thereon with the recommendation that it do pass with the following amendment:

Strike out all after the enacting clause and insert the following in lieu thereof:

That the Secretary of War is hereby authorized to acquire, by purchase or condemnation, additional land in the vicinity of and for use in connection with the present military reservation at Fort Bliss, Tex. The unexpended balance, viz, $275,000, of the amount appropriated for this purpose by the act of March 4, 1925 (43 Stat. 1313, 1344), is hereby authorized to be made available, and an additional appropriation of $6,305.70 is hereby authorized, making a total of $281,305.70 herein authorized to carry out the provisions of this act, or so much of said sum as may be necessary.

SEC. 2. The Secretary of War shall, by due advertisement in such manner as he deems best calculated to give the widest necessary publicity, call for offers of land for use in connection with said Fort Bliss, Tex., and if after negotiation he is able to buy said land or any part or parcel or tract thereof at such price or prices as he shall deem to be the fair and reasonable market value of the land, then he is authorized to purchase said land for said purpose at such prices, and if any of said offers of land are at prices deemed by the Secretary of War to be above the reasonable market value of such parcel or tract of land, and if after the negotiation the Secretary of War is unable to purchase the same at fair and reasonable prices as herein defined, then in such case the Secretary of War is authorized to request the Attorney General of the United States to institute condemnation proceedings for the acquiring of such tracts or pracels of land as may be necessary for such purpose.

Your committee took a great deal of testimony as to the necessity of buying additional land for use in connection with Fort Bliss, Tex. The chairman of your committee has visited Fort Bliss and has

reported that in his opinion the purchase of additional land is very neces ary. The acquisition of land for maneuver grounds, especially for cavalry maneuvers, has been regarded as of prime necessity for a number of years. While it may be that only a certain number of parcels of land will come within the requirements of being necessary for use in connection with Fort Bliss, yet the terms of the bill are general. In the opinion of the committee it would be unwise and unbusinesslike to designate certain tracts of land to be purchased and fix absolute the price to be paid for these lands. The selection of the particular tracts to be purchased is an administrative detail that can not properly be handled by Congress. Furthermore, the negotiations between the owners of the lands and the War Department can not be had until after the authority to purchase exists.

The purpose of the amendments to the bill, particularly section 2, is to set up a sort of competition between the landowners in the vicinity of Fort Bliss in the hope and belief that such competition may result in reduced prices. While certain tracts of land may be offered that are not suitable for use in connection with Fort Bliss, yet the prices at which such tracts shall be offered will set a fairly good standard of value as to the tracts that must be purchased. Hence, the requirement for advertisement so as to give the widest necessary publicity to the fact that the Government proposes to purchase additional land for use in connection with Fort Bliss. Then, those who offer land will be permitted to negotiate with the War Department to see if they can come together upon a fair and reasonable price. Of course, the War Department will use every agency available for ascertaining what is a fair market price for the land. It will doubtless use the real-estate board, the chamber of commerce, and such information as it may acquire from other sources. The War Department is not authorized to pay more than the fair and reasonable value of the land. If the owner exacts more than such fair and reasonable value, then the War Department must request the institution of condemnation proceedings as to any particular tract or tracts necessary to be acquired by condemnation. It is believed by your committee that these provisions will protect the Treasury as far as the same can be protected under the circumstances. Your committee ventures the suggestion in its report for the use and benefit of the War Department in so far as it may see fit to adopt the suggestion, that before any price is paid for any particular tract of land, the question of reasonableness of price should be referred to at least three leading and responsible bankers of the city of El Paso. As a general thing bankers entertain a more conservative and prudent opinion as to real-estate values than do real-estate agents themselves. A board of appraisers composed of real-estate men exclusively would not be the safest and most reliable guide as to the fair market value. In addition to the opinion of such realestate men the War Department should also obtain the opinions of at least three responsible bankers and those opinions should be in writing and being in writing would be a fairly dependable and practical guide as to the reasonable market value.

The report of the War Department is as follows:

Hon. W. FRANK JAMES,
Chairman Committee on Military Affairs,
House of Representatives.

JANUARY 24, 1930.

DEAR MR. JAMES: Reference is made to the report of September 9, 1929, submitted by the War Department, on H. R. 2030, to authorize an appropriation for the purchase of land adjoining Fort Bliss, Tex., in which it was stated that the proposed legislation had been submitted to the Director of the Bureau of the Budget who advised that the expenditure contemplated would not be in accord with the financial program of the President and the War Department therefore did not favor the passage of the bill.

Under date of January 17, 1930, the Director of the Bureau of the Budget advised the War Department that the previous action taken in this matter had been reconsidered and that he now wished to advise that the expenditure contemplated by H. R. 2030 would not be in conflict with the financial program of the President.

In view of the foregoing and the facts set forth in the former report, the War
Department urges the passage of this bill.
Sincerely yours,

PATRICK J. HURLEY,

Secretary of War.

SEPTEMBER 9, 1929.

Hon. W. FRANK JAMES,

Chairman Committee on Military Affairs,

House of Representatives.

DEAR MR. JAMES: Careful consideration has been given to the bill, H. R. 2030, transmitted with your letter of June 21, 1929, with a request for a report thereon and such views relative thereto as the department might desire to communicate.

There are no provisions of existing law authorizing the purchase of this land. As you know, the act of Congress approved February 24, 1925 (Public, 448, 68th Cong.), entitled "An act for the purchase of land adjoining Fort Bliss, Tex.," authorized an appropriation of not to exceed $366,000 for the purchase of land in the vicinity of and for use in connection with the Fort Bliss Military Reservation. This sum of money was appropriated in the second deficiency act, fiscal year 1925. (Public, 631, 68th Cong.)

Believing that the price asked for the land in contemplation was too high, the War Department purchased other lands shown in broad orange outline on attached photostat at a price of $91,000, including incidental expenses. Of these two tracts of land, one lying about 11⁄2 miles northeast of the post is used by the Air Corps, while the other tract lying about 31⁄2 miles north of the post is used for small arms and artillery target practice, and is available at other times for field training. The unexpended balance of the $366,000, amounting to $275,000, reverted to the Treasury as savings.

The land shown in broad blue outline on the attached photostat is substantially that which was originally in contemplation for purchase, and is the land referred to in subject legislation.

The acquisition of the tracts in question is essential to the future development of this important post, as the land already possessed is not sufficient and in certain cases not suitable for the training of a cavalry command of the size and importance of that at Fort Bliss. The Morehead tract is the most desirable area in the vicinity of Fort Bliss for close-order training, reviews, and other ceremonies and its proximity to the post is of advantage in increasing the time available for close-order training.

The Ascarate tract is most suitable for training in cavalry field exercises and problems and is in fact the only available land in the vicinity of Fort Bliss for this purpose. It is not likely to be reduced in price, but on the other hand, the price may increase with the growth of the city of El Paso. It should also be noted that if this land is acquired at the figure mentioned in the proposed legislation, the total cost of the land proposed to be purchased and that which was purchased in 1925 would amount to but $6,305.70 more than the sum of $366,000 originally appropriated in 1925.

If any additional information from the War Department is desired I shall be pleased to furnish it. Should hearings be held upon the proposed legislation, witnesses will be designated to appear.

The proposed legislation has been submitted to the Director of the Bureau of the Budget who advises that the expenditure contemplated would not be in accord with the financial program of the President. I, therefore, do not favor the passage of the bill.

Sincerely yours,