Memorandum for the Secretary.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, February 28, 1930.

Reference is had to the request of Hon. Don B. Colton, chairman Committee on the Public Lands, for a report on H. R. 7254, to amend the act of June 25, 1910 (36 Stat. 834), in which provision is made for the deposit by railroad companies of the cost of surveying lands within their grants.

Except as to the extent that section 2401 R. S. may be applicable, provision is made by two separate acts for the deposit by railroad companies of amounts to cover the cost of the survey of lands within their respective grants, the act of February 27, 1899 (30 Stat. 892), and the act of June 25, 1910, supra.

The two acts are distinct in that

(a) The former act may be invoked by the companies to whom lands are granted, while the latter provides for the Government's taking the initial step;

(b) The former required the deposit of an amount sufficient to cover the cost of surveying both odd and even numbered sections, while the latter provides for the deposit of the cost of surveying only the granted lands, ordinarily the odd-numbered sections; and

(c) The former provided for the issuance of triplicate certificates for the amounts deposited and the receipt by the Government of such triplicate certificates, "for any survey or office fees due * * from such railroad company

on account of lands within its grant," while no such provision is made in the latter.

It is mainly the omission of that provision that brings about the necessity for some such legislation as that proposed in this bill. Had the act of June 25, 1910, contained the same provisions as to the issuance and use of triplicate certificates as are included in the act of February 27, 1899, the matter would have taken care of itself, for since 1910 the various railroad companies have selected many thousands of acres of land on which they were required to pay surveying fees in cash, notwithstanding the fact that they may have had goodly sums to their credit under the act of June 25, 1910.

The bill proposes to repay any moneys deposited for the survey of granted lands which "are thereafter found to be excepted from the operation of such grant." Recognizing the lack of provision in the original act for refunding any moneys deposited and used in the survey of granted lands to which the companies could not secure title (such as mineral lands, Spanish grants, reservations, etc.), it has been the practice in administering the act to allow toward the payment of surveying fees on indemnity lands of the payment under the act of the cost of surveying the base lands on account of which the lieu selections were made.

I have therefore to suggest the introduction into the bill of an expression that will recognize the possibility that, while a particular area of land has been lost to the company, it may have selected lands in lieu thereof on which surveying fees were credited as already paid, in the same manner as though the selection had been the base lands, the cost of surveying which had actually been paid by the company.

The expression beginning in line 7, page 2, might be made to read:

* * there shall be repaid to such railroad corporation or corporations upon application therefor the cost of surveying the lands so excepted from the operation of its or their said grant or grants, except in those cases in which the cost of surveying the base land shall have been applied to the payment of surveying fees on lands selected in lieu thereof."

With the change suggested, I respectfully recommend the passage of the act. C. C. MOORE, Commissioner.

O

IMPROVEMENTS AT GUILFORD COURTHOUSE NATIONAL MILITARY PARK

MAY 29, 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 M. R. 7496]

The Committee on Military Affairs to whom was referred the bill (H. R. 7496) authorizing an appropriation for improvements at the Guilford Courthouse National Military Park, introduced by Mr. Stedman, having considered the bill, report thereon with the recommendation that it do pass with the following amendments:

Line 3, after "$50,000", insert a comma and add the following language: "or so much thereof as may be necessary,".

Line 5, strike out "in the erection of a home for the superintendent". Line 6, before the word "additional" insert the word "necessary". The purpose of this legislation is to authorize much needed improvements at the Guilford Courthouse National Military Park.

The Battle of Guilford Courthouse occupies a conspicuous place in our history. In view of the approaching celebration of the sesquicentennial on March 15, 1931, the appropriation is necessary for the surfacing of roads in the park which are in bad condition, and also for the purchase of land for preservation of historic trees, notably the "Cornwallis Oak" where Lord Cornwallis tied his horse. The beauty and impressiveness of the superb statute of General Nathanael Greene, erected by the Government at a cost of $30,000, are threatened by the lack of adequate maintenance.

The roads in the park are now nothing but gravel roads and when the weather is wet, the clay at that place is very slippery, thus rendering traffic, especially automobile traffic, practically impossible. At the time of the celebration of the sesquicentennial on March 15, 1931, the roads are almost sure to be bad after a winter of rain and snow, and for this reason the authority and the appropriation to surface the roads through the park is in the nature of an emergency.

Without having the roads surfaced the proposed celebration will almost surely be a failure. Tens of thousands will wish to attend the celebration and unless the roads are surfaced their visit will be disagreeable, inconvenient, and perhaps result in injury to persons and property in some instances.

The report of the Secretary of War is as follows:

Hon. W. FRANK JAMES,

Chairman Committee on Military Affairs,

House of Representatives.

JANUARY 9, 1930.

DEAR MR. JAMES: Careful consideration has been given to the bill (H. R. 7496) authorizing an appropriation for improvements at the Guilford Courthouse National Military Park, which you transmitted to the War Department under date of December 16, 1929, with a request for information and the views of the department relative thereto.

The applicable provision of existing law is the act approved March 2, 1917 (39 Stat. 996), providing for the establishment of a national military park at the battle field of Guilford Courthouse.

Sections 3 and 5 of the act of March 2, 1917, give the Secretary of War ample authority to acquire additional land, repair the roads, and to make such other improvements at the park as may be necessary. Suitable quarters already exist for the foreman. For the administration of this small park of 110 acres the construction of an additiona! building for the resident commissioner, who is not required to devote all of his time to superintending the park affairs, is not favorably considered.

An investigation has been in progress for some time concerning the improvement of the park road system, and when it has been completed an estimate will be submitted by the department in due time for an appropriation under the authority contained in section 5 of the existing law.

Sincerely yours,

In view of the facts outlined above, disapproval of the bill is recommended. PATRICK J. HURLEY, Secretary of War.

O

ADDITIONAL JUDGE FOR THE EASTERN AND WESTERN DISTRICTS OF STATE OF ARKANSAS

MAY 29, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. DYER, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 9590]

The Committee on the Judiciary, to whom was referred the bill H. R. 9590, after consideration reports the same favorably with an amendment and recommends that the bill as amended do pass.

The committee amendment is as follows:

Page 1, line 5, strike out the words "for the United States District Court".

The report of the Attorney General for the year 1929 shows that there was pending at the close of business as of June 30, 1929, the following cases in the eastern and western districts of Arkansas: Eastern district:

At present there is one judge in each of the districts in the State of Arkansas. This bill will provide an additional judge who shall serve in both of the districts and it is thought by a proper division of his time he will be able to relieve the congestion of the judicial business in the State which is apparent from the statement of the condition of the docket set forth above.