I shall appreciate it if you will be so good as to examine the inclosed draft bill and, if you have no objection thereto, introduce it in the House of Representatives. As the arbitration of the I'm Alone case is now pending, it is desirable to have this legislation enacted as promptly as possible. A similar communication has been addressed to the chairman of the Judiciary Committee of the United States Senate. Very truly yours. HENRY L. STIMSON. A supplemental letter dated May 24, 1930, from the Secretary of State urging action before this session of Congress adjourns is also printed herewith and made a part of this report. Hon. GEORGE S. GRAHAM, DEPARTMENT OF STATE, Chairman Judiciary Committee, House of Representatives. SIR: With reference to this department's letter dated December 20, 1929, pursuant to which you introduced, on January 16, 1930, H. R. 8704, entitled 'A bill authorizing commissioners or members of international tribunals to administer oaths, to subpœna witnesses and records, and to punish for contempt," I wish to invite your attention to the desirability of action thereon at this session of Congress. It is considered very important to make provision whereby the oral testimony of witnesses may be taken by the tribunal which is to consider the claims arising from the sinking of the I'm Alone. I am advised that S. 2828, which was introduced in the Senate on December 21, 1929, passed the Senate on March 5, 1930 and has been referred to your committee. I sincerely hope that you will find it possible to take favorable action upon S. 2828 at an early date in order that this much-needed legislation may be passed. Very truly yours, J. P. COTTON, Undersecretary. APPROVAL OF CONGRESS TO RIO GRANDE COMPACT OF FEBRUARY 12, 1929 JUNE 2, 1930.-Referred to the House Calendar and ordered to be printed Mr. ARENTZ, from the Committee on Irrigation and Reclamation, submitted the following REPORT [To accompany S. 3386] The Committee on the Public Lands, to whom was referred (S. 3386) giving consent and approval of Congress to the Rio Grande compact signed at Santa Fe, N. Mex., on February 12, 1929, having considered same, report favorably thereon and recommend its passage. The pending measure was submitted to the Secretary of the Interior for an expression of opinion in regard to its provisions and his reply is as follows: Hon. ADDISON T. SMITH, DEPARTMENT OF THE INTERIOR, Chairman Committee on Irrigation and Reclamation, House of Representatives. MY DEAR CONGRESSMAN SMITH: With reference to your letter of May 22 requesting a report on S. 3386, "An act giving the consent and approval of Congress to the Rio Grande compact signed at Santa Fe, N. Mex., on February 12, 1929," I know of no reason why the proposed measure should not receive favorable consideration. Very truly yours, RAY LYMAN WILBUR, Secretary. This bill passed the Senate on May 8, 1930. The necessity for this legislation is fully set forth in the accompanying statement submitted by the Senate committee in report No. 581, Seventy-first Congress, second session: The Rio Grande compact, to which Congress is now asked to give its consent, contains the unanimous agreement of the three States interested in the waters of the Rio Grande River, namely, Colorado, New Mexico, and Texas. At the negotiations at Santa Fe, which took place early in 1929, a duly appointed representative of the United States participated; and his approval was also given to the compact. The representative was selected by the President for this particular purpose. As set forth in the bill, the compact has since been approved by the legislatures of the three States in question. HR-71-2-VOL 4- -30 The pending agreement is a part of the general program to settle water-right problems, which might possibly lead to serious State conflicts, by mutual agreement rather than by resort to the courts. The benefits are obvious. The long delay often incident to legal procedure is prevented, and the development of each of the States through beneficial use of the waters of the stream is thereby expedited. In this case, however, final agreement could not be reached due to lack of essential information and especially due to unusual conditions resulting from an old Federal embargo on reservoir construction on the upper reaches of the stream. The object of the compact, then, briefly stated, is to establish a moratorium for a 5-year period, or until June 1, 1935, during which the three States, assisted by the United States, might work out all water problems involved and reach final agreement, subject, of course, to approval by Congress. The ratification of the pending compact will undoubtedly prevent threatened lawsuits-a most important consideration. It is hoped also that within the 5-year period a plan will be adopted for the drainage of the so-called closed basin of the San Luis Valley, thereby relieving a situation caused by the imposition of the embargo above mentioned. While it was the hope of those who negotiated the compact that this work should be done by the Federal Government, it is expressly stated in Article II that "approval by Congress of this compact shall not be construed as constituting an acceptance or approval, directly, indirectly, or impliedly, of any statement or conclusion" of the commissioners relative to such drainage problem. The committee believes that the Rio Grande compact will serve a most useful purpose in preventing lawsuits and will actually result in a mutually satisfactory division of the waters of the stream to the benefit of the States interested and of the United States. The taking of the present step required to ratify the compact is, therefore, urged upon Congress at this time. FERN STREET GRADE CROSSING JUNE 2, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. STALKER, from the Committee on the District of Columbia. submitted the following REPORT [To accompany S. 4223] The Committee on the District of Columbia, to whom was re referred the bill (S. 4223) providing for an underpass instead of a viaduct at the Fern Street grade crossing, having reconsidered the measure, recommends that the legislation do pass with the following amendments: Page 1, strike out lines 3 to 6, inclusive. Page 3, after line 16, insert the following new section: SEC. 4. So much of the act entitled "An act to provide for the elimination of grade crossings of steam railroads in the District of Columbia, and for other purposes", approved March 3, 1927, as authorizes and directs the construction of a viaduct and approaches thereto to carry Fern Street over the tracks and right of way of the Baltimore and Ohio Railroad, is hereby repealed. Amend the title so as to read: A bill to provide for a subway under the tracks of the Baltimore and Ohio Railroad Company in the vicinity of Chestnut Street, and for other purposes. The object of this bill is to eliminate a grade crossing which has claimed four lives within the past three years. The crossing is located in a populous community with a constantly increasing burden of traffic. Under the act which this bill seeks to amend, it was planned to construct a viaduct over the tracks of the Baltimore & Ohio Railroad Co. This plan, however, would have necessitated a narrow roadway on the bridge and a right-angle turn in order to keep the bridge within the District of Columbia line. The original project presented so many engineering difficulties that the problem was restudied, with the result that an underpass was found feasible and decidedly preferable to the plan for a viaduct. Since the introduction of this bill the engineering department of the District government has given further study to the project. This study indicates the desirability of constructing on a line slightly differing from that on which the department had formerly determined. To accomplish this change, and to provide for construction of a retaining wall, to prevent damage to private property on Fern Place, the bill has been amended. The bill authorizes an appropriation of $250,000, including the item of $39,000 for the retaining wall and change of line of construction. This legislation has been approved by the District commissioners and by the Bureau of the Budget, both letters having been printed in the Senate report on this bill. CHANGES IN EXISTING LAW To comply with paragraph 2a of Rule XIII of the House of Representatives the change in existing law proposed by the bill is shown below. The proposed legislation will have the effect of striking out of the act of March 3, 1927, the language shown below in black brackets and inserting the language shown in italics: AN ACT To provide for the elimination of grade crossings of steam railroads in the District of Columbia and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to construct [viaducts] a viaduct and approaches thereto, to carry [Fern and] Varnum [Streets] Street over the tracks and rights of way of the Baltimore and Ohio Railroad Company and to construct a viaduct and approaches thereto to carry Eastern Avenue over the tracks and rights of way of the Philadelphia, Baltimore and Washington Railroad Company and the Baltimore and Ohio Railroad Company, in accordance with plans and profiles of said works to be approved by the said commissioners: Provided, That one-half of the total cost of constructing the viaduct and approaches thereto at Varnum Street [and one-half of the total cost of constructing the viaduct and approaches thereto at Fern Street] shall be borne and paid by the said Baltimore and Ohio Railroad Company, its successors and assigns, and that one-half of the total cost of constructing the viaduct and approaches thereto at Eastern Avenue shall be borne and paid by the said Philadelphia, Baltimore and Washington Railroad Company and the said Baltimore and Ohio Railroad Company, their successors and assigns, in proportion to the widths of their respective land holdings, to the collector of taxes of the District of Columbia for deposit to the credit of the District of Columbia, and the said half cost shall be valid and subsisting liens against the franchises and property of the railroad companies concerned and shall constitute a legal indebtedness against the said railroad companies in favor of the District of Columbia, and said liens may be enforced in the name of the District of Columbia by a bill in equity brought by the said commissioners in the Supreme Court of the District of Columbia, or by any other legal proceeding against the said railroad companies: Provided, That no street-railway company shall use the said viaduct or any approaches thereto herein authorized for its tracks until said companies shall have paid to the collector of taxes of the District of Columbia a sum equal to one-fourth of the total cost of constructing said viaducts and approaches, to be applied to the credit of the District of Columbia. No limitation shall run against claims made by the District of Columbia under the provisions of this act. SEC. 2. That for the purpose of carrying into effect the provisions of this act, the sum of $405,000 is hereby authorized to be appropriated, payable in like manner as other appropriations, for the expenses of the government of the District of Columbia, and the said commissioners are authorized to expend such sum or sums as may be necessary for personal services, engineering, and incidental expenses. The said commissioners are further authorized to acquire, out of the appropriation herein authorized, the necessary land, or any portion of the same, |