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TO RATIFY CERTAIN LEASES WITH THE SENECA NATION OF INDIANS

JUNE 11, 1930.-Referred to the House Calendar and ordered to be printed

Mr. COOKE, from the Committee on Indian Affairs, submitted the

following

REPORT

[To accompany H. R. 11203]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 11203) to ratify certain leases with the Seneca Nation of Indians, having considered the same, report thereon with a recommendation that it do pass without amendment.

These two leases cover 32 acres of land and one right of way to and from said land. The 32 acres of land were leased from the Seneca Nation by the town of Brandt, for the purpose of providing for the town and the Seneca Nation a public recreation ground on Lake Erie. All improvements, amounting to about $20,000, have been made by the town at its own expense. No profit is derived from the operation of this park, and the town, merely because of the investments already made in the park, ask ratification of the leases heretofore entered into between the town and the Seneca Band of Indians. The bill has the approval of the Secretary of the Interior and the Commissioner of Indian Affairs, and the letter of transmittal of the Secretary, together with the favorable memorandum from the commissioner, follow:

Hon. SCOTT LEAVITT,

DEPARTMENT OF THE INTERIOR,
Washington, June 9, 1930.

Chairman Committee on Indian Affairs,

House of Representatives.

MY DEAR MR. CHAIRMAN: With further reference to your request of May 31 for a report on H. R. 11203, which would ratify certain leases with the Seneca Nation of Indians, there is transmitted herewith a memorandum from the Commissioner of Indian Affairs. After a review of the proposed measure, I see no objection to its enactment.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, June 5, 1980.

Memorandum for the Secretary.

The accompanying letter, dated May 31, 1930, from Hon. Scott Leavitt, chairman Committee on Indian Affairs, House of Representatives, transmittea for a report a copy of H. R. 11203, a bill to ratify certain leases with the Seneca Nation of Indians.

As shown by the bill, the two leases are dated March 26, 1917, and June 22, 1923. No copy of either of the leases is in the file but it appears that one lease is for the purpose of establishing a park for the use of the town of Brant, and the other is for a right of way.

The State of New York has heretofore exercised sovereignty and jurisdiction over these Indians while the Department of the Interior to a large extent has not, due to the very limited authority conferred upon such department by the Congress of the United States. Most of the leases heretofore made between these Indians and individuals have been ratified by the Congress of the United States, and as the authority of Congress has been invoked in this case we see no objection to the passage of H. R. 11203. C. J. RHOADS, Commissioner.

O

H. W. BENNETT

June 11, 1930.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. CRAIL, from the Committee on Foreign Affairs, submitted the

following

REPORT

[To accompany H. R. 9702]

The Committee on Foreign Affairs, to whom was referred the bill (H. R. 9702) authorizing the payment of an indemnity to the British Government on account of losses sustained by H. W. Bennett, a British subject, in connection with the rescue of survivors of the U. S. S. Cherokee, having had the same under consideration, reports thereon with the recommendation that the bill do pass without amendment.

The Committee on Foreign Affairs believes this claim to be meritorious and, since it has been pending for a long time and is for the small amount of $253.50, it is urged that an appropriation for its payment be authorized at this session of Congress.

The passage of this bill is recommended by the President in his message to Congress of January 31, 1930, as follows:

To the Congress of the United States:

I inclose a report received from the Secretary of State requesting the submission anew to the present Congress of the claim presented by the Government of Great Britain on behalf of Mr. H. W. Bennett, a British subject, against the United States for reimbursement on account of losses sustained in connection with the rescue of survivors of the U. S. S. Cherokee, in February, 1919.

I concur in the recommendation made by the Secretary of State and recommend that, as an act of grace and without reference to the question of the legal liability of the United States in the matter, the Congress authorize an appropriation in the sum of $253.50 in order to effect a settlement of this claim.

THE WHITE HOUSE,
January 31, 1930.

HERBERT HOOVER.

The PRESIDENT:

I have the honor to submit, with a view to its transmission to Congress, the following report and recommendation concerning the claim of Mr. H. W. Bennett, a British subject, against the United States for reimbursement on account of losses sustained in connection with the rescue of the survivors of the U. S. S. Cherokee, in February, 1919.

The claim arose under the following circumstances:

On February 26, 1919, the U. S. S. Cherokee, a naval patrol boat, foundered in a gale and heavy seas at the mouth of the Delaware Bay, about 30 miles off Cape Henlopen. The tank steamship British Admiral, which was in the vicinity, proceeded to the assistance of the survivors of the Cherokee and found 11 of the crew lashed to a raft. These men were taken aboard the British Admiral and rushed to the Philadelphia Navy Yard.

Henry William Bennett was the first officer of the British Admiral and while taking part in launching a life boat from his vessel, to go to the aid of the Cherokee's crew, he was thrown into the water and dashed against the lifeboat, as a result of which he was quite seriously injured. In addition he furnished clothing and other effects from his personal belongings for the comfort of the survivors.

Mr. Bennett submitted a claim to the Navy Department for compensation for the injuries sustained by him at this time, for time lost due to these injuries, and for reimbursement for the value of the wearing apparel furnished to the survivors. In addition his claim included reimbursement for his watch, which was rendered worthless by the salt water. He claims that he was incapacitated for a period of about two months as a result of his injury.

The clothing and other articles furnished by him to the sruvivors of the Cherokee consisted of 1 uniform coat, 2 pair trousers, 2 flannel shirts, 6 pair woolen socks, 3 pair boots, 1 pair slippers.

The other articles of personal property covered by his claim are as follows: 1 bridge coat, 1 uniform suit, 1 badge cap, 1 pair leather sea boots, 1 pair fur gauntlets, 1 gold watch.

None of the property furnished to the survivors of the Cherokee was returned to him, and therefore it became necessary to purchase a new outfit. In its original action on this claim the Navy Department determined that claimant was justly entitled to be reimbursed in the total sum of $253.50.

In March, 1926, the Navy Department submitted a proposed draft of a bill to the chairman of the Committee on Naval Affairs, United States Senate, and recommended that an appropriation be made in the sum of $253.50 to reimburse Mr. Bennett for the cost of clothing and other personal effects which were furnished by him to the survivors or were lost in connection with the rescue of persons on board the U. S. S. Cherokee, and the cost of medical services made necessary as a result of injuries sustained by him at that time. On January 4, 1928, bill S. 2017, containing similar provisions, was introduced in the Senate by Senator Hale, but it was not passed before the Seventieth Congress adjourned. The Secretary of the Navy in a letter dated December 18, 1929, suggested to me that, in view of the fact that the claim of Mr. Bennett is one of the subject of a foreign country, the State Department should recommend legislation providing an appropriation in the sum of $253.50 for payment to Mr. Bennett.

I believe that the claim is meritorious and should be paid and I recommend that it be brought to the attention of the Congress with a recommendation that the necessary legislation be enacted authorizing an appropriation of the abovementioned sum.

Respectfully submitted.

J. P. COTTON, Acting Secretary of State.

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JUNE 11, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. Wood, from the Committee on Appropriations, submitted the following

REPORT

[To accompany H. R. 12902]

The Committee on Appropriations, in presenting the accompanying bill making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1930, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1930, and June 30, 1931, and for other purposes, submit the following report thereon:

The estimates upon which this bill is based were submitted in Budget recommendations contained in the following House Documents of the present Congress: Nos. 265-292, 323, 327, 330, 335-337, 344, 345, 349, 353, 358, 362-368, 373, 375, 376, 378, 379-395, 397-399, 401, 402, 406-409, 411-415, 417-427, 431, 433-435, 437-444 and 448-453, aggregating in all $69,066,523.47.

The amount recommended to be appropriated in the bill totals $66,199,384.05, which sum is $2,867,139.42 less than the amount of the Budget estimates.

While the bill contains numerous items distributed among the departments and establishments of the Government, a very large proportion of the total amount is caused by the inclusion of the fourth

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