Company, the highway grade crossing over the tracks and right of way of the said railroad company at Bates Road shall be forever closed against further traffic of any kind, and from and after the completion of the viaduct and approaches 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, the highway grade crossing over the tracks and rights of way of the said railroad companies at Quarlés Street, shall be forever closed against further traffic of any kind]. Approved, March 3, 1927. 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, and which are appended hereto and made a part of this report. The bill shows, in words printed in italics, the changes proposed in the existing law and the matter stricken out in black brackets. COMMISSIONERS OF THE DISTRICT OF COLUMBIA, Washington, May 3, 1930. Hon. ARTHUR Capper, United States Senate, Washington, D. C. MY DEAR SEnator CappER: The Commissioners of the District of Columbia desire to submit the following on Senate bill 4223, Seventy-first Congress, second session, entitled "A bill to amend 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," which you referred to them for consideration and report. Since the item for the construction of a subway in the line of Fern Place under the tracks and right of way of the Baltimore & Ohio Railroad was submitted in the estimates for the expense of the government of the District of Columbia for the fiscal year ending June 30, 1931, further study indicates the desirability of constructing this subway and approaches thereto on a line differing slightly from the line determined upon when the estimates were submitted to the Bureau of the Budget. To make this change, and at the same time provide for a retaining wall at Fern Place, if further study should make it desirable to exclude Fern Place from the subway connection on account of consequential damages to private property, will of necessity increase the cost of the project by $39,000. The commissioners recommend that the following amendments be made to Senate bill 4223: Page 1, line 9, strike out all the language beginning after the word "thereto❞ down to the proviso in line 5 of page 2, and insert in lieu thereof the following: "under the tracks and right of way of the Baltimore and Ohio Railroad Company in the vicinity of the intersection of Fern Place and Piney Branch Road, extended, in the District of Columbia on a line to be determined by the Commissioners of the District of Columbia and in accordance with plans and profiles of said subway and approaches to be approved by the said commissioners." On page 2, line 6, strike out the words "and approaches thereto" and insert, after the word "subway" in line 6, page 2, the words "and thereafter the cost of maintaining the structure within the limits of its right of way." On page 2, line 10, strike out the words "said half cost" and insert the word same. On page 2, line 20, change the amount “$211,000" to "$250,000." On page 3, lines 10, 11, and 12, strike out the words "to carry Fern Street in the District of Columbia under the tracks and right of way of the Baltimore and Ohio Railroad Company." On page 3, line 14, after the word "said" insert "Baltimore and Ohio." Pursuant to the provisions of circulars Nos. 49 and 273 of the Bureau of the Budget, the commissioners submitted a copy of Senate bill 4223 and a copy of the proposed substitute measure embodying the amendments suggested above, to the Director of the Bureau of the Budget for information as to whether or not the proposed legislation is in conflict with the financial program of the President. In reply, the Director of the Bureau of the Budget states that the commissioners' proposed report recommending certain modifications in the bill, S. 4223, would not be in conflict with the financial program of the President. A copy of the director's letter is inclosed. Very sincerely, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, MAY 1, 1930. Hon. L. H. REICHELDERFER, President Board of Commissioners, District of Columbia, Washington, D. C. DEAR MR. REICHELDERFER: I have your letter of April 25, 1930, transmitting copy of S. 4223, to amend the act of March 3, 1927, for the elimination of grade crossings of steam railroads in the District of Columbia, together with a proposed substitute measure, relating to the same subject, that the commissioners intend to transmit to Congress. You are advised that your proposed report recommending certain modifications in the bill would not be in conflict with the financial program of the President. Very truly yours, J. CLAWSON ROOP, Director. O OPERATION AND MAINTENANCE OF BATHING POOLS IN THE DISTRICT OF COLUMBIA MAY 22, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. HALL of Indiana, from the Committee on the District of Columbia, submitted the following REPORT [To accompany S. 4224] The Committee on the District of Columbia, to whom was referred he bill (S. 4224) to provide for the operation and maintenance of bathing pools under the jurisdiction of the Director of Public Buildings and Parks of the National Capital, having considered the same, reports back to the House and recommends that the legislation do pass. The The enactment of this bill is necessary if the public bathing pools of the District are to be available to the people this summer. bill permits the Director of Public Buildings and Public Parks, in his discretion, to operate the pools, which are under his jurisdiction, through the Welfare and Recreational Association of Public Buildings and Grounds, a nonprofit making organization, officered by public officials and serving as the agency for operation of recreational facilities under Government jurisdiction in the District. Under such operation the pools may be made to pay for themselves, through charge of small fees, the profits being used for improvement of the public facilities, or else turned over to the Federal Treasury. This measure has the full approval of the District Commissioners and the Director of Public Buildings and Parks of the National Capital, and their letters, addressed to the chairman of the Senate District Committee, and printed in the Senate report, are appended hereto and made a part of this report. COMMISSIONERS OF THE DISTRICT OF COLUMBIA, Hon. ARTHUR CAPPER, United States Senate, Washington, D. C. SIR: The Commissioners of the District of Columbia have the honor to submit the following on Senate bill 4224, Seventy-first Congress, second session, entitled "A bill to provide for the operation and maintenance of bathing pools under the jurisdiction of the Director of Public Buildings and Parks of the National Capital," which you referred to them for report as to the merits of the bill and the propriety of its passage. The commissioners are in favor of the purpose of this bill and recommend its passage. Very truly yours, L. H. REICHELDERFER, President Board of Commissioners of the District of Columbia. PUBLIC BUILDINGS AND PUBLIC PARKS OF THE NATIONAL CAPITAL, Washington, D. C., April 25, 1930. Hon. ARTHUR Capper, United States Senate, Washington, D. C. MY DEAR SENATOR: In reply to your inquiry, Senate bill 4224 is necessary in order to permit the operation as heretofore, without cost to the Government, of the bathing pools built in compliance with the act approved February 28, 1930. The foregoing act contains a proviso, added by amendment in the House, that "the official conducting any bathing pool or beach is hereby authorized to charge and collect a reasonable fee for the use and enjoyment of such pool or beach, such fees to be paid weekly to the collector of taxes of the District of Columbia for deposit in the Treasury to the credit of the District of Columbia." If this proviso is carried out literally, an appropriation of $45,000 would be necessary in the District appropriation bill for the operation of the pools during the coming season. Moreover, such operation directly by the Government entails so many limitations and delays in managing the business of the pools that I do not believe they can be managed as efficiently or as economically as has been possible in the past under a concession to the Welfare and Recreational Association of Public Buildings and Grounds. As the latter association in nonprofit making, such profits as accrue being used on the enlargement and improvement of the recreational facilities or turned over to the Government, and as its funds are handled in a special fund in the Treasury, it was thought that this method of operating the pools sufficiently complied with the basic law, and certainly fully carries out the intention of that law. However, the General Accounting Office has felt that some explicit recognition of the situation by Congress is necessary. Such legislation was suggested as a proviso for the District of Columbia appropriation bill, and approved by the Budget and the General Accounting Office. However, its omission from the appropriation bill, apparently on the theory that it was legislation, and the omission of any appropriation to operate the pools this season will result in their not being open to the public at all unless Senate bill 4224 is approved. Very respectfully, U. S. GRANT 3D, Director. TO AUTHORIZE THE ACQUISITION OF LAND IN MONTGOMERY COUNTY, ALA. May 22, 1930.—Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. HILL of Alabama, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 7638] The Committee on Military Affairs, to whom was referred the bill (H. R. 7638) to authorize the acquisition for military purposes of land in the county of Montgomery, State of Alabama, for use as an addition to Maxwell Field, having carefully considered same, report thereon with recommendation that it do pass with the following amendment: Strike out all after the enacting clause and insert the following in lieu thereof: That a sum not to exceed $200,000 is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated for the purchase of land in the vicinity of and for use in connection with the present military reservation at Maxwell Field, Alabama, and the Secretary of War is hereby authorized to make said purchase. SEC. 2. In the event the Secretary of War can not purchase such land or any tract or parcel thereof at a fair and reasonable price the Secretary of War is authorized to request condemnation proceedings to acquire such land or any tract or parcel thereof and upon such request the Attorney General shall institute such proceedings. The amendment is to meet the recommendation of the War Department and the Bureau of the Budget that the appropriation be not to exceed $200,000 and to eliminate from the bill the authority to accept some $80,000 worth of land which was donated to the War Department by the city of Montgomery, Ala., the acceptance of which land has been authorized in a separate bill which has become law since the introduction of the present bill, H. R. 7638. About two years ago the War Department, realizing that it had to find a suitable home for the attack wing of the Air Corps of the Army and also a suitable home for the Tactical School of the Air Corps of the Army, these two units of the Air Corps being built up and developed under the 5-year Air Corps program, appointed a board composed |