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WAR DEPARTMENT, January 16, 1907. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives, inviting attention to the foregoing report of the Chief of Engineers United States Army.
ROBERT SHAW OLIVER, Assistant Secretary of War.
VACANCY IN BOARD OF REGENTS, SMITHSONIAN
JANUARY 18, 1907.—Referred to the House Calendar and ordered to be printed.
Mr. McCall, from the Committee on the Library, submitted the
[To accompany H. J. Res. No. 221.]
The Committee on the Library, to whom was referred the joint resolution (H. J. Res. No. 221) to fill a vacancy in the Board of Regents of the Smithsonian Institution, submit the following report:
The purpose of the resolution is to reappoint George Gray, of Delaware, à member of the Board of Regents of the Smithsonian Institution, his term having expired January 14, 1907. It is desirable that the appointment be made before next Wednesday, the 23d instant.
The committee recommend that the resolution do pass.
PHELPS COUNTY, MO.
JANUARY 18, 1907.-Referred to the House Calendar and ordered to be printed.
Mr. PARKER, from the Committee on the Judiciary, submitted the
[To accompany H. R. 24104.)
The Committee on the Judiciary, to whom was referred the bill (H. R. 24104) transferring Phelps County to the eastern division of the eastern judicial district of Missouri, having considered the same report it back to the House with the recommendation that it do pass with amendment as follows:
Strike out sections 2 and 3. Phelps County is conveniently connected by rail with St. Louis, where court is held in the division to which it is transferred, and much nearer by rail than to Jefferson City, where its people now have to go. There is little United States business in the county to embarrass any judge by the change.
The bill is recommended by the Attorney-General.
Section 2 enacting that Phelps County attorneys shall be by statute attorneys in the eastern district is a matter for the discretion of the judge of that district and the rules of his court. Section 3, that the act take effect immediately is not necessary. We recommend passage of the bill as amended.
DEPARTMENT OF JUSTICE,
Washington, January 17, 1907. SIR: This Department is in receipt of your letter, dated the 16th instant, in. closing H. R. 24104, entitled "A bill transferring Phelps County to the eastern division of the eastern district of Missouri."
In reply thereto, you are advised that I know of no reason why said bill should not become law, although Phelps County is much nearer to Jefferson City, which is a place of holding court in the western district of Missouri, than to St. Louis, by private conveyance, because said county is much nearer to St. Louis than to Jefferson City by the usual routes of travel, namely, by railroad. The transfer will be of convenience to litigants and their attorneys residing in said county, and will probably result in the saving of expense to the United States. Respectfully,
CHARLES J. BONAPARTE,
House of Representatives.
59TH CONGRESS, | HOUSE OF REPRESENTATIVES.S REPORT 2d Session.
AGREEMENT BETWEEN THE STATES OF NEW JERSEY
JANUARY 19, 1907.-- Referred to the House Calendar and ordered to be printed.
Mr. Parker, from the Committee on the Judiciary, submitted the
[To accompany S. 4975.)
The Committee on the Judiciary, to whom was referred the act (S. 4975) entitled “An act giving the consent of Congress to an agreement or compact entered into between the State of New Jersey and the State of Delaware respecting the territorial limits and jurisdiction of said States," after consideration of the same do report said act favorably and recommend that the same do pass without amendment.
The act states said agreement dated March 21, 1905. It recites a controversy as to part of the Delaware River, the desire to settle the same, a suit in the Supreme Court pending, the appointment of commissioners, and agrees as to criminal jurisdiction and process, fishery, a commission to draft fishing laws and monument the boundary between the river and bay, etc. It then continues:
ARTICLE IV. This agreement shall be executed by the said commissioners when authorized to do so by the legislatures of the said States. It shall thereupon be submitted to Congress for its consent and approval. Upon the ratification thereof by Congress it shall be and become binding in perpetuity upon both of said States; and thereupon the suit now pending in the Supreme Court of the United States, in which the State of New Jersey is complainant and the State of Delaware is defendant, shall be discontinued without costs to either party and without prejudice. Pending the ratification hereof by Congress said suit shall remain in statu quo.
The agreement was ratified by Delaware March 20, 1905 (H. Doc. No. 43),
and by New Jersey March 21, 1905 (S. Doc. No. 260), and executed by the commissioners, and the acts of the legislatures ordered that certified copies be transmitted to Congress for its action thereon.
The Senate act passed by them is that the consent of the United States is hereby given to said agreement and every part and parcel thereof, provided that nothing therein contained shall be construed to impair or in any manner affect any right or jurisdiction of the United States in and over the islands or waters which form the subject of the said agreement.
We recommend that this act pass the House, adding as an appendix a copy of the documents referred to.
(House Document No. 43, Fifty-ninth Congress, first session.]
To the Senate and House of Representatives:
I transmit herewith, for action by the Congress thereon, a certified copy of an act passed by the general assembly of the State of Delaware entitled "An act to ratify and confirm a compact or agreement between the States of New Jersey and Delaware respecting the Delaware River and Bay and to authorize the execution thereof,” which was submitted to me by Hon. Preston Lea, gov. ernor of the State of Delaware, in pursuance of the mandate of the law.
THEODORE ROOSEVELT. THE WHITE HOUSE, December 5, 1905.
STATE OF DELAWARE, EXECUTIVE DEPARTMENT,
Dover, Del., November 9, 1905. DEAR SIR: Pursuant to the mandate of the law I have the honor of transmitting to you a certified copy of an act entitled "An act to ratify and confirm a compact or agreement between the States of New Jersey and Delaware respecting the Delaware River and Bay and to authorize the execution thereof," and respectfully request that said act be communicated to Congress for its action thereon. Respectfully, yours,
Governor. To His Excellency THEODORE ROOSEVELT,
AN ACT to ratify and confirm a compact or agreement between the States of New Jersey
and Delaware respecting the Delaware River and Bay and to authorize the execution thereof.
Whereas by joint resolution of the legislature of the State of New Jersey, approved February 14th, 1905, Edward C. Stokes, governor, Robert H. McCarter, attorney-general, Franklin Murphy, and Chauncey G. Parker were appointed and constituted commissioners of the State of New Jersey to confer with like commissioners representing the State of Delaware for the purpose of framing a compact or agreement between the said States and legislation thereon, to be subinitted to the legislatures of the said two States for action thereon, looking to the amicable termination of the suit between said two States now pending in the Supreme Court of the United States and the final adjustment of all coutroversies relating to the boundary line between said States and to their respective rights in the Delaware River and Bay; and
Whereas by like joint resolution of the general assembly of the State of Delaware, approved February 13, 1895, Preston Lea, governor; Robert H. Richards, attorney-general; Herbert H. Ward, and George H. Bates were appointed to represent the said State as commissioners to confer with the commissioners of the State of New Jersey, for the purpose before recited ; and
Whereas the commissioners of the said two States, having duly conferred as directed by said resolutions, have framed and submitted to this general assembly a proposed compact or agreement between the said States; and