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CONGRESS

VACANCY IN BOARD OF REGENTS, SMITHSONIAN

INSTITUTION.

JANUARY 18, 1907.-Referred to the House Calendar and ordered to be printed.

Mr. McCall, from the Committee on the Library, submitted the

following

REPORT.

[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, a 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.

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2d Session.

No. 6439.

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

following

REPORT.

(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,

Attorney-General.
Hon. RicHARD W. PARKER,
Chairman Subcommittee No. 1, Committee on the Judiciary,

House of Representatives.
O

CONGRESS

AGREEMENT BETWEEN THE STATES OF NEW JERSEY

AND DELAWARE.

JANUARY 19, 1907.-Referred to the House Calendar and ordered to be printed.

Mr. PARKER, from the Committee on the Judiciary, submitted the

following

REPORT.

.

[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 forin 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, governor of the State of Delaware, in pursuance of the ma 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,

PRESTON LEA,

Governor. To His Excellency THEODORE ROOSEVELT,

President.

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 submitted 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

Whereas the compact or agreement so framed and submitted is in the words following, that is to say:

COMPACT BETWEEN THE STATE OF NEW JERSEY AND THE STATE OF DELAWARE

RELATING TO THE BOUNDARY CONTROVERSY BETWEEN SAID STATES.

1. Whereas a controversy hath heretofore existed between the States of New Jersey and Delaware relative to the jurisdiction of such portion of the Delaware River as is included within the circle of twelve-mile radius, an arc of which constitutes the northern boundary of the State of Delaware, and it is the mutual desire of said States to so settle and determine such controversy as to prevent future complications arising therefrom; and

Whereas there is now pending in the Supreme Court of the United States a cause wherein the said State of New Jersey is the complainant and the said State of Delaware is the defendant, in which cause an injunction has been issued against the State of Delaware restraining the execution of certain statutes of the State of Delaware relating to fisheries in said river, which said litigation hath been pending for twenty-seven years and upwards; and

Whereas for the purpose of adjusting the differences between the said two States arising out of said conflict of jurisdiction, Edward C. Stokes, Robert H. McCarter, Franklin Murphy, and Chauncey G. Parker have been appointed commissioners on the part of the State of New Jersey by joint resolution of the legislature of said State, and Preston Lea, Robert H. Richards, Herbert H. Ward, and George H. Bates have been appointed commissioners on the part of the State of Delaware by joint resolution of the general assembly of said State, to frame a compact or agreement between the said States and legislation consequent thereon, to be submitted to the legislatures of said two States for action thereon, looking to the amicable termination of said suit between said States now pending in the Supreme Court of the United States, and the final adjustment of all controversies relating to the boundary line between said States, and to their respective rights in the Delaware River and Bay: Now therefore,

The said State of New Jersey, by its commissioners above named, and the said State of Delaware, by its commissioners above named, do hereby make and enter into a compact or agreement between said States as follows:

ARTICLE 1. Criminal process issued under the authority of the State of New Jersey against any person accused of an offence committed upon the soil of said State, or upon the eastern half of said Delaware River, or committed on board of any vessel being under the exclusive jurisdiction of that State, and also civil process issued under the authority of the State of New Jersey against any person domiciled in that State, or against property taken out of that State to evade the laws thereof, may be served upon any portion of the Delaware River between said States from low-water mark on the New Jersey shore to low-water mark on the Delaware shore, except upon Reedy and Pea Patch islands, unless said persons or property shall be on board a vessel aground upon or fastened to the shore the State of Delaware or the shores of said islands, or fastened to a wharf adjoining thereto, or unless such person shall be under arrest or such property shall be under seizure by virtue of process or authority of the State of Delaware.

ARTICLE II. Criminal process issued under the authority of the State of Delaware against any person accused of an offence committed upon the soil of said State, or upon the western half of said Delaware River, or committed on board of any vessel being under the exclusive jurisdiction of that State, and also civil process issued under the authority of the State of Delaware against any person domiciled in that State, or against property taken out of that State to evade the laws thereof, may be served upon any portion of the Delaware River between said States from low-water mark on the Delaware shore to low-water mark on the New Jersey shore, unless said person or property shall be on board a vessel ag ound upon or fastened to the shore of the State of New Jersey, or fastened to a wharf adjoining thereto, or unless such person shall be under arrest or such property shall be under seizure by virtue of process or authority of the State of New Jersey.

ARTICLE III. The inhabitants of the said States of Delaware and New Jersey shall have and enjoy a common right of fishery throughout, in, and over the waters of said river between low-water marks on each side of said river between the said States, except so far as either State may have heretofore granted valid and subsisting private rights of fishery.

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