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CONVEYING A STRIP OF GROUND FOR SCHOOL PURPOSES, ST. AUGUSTINE, FLA.

JANUARY 28, 1907.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. YOUNG, from the Committee on Military Affairs, submitted the following

REPORT.

[To accompany S. 1726.]

The Committee on Military Affairs, to whom was referred the bill S. 1726, after duly considering the proposed legislation, recommend that all after the enacting clause in said bill be stricken out and the following inserted in lieu thereof:

That the Secretary of War, upon the condition that the board of public instruction of Saint Johns County, Florida, shall lay a suitable drain from a point on Fort Marion Reservation near the city gates to the Matanzas River, said drain to be approved by the Chief of Engineers and the work to be executed under the supervision of the local engineer, be, and he is hereby, authorized to deed to the city board of public instruction and its successors in office so much of the following-described piece or strip of Government land of the city of Saint Augustine, Florida, bounded by lines as follows:

Commencing at a point north sixty-three degrees nine minutes west one hundred and thirty-two and eighty-six hundredths feet from a stone monument on the boundary line of Fort Marion Reservation, distant twenty and eightythree hundredths feet east of the city gates and on the production eastward of a line following the north face of said gates, running thence south eighty-two degrees twenty-nine minutes west two thousand three hundred and ninetythree and forty-nine hundredths feet, more or less, to a point north seven degrees thirty-one minutes west one hundred and twenty-one feet from the intersection of the south boundary line of the United States Reservation known as "The Lines" with the west boundary of Malaga street; thence south seven degrees thirty-one minutes east seventy-five feet; thence north eighty-two degrees twenty-nine minutes east two thousand three hundred and ninety-three and forty-nine hundredths feet, more or less; thence north seven degrees thirtyone minutes west seventy-five feet to the point of commencement (courses magnetic, variation two degrees thirty minutes east), as the said Secretary of War may deem sufficient for school purposes: Provided, That said deed shall

contain a clause to the effect that whenever said property, or any portion thereof, ceases to be used for school purposes so much of the same as is not so used shall revert to and become the property of the United States.

The report made in the Senate is hereto attached and made a part of this report.

[Senate Report No. 1204, Fifty-ninth Congress, second session.]

The Committee on Public Lands, to whom was referred the bill (S. 1726) making provision for conveying in fee the piece or strip of ground in St. Augustine, Fla., known as "The Lines," for school purposes, having had the same under advisement, beg leave to report it back with the recommendation that the bill do pass.

The committee, upon due consideration, find that a bill identical with S. 1726 was favorably reported from the Committee on Military Affairs of the Senate in the third session of the Fifty-eighth Congress and passed the Senate. The report of the Military Affairs Committee, referred to, fully explains the purport of the proposed legislation and is appended hereto and adopted as the report of the committee, as follows:

The Committee on Military Affairs, to whom was referred Senate bill 3478, having had same under consideration, submit a report recommending the passage of said bill with the following amendment:

Strike out all after the word "Florida," in line 4, and insert the following: "Bounded by lines as follows: Commencing at a point north sixty-three degrees nine minutes west one hundred and thirty-two and eighty-six hundredths feet from a stone monument on the boundary line of Fort Marion Reservation, distant twenty and eighty-three hundredths feet east of the city gates, and on the production eastward of a line following the north face of said gates, running thence south eighty-two degrees twenty-nine minutes west two thousand three hundred and ninety-three and forty-nine hundredths feet, more or less, to a point north seven degrees thirty-one minutes west one hundred and twenty-one feet from the intersection of the south boundary line of the United States reservation known as "The Lines," with the west boundary of Malaga street; thence south seven degrees thirty-one minutes east seventy-five feet; thence north eighty-two degrees twenty-nine minutes east two thousand three hundred and ninety-three and forty-nine hundredths feet, more or less; thence north seven degrees thirty-one minutes west seventy-five feet to the point of commencement (courses magnetic, variation two degrees thirty minutes east); also all that portion of the said The Lines from Malaga street west to the San Sebastian River be, and the same is hereby, vested in the board of public instruction of Saint Johns County, Florida, and its successors in office forever, on condition that the said board of public instruction of Saint Johns County, Florida, lay a suitable drain from a point on Fort Marion Reservation, near the city gates, to the Matanzas River; said drain to be approved by the Chief of Engineers and the work to be executed under the supervision of the local engineer officer; and the said board of public instruction of Saint Johns County, Florida, is hereby authorized to sell and convey so much of the western portion of said strip of ground as will enable said board to reclaim the eastern portion thereof to make said eastern portion available for the erection thereon of a public school building and to provide commodious playgrounds in connection with said school."

The strip of ground referred to in the bill is known by the people of St. Augus tine as the "Moat" and by the War Department as the "Lines." It is about 121 feet wide, paralleling Orange street, which occupies a part of the Lines, and running from the city gates westward to the San Sebastian River. It was used by the Spaniards as a part of the defensive system of Fort Marion for the protection of the city, the plan being to flood the Moat to prevent easy attack by enemies. It has never been used by the United States Government for any purpose, is not connected directly with Fort Marion or the grounds thereof, except as a ditch or canal, now above normal tides, from the eastern part of the peninsula, upon which the city of St. Augustine is built, to the San Sebastian River, which marks the western boundary of the peninsula. The Moat proper has gradually filled, but is still below the level of the city as well as unsightly.

The board of public instruction of St. John County, being without the means and having no available property upon which to erect a high school building. wishes the title of the Moat conveyed to them and their successors in fee, and

the purpose of the bill referred to is to effect the transfer and to enable the board of public instruction to erect a suitable building.

The matter of the conveyance of the Moat, as provided in the bill, was referred by the Committee on Military Affairs to the Secretary of War and by him to the Chief of Engineers, who, in reporting upon it to Lieutenant-General Chaffee, Chief of Staff of the United States Army, under date of February 13, 1904, said: "I have the honor to submit herewith S. 3478, Fifty-eighth Congress, second session, a bill making provision for conveying in fee the piece or strip of ground in St. Augustine, Fla., known as the 'Moat,' for school purposes, which was referred by the Senate Committee on Military Affairs to the Secretary of War with request for information relative to the measure.

"The bill was referred to Capt. Francis R. Shunk, Corps of Engineers, the officer in charge of engineering work in that locality, and a copy of his report thereon, dated the 6th instant, is inclosed.

"The Government land referred to in the bill as the 'Moat' is known as the 'Lines.' It is a strip of land 121 feet wide extending from the Fort Marion Military Reservation to San Sebastian River, and it lies to the east as well as to the west of the city gates.

In early times "The Lines" constituted a portion of the defensive system of the city of St. Augustine, being the site of a series of detached redoubts and a wet ditch or moat. At present the ditch is used for draining the western slope of the Fort Marion Reservation. The strip of land has no military value from a defensive point of view, and, so far as the public interests committed to the charge of the engineer department are concerned, the retention of the land by the Government is not a necessity, provided the drainage for the military reservation be not interfered with and that means of access to and egress from the reservation through said strip of land be maintained as at present existing. The enactment into law of the bill in its present shape, however, would cause serious embarrassment to the city of St. Augustine, as the southern portion of "The Lines," for a width of some 45 feet, as shown on a blueprint herewith from a map of a portion of St. Augustine, Fla., drawn under the direction of Capt. W. M. Black, Corps of Engineers, U. S. Army, in May, 1901, has been for many years-about a century, it is alleged-used as a public highway, which is known as Orange street; also, all intersecting streets between the Fort Marion Reservation and San Sebastian River depend entirely upon this portion of "The Lines" for an outlet on the north. Under date of May 23, 1891, the Secretary of War, upon the petition of the city council of the city of St. Augustine, granted permission for the paving of that portion of the Government land used and known as Orange street. In view of the facts herein set forth, it is thought that no rights or interest in the land comprised within "The Lines" which would interfere with its occupation and use by the city of St. Augustine as a public highway. should be granted by the United States.

Again, it is understood that gas pipes and sewer pipes have been laid through this strip of Government land, under licenses given by the Secretary of War. If, in view of the facts herein set forth, Congress should, nevertheless, deem it expedient to donate a portion of the Government land to the board of public instruction of St. Johns County, Fla., it is recommended that the draft of a bill submitted by Captain Shunk, and herewith inclosed, be substituted for Senate bill 3478. The land as described in this amended form of bill is shown on the map accompanying Captain Shunk's report.

It is further recommended that before final action is taken in the matter by the Department the bill be referred to the commanding general of the Atlantic Division for his views regarding the measure.

The bill was accordingly referred to the commanding general, who indorsed the report of the Chief of Engineers as follows:

"The objections to the conveyance of the Moat,' St. Augustine, Fla., as proposed by Senate bill 3478, Fifty-eighth Congress, second session, are fully set forth herein by the Chief of Engineers, United States Army, and the accompanying report of Capt. F. R. Shunk, Corps of Engineers.

"But I see no reason to object to the conveyance as proposed in the amended form of bill prepared by Captain Shunk, and recommend it as so prepared.”

Accordingly the amended form of bill as prepared by Captain Shunk was adopted by your committee, with one exception, viz, that the bill now intends to convey to the board of public instruction of St. John County that small portion of the "Lines" west of Malaga street and lying between said street and the San Sebastian River.

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Captain Shunk objected to this conveyance for the following reasons: "By act of Congress approved July 11, 1890, the Jacksonville, St. Augustine and Halifax Railway Company was granted a right of way across the Lines' for the construction, maintenance, and use thereon of one or more tracks or sidings as might be approved by the Secretary of War. It was likewise provided in the act that the right of way should not exceed 100 feet in width and should be subject to any change, revocation, or removal, at the expense of the railway company, as might be prescribed by the Secretary of War. This railroad has been absorbed by the Florida East Coast Railway Company. From the terms of this act it would seem that the right of way would determine and cease should the reservation cease to be Government property. In this case the parties to whom the reservation was transferred might ask a high price for the land occupied by the railroad. It would seem proper, therefore, to except this land from the transfer. I would recommend the exception from transfer to the school board of all that portion of the reservation lying west of Malaga street.”

Your committee did not accept this suggestion of Captain Shunk although in all other respects the bill is drawn in conformity with suggestions made by him. The exception in this respect was made upon the written consent of the vice president and general manager of the Florida East Coast Railway Company that the portion of the lines lying west of Malaga street be also conveyed to the board of public instruction of St. John County.

Your committee quote the following from a letter from Mr. J. R. Parrott. vice-president and general manager of the railroad, to Senator James P. Taliaferro under date of January 9, 1905:

"I would suggest that instead of excepting that part of the Moat lying west of Malaga street, that the bill should be allowed to convey that portion to the school board, for we can, by an understanding with the school board, protect ourselves in this matter and save further consideration by the Government at a later time for our use and benefit."

The letter of Mr. Parrott referred to is submitted herewith as a part of this report.

Your committee therefore recommend that the bill as amended do pass, and that the title be amended to read as follows: "A bill making provision for conveying in fee the piece or strip in St. Augustine, Fla., known as 'The Lines,' for school purposes."

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