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59TH CONGRESS, HOUSE OF REPRESENTATIVES. S 2d Session.

COUNCIL CITY AND SOLOMON RIVER RAILROAD IN ALASKA.

FEBRUARY 1, 1907.-Referred to the House Calendar and ordered to be printed.

Mr. HIGGINS, from the Committee on the Territories, submitted the following

REPORT.

[To accompany H. R. 23720.]

The Committee on the Territories, to whom was referred the bill (H. R. 23720) to aid the Council City and Solomon River Railroad Company, having had the same under consideration report it back to the House with the recommendation that it do pass.

The Council City and Solomon River Railroad starts on Bering Sea at a point near Nome, Seward Peninsula, and its inland terminus is to be Council City, a distance of 52 miles from the coast. Thirtyfour miles of the road is now completed.

The great need of Alaska is transportation. Railroads are built in any part of Alaska with great difficulty, because of the great expense of construction and shortness of the season during which work can be done; and the difficulties are greatly increased in the Seward Peninsula, where the seasons are extremely short and great physical difficulties are presented.

The general law (act of May 14, 1898) governing the location and construction of railroads in Alaska prescribes certain limits of time within which preliminary and permanent surveys must be filed and the work of completing certain sections of road must be done.

The law also imposes a license tax of $100 on each mile of completed road.

Your committee believes that where a company is proceeding in good faith to construct a railroad in Alaska, and particularly where such company has asked no other aid from the Government, the Government should be lenient in the matter of the extension of the time within which surveys must be filed and sections of road be completed, and that such a road should not be called upon to bear the additional burden of the license tax during the period of construction.

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e, counsel for the company, subne need for the proposed legislation, art hereof.

SED ACT TO AID COUNCIL CITY AND SOLOMON RIVER RAILROAD

COMPANY.

procent in sextions 4 and 5 of the act entitled "An act extending the homestead Grand Splon River Railroad to complete its first section of 20 miles as BY 82 80 ps at the last session of Congress the time of the Council and for other purposes," approved May 14, 1898, and its time for filing its us and providing for the right of way for railroads in the district of Alaska, first map and profile of definite location of such first 20 miles was extended to the 31st day of December, 1906, and its time to thereafter complete its

30 miles as

provided in said act was extended to December 31, 1909, but by

Such extension it was provided that it should be extended as laid down in the homestead act, which would require a completion of 20 additional miles railroad has constructed 34 miles, but in order to construct this 34 miles it was during the coming season and the last 10 miles the season thereafter. The obliged during the past season to sell the balance of the material which it had to enable it to procure funds to complete the 34 miles, and while it intends to on hand in Alaska for the completion of the other part of its 50 miles in order provide for funds for the completion of its entire road to Council City, it is quite issue a new bond issue to take up its present bond issue of $350,000 and to problematical whether it will be able to do any work next season, and it is therefore greatly desired that the time for it to complete its road be extended to December 31, 1909, which time it now has, in an unhampered way and without being compelled to complete it in sections of 20 miles each year as the law provides.

In other words, it desires to be allowed to operate its present finished road if necessary during the next season and perhaps the season after that, when it expects to be in funds to complete the other 16 miles.

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Session.

No. 7115.

'OUS, MALT, VINOUS, AND INTOXICATING LIQUORS L KINDS, IN INTERSTATE COMMERCE, ETC.

FEBRUARY 1, 1907.-Referred to he House Calendar and ordered to be printed.

Mr. BRANTLEY, from the Committee on the Judiciary, submitted the following

REPORT.

[To accompany H. R. 16479.]

The Committee on the Judiciary, to whom was referred H. R. 16479, which reads as follows:

A BILL To make spirituous, malt, vinous, and intoxicating liquors of all kinds, in interstate commerce, a special class in such commerce, and to regulate in certain cases the transportation and sale thereof.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That spirituous, malt, vinous, and intoxicating liquors of all kinds, when a part of interstate commerce, shall be a special class in such commerce, and the transportation and sale thereof shall be specially subject to the control and direction of Congress, and that any railroad company, express company, or other common carrier, or other person who shall, in connection with the transportation of spirituous, vinous, malt, and intoxicating liquors of all kinds from one State or Territory into another State or Territory, collect on, before, or after delivery, from the consignee or other person, the purchase price, or any part thereof of such liquors, or who shall in any manner act as the agent of the consignor or seller of such liquors for the purpose of selling or completing the sale thereof, saving only in the actual transportation and delivery of the same, shall be subject in so doing to all the police powers of the State or Territory into which such liquors are transported and delivered, and for this purpose in all cases of the sale of spirituous, vinous, malt, and intoxicating liquors of all kinds, in interstate commerce, where the same is sold "Collect on delivery," the place of delivery shall be deemed and held the place of sale.

Having had the same under consideration, recommend that same be amended by striking therefrom all of lines 3, 4, 5, and 6, and the words "of Congress and" in the seventh line, so that said bill as amended will read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any railroad company, express company, or other common carrier, or other person who shall, in connection with the transportation of spirituous, vinous, malt, and intoxicating liquors of all kinds from one State or Territory into another State or Territory, collect on, before or after delivery, from the consignee or other person, the purchase price, or any part thereof, of such liquors, or who shall in any manner act as the agent of the consignor or seller of such liquors for the purpose of selling or completing the sale thereof, saving only in the actual transportation and

HR-59-2-Vol 1-46

The Council City and Solomon River Railroad has completed two-thirds of its line and is evidently doing the best it can under great difficulties to build a railroad and supply a great need in the Seward Peninsula. The bill proposes merely a short extension of the time within which surveys must be filed and the road completed. The same road was relieved of license tax in the last session of Congress.

The statement of A. C. Shenstone, counsel for the company, submitted to the committee to show the need for the proposed legislation, is appended to and made a part hereof.

ARGUMENT FOR PROPOSED ACT TO AID COUNCIL CITY AND SOLOMON RIVER RAILROAD COMPANY.

By an act passed at the last session of Congress the time of the Council City and Solomon River Railroad to complete its first section of 20 miles as provided in sections 4 and 5 of the act entitled “An act extending the homestead laws and providing for the right of way for railroads in the district of Alaska, and for other purposes," approved May 14, 1898, and its time for filing its first map and profile of definite location of such first 20 miles was extended to the 31st day of December, 1906, and its time to thereafter complete its 30 miles, as provided in said act was extended to December 31, 1909, but by such extension it was provided that it should be extended as laid down in the homestead act, which would require a completion of 20 additional miles during the coming season and the last 10 miles the season thereafter. The railroad has constructed 34 miles, but in order to construct this 34 miles it was obliged during the past season to sell the balance of the material which it had on hand in Alaska for the completion of the other part of its 50 miles in order to enable it to procure funds to complete the 34 miles, and while it intends to issue a new bond issue to take up its present bond issue of $350,000 and to provide for funds for the completion of its entire road to Council City, it is quite problematical whether it will be able to do any work next season, and it is therefore greatly desired that the time for it to complete its road be extended to December 31, 1909, which time it now has, in an unhampered way and without being compelled to complete it in sections of 20 miles each year as the law provides.

In other words, it desires to be allowed to operate its present finished road if necessary during the next season and perhaps the season after that, when it expects to be in funds to complete the other 16 miles.

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CONGRESS,

CONGRESS,

TO MAKE SPIRITUOUS, MALT, VINOUS, AND INTOXICATING LIQUORS OF ALL KINDS, IN INTERSTATE COMMERCE, ETC.

FEBRUARY 1, 1907.-Referred to he House Calendar and ordered to be printed.

Mr. BRANTLEY, from the Committee on the Judiciary, submitted the following

REPORT.

[To accompany H. R. 16479.]

The Committee on the Judiciary, to whom was referred H. R. 16479, which reads as follows:

A BILL To make spirituous, malt, vinous, and intoxicating liquors of all kinds, in interstate commerce, a special class in such commerce, and to regulate in certain cases the transportation and sale thereof.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That spirituous, malt, vinous, and intoxicating liquors of all kinds, when a part of interstate commerce, shall be a special class in such commerce, and the transportation and sale thereof shall be specially subject to the control and direction of Congress, and that any railroad company, express company, or other common carrier, or other person who shall, in connection with the transportation of spirituous, vinous, malt, and intoxicating liquors of all kinds from one State or Territory into another State or Territory, collect on, before, or after delivery, from the consignee or other person, the purchase price, or any part thereof of such liquors, or who shall in any manner act as the agent of the consignor or seller of such liquors for the purpose of selling or completing the sale thereof, saving only in the actual transportation and delivery of the same, shall be subject in so doing to all the police powers of the State or Territory into which such liquors are transported and delivered, and for this purpose in all cases of the sale of spirituous, vinous, malt, and intoxicating liquors of all kinds, in interstate commerce, where the same is sold "Collect on delivery," the place of delivery shall be deemed and held the place of sale.

Having had the same under consideration, recommend that same be amended by striking therefrom all of lines 3, 4, 5, and 6, and the words "of Congress and" in the seventh line, so that said bill as amended will read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any railroad company, express company, or other common carrier, or other person who shall, in connection with the transportation of spirituous, vinous, malt, and intoxicating liquors of all kinds from one Ŝtate or Territory into another State or Territory, collect on, before or after delivery, from the consignee or other person, the purchase price, or any part thereof, of such liquors, or who shall in any manner act as the agent of the consignor or seller of such liquors for the purpose of selling or completing the sale thereof, saving only in the actual transportation and

H R-59-2-Vol 1-46

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