Report of the War Department on S. 975, dated January 19, 1937, follows: JANUARY 19, 1937. Hon. MORRIS SHEPPARD, Chairman, Committee on Military Affairs, United States Senate. DEAR SENATor Sheppard: There is enclosed the draft of a bill to amend the act of February 7, 1913, so as to remove restrictions as to the use of the Little Rock Confederate Cemetery, and for other purposes, which the War Department presents for the consideration of the Congress with a view to its enactment into law. Existing laws which will be affected are as follows: The act of February 7, 1913 (37 Stat. 663), authorizing the Secretary of War to accept a conveyance to the United States of the Confederate Cemetery in Little Rock, Ark., and restricting its use for the burial of men who served in the military or naval service of the Confederate States of America only. Revised Statutes 4878, as amended by the act of April 15, 1920 (41 Stat. 532; U. S. C. 24; 281), and the act of June 13, 1935 (Public, No. 132, 74th Cong.), authorizing burials in national cemeteries. By deed dated June 9, 1913, the city of Little Rock conveyed to the United States of America the Confederate Cemetery in Little Rock, which property was accepted by the Secretary of War under the authority contained in the act of February 7, 1913, supra, for the purposes therein specified. A large portion of the tract so conveyed will never be required for the burial of Confederate veterans, and it is desired to amend said act in order that a conveyance may now be accepted from the city of Little Rock, without restriction, to the end that the Confederate area may be available for the future interment of those individuals who, under existing law, are entitled to burial in national cemeteries. The wall formerly separating the National and Confederate Cemeteries has been removed, and the entire tract now comprises one cemetery. The National Cemetery area will soon be filled, and this additional space will provide ample burial space for many years. The proposed amendment removes the restrictions in the act of February 7, 1913, authorizes the acceptance of a new conveyance, and adds appropriate language to permit the burial of all classes of soldiers, sailors, marines, and officers and enlisted men of the Coast Guard entitled to interment in a national cemetery. The original donors, the city of Little Rock, are agreeable to this change. This proposed legislation was submitted to the Bureau of the Budget, which reports that it would not be in conflict with the financial program of the President. Sincerely yours, HARRY H. WOODRING, In conformity with paragraph 2a of the rule 13 of the House Rules there is herewith printed in parallel columns the provisions of the existing law and the provisions of the proposed bill. PROVISIONS OF PROPOSED BILL That the Secretary of War is hereby authorized to accept a conveyance to the United States of the Confederate Cemetery in Little Rock, Arkansas, which adjoins the national cemetery at that place, and when so accepted the Government shall take care of and properly maintain and preserve the cemetery, its monument or monuments, headstones, and other marks of the graves, its walls, gates, and appurtenances, and preserve and keep a record, as far as reasonably practicable, of the names of those buried therein, with such history of each as can be obtained, and the said conveyance shall be such that it will permit the burial in said cemetery of all soldiers, sailors, or marines and all officers or men of the Coast Guard, dying in the service of the United States, or dying in a destitute condition after having been honorably discharged from the service, or who served, or hereafter shall have served, during any war in which the United States has been, or may hereafter be, engaged, and, with the consent of the Secretary of War, any citizen of the United States who served in the army or navy of any government at war with Germany or Austria during the World War and who died while in such service or after honorable discharge therefrom, as provided in Revised Statutes, 4878, amended by the Act of April 15, 1920 (41 Stat. 552; U. S. C., title 24, sec. 281), and the Act of June 13, 1935 (Public, Numbered 132, Seventy-fourth Congress), in addition to men who were in the military and naval service of the Confederate States of America: Provided, That the Secretary of War shall at all times leave sufficient space in said cemetery for the purpose of future burials of Confederate veterans: Provided further, That organized bodies of ex-Confederates or individuals shall have free and unrestricted entry to said cemetery for the purposes of burying worthy ex-Confederates, for decorating the graves, and for all other purposes which they have heretofore enjoyed, all under proper and reasonable regulations and restrictions made by the Secretary of War. EXISTING LAW (PUBLIC, NO. 363, 62D CONG., 37 STAT. 663) AN ACT Providing for the taking over by the United States Government of the Confederate cemetery at Little Rock, Arkansas Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is hereby authorized to accept a conveyance to the United States of the Confederate cemetery in Little Rock, Arkansas, which adjoins the national cemetery at that place, and when so accepted the Government shall take care of and properly maintain and preserve the cemetery, its monument or monuments, headstones, and other marks of the graves, its walls, gates, and appurtenances, and preserve and keep a record, as far as reasonably practicable, of the names of those buried therein, with such history of each as can be obtained, and to see that it is never used for any other purpose than as a cemetery for the graves of men who were in the military or naval service of the Confederate States of America: Provided, That organized bodies of ex-Confederates or individuals shall have free and unrestricted entry to said cemetery for the purposes of burying worthy exConfederates, for decorating the graves, and for all other purposes which they have heretofore enjoyed, all under proper and reasonable regulations and restrictions made by the Secretary of War. SEC. 2. That the Secretary of War, under this Act, is directed to take the necessary steps for the proper transfer of the cemetery to the Government, and when the same has been duly completed, to put it in charge of the keeper of the national cemetery at Little Rock, Arkansas, requiring him to exercise the same care in the preservation, beautifying and caretaking generally as is done in regard to the national cemetery; also that a suitable gate or entryway be made in the stone wall which now divides the two cemeteries so that persons may readily pass from one to the other. Whatever additional funds may be required for the purpose of carrying out the provisions of this Act shall be paid out of any fund which may be available for the maintenance of national cemeteries. Approved, February 7, 1913. 75TH CONGRESS 3d Session } HOUSE OF REPRESENTATIVES REPORT No. 1918 AUTHORIZING ACQUISITION OF LAND AND BUILDINGS FOR CEME- MONMOUTH MARCH 9, 1938.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. SPARKMAN, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 6813] The Committee on Military Affairs, to whom was referred the bill (H. R. 6813) to authorize the acquisition of land and buildings for cemeterial purposes in the vicinity of Tennent, Monmouth County, N. J., and for other purposes, having considered the same, submit the following report thereon with the recommendation that it do pass: HISTORIC SITE The bill provides for the acquisition of suitable lands in the vicinity of Tennent, Monmouth County, N. J., including the Old Tennent Church, historically identified with the Battle of Monmouth in the Revolutionary War. The Old Tennent Church and grounds are practically the center of the area in which this historic battle was fought and graves of heroes of the Revolution are to be found in the cemetery. These acquisitions would be for the purpose of establishing a national cemetery, and are adjudged necessary for the enlargement of existing national-cemetery facilities. The bill authorizes an expenditure of $250,000, or so much thereof as may be necessary, to acquire by purchase or otherwise and to provide for the maintenance and improvement of this church and the burial grounds containing the remains of soldiers of the Revolutionary War and others. $178,000 ENDOWMENTS TO BE TRANSFERRED TO GOVERNMENT At the hearings held before the committee it was brought out that a perpetual trust fund of $90,000 for the care of the Old Tennent Cemetery, $30,000 endowment fund for the care of the church building, and a $58,000 special endowment fund for the care of the tenant house, water system, and Sunday-school building, a total of $178,000 in endowments, will be transferred to the Government with the property. It appears that there is ample precedent for such a transfer. NATIONAL CEMETERY NEEDED IN NEW JERSEY The Graves Registration Bureau in the War Department anticipates a need for burial grounds to accommodate 40,000 veterans from the seven northern counties of New Jersey, which this cemetery would serve, to be buried in the next 60 years. The only national cemeteries in New Jersey at the present time are located at Beverly, in Burlington County, and at Salem, in Salem County, both in the southern portion of the State. The proposed site of this national cemetery is well situated geographically, the soil is of splendid composition for satisfactory drainage, and it is convenient to a concrete-highway system and to the Pennsylvania Railroad station at Tennent. Attached hereto and made a part hereof is the report of the War Department. WAR DEPARTMENT, Washington, July 12, 1937. Hon. LISTER HILL, Chairman, Committee on Military Affairs, House of Representatives. DEAR MR. HILL: Careful consideration has been given to H. R. 6813, to authorize the acquisition of land and buildings for cemeterial purposes in the vicinity of Tennent, Monmouth County, N. J., and for other purposes, which was transmitted to the War Department under date of May 5, 1937, with a request for information and the views of the Department relative thereto. There are no existing laws that will be affected. There are believed to be over 73,180 veterans within a radius of 50 miles of Tennent, Monmouth County, N. J., including Staten Island, N. Y. Of this number it is estimated that burial in the national cemetery would be required for possibly 34,395, should one be established in this area. There are at present two national cemeteries in the State of New Jersey; one at Beverly and the other, the Finns Point National Cemetery, at Salem. Small garrisons are maintained at the military posts of Fort Hancock and Fort Monmouth, N. J.; however, the deaths are insignificant in number and the remains are either shipped home or buried in the Long Island National Cemetery. To provide for the estimated 34,395 veterans referred to above, an area of approximately 60 acres would be required. It is the opinion of the War Department that the question of whether national cemeteries are to be established is one of general public policy which Congress alone should decide. This proposed legislation has been submitted to the Bureau of the Budget which reports that it would not be in accord with the program of the President. Sincerely yours, |