Lapas attēli
PDF
ePub

places of holding court are about 125 miles distant from Livingston-Butte and Helena on the west and Billings on the east.

While the amount of court business originating in the immediate vicinity of Livingston does not appear to be large, nevertheless the distances which litigants are required to travel to attend court are factors worthy of consideration.

It is noted that the bill contains no provision for the furnishing of suitable rooms and accommodations at Livingston, without expense to the United States, as is now provided in connection with holding of terms of the court at Glasgow, Lewistown, and Havre. I recommend that the bill be amended so as to make the provision referred to apply to the term of court at Livingston. Such an amendment may be effected by inserting the word "Livingston" after “Lewistown" in line 12, page 1, of the bill.

Whether, if so amended, the measure should receive favorable consideration by the Congress involves a question of legislative policy as to which I prefer not to offer any suggestions. Sincerely yours,

HOMER CUMMINGS,

Attorney General. In compliance with clause 2a of rule XIII existing law is printed below in roman, with matter proposed to be omitted enclosed in black brackets, and with new matter proposed to be inserted printed in italics:

The State of Montana shall constitute one judicial district, to be known as the district of Montana. Terms of the district court shall be held at Helena, Butte, Great Falls, Lewistown, Billings, Missoula, Glasgow, [and] Havre, and Livingston at such times as may be fixed by rule of such court: Provided, That suitable rooms and accommodations for holding court at Glasgow, Lewiston, Livingston, and Havre are furnished free of all expense to the United States. Causes, civil and criminal, may be transferred by the court of a judge thereof from any sitting place designated above to any other sitting place thus designated, when the convenience of the parties or the ends of justice would be promoted by the transfer; and any interlocutory order may be made by the court of judge thereof in either place.

O

STATE OF MAINE

Mar 11, 1937.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

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

following

REPORT

[To accompany S. 1769)

The Committee on the Judiciary, to whom was referred the bill (S. 1769) for the relief of the State of Maine, after consideration, report the same favorably to the House with the recommendation that the bill do pass.

Enactment of this bill will have the effect of relieving the State of Maine from accountability for loss of certain property of the United States, consisting of 70 blankets of the value of $175. This property was a part of military equipment loaned to the city of Ellsworth, Maine, on May 8, 1933, to help relieve the suffering on account of a disastrous fire in that city which rendered some 200 families homeless.

There follow a statement and a communication from the War Department with regard to this matter, which are taken from the Senate report (S. Rept. 374, 75th Cong., 1st sess.) on the bill here reported: STATEMENT OF Facts TO ACCOMPANY BILL FOR RELIEF OF STATE OF MAINE On May 8, 1933, a disastrous fire destroyed a portion of the city of Ellsworth, Maine, and rendered homeless about 200 families in that town with a loss of practically all of their worldly possessions. It was necessary to give relief to these people immediately; and by direction of the Governor of Maine, certain articles of military equipment were rushed from the State warehouse at Augusta to Ellsworth for the use of the inhabitants of the town at the request of the city officials. Part of the articles consisted of 600 blankets which were turned over to the city officials for issue to families needing the same, and when they were returned there were 70 short which could not be accounted' for.

The State of Maine was relieved on survey dated June 26, 1933, and approved August 14, 1933, by the office of the Chief of Finance, provided Congress would approve such survey.

There was no time to secure authority from the Secretary of War for the use of this Federal military property, as the articles were desired immediately and night was coming on, with rain and cold. The value of the property at current prices is $175.

J. W. Hanson,

Brigadier General, The Adjutant General. State OF MAINE,

Kennebec, 88: Personally appeared before me Brig. Gen. James W. Hanson, known to me, and made oath that the above statement was true. (SEAL)

Smith DUNNACK,

Notary Public. My commission expires January 3, 1941.

WAR DEPARTMENT,

Washington, D. C., March 23, 1937. Hon. Josiah W. BAILEY,

Chairman, Committee on Claims, United States Senate. DEAR SENATOR Bailey: Receipt is acknowledged of your letter of March 5, 1937, enclosing copy of S. 1769 for the relief of the State of Maine, now pending before your committee, and requesting such information as may be shown from the files of the War Department, and the opinion of the Department relative to the merits of the bill.

The records of the War Department show that on March 8, 1933, a quantity of cots and blankets, property of the United States, in the hands of the National Guard of the State of Maine, were issued on memorandum receipt, by order of the Governor of Maine, to Mr. J. A. Cunningham, clerk of court, Ellsworth, Maine. It appears that the cots and blankets were urgently needed for the relief of a number of families rendered homeless and destitute as the result of a general conflagration in the city named. When the property was returned on June 26, 1933, 70 olive-drab blankets were not received. This property was surveyed an the value fixed at $175. Accordingly, upon the approved survey the State of Maine was held pecuniarily liable to the Government in the sum of $175.

This property was issued without the prior sanction of the War Department, and under such circumstances, the Department expects State authorities either to initiate and secure necessary legislation to relieve them of the liability or else reimburse the Government for the loss. In the present case the State National Guard authorities announced that an effort would be made to obtain such legisl :tion, and therefore, reimbursement has not as yet been required by the War Department.

In the event the Congress determines that the circumstances of the loss of the property were such as to worant the relief of the State of Maine from pecuniary liability therefor, the War Department will interpose no objection to the enactment of the relief legislation contemplated in S. 1769. Sincerely yours,

MALIN Craig,

Acting Secretary of War. O

AUTHORIZING THE SECRETARY OF WAR TO TRANSFER TO THE PEOPLE OF PUERTO RICO CERTAIN REAL ESTATE PERTAINING TO THE POST OF SAN JUAN, SAN JUAN, PUERTO RICO, AND FOR OTHER PURPOSES

May 11, 1937.-Committed to the Committee of the Whole House on the state of

the Union and ordered to be printed

Mr. Faddis, from the Committee on Military Affairs, submitted the

following

REPORT

[To accompany 8. 1973]

The Committee on Military Affairs, to whom was referred the bill (S. 1973) to authorize the Secretary of War to transfer to the people of Puerto Rico certain real estate pertaining to the post of San Juan, San Juan, Puerto Rico, and for other purposes, having considered the same, report favorably thereon with a recommendation that it do pass.

Section 1 of S. 1973 authorizes the Secretary of War to transfer to the people of Puerto Rico that portion of the San Juan Military Reservation known as the Service Company area, containing approximately 5.86 acres.

Section 2 of S. 1973 authorizes the Secretary of War to accept on behalf of the United States the Manicomio property, otherwise known as the old Insane Asylum, located in the city of San Juan, which property consists of approximately 2.28 acres.

The exchange of property proposed by this legislation will enable the people of Puerto Rico to extend the civic center of the city of San Juan and to extend the School of Tropical Medicine which lies immediately adjacent to the War Department property known as the Service Company area. On the part of the War Department, this proposed exchange of property will permit the concentration of the Service Company, Sixty-fifth Infantry, and its motors, with the remainder of the regiment in the post of San Juan. The War Department advises that this concentration will eliminate the present unsatisfactory situation wherein the transportation of the Service Company must traverse 3 miles of narrow, crowded, city streets in order to serve its regiment, and will contribute directly to the administrative, tactical, and economic efficiency of the troops in San Juan. In connection with the proposed transfer of the old Manicomio property, mentioned in section 2 of S. 1973, to the jurisdiction of the War Department, the Puerto Rican Reconstruction Administration proposes to rehabilitate the building on this property, together with two other buildings on the post of San Juan, in order that the War Department may make a satisfactory readjustment.

Letter of March 20, 1937, from the War Department, setting forth in detail the reasons for recommending the enactment of this legislation into law, follows:

March 20, 1937. Hon. MORRIS SHEPPARD, Chairman, Committee on Military Affairs,

United States Senate. DEAR SENATOR SHEPPARD: There is enclosed herewith a draft of a bill to authorize the Secretary of War to transfer to the people of Puerto Rico certain real estate pertaining to the post of San Juan, San Juan, P. R., which the War Department presents for the consideration of the Congress with a view to its enactment into law.

There is no existing law which authorizes this transfer.
The property involved and the reasons for the proposed transfer are as follows:

The Service Company area, which came into possession of the United States as a result of the treaty with Spain, is located some 14 miles across the city of San Juan from the post of San Juan proper. This area consists of approximately 23,714.65 square meters (about 5.86 acres) and lies in direct prolongation of a section of the city that has been developed as a civic center for the capital of Puerto Rico. This civic center contains the Territorial Capitol Building, the Y. M. C. A., the library, the Puerto Rico School of Tropical Medicine, and other public and semipublic buildings. The people of Puerto Rico have long been desirous of securing the Service Company area for an extension of the civic center, and, particularly, for an extension of the School of Tropical Medicine which lies immediately adjacent to the War Department property. The War Department has long appreciated the desirability of including the Service Company area in the civic-center plan, but has been unable to view the project favorably because of the lack of facilities for housing the Service Company and its transportation elsewhere.

The Government of Puerto Rico now proposes to transfer to the War Department the old Manicomio property (approximately 9,763 square meters) located within the post of San Juan proper, and the Puerto Rican Reconstruction Administration proposes to rehabilitate the building on this property, together with two other buildings on the post of San Juan, in order that the War Department might make a satisfactory readjustment.

The value of the properties involved has been estimated variously. It would appear that the value of the service-company area, including all improvements, is approximately $327,288.26 while the value of the Manicomio property, including the building thereon, is in the neighborhood of $200,000. The value of the Manicomio land, alone, is approximately $87,867.84. This separate valuation is given, inasmuch as the building is of no value to the War Department unless rehabilitated to serve the purposes of the service company as proposed.

The proposed exchange of properties and the incidental rehabilitation projects will be of great benefit to the War Department, in that a concentration of the Service Company, Sixty-fifth Infantry, and its motors, with the remainder of the regiment in the post of San Juan can be effected. This concentration will eliminate the present unsatisfactory situation wherein the transportation of the Service Company must traverse 3 miles of narrow, crowded, city streets, in order to serve its regiment, and will contribute directly to the administrative, tactical, and economic efficiency of the troops in San Juan.

The proposed legislation will not require an appropriation of funds.

This proposed legislation was submitted to the Bureau of the Budget which reports that there is no objection on the part of that Office to the presentation thereof to Congress. Sincerely yours,

MALIN CRAIG,

Acting Secretary of War. O

« iepriekšējāTurpināt »