71ST CONGRESS HOUSE OF REPRESENTATIVES 3d Session

REPORT No. 2622

SILVER SERVICE FROM GUNBOAT "MARIETTA" TO CAMPUS MARTIUS MEMORIAL MUSEUM, MARIETTA, OHIO

FEBRUARY 12, 1931.-Committed to the Committee of the Whole House and ordered to be printed

Mr. Hess, from the Committee on Naval Affairs, submitted the

following

REPORT

[To accompany H. R. 16417]

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 16417) authorizing the Secretary of the Navy, in his discretion, to deliver to the custody of the Campus Martius Memorial Museum, of the city of Marietta, Ohio, the silver service presented to the United States for the gunboat Marietta, having had the same under consideration, report favorably thereon, without amendment, and recommend that the bill do pass. The bill meets with the approval of the Navy Department, as shown in the following letter from the Secretary of the Navy, addressed to the chairman of the Committee on Naval Affairs, and which is hereby made a part of this report.

NAVY DEPARTMENT, Washington, February 7, 1931.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying_further to the committee's letter of January 22, 1931, transmitting the bill (H. R. 16417) authorizing the Secretary of the Navy, in his discretion, to deliver to the custody of the Campus Martius Memorial Museum of the city of Marietta, Ohio, the silver service presented to the United States for the gunboat Marietta, and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform the committee that the Navy Department recommends the enactment of the bill. C. F. ADAMS, Secretary of the Navy.

Sincerely yours,

BRIDGE ACROSS ARCHERS CREEK, S. C.

FEBRUARY 12, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. HALE, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany H. R. 4856]

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 4856) to amend the act of February 14, 1927, entitled "An act authorizing the Secretary of the Navy to accept on behalf of the United States title in fee simple to a certain strip of land and the construction of a bridge across Archers Creek in South Carolina," having had the same under consideration, report favorably thereon without amendment and with the recommendation that the bill do pass.

The purpose of this proposed legislation is to authorize the Secretary of the Navy to accept on behalf of the United States the title to a strip of land near the Marine Corps reservation on Parris Island, S. C., to be used for a road subject to the conditions and limitations that when it is no longer required for military purposes it will revert to the State of South Carolina.

In compliance with clause 2a of Rule XIII there is herewith printed section 1 of the act of February 14, 1927, sought to be amended, the language sought to be repealed appearing in brackets and the amendatory language appearing in italics:

That the Secretary of the Navy is hereby authorized to accept on behalf of the United States, free from encumbrances and without cost to the United States, for military purposes, the title [in fee simple] to the following-described parcel of land to be used [as right of way] for a road from Jericho Point to the Marine Corps reservation on Parris Island, South Carolina: Starting at a point on the north bank of Archers Creek, north sixty-four degrees, twenty-nine minutes west, six thousand five hundred and sixty-three feet from monument numbered 31 at the marine barracks, Parris Island, South Carolina; thence north thirteen degrees, forty minutes west, four thousand six hundred and five feet to a point at the mean high-water line near Jericho Point; thence north eighty-seven

degrees, thirty-nine minutes east, two hundred and four feet to a point also at the mean high-water line near Jericho Point; thence south thirteen degrees and forty minutes east, four thousand five hundred and sixty-five feet to a point on the north bank of Archers Creek; thence south seventy-six degrees and twenty minutes west, two hundred feet to the point of beginning: Provided, however, That the acceptance of the tract of land herein described by the United States of America is made upon the express condition_and_limitation that said property shall be used only for military purposes, and when the same shall cease to be actually used for military purposes the title and right of possession shall immediately revert to the State of South Carolina without notice, demand, or action brought.

In pursuance of the provisions contained in section 355 of the Revised Statutes, the Attorney General, under date of January 19, 1929, rendered an opinion holding that upon acceptance by the Secretary of the Navy of such cession and grant from the State of South Carolina a valid title to the land will vest in the United States. The above-mentioned opinion of the Attorney General was transmitted to the Governor of the State of South Carolina with the request that pursuant to section 19 of the constitution of the State of South Carolina providing that "All grants and commissions shall be issued in the name and by the authority of the State of South Carolina, sealed with the great seal, signed by the governor, and countersigned by the secretary of state," there be duly executed and forwarded to the Navy Department for acceptance an appropriate instrument evidencing the aforesaid cession and grant by the Legislature to the United States of America.

To which the Governor replied as follows:

After an investigation of this matter it is my opinion that this transaction could best be completed through the repeal by our legislature, which is now in session, of act of 1925, South Carolina, No. 105, and the passage of another act, similar in character, but containing an accurate description of the land, as contained in the instrument that you submit, and also containing a reverter clause, to the effect that should this property cease to be used for the purpose for which it is granted, it will no longer be necessary for use for the national defense, and that it would at that time revert to the State of South Carolina, without notice of action taken, and without consideration or condition. I shall take steps to see that this is done.

I think this step is necessary, in view of the conditions surrounding a certain lot of land on Sullivans Island, S. C., which was granted by the State of South Carolina to the United States of America, for the use of the War Department, and which, under act of Congress, is now proposed to be sold to the State of South Carolina, and an impossible condition placed thereon as to its future use.

The following letter from the Secretary of the Navy, addressed to the chairman of the Committee on Naval Affairs of the House of Representatives, clearly set forth the facts in this case and is hereby made a part of this report:

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

NAVY DEPARTMENT, Washington, October 7, 1929.

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN. There is inclosed herewith a copy of a letter, together with a copy of a proposed bill "To amend section 1 of the act of February 14, 1927, entitled 'An act authorizing the Secretary of the Navy to accept on behalf of the United States title in fee simple to a certain strip of land and the construction of a bridge across Archers Creek in South Carolina,' "" this day forwarded to the Speaker of the House of Representatives.

Sincerely yours,

C. F. ADAMS, Secretary of the Navy.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: I have the honor to transmit herewith a draft of a proposed bill "To amend section 1 of the act of February 14, 1927, entitled 'An act authorizing the Secretary of the Navy to accept on behalf of the United States title in fee simple to a certain strip of land and the construction of a bridge across Archers Creek in South Carolina.'

The purpose of this proposed legislation is to authorize the Secretary of the Navy to accept on behalf of the United States the title to a strip of land near the Marine Corps reservation on Parris Island, S. C., to be used for a road subject to the conditions and limitations that when it is no longer required for military purposes it will revert to the State of South Carolina.

Section 1 of the act of February 14, 1927 (44 Stat. 1095), provides that "The Secretary of the Navy is authorized to accept on behalf of the United States, free from encumbrance and without cost to the United States, the title in fee simple to a parcel of land therein described, to be used as a right of way for a road from Jericho Point to the Marine Corps reservation on Parris Island, S. C." In pursuance of the provisions contained in section 355 of the Revised Statutes, the Attorney General, under date of January 19, 1929, rendered an opinion holding that upon acceptance by the Secretary of the Navy of such cession and grant from the State of South Carolina a valid title to the land will vest in the United States.

The above-mentioned opinion of the Attorney General was transmitted to the Governor of the State of South Carolina with the request that pursuant to section 19 of the constitution of the State of South Carolina providing that "All grants and commissions shall be issued in the name and by the authority of the State of South Carolina, sealed with the great seal, signed by the governor, and countersigned by the secretary of state," there be duly executed and forwarded to the Navy Department for acceptance an appropriate instrument evidencing the aforesaid cession and grant by the legislature to the United States of America.

In his reply to the Navy Department's above-mentioned request the Governor of the State of South Carolina states:

"After an investigation of this matter it is my opinion that this transaction could best be completed through the repeal by our legislature, which is now in session, of act of 1925, South Carolina, No. 105, and the passage of another act, similar in character, but containing an accurate description of the land, as contained in the instrument that you submit, and also containing a reverter clause, to the effect that should this property cease to be used for the purpose for which it is granted, it will no longer be necessary for use for the national defense, and that it would at that time revert to the State of South Carolina, without notice of action taken, and without consideration or condition. I shall take steps to see that this is done.

"I think this step is necessary in view of the conditions surrounding a certain lot of land on Sullivans Island, S. C., which was granted by the State of South Carolina, to the United States of America, for the use of the War Department, and which, under act of Congress, is now proposed to be sold to the State of South Carolina, and an impossible condition placed thereon as to its future use. The Navy Department thereupon again referred the matter to the Attorney General for an opinion as to whether the action proposed by the governor would be satisfactory. By letter of March 19, 1929, the Attorney General stated that"The action now proposed by the Governor of South Carolina, to have the act of cession repealed and another act passed containing a reverter clause effective in the event said land should cease to be used for the national defense, would not convey such title as you are authorized to accept under the provisions of the act of February 14, 1927 (44 Stat. 1095). Another act of Congress would be necessary."

The Navy Department recently received a copy of the act of the Legislature of the State of South Carolina approved March 7, 1929, section 1 of which provides, inter alia:

"That the conveyance of the tract of land herein described to the United States of America is made upon the express condition and limitation that said property shall be used for only military purposes; and when the same shall cease to be actually used for military purposes, the title and right of possession shall immediately revert to the State of South Carolina, without notice, demand, or action brought."

The draft of proposed bill was referred to the Bureau of the Budget with the above information. Under date of September 20, 1929, the Director of the Bureau of the Budget informed the Navy Department that, so far as the financial program of the President is concerned, there is no objection to this proposed legislation.

In view of the foregoing, the Navy Department recommends that the proposed legislation be enacted.

Sincerely yours,