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60TH CONGRESS, HOUSE OF REPRESENTATIVES. 2d Session.

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JURISDICTION OF CRIMES COMMITTED ON LAKE MICHIGAN.

FEBRUARY 3, 1909.-Referred to the House Calendar and ordered to be printed.

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

following

REPORT.

[To accompany H. J. Res. No. 249.]

The Committee on the Judiciary, to whom was referred the resolution (H. J. Res. 249), to enable the States of Illinois, Indiana, and Michigan to determine the jurisdiction of crimes committed on Lake Michigan, having considered the same, report thereon with a recommendation that it do pass.

The northern boundary line of Indiana runs west through the southern end of Lake Michigan to the boundary line between Illinois and Indiana, which it meets in the lake. The boundary line between Illinois and Michigan is in the center of Lake Michigan, so that at one point in the lake near South Chicago and in the Calumet Harbor is the dividing line between Illinois and Indiana, and at another point in the lake the territorial limits of the States of Illinois, Indiana, and Michigan all meet. Under these circumstances it is difficult, if not impossible, to punish crime committed on the lake near or adjacent to these points, as it is impossible in many cases to prove the venue.

The purpose of the resolution is to permit the States of Illinois, Indiana, and Michigan, by proper acts of their legislatures, to enter into arrangements by which persons committing offenses on Lake Michigan, where it is now often practically impossible to prove the State in which the offense is committed, may be punished by the authorities of that State which first secures jurisdiction of the person, or such other arrangement as the States may determine among themselves. This is following the precedent under which crimes committed on the Potomac River may in certain cases be punished either by the authorities of Virginia or Maryland, although the jurisdiction of Virginia otherwise would not extend.

In recent years there have been occasions when persons owning or hiring lake vessels deliberately engaged in the commission of offenses which would have been punishable in either Indiana, Illinois, or Michigan, but where no punishment was or could be inflicted because of the impossibility of showing the State in which the offense was committed or proving the venue.

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No.

WIDENING AND EXTENSION OF MINNESOTA AVENUE.

FEBRUARY 3, 1909.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. FOSTER, of Indiana, from the Committee on the District of Columbia, submitted the following

REPORT.

[To accompany H. R. 23864.]

The Committee on the District of Columbia, to whom was referred the bill (H. R. 23864) authorizing the widening and extension of Minnesota avenue SE. from its present terminus near Pennsylvania avenue SE. to the Sheriff road, report the same back to the House with the recommendation that it do pass when amended as follows: Strike out of line 9, page 2, the words " one-half."

Strike out of line 10, page 2, the words "and one-half."

Strike out all of line 11, page 2.

Strike out of line 12, page 2, the syllables "ated."

Strike out of line 17, page 2, the word "and" and insert a period after the word "Columbia."

Strike out all of line 18, page 2.

The several amendments proposed to this bill are such as to make it correspond with the usual form of bills recommended by this committee for the widening or extension of streets where the entire cost and expenses are to be assessed as benefits. No part of such expense falls upon the United States, and the entire expense, paid primarily from the revenues of the District of Columbia, is repaid from the assessments for benefits, in five equal annual installments, with interest at the rate of 4 per cent per annum, as provided by section 491j of the District Code.

The Commissioners of the District of Columbia recommended the proposed widening and extension, giving the reasons therefor in the following letter:

COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, January 22, 1909.

SIR: The Commissioners of the District of Columbia have the honor to submit the following report on House bill 23864, Sixtieth Congress, second session, authorizing the widening and extension of Minnesota avenue SE. from its present terminus near Pennsylvania avenue SE. to the Sheriff road, which you referred to them for examination and report.

.

A map is inclosed, on which is shown in red the land that will have to be condemned in order to carry out the provisions of the bill. About 50 per cent of the land necessary to open the avenue, with a width of 90 feet between the limits named, has been dedicated as a highway, and it is the understanding of the commissioners that a portion of the remaining property may, perhaps, be dedicated.

The estimated cost of completing the extension and widening the avenue is $22,000. This estimate includes the cost of the land necessary to be condemned, and also of a brick building in the line of the extension at its intersection with Benning road.

The opening of this avenue will permit the abandonment of the Anacostia road, shown on the plat, which is a somewhat longer route between the two points mentioned in the bill. This road follows the contour of the country.

As such a large proportion of the highway has been dedicated, and as the bill provides that the entire cost of the condemnation proceedings and of the land taken shall be assessed as benefits, the commissioners believe that favorable action should be taken on the bill. The commissioners would invite attention, however, to the fact that this avenue will eventually have to be graded, which it is estimated will cost about $25,000, and in recommending the bill for favorable action the commissioners desire to state that they would not be willing, at present or in the near future, to recommend the grading of the avenue, as the Anacostia road, though somewhat tortuous and with mildly objectionable grades, serves as an outlet for this section at the present time. HENRY B. F. MACFARLAND, President Board of Commissioners, District of Columbia.

Respectfully,

Hon. S. W. SMITH,

Chairman Committee on the District of Columbia,

House of Representatives.

The passage of the bill is therefore recommended by your committee.

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CONGRESS, HOUSE OF REPRESENTATIVES.3 No.

WIDENING, ETC., OF MASSACHUSETTS AVENUE SE.

FEBRUARY 3, 1909.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. FOSTER, of Indiana, from the Committee on the District of Columbia, submitted the following

REPORT.

[To accompany H. R. 24152.]

The Committee on the District of Columbia, to whom was referred the bill (H. R. 24152) for the widening and extension of Massachusetts avenue SE., from its present terminus near Fortieth street SE. to Bowen road, report the same back to the House with the recommendation that it do pass when amended as follows:

Strike out of line 9, page 2, the word "one-half."

Strike out of line 10, page 2, the words "and one-half."

Strike out all of line 11, page 2.

Strike out of lines 17 and 18, page 2, the words "and the United States in equal parts," and insert a period after the word "Columbia," in line 17, page 2.

The several amendments made to this bill are such as to make it correspond with the usual form of bills recommended by this committee for the widening or extension of streets, where the entire cost and expenses are to be assessed as benefits. No part of such expense falls upon the United States, and the entire expense, paid primarily from the revenues of the District of Columbia, is repaid from the assessments for benefits, in five equal annual installments, with interest at the rate of 4 per cent per annum, as provided by section 491 j of the District Code.

The Commissioners of the District of Columbia recommend the passage of this bill, laying stress upon its moderate cost and great public benefit, as appears by their report to the committee, as follows:

COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, January 16, 1909.

SIR: The Commissioners of the District of Columbia have the honor to submit the following report on H. R. 24152, Sixtieth Congress, second session, "For the widening and extension of Massachusetts avenue southeast, from its present terminus near Fortieth street southeast to Bowen road," which you referred to them for examination and report:

A blueprint is inclosed showing the proposed extension in red and blue hatched lines. The portion shown in red lines, containing about 24 acres, has been dedicated as a public highway since this bill was referred to the commissioners. The portion in blue lines, containing about 1 acre, will have to be condemned under the provisions of the bill. There is a small building in the line of the extension, but the entire cost of the land necessary to be condemned and of this building is estimated at about $1,500. The land to be condemned consists of portions of small holdings which it would be impracticable to secure by dedication.

The bill provides that the entire cost shall be assessed as benefits on abutting and surrounding property.

The commissioners recommend favorable action on the bill as the cost will be small and the measure would be of considerable public benefit.

Very respectfully,

Hon. S. W. SMITH,

HENRY B. F. MACFARLAND,

President Board of Commissioners District of Columbia.

Chairman Committee on the District of Columbia,

House of Representatives.

Your committee recommend the passage of the bill as amended.

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