CHANGE OF NAME AND JURISDICTION OF THE INFERIOR COURT OF JUSTICE OF THE PEACE IN THE DISTRICT OF COLUMBIA.

February 6, 1909.-Ordered to be printed.

Mr. CAMPBELL, from the committee of conference, submitted the following

CONFERENCE REPORT.

[To accompany S. 6359.]

The committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill S. 6359, "An act to change the name and jurisdiction of the inferior court of justice of the peace in the District of Columbia," having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House, and agree to the same with amendments as follows: Page 1, line 4, of said amendment strike out the word "five." Page 6, lines 2, 3, 4, 5, and 6, strike out the proviso and insert in lieu thereof the following:

Provided, That the expenditures to be incurred under any of the provisions of this act shall not in any case exceed the total amount of revenues and fees of the said municipal court.

And the House agree to the same.

P. P. CAMPBELL,

J. VAN VECHTEN OLCOTT, Managers on the part of the House.

J. H. GALLINGER,

W. P. DILLINGHAM,
THOMAS S. MARTIN,

Managers on the part of the Senate.

STATEMENT OF MANAGERS ON PART OF HOUSE.

The managers on the part of the House at the conference on the dis agreeing votes of the two Houses on the amendment of the House to the bill (S. 6359) entitled "An act to change the name and jurisdiction of the inferior court of justice of the peace in the District of Columbia," submit the following written statement in explanation of the effect of the action agreed upon and submitted in the accompanying conference report.

Corrects clerical error by restoring the present number of justices of the peace (6), the House amendment having reduced the number to 5. House recedes.

Provides that after the first vacancy the number of judges shall be 5. Senate recedes.

Provides for the appointment of the judges of said municipal court for a term of four years, as proposed by the House. Senate recedes. Provides that the expenditures incurred in executing the act shall not exceed the total amount of revenues and fees of the court. Senate recedes.

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CONGRESS, HOUSE OF REPRESENTATIVES. {
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STATEHOOD FOR THE TERRITORIES.

FEBRUARY 6, 1909.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. HAMILTON, of Michigan, from the Committee on the Territories, submitted the following

REPORT.

[To accompany H. R. No. 27891.]

The Committee on the Territories, to whom was referred H. R. 27891, to enable the people of New Mexico to form a constitution and state government and be admitted into the Union on an equal footing with the original States, and to enable the people of Arizona to form a constitution and state government and be admitted into the Union on an equal footing with the original States, report same back to the House of Representatives and recommend that it do pass.

ANALYSIS OF BILL.

This bill, under a single title and enacting clause, enables two States to be admitted into the Union.

It consists of 36 sections, the first 18 of which relate to the proposed State of New Mexico, the area of which is to comprise the present Territory of New Mexico, and the remaining 18 sections relate to the proposed State of Arizona, the area of which is to comprise the present Territory of Arizona.

The whole bill is drawn to conform as nearly as may be to the language of previous enabling acts, and contains such provisions as may in their nature be common to all, besides such additional provisions as are made necessary by existing laws and local conditions.

The sections framed to provide similar objects for each of the proposed new States are made to conform as nearly as may be to each other.

The States of Arizona and New Mexico can be admitted into the Union within about ten months after the approval of this act.

Each State is to be admitted into the Union by a proclamation of the President of the United States, in the usual manner, after compliance with certain requirements.

An election which is properly safeguarded is provided for delegates to a constitutional convention for each proposed State. The convention for New Mexico is to consist of 100 delegates, and that for Arizona of 52 delegates.

The constitution framed must in each case conform to the usual requirements and be submitted to the people of each proposed State, respectively, for ratification at an election to be held for that purpose. Each State is to constitute a judicial district, and the proper officials are provided therefor. New Mexico is to be attached to the eighth and Arizona to the ninth circuit.

Proper provision is made in the usual way for pending causes in the territorial courts during the transition.

New Mexico is allowed two and Arizona one Member of the House of Representatives, representation being based on the last census, supplemented by a conservative estimate of increase in population since 1900.

Proper provision is made in each State for nonsectarian common schools and the teaching of English therein.

Suffrage is well guarded, and strong antipolygamy clauses are in the

bill.

The new States are to assume and pay the debts of the Territories, respectively.

The capital of New Mexico is fixed at Santa Fe until 1915, and that of Arizona at Phoenix until the same year, at which time it is expected that conditions will have so shaped themselves that state capitals may be established by elections provided for that purpose, with entire fairness to all parts of the States concerned.

Each State, as in the case of Utah, because of the arid character of the land, is given two sections of nonmineral land in each township for the support of common schools in addition to the two sections heretofore granted or reserved. Each is also given, as is usual, certain specific donations of land for its educational and other institutions.

The bill fixes a minimum price at which the lands granted for educational purposes subject to sale may be sold. The price east of the one hundred and fifth meridian is fixed at $5 per acre. This covers approximately the east third of New Mexico. The price fixed on the remaining two-thirds of New Mexico and upon Arizona is $3 per acre. It is recognized by the committee as well as by other earnest advocates of a minimum price, that practically none of these lands are worth now anything like the minimum price fixed. Where school sections fall within national forests, this valuable land can not be sold, and comparatively few sections fall within irrigable districts where land prices are now high. It is believed, however, that the advance of science, the extension of public and private irrigation projects, and the tendency toward the higher development of smaller holdings will, in the case of Arizona and New Mexico, as in the case of other States, result in a sure, although slow, increase of land values.

The educational lands which are subject to sale would probably not bring on the market now much more than 25 cents an acre, but if the history of other States in which minimum prices, which at the time were considered prohibitive, were fixed shall be repeated in Arizona and New Mexico, it is of the utmost importance that some restriction be placed upon the sale of these lands.

The experience of other States and the importance of fixing a minimum selling price for educational lands is indicated in the following extract from a letter from the Secretary of the Interior addressed to the chairman of the committee:

The history of the public-land States in the matter of the disposal of granted school lands has convinced me that those States which have a minimum price fixed on their lands granted for educational purposes get a much larger return from their lands. I am informed that most States with no minimum have not disposed of their lands to the best advantage, thus seriously failing to derive the full benefit to which the schools are entitled. The States of North and South Dakota, Montana, Wyoming, Idaho, and Washington have a $10 minimum fixed on their lands, and I am informed that none of these States, unless it is Wyoming, feels that this high minimum is harmful.

On the contrary, I find that officials of these States are zealous and proud of the splendid school funds which they are creating from the sale of school lands. North Dakota, which a few years ago seemed to contain immense areas of poor land, is, I am informed, obtaining in many cases $15 or $20 per acre for its school sections. Colorado seems to have an exceedingly low minimum, $2.50; and nevertheless it has administered its land grants unusually well, securing from them very large returns, both from sales and from leases. For these reasons, I urge that a minimum price be fixed for these proposed new States. They will be able to lease most of their land, if it is not worth to-day the minimum price, and will thereby obtain an income.

As has been suggested, many school sections will fall within national forests, which cover an area in New Mexico of 8,474,547 acres and in Arizona of 13,668,366 acres.

The new States naturally dislike to be compelled to take indemnity lands for these forest sections, because indemnity lands of equal value can not be obtained. On the other hand, it would be inconvenient for the States and undoubtedly injurious to the interests of the Federal Government, if the States were permitted or were obliged to lease, sell, or manage these sections scattered through the national forests.

It has therefore been provided that the States may, at their option, take indemnity lands for school sections within national forests, or may allow the sections so left in national forests to remain under the control of the Federal Government to be administered in connection with the national forests, the States to receive 20 per cent of the gross proceeds of the income from national forests within their respective boundaries as income from their school sections. This is a very liberal percentage, and the committee has little doubt that the States will be glad to avail themselves of the privilege of having their forest sections administered in this way.

In addition to grants for educational purposes, New Mexico is given 3,000,000 and Arizona 3,300,000 acres of nonmineral land for the payment of the debts of the Territory and "of such valid county and other public debts existing at the date of the approval of this act as said Territory may have assumed or said State shall assume."

This grant, which the committee thought preferable to a grant of money, is intended to provide a fund to be derived either from the sale of the lands or from the income from them with which the new States may, at least in part, pay the indebtedness of the Territories, and such valid county and other public debts as the Territories have assumed or the States may assume.

The fact that so much of the area of the proposed States is in the public domain, and the fact that much of the most valuable land is included in national forests and other reservations, deprive the proposed States of resources readily convertible for the payment of debts, and it was thought to be only fair that a grant of land should be made