RELIEF OF APPLICANTS FOR MINERAL SURVEYS. JANUARY 14, 1909.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. ENGLEBRIGHT, from the Committee on Mines and Mining, submitted the following REPORT. [To accompany H. R. 25396.] The Committee on Mines and Mining, to whom was referred the bill (H. R. 25396) entitled "A bill for relief of applicants for mineral surveys," have had the same under consideration, and report it back to the House with the unanimous recommendation that it pass with the following amendments: Page 1, after the word "moneys," in line 4, add the words "heretofore or hereafter." Page 1, after the words "were severally made," in line 11, add the words "or the whole of any unused deposit; and such sums, as the several cases may be, shall be deemed to be annually and permanently appropriated for that purpose. The amendments are in accordance with the following letter from the Department of the Interior, which also says the "proposed legislation is urgently needed:" DEPARTMENT OF THE INTERIOR, SIR: In view of the conferences and correspondence had with you in the early part of last summer concerning the question of repayment of unused deposits and the excess of deposits made by individuals to cover the cost of work in the offices of surveyors-general and covered into the Treasury in connection with mineral surveys, I take the liberty to suggest to you two additions to H. R. 25396, introduced on the 6th instant, "for relief of applicants for mineral surveys." The Comptroller of the Treasury disagreed with the conclusion reached by this department (36 Land Dec., 561) in a case of an application for such repayment, upon the ground that whilst section 2402, Revised Statutes, directs repayment of "any excess in such sums over and above the actual cost of the surveys," it does not in terms appropriate them to that purpose, which appears to be a strict rule of interpretation in his office. I therefore respectfully suggest at this time that, to avoid any such objection or any question as to the scope of the provision, if this bill shall become a law these additions be made: After the word "moneys," in line 4, page 1, of the bill, add the words "heretofore or hereafter;" and after the words "were severally made," in line 11, page 1, add E the words "or the whole of any unused deposit; and such sums, as the several cases may be, shall be deemed to be annually and permanently appropriated for that purpose." The proposed legislation is urgently needed, as the sums which accumulate by these deposits are neither funds of and available to the United States nor, under the present conditions, repayable to those rightfully entitled to them. Very respectfully, Hon. JAMES C. NEEDHAM, House of Representatives. FRANK PIERCE, First Assistant Secretary. O LIFE-PRESERVERS ON MOTOR VESSELS. JANUARY 15, 1909.-Referred to the House Calendar and ordered to be printed. Mr. HINSHAW, from the Committee on the Merchant Marine and Fisheries, submitted the following REPORT. [To accompany H. R. 25678.] The Committee on the Merchant Marine and Fisheries, to whom was referred House bill 25678, submit the following report: This bill provides that every vessel propelled by machinery other than steam machinery shall carry life-preservers of kinds approved by the board of supervising inspectors, so that there shall be at least one for each person on board. The merits of this bill are fully set forth in a letter from Hon. Oscar S. Straus, Secretary of the Department of Commerce and Labor, under date of January 12, 1909, the material portions of which are as follows: The purpose of the bill, which is cordially approved by this department, is to require every motor vessel, when subject to federal jurisdiction, to carry at least one approved life-preserver for each person on board. The use of small vessels propelled by naptha, gasoline, or other dangerous fluids, or by electricity, is increasing very rapidly. Collectors of customs estimate that there are now about 40,000 such vessels in the United States. Doubtless many of these are outside the jurisdiction of Congress, but many others are so employed as to come properly within the limits of federal supervision in the interest of safe navigation. The revised international regulations of 1897 for preventing collisions at sea (by the following definition "The words 'steam vessel' shall include any vessel propelled by machinery") require motor vessels to display lights at night, to sound the bell and fog horn during fog, and to observe other regulations to prevent collisions. The same definition has been carried by Congress into the acts for preventing collisions on the inland waters of the United States, on the Great Lakes, and on the Missisippi River and its tributaries, respectively. The navigation of such vessels is attended with a special element of danger. The gasoline and naphtha used to furnish propelling power are known to be highly dangerous fluids. In case of fire or explosion these vessels are almost instantly swept by flames and practically the only course open to those on the vessel is to jump overboard and take the chance of being picked up. During the past season numerous motor-vessel accidents, involving loss of life, were reported, and in nearly every case available life-preservers would probably have saved life. Life-preservers are inexpensive a good one can be bought for $1 or $1.50—and for reasons just assigned they seem to be a necessary part of the proper equipment of a motor vessel. They are certainly as necessary as the fog-signaling apparatus prescribed by several acts of Congress, for many of these motor vessels navigate only in clear weather. The federal law upon the subject at present is the following amendment of March 3, 1905, to section 4426, Revised Statutes: "All vessels of fifteen gross tons or less propelled in whole or in part by gas, gasoline, petroleum, naphtha fluid, or electricity, and carrying passengers for hire, shall carry one life-preserver, of the sort prescribed by the regulations of the board of supervising inspectors, for every passenger carried." The penalty for failure to comply with this requirement is the fine of $500 prescribed by section 4500, Revised Statutes. Section 3 of H. R. 25678 will retain this law in force. The department suggests that section 3 be stricken from the bill, and that sections 4, 5, and 6 be renumbered 3, 4, and 5, respectively. With this slight change the bill will require the owner of every motor boat within federal jurisdiction to carry at least one life-preserver for each person on board under penalty of $10 for each life-preserver lacking or unavailable when needed. Such life-preservers are already carried by prudent owners. The department believes that this requirement is reasonable; that the penalty proposed will suffice to secure compliance with the law, and that the bill, if passed, will render life considerably safer on the navigable waters of the United States during the coming season than during the past season. The early passage of the bill is earnestly recommended. Respectfully, OSCAR S. STRAUS, Secretary. Your committee unanimously approves this bill and believes it to be in the interests of the safety of life upon the numerous motor vessels which are now operating in federal waters. It is recommended by the committee that section 3 be stricken out and that section 4 be numbered 3, section 5 be numbered 4, and section 6 be numbered 5, and that with these amendments the bill do pass. A copy of the bill is incorporated as a part of this report. CONSOLIDATION OF AND EVIDENCE IN ACTIONS FOR LIBEL. JANUARY 15, 1909.-Referred to the House Calendar and ordered to be printed. Mr. WEBB, from the Committee on the Judiciary, submitted the following REPORT. [To accompany H. R. 26299.] The Committee on the Judiciary, to whom was referred the bill (H. R. 12432) authorizing the consolidation of and evidence in actions for libel, report in lieu thereof H. R. 26299, "A bill authorizing certain proof in mitigation of damages in actions for libel," as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That at the trial of any action for libel in any court of the United States the defendant may prove in mitigation of damages that the plaintiff has already received or agreed to receive compensation in respect of substantially the same libel as that for which such action was brought, published at approximately the same time. And recommend that the same do pass and that H. R. 12432 do lie on the table. |