Section 2 of the bill authorizes the Secretary of War to dispose of by transfer to other governmental agencies, or by sale, the small tract to be isolated from Fort Myer. Authority to dispose of this tract is desired by the War Department in order to place the new boulevard completely beyond the limits of the military reservation thereby precluding any future possible controversies over question of jurisdiction and responsibility.

The Secretary of War now has authority under the act of July 5, 1884 (23 Stat. 104, U. S. C. 10, 1348), to grant an easement to the State of Virginia for this highway. However, under Virginia State law it is necessary for the State to have title to the right-of-way; therefore, the enactment of H. R. 2299 will convey title to the State of Virginia for the desired right-of-way and will provide an additional formal approach to the Arlington Memorial Bridge, thereby furthering the plans for the development and beautification of the environment of the National Capital.

Attached hereto and made a part of this report are letters from the War Department and the National Capital Park and Planning Commission, explaining the reasons and scope of the proposed legislation.

Hon. LISTER HILL,

WAR DEPARTMENT, Washington, D. C., February 19, 1937.

Chairman, Committee on Military Affairs,

House of Representatives.

DEAR MR. HILL: Careful consideration has been given to the bill, authorizing the conveyance to the State of Virginia, for highway purposes only, of portions of the Fort Myer Military Reservation, Va., and for other purposes, which was transmitted to the War Department under date of January 18, 1937, with a request for a report thereon.

There is no existing law which authorizes the Secretary of War to accomplish the desired grant.

The legal effect of the bill would authorize the Secretary of War to convey to the State of Virginia, under such terms and conditions as he deems advisable for the protection of Federal interests, a right-of-way for highway purposes only, 140 feet wide, extending across the northwest corner of the Fort Myer Military Reservation and across the Military Road connecting Fort Myer to Key Bridge. The bill would also authorize the Secretary of War to transfer to another governmental agency, or to sell the small parcel which would be isolated from Fort Myer by the grant.

The right-of-way is desired for the purpose of providing a formal approach to the Arlington Memorial Bridge to be known as the Lee Memorial Boulevard. The project is part of the plan for the development and beautification of the environs of the National Capital, and the War Department has already cooperated therein to the extent of granting an easement for the said right-of-way. However, the Department has been advised by officials of the State of Virginia that it will be necessary for the State to acquire a conveyance such as is proposed in the bill under consideration in order to consummate the project.

The 2.2 acre tract that will be isolated from Fort Myer by the proposed boulevard will also be rendered useless for military purposes. The War Department feels, however, that the loss suffered by Fort Myer as a result of this grant will be more than compensated for by the diversion of traffic from that reservation and by the provision of an additional first-class traffic artery readily accessible from Fort Mver.

For the reasons stated above, the War Department interposes no objection to the enactment of H. R. 2299 into law.

This report was submitted to the Bureau of the Budget, which advises that. insofar as the financial program of the President is concerned, there would be no objection to its submission to Congress.

Sincerely yours,

HARRY H. WOODRING,
Secretary of War.

NAVY BUILDING,

Hon. LISTER HILL,
Chairman, Military Affairs Committee,

Washington, D. C., March 11, 1937.

House of Representatives, Washington, D. C.

MY DEAR CHAIRMAN HILL: The National Capital Park and Planning Commission has before it H. R. 2299, authorizing the conveyance to the State of Virginia, for highway purposes only, of portions of the Fort Myer Military Reservation, Va., and for other purposes.

As you doubtless recall, when the Commission was created, it was authorized and directed to make plans for highways, etc., not only in Washington but also for its environs. Representatives of the Commission have frequently appeared before you in regard to highways in Arlington County, especially in regard to bills affecting Government property therein.

For many years this Commission has been cooperating with the county of Arlington, State of Virginia, public citizens, and the Bureau of Public Roads in attempting to secure the proper location, the right-of-way, and the construction of what is known as Lee Boulevard, extending from the Lee Highway near Great Falls, through the county of Arlington, through the northeast corner of Fort Myer, extending to the Alexandria-Rosslyn Pite, and eventually to connect with the Arlington Memorial Bridge extension.

The Commission is familiar with the right-of-way proposed in H. R. 2299, and recommends the early granting by Congress of this right-of-way to the State of Virginia so that this important boulevard can be completed.

Respectfully yours,

NATIONAL CAPITAL PARK AND PLANNING COMMISSION, By ARNO B. CAMMERER, Executive Officer.

O

PAYMENT TO GOVERNMENT OF JAPAN FOR PROPOSED DEPORTATION OF ENEMY ALIENS FROM CHINA DURING THE WORLD WAR

MAY 11, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. FREY, of Pennsylvania, from the Committee on Foreign Affairs, submitted the following

REPORT

[To accompany S. 1607]

The Committee on Foreign Affairs, to whom was referred the bill (S. 1607) authorizing an appropriation for payment to the Government of Japan for proposed deportation of enemy aliens from China during the World War, having considered the same, submit the following report thereon with the recommendation that it do pass:

The facts in support of this claim are fully set forth in a message from the President dated January 11, 1937, and in a report to the President from the Acting Secretary of State, dated December 16, 1936, both of which are made a part of this report, and are as follows: [Excerpt from H. Doc. 98, 75th Cong., 1st sess.]

Deportation of enemy aliens from China............

$48, 000

On February 17, 1928, the Japanese Minister for Foreign Affairs addressed to the American Ambassador at Tokyo a note in which, with reference to the expenses incurred in connection with the project for the deportation to Australia of German and Austro-Hungarian subjects in China in 1917-18, it was stated that "it was at that time decided by consultation among the Ministers at Peking (Peiping) of the United States, Japan, France, and Great Britain, that the said expenses should be apportioned in equal shares among the Covernments of these four countries." The note further stated that in connection with the above-mentioned project the Japanese Government, on behalf of the governments concerned, had paid to the Nippon Yusen Kaisha on April 24, 1922, as shown by the written claims and receipts thereto attached, the sum of ¥627,193.56 on account of the preparation of two vessels (the Kumano Maru and the Yawata Maru) for the proposed transportation of former enemy subjects. The Ambassador was requested to transmit this communication to his Government and to take steps to obtain the early payment of the share of the above amount, namely, ¥156,758.39 (156,798.39) which was due from the American Government to the Japanese Government.

Under instructions from the Department of State, dated April 24, 1928, the American Ambassador at Tokyo addressed to the Japanese Minister for Foreign H. Repts., 75-1, vol. 2-21

Affairs, under date of May 18, 1928, a reply similar to the reply previously made to the British Government on July 11, 1924, namely, that inasmuch as the American Government did not, according to its own understanding, undertake at that time to defray any of these expenses and as it appeared to have been definitely informed that the deportations would not take place, the American Government did not feel warranted in assuming any financial responsibility in respect to the expenditures mentioned.

In acknowledging the receipt of the above note from the American Government, the Japanese Minister for Foreign Affairs, in a note dated October 31, 1928, informed the American Ambassador in Tokyo that the Japanese Government had from the outset been persuaded that the expenses in question should be equally apportioned among the Governments of the United States, Japan, Great Britain, and France, for reasons, which were definitely of record in the Japanese Foreign Office, as follows:

"1. When the question of deportation was the subject of discussions among the representatives at Peking of the allied nations, the United States_minister, speaking before a conference of the allied ministers at Peking on December 21, 1917, said in effect that he had been instructed by his Government to afford as much assistance as possible, if the allied nations proceeded to deport enemy subjects from China.

"2. On January 5, 1918, the British Minister told Mr. Yoshizawa, then Japanese Chargé d'Affaires at Peking, that, as Great Britain and France had already decided to bear their respective shares of the deportation expenses, the Japanese Government was likewise desired to bear its own share; that the Eritish Minister bad made the same proposal to the United States Minister, and that the United States Minister had accepted the proposal, saying that he would immediately telegraph to his Government in order to obtain its agreement thereto.

"3. On March 3 (13) of the same year, the counselor to the British Legation at Peking, by direction of the British Minister, visited Mr. Yoshizawa and told him that the American Government, on its part, had decided to bear its share of the expenses."

The Minister for Foreign Affairs further stated that on the basis of the abovementioned facts the Japanese Government, acting on behalf of the four Governments concerned, had chartered from the Nippon Yusen Kaisha two vessels and had caused certain alterations and other preparations to be made for the execution of the projected deportation; that the Nippon Yusen Kaisha had, prior to the subsequent suspension of the project, actually expended in connection with the said preparations the sum of six-hundred-and-twenty-thousand-odd yen referred to in the Foreign Office note of February 17, 1928; that the Japanese Government had, on demand, temporarily paid this amount to the Nippon Yusen Kaisha on behalf of the four Governments concerned; and that it was the view of the Japanese Government that this amount should be equally apportioned among the said Governments in accordance with the understanding which was reached among the representatives at Peking (Peiping) of the United States, Japan, Great Britain, and France at the time when the question of deportation was under discussion.

The note under consideration continued by stating that the protracted negotiations which had been in progress with the British Government on the same subject had recently resulted in an agreement of views between the two Governments with regard to the sums which they had respectively paid on behalf of the four countries; that this agreement had rendered it possible to effect a settlement of accounts between the Governments of Great Britain and of Japan; and that in consequence thereof the Japanese Government had approached the Governments of the United States and of France with a request for the payment of their respective shares of the expenses.

On receipt of the above note from the Japanese Government and on the basis of the information therein contained, a new search of the Department's files on the subject was made. This search revealed two important papers which had not been found at the time of the previous consideration of the claims of the British and the Japanese Governments, namely, the original texts of an exchange of telegrams between the American Minister at Peking (Peiping) and the Department of State, dated respectively February 20, and March 9, 1918, which read as follows:

[Telegram from the American Minister at Peking (Peiping), dated Feb. 20, 1918]

"Your February 19, 7 p. m. British Minister informed me the British Government hopes that the American Government may be willing to share with it and the French the expenses of deportation of enemy subjects from China. I have asked him to suggest tle matter be taken up with you at Washington with full information on probable cost."