ADDITION OF CERTAIN LANDS TO THE MESA VERDE NATIONAL PARK, COLO. JANUARY 19, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. EATON of Colorado, from the Committee on the Public Lands, submitted the following REPORT [To accompany H. R. 15876] The Committee on the Public Lands, to whom was referred the bill (H. R. 15876,) to provide for the addition of certain lands to the Mesa Verde National Park, Colo., and for other purposes, having considered the same, report favorably thereon and recommend that it do pass without amendment. The land to be added in this instance is to be donated to the Government, and the purpose of this legislation is to make it a part of the national park, so as to be under the jurisdiction of the National Park Service. As stated in the bill, this bill proposes to protect the roadsides from unsightly structures. The bill has the recommendation of the Secretary of the Interior, as shown in a letter addressed to the chairman of the Public Lands Committee. The letter is made a part of the report and appears below. DEPARTMENT, OF THE INTERIOR, Hon. DoN B. COLTON, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. CHAIRMAN: In response to your request for a report on H. R. 15876, which is a bill to provide for the addition of certain lands to Mesa Verde National Park in Colorado, and for other purposes, I transmit herewith a memorandum on the subject that has been submitted by Director Albright, of the National Park Service. After a review of the proposed measure, I agree with Mr. Albright. Very truly yours, RAY LYMAN WILBUR, Secretary. 2 ADD LANDS TO THE MESA VERDE NATIONAL PARK, COLO. DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, Memorandum for the Secretary. Reference is made to letter dated January 8, 1931, from the chairman Committee on the Public Lands, House of Representatives, inclosing copy of H. R. 15676, entitled "A bill to provide for the addition of certain lands to the Mesa Verde National Park, Colorado, and for other purposes," with request for report thereon. This proposed legislation would authorize the President of the United States, upon the recommendation of the Secretary of the Interior, to add to the Mesa Verde National Park, Colo., by Executive proclamation, certain land along and including the Point Lookout Road, located between the present western boundary of the park and the Cortez-Mancos Highway, a distance of a little over a mile. Information on file in this office indicates that the county which now owns the roadbed of this highway is willing to donate the same to the United States, and that the owner of the private property along this road has offered to convey to the United States, also as a donation, a right of way extending 100 feet on each side of the road. The bill would also authorize the acquisition by gift or by exchange of such additional lands within sections 29 and 32, township 36 west, range 14 west, New Mexico principal meridian, for addition to the park as might be required for the proper protection of the scenery along the said approach road to the park. The authority contained in this proposed legislation would be very desirable for the protection of the scenic approach to the park over this connecting highway and would permit widening of the strip of land 260 feet wide now assured the Government by donation by exchanges for public lands within the sections involved where such distance would not be considered sufficient for the adequate protection of the road from unsightly buildings or other structures which impair roadside scenery. The county has improved the road within the past year, so that the only expense would be for maintenance, which is estimated at approximately $300 per annum. This extension will permit, however, the construction of a park entrance checking station, now appropriated for at a more suitable location, so that the maintenance charges thereof will be somewhat reduced. This proposed extension is so beneficial in every way to the park and the public that the extremely small increased cost is more than justified. I have to recommend that this bill be given favorable consideration by the department and Congress. HORACE M. ALBRIGHT, Director. VOLUNTEER OFFICERS AND SOLDIERS WHO SERVED IN THE PHILIPPINE ISLANDS BEYOND THE PERIOD OF THEIR ENLISTMENT JANUARY 19, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. HOOPER, from the Committee on War Claims, submitted the following REPORT [To accompany H. R. 9333] The Committee on War Claims, to whom was referred the bill (H. R. 9333) entitled "A bill for the relief of volunteer officers and soldiers in the volunteer service of the United States who served in the Philippine Islands beyond the period of their enlistment, and for other purposes," having considered the same, report thereon with a recommendation that it do pass as amended. Strike out all after enacting clause and insert the following: That all officers and soldiers of the volunteer service of the United States mustered into service for the war with Spain who were held to service in the Philippine Islands for service in the Philippine insurrection after April 11, 1899, and after the conclusion of peace with the Kingdom of Spain, shall be entitled to the travel pay and allowance for subsistence provided in sections 1289 and 1290, Revised Statutes, as then amended and in effect, as though discharged April 11, 1899, by reason of expiration of enlistment, and appointed or reenlisted April 12, 1899, without deduction of the travel pay and subsistence paid such officers or soldiers on final muster out subsequent to April 11, 1899. SEC. 2. Claims hereunder shall be settled in the General Accounting Office and shall be payable to the officer or soldier, or to his widow, or to his legal representative: Provided, That no claim hereunder shall be allowed to a legal representative without proof of the existence of blood relations of the officer or soldier, as are defined in the Act of June 30, 1906 (34 Stat. L. 750), to whom the fund would be distributed: And provided further, That where the payment to be made under this act is less than $500 and the person who rendered the service is dead, is not survived by a widow, and no demand is presented by a duly appointed legal representative of his eatate, payment may be made to the decedent's legal heirs as provided by existing acts relating to the settlement of accounts of deceased officers or soldiers of the army (34 Stat. L. 750). SEC. 3. The Comptroller General is authorized and directed to certify to the Congress, pursuant to the provisions of section 2 of the act of July 7, 1884 (U. S. C., title 5, sec. 266), all claims allowed hereunder. SEC. 4. Applications for the benefits of this act shall be filed within three years after the date of its passage. SEC. 5. Payment to any attorney or agent for such assistance as may be required in the preparation and execution of the necessary papers in any application under this act shall not exceed the sum of $10: Provided, That this limitation shall not apply to attorneys employed by claimants entitled to the benefits of this act who were active in the prosecution of their claim before Congress, to whom a fee of not to exceed 10 per centum of the amount found to be due may be allowed. Any person collecting or attempting to collect a greater amount than is herein allowed shall be deemed guilty of a misdemeanor and shall be punishable by a fine of not more than $500 or by imprisonment for not more than two years, or by both such fine and imprisonment. Amend the title so as to read: A bill for the relief of officers and soldiers of the volunteer service of the United States mustered into service for the war with Spain and who were held to service in the Philippine Islands after the ratification of the treaty of peace, April 11, 1899 The purpose of this bill is to pay to certain officers and soldiers in the volunteer service of the United States who enlisted in pursuance of section 1, act of April 22, 1898 (30 Stat. 361) * * * That the Volunteer Army shall be maintained only during the existence of war, or while war is imminent Provided, That all enlistments for the Volunteer Army shall be for a term of two years, unless sooner terminated, and that all officers and men composing said Army shall be discharged from the service of the United States when the purposes for which they were called into service shall have been accomplished, or on the conclusion of hostilities. for the war with Spain, and who, voluntarily remained in service in the Philippine Islands after the conclusion of peace with the Kingdom of Spain on April 11, 1899, for a period of several months for the purpose of engaging in the suppression of the Philippine insurrection which began in February, 1989. Their retention in service followed an exchange of cablegrams between Adjutant General Corbin and General Otis, in command in the Philippines. On March 6, 1899, Adjutant General Corbin cabled, quoting section 15, act of March 2, 1899 (30 Stat. 981), in part, as follows: Section 15 of the Army bill reads in part as follows: "That the President is authorized to enlist temporarily in service for absolutely necessary purposes in the Philippine Islands volunteers, officers and men, individually or by organization, now in those islands and about to be discharged, provided their retention shall not extend beyond the time necessary to replace them by troops authorized to be maintained under the provisions of this act and not beyond a period of six months." The President inquires as follows: "If we are not able to get you sufficient forces to replace volunteers under your command before exchange of ratification of treaty, will you be able to enlist your present volunteer force under this section?" On March 16, 1899, General Otis replied as follows: "Believed after inquiry majority volunteer organizations willing to reenlist for six months from ratification of treaty, provided that upon original discharge are paid traveling allowances to places of muster in, and that after expiration of second enlistment they are transported to those places by United States." This reply from General Otis was based on responses he had received from the several organizations of volunteers under his command to whom the inquiry from the President had been submitted. In some units the inquiry had been read to the men by their officers and voted upon, while in others where the men were scattered the officers had spoken for the men and agreed to reenlist and stay for the period required, not to exceed six months. The condition contained in the cablegram was in substance a statement of the law then in effect governing travel pay allowances to officers and men discharged (honorably) and who were again appointed or who reenlisted. On March 25, 1899, a general advance was ordered against the insurrectionists, and from that date until in June these volunteer troops were in active combat-some of them longer-in the campaign against the insurrectionists. They were required to meet unusual hardships in this campaign, fighting as they were under a tropical sun, badly equipped, without adequate food and water, and continually harassed by surprise attacks. When the date of the exchange of ratifications of the treaty of peace arrived, April 11, 1899, these volunteers were in the field and continued so for months. It would have been a physical impossibility to have effected the signing of a muster-out roll and a muster-in roll, so that the service of these men would actually show a discharge and a reenlistment or reappointment, but these officers and soldiers believed when they accepted the duty of remaining on so long as their services were required in the Philippine Islands, not to exceed six months, that they had in effect reenlisted. Their services in the field were accepted and utilized by the Government following almost immediately the agreement to remain in service until troops to replace them could be supplied. This service in active combat continued until after the date of the conclusion of peace with Spain, for some units not longer than three months, for others and most of the troops in the volunteer service of the United States for the greater part of six months. Had these officers and soldiers insisted upon heir discharge as of the date of the conclusion of peace with Spain it would have meant the abandonment of the islands to the insurrectionists except for the very limited number of Regular Army troops then in the islands. The result would have been the retaking by the Aguinaldo forces of the territory then held by these volunteers, the strengthening of the insurrectionist organization, and the expenditure of many millions not only for the transportation of another army to take up the fight again but also for a long and fierce combat by nonacclimated troops against well-equipped and well-organized native soldiers accustomed to he climate and acquainted with the country. The organized insurrection was broken by the continuous drive of the volunteers and the replacement troops which took their places had but to clear the country of unorganized detached bands. It is pertinent to remark here that the insurrectionists, numbering between 30,000 and 40,000, had been equipped and trained by the United States and had been cooperating with American troops in the war with Spain, and that, knowing the volunteers were entitled to be discharged when the war with Spain terminated, they counted upon the withdrawal of the volunteers to make it possible for them to gain control of the islands. and eventually their independence. It is obvious that there is no legal liability on the part of the Government because the formality of mustering the troops out and mustering them in as again appointed officers and reenlisted soldiers did not take place; but the men did perform valiant service for which they were commended by President McKinley and which Congress recognized by the awarding of a special medal; they did remain in service for from three to six months beyond the termination of the war with Spain on April 11, 1899, on which date they were entitled to their discharge; and they did this all believing that they were to |