Accordingly, an election will be held in Alaska on the 12th of September of the current year to elect a Delegate in Congress whose term will regularly commence on January 3, 1945. The results of that election will probably be definitely known by October 1, 1944, perhaps much earlier.

An act of the Territorial legislature, authorized by the organic act. provides that in the event of a vacancy in the office of Delegate from Alaska. and if the unexpired term exceeds 3 months, the Governor of Alaska shall cause a special election to be held to fill such vacancy and of that special election at least 30 days' notice must be given.

The purpose of the bill is to provide for filling the vacancy that will exist in the office of the Delegate in Congress from Alaska in the event of the resignation of the present Delegate, Mr. Dimond, whose term ends on January 3, 1945. Mr. Dimond has been appointed United States district judge for the Third Judicial Division of the Territory of Alaska, and the Senate has confirmed the appointment. It is appropriate that he undertake the duties of that office as soon as convenient. Since his successor as Delegate for the ensuing regular term will be elected on September 12, it seems desirable to save the trouble and expense of a special election by authorizing the newly elected Delegate to serve out the unexpired term in the event of the present Delegate's resignation. The cost of an election in Alaska is several thousand dollars, and the expense thereof falls on the Federa Government. The newly elected Delegate will come fresh from the people with authority to represent them. It, It, therefore, appears that no good purpose would be served by calling a special election for the election of a Delegate to serve the brief unexpired term when Congress, by exercise of its undoubted power, can here and now authorize such newly elected Delegate to undertake the duties of the office immediately in event of a vacancy therein.

SEPTEMBER 11, 1944.—Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. ELLIOTT, from the Joint Committee on the Disposition of Executive Papers, submitted the following

REPORT

The joint select committee of the Senate and House of Representatives, appointed on the part of the Senate and House of Representatives, and acting in compliance with the provisions of the act approved July 7, 1943 (57 Stat. 380), respectfully reports to the Senate and House of Representatives that it has received and examined the report of the Archivist of the United States, No. 45-6, dated September 4, 1944, to the Seventy-eighth Congress, second session, submitting the following lists or schedules, or parts of lists or schedules, covering records proposed for disposal by the Government agencies indicated:

Your committee reports that the records proposed for disposal in the said lists or schedules, or parts of lists or schedules, reported by the Archivist of the United States do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government and recommends that their disposal be accomplished, subject to the provisions of section 9 of the afore-mentioned act, in accordance

with the regulations promulgated by the National Archives Council under the provisions of said act.

Respectfully submitted to the Senate and House of Representatives.

A. J. ELLIOTT, Chairman.

B. W. GEARHART,

Members on the part of the House.

ALBEN W. BARKLEY,

OWEN BREWSTER,

Members on the part of the Senate.

О

2d Session

No. 1861

PUGET SOUND BRIDGE & DREDGING CO.

SEPTEMBER 11, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. GREEN, from the Committee on Claims, submitted the following

REPORT

(To accompany H. R. 449]

The Committee on Claims, to whom was referred the bill (H. R. 449) for the relief of Puget Sound Bridge & Dredging Co., having considered the same, report favorably thereon with an amendment and recommend that the bill, as amended, do pass.

The amendment is as follows:

Page 1, line 8, strike out the name "Kenny" and insert in lieu thereof the name "Keeny".

The purpose of the proposed legislation is to appropriate the sum of $595 to the Puget Sound Bridge & Dredging Co., of Seattle, Wash., in full settlement of all claims against the United States representing liquidated damages assessed against that company as subcontractor of Semple & Keeny, to whom was awarded contract No. W-1090eng-28, dated February 6, 1931, for dredging and removal of rock at Port Alexander, Alaska.

STATEMENT OF FACTS

It appears that on February 6, 1931, the War Department entered into a contract with Semple & Keeny, a partnership, of Juneau, Alaska, for dredging and rock removal in Port Alexander, Alaska, for a consideration of $18,950. The Puget Sound Bridge & Dredging Co., unsuccessful bidder, performed the work under a subcontract with Semple & Keeny. Upon completion of the work liquidated damages for delay in performance were deducted from payment to Semple & Keeny at the stipulated contract rate, which, it appears were withheld in turn by the prime contractor from the Puget Sound Bridge & Dredging Co.

The contract entered into with Semple & Keeny required work to be commenced within 60 days after date of notice to proceed and to be completed within 180 days thereafter, subject to an allowance of

additional time for removal of material in excess of specified quantities. Under notice to proceed furnished on February 16, 1931, the work was required to be commenced not later than April 16, 1931, and to be completed by August 15, 1931. The contract work was completed on September 25, 1931, a delay of 41 days, for which liquidated damages were assessed against the contractor at the stipulated rate of $35 per day, a total of $1,435.

The contention was made by the contractor that, during the interval between the time of submission of bid and the time work under the contract was commenced, the Coast and Geodetic Survey made a change in the tidal plane elevation of approximately 2 feet, which increased the contractor's drilling footage 22 percent, thereby increasing the time for performance of the work and running it into bad weather in the fall of the year.

A full report is given in detail by the War Department in its letter of February 13, 1940. The Department has no objection to the enactment of this bill. Therefore, your committee recommend that the proposed legislation be favorably considered.

Appended hereto is the report of the War Department, together with other pertinent information.

Hon. AMBROSE J. KENNEDY,

Chairman, Committee on Claims,

WAR DEPARTMENT, Washington, February 13, 1940.

House of Representatives, Washington, D. C.

DEAR MR. KENNEDY: Reference is made to your letter of January 15, 1940, transmitting for report a copy of H. R. 4139, a bill for the relief of the Puget Sound Bridge & Dredging Co.

Under the terms of the measure it is proposed to authorize payment of $595 representing liquidated damages assessed against that company as subcontractor of Semple & Keeny (spelled Kenny in the bill), a partnership, of Juneau, Alaska, to whom was awarded contract No. W-1090-eng-28, dated February 6, 1931, for dredging and removal of rock at Port Alexander, Alaska.

On February 6, 1931, the War Department entered into a contract with Semple & Keeny, a partnership, of Juneau, Alaska, for dredging and rock removal in Port Alexander, Alaska, for a consideration of $18,950. The Puget Sound Bridge & Dredging Co., unsuccessful bidder, performed the work under a subcontract with Semple & Keeny. Upon completion of the work liquidated damages for delay in performance were deducted from payment to Semple & Keeny at the stipulated contract rate, which it appears were withheld in turn by the prime contractor from the Puget Sound Bridge & Dredging Co.

The contract entered into with Semple & Keeny required work to be commenced within 60 days after date of notice to proceed and to be completed within 180 days thereafter, subject to an allowance of additional time for removal of material in excess of specified quantities. Under notice to proceed furnished on February 16, 1931, the work was required to be commenced not later than April 16, 1931, and to be completed by August 15, 1931. The contract work was completed on September 25, 1931, a delay of 41 days, for which liquidated damages were assessed against the contractor at the stipulated rate of $35 per day, a total of $1,435.

The records disclose that the contractor sent one man to Port Alexander on April 16, 1931, but without equipment, and that the first actual preparatory work under the contract was begun on the site by hand drilling at the lagoon entrance on May 1, 1931. This work continued until May 5, 1931, when it was abandoned as unprofitable. No further operations were performed until May 31, 1931. Since the 5 days' hand drilling was not considered as an actual commencement of the work, the contractor was determined to have lost a total of 45 days. Although drilling was resumed on May 31 at the inner lagoon entrance, work was not begun at the outer lagoon entrance until June 13, 1931. The daily log of the inspector