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71st CONGRESS

2d Session

SENATE

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REPORT No. 776

RIGHT OF WAY TO WINTHROP, MASS., OVER FORT BANKS

MILITARY RESERVATION

MAY 29 (calendar day, JUNE 2), 1930.-Ordered to be printed

Mr. PATTERSON, from the Committee on Military Affairs, submitted

the following

REPORT

[To accompany H. R. 6591)

The Committee on Military Affairs, to which was referred the bill (H. R. 6591) authorizing the Secretary of War to grant to the town of Winthrop, Mass., a perpetual right of way over such land of the Fort Banks Military Reservation as is necessary for the purpose of widening Revere Street to a width of 50 feet, having considered the same, report favorably thereon with the recommendation that it do pass.

The House report on this bill, which explains its purpose, is made a part of this report and reads as follows:

The Committee on Military Affairs, to whom was referred the bill (H. R. 6591) authorizing the Secretary of War to grant to the town of Winthrop, Mass., a perpetual right of way over such land of the Fort Banks Military Reservation as is necessary for the purpose of widening Revere Street to a width of 50 feet, introduced by Mr. Underhill, having considered the same, report thereon with the recommendation that it do pass.

This is a measure to permit the widening of the street in the town of Winthrop, Mass., that borders the Fort Banks Military Reservation. Your committee is advised that several accidents have happened because of the present street being as it is. There has been a practical agreement between the town authorities and the military authorities resulting in the introduction of this bill to accomplish the purpose desired.

The author of the bill, Hon. Charles L. Underhill, has submitted the following letter:

FEBRUARY 7, 1930. Hon. W. FRANK JAMES, Chairman Committee on Military Affairs,

House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: Referring to H. R. 6591. Thank you for your early consideration of this bill. The situation is acute, several fatal accidents having occurred at this point on the highway. The sooner the bill is passed, the better it will be for the safety of the people.

Referring to the letter of December 19 from the Secretary of War. I see no objection to the restrictions which he proposes to impose on the town of Winthrop. It is not intended, nor is it necessary that these details shall be a part of the bill, for it already provides that this project shall be “subject to such conditions, restrictions, and reservations as the Secretary of War may impose for the protection of the reservation.” Sincerely yours,

CHARLES L. UNDERHILL. The favorable comment of the War Department on this measure is as follows:

DECEMBER 19, 1929. Hon. W. FRANK JAMES, Chairman Committee on Military Affairs,

House of Representatives. DEAR MR. JAMES: Careful consideration has been given to the bill (H. R. 6591) to authorize the Secretary of War to grant to the town of Winthrop, Mass., a perpetual right of way over such land of the Fort Banks Military Reservation as is necessary for the purpose of widening Revere Street to a width of 50 feet, transmitted with your letter of December 6, 1929, with request for a report thereon and such views relative thereto as the department might desire to communicate.

There is no existing law on this subject.

No objection is interposed to the proposed legislation. However, if enacted into law, it is proposed to impose the following restrictions for the protection of the reservation:

“The width of 50 feet will be uniform, and will not be exceeded opposite any part of the reservation at the expense of the military reservation. No part of the reservation shall be used for the widening of the street until this street has been widened to at least 50 feet in both directions throughout the limits of the town. No trees on the reservation property will be destroyed.” Sincerely yours,

PATRICK J. HURLEY,

Secretary of War. O

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SENATE

71st CONGRESS

2d Session

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REPORT No. 777

IMPROVEMENT TO APPROACH TO THE CONFEDERATE

CEMETERY, FAYETTEVILLE, ARK.

May 29 (calendar day, JUNE 2), 1930.—Ordered to be printed

Mr. STECK, from the Committee on Military Affairs, submitted the

following

REPORT

[To accompany S. 4247]

The Committee on Military Affairs, to which was referred the bill (S. 4247) to provide for the improvement of the approach to the Confederate Cemetery, Fayetteville, Ark., having considered the same, report favorably thereon with the recommendation that it do pass.

While the Acting Secretary of War has made an adverse report on this bill on the grounds that it is one of several Governmentowned approach roads to national cemeteries and national parks which have been returned to cities and States on account of their being parts of local highway systems and used as such rather than as approaches to the particular cemeteries or parks, your committee has been convinced, upon investigation of the matter, that this particular road is used exclusively as an approach to the Fayetteville National Cemetery, and therefore it is proper that this authorization be made.

The report of the Acting Secretary of War to the chairman of the Senate Committee on Military Affairs, dated May 17, 1930, is made a part of this report and reads as follows:

WAR DEPARTMENT,

Washington, May 17, 1930. Hon. DAVID A. REED, Chairman Commitiee on Military Affairs,

United States Senate. DEAR SENATOR REED: Careful consideration has been given to the bill (S. 4247) to provide for the improvement of the approach to the Confederate Cemetery, Fayetteville, Ark., which you transmitted to the War Department under date of May 9, 1930, with a request for information and the views of the department relative thereto.

There are no applicable provisions of existing law on the subject, except the act of March 3, 1925 (43 Stat. 1104), which authorizes the Secretary of War to convey to the States in which located Government-owned or approach roads to national cemeteries and national military parks.

Under the provisions of the above law the Secretary of War under date of July 7, 1926, conveyed to the city of Fayetteville, Ark., the Government-owned approach road to the Fayetteville National Cemetery. A number of other national cemetery and national military park approach roads which are part of the local highway systems, have been returned to the cities and States in which they are situated. The general policy adopted by the War Department to carry out the provisions of the above law, is to return to the cities, counties, or States all Government-owned or controlled approach roads to national cemeteries and military parks which have become more important as parts of the local highway systems than as cemetery or park approaches, thus placing on the cities and States the cost of maintenance, which should be borne by the local taxpayers.

In view of the above policy adopted by the War Department to carry out the provisions of the act of Congress approved March 3, 1925, with reference to Government-owned or controlled cemetery and military park roads, the department can not consistently approve a measure for improving a road to a cemetery which the Government does not own or control. For the above reasons, it is recommended that S. 4247 be not enacted into law. Sincerely yours,

F. TRUBEE DAVISON,

Acting Secretary of War

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SENATE

71ST CONGRESS

2d Session

REPORT No. 781

PHILIPPINE INDEPENDENCE

MAY 29 (calendar day, JUNE 2), 1930.-Ordered to be printed

Mr. Hawes, from the Committee on Territories and Insular Affairs,

submitted the following

REPORT

[To accompany S. 3822)

Your Committee on Territories and Insular Affairs, to whom was referred a number of bills providing for, or relating to, Philippine independence, respectfully report that they have considered all such bills, and a majority of the committee reports favorably S. 3822, “A bill to provide for the withdrawal of the sovereignty of the United States over the Philippine Islands and for the recognition of their independence; to provide for notification thereof to foreign governments; to provide for the assumption by the Philippine government of obligations under the treaty with Spain; to define trade and other relations between the United States and the Philippine Islands on the basis of a progressive scale of tariff duties preparatory to complete independence; to provide for the calling of a convention to frame a constitution for the government of the Philippine Islands; to provide for certain mandatory provisions of the proposed constitution; to provide for the submission of the constitution to the Filipino people and its submission to the Congress of the United States for approval; to provide for the adjustment of property rights between the United States and the Philippine Islands; to provide for the acquisition of land by the United States for coaling and naval stations in the Philippine Islands; to continue in force certain statutes until independence has been granted, and for other purposes," and recommends that it

" do pass with the following amendments:

(1) On page 5, line 2, between the words “of” and “an”, insert the following: "an adequate system of sanitation and”.

(2) On page 6, line 3, between the words "States" and "Commissioner”, insert the word “High”.

(3) On page 16, line 9, strike out the words “such termination” and in their place insert the following: "the passage of this act".

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