REGULATIONS AND ADMINISTRATION

The Secretary of the Interior is authorized to make all reasonable and necessary regulations for carrying into effect the purposes of this act.

If this bill should pass and the Secretary of the Interior put into effect its provisions it will decrease the annual payment which farmers residing in those districts are now compelled to pay in the nature of drainage or levee taxes, more than four-fifths and yet provide an adequate sinking fund to take care of the loan at maturity. It is real agricultural relief extended to the most depressed of all America's agriculturalists. It is not a gift. It is not designed or calculated to cost the Government one dollar, but is a worthy and much needed extension of Government credit to the farmers living within these areas.

The question of the constitutional power of Congress to extend this aid has been discussed. There seems, however, to be no valid objection that could be urged against this exercise of power by Congress.

This legislation follows the pathway marked out by Congress in the creation of the several reclamation projects the provisions of which have been approved by the Supreme Court.

Commencing with the reclamation act of 1902, which passed under the scrutiny of the court in the United States v. Hanson (167 Fed. 881); another phase of it-Burley v. United States (179 Fed. 1) and (172 Fed. 615). Both sustained the constitutionality of the act.

The first decisions dealt with the establishment of reclamation projects where the lands embraced within the district were public lands, but by the act of June 12, 1906, the provisions of the reclamation act were extended to the State of Texas in which State there were no Government-owned public lands. In the last cited case the court sustained the constutionality of said act extending the reclamation act to that State.

The Federal farm loan act is also of a kindred nature and the constitutionality of that act was sustained by the Supreme Court in Smith v. Kansas City Title & Trust Co. (225 U. S. 180). Of passing interest in that case is the fact that the present Chief Justice appeared for the appellee as counsel.

The War Finance Corporation was an exercise of a similar power and has been sustained by the court. The agricultural marketing act of 1929 was an exercise of similar power. Therefore, it would seem that no constitutional inhibition against the enactment of this proposed act could be urged.

The benefits sought to be conferred would reach a class of farmers who have suffered most-who have made the greatest sacrifice to promote national prosperity and are all the more entitled to this extension of Government credit.

O

71ST CONGRESS 2d Session

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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:

Hon. W. FRANK JAMES,

Chairman Committee on Military Affairs,

FEBRUARY 7, 1930.

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,

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:

Hon. DAVID A. REED,

Chairman Committee on Military Affairs,

WAR DEPARTMENT, Washington, May 17, 1930.

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