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Mr. DALE, from the Committee on Commerce, submitted the following

REPORT

[To accompany S. 4064)

а

The Committee on Commerce, to whom was referred the bill (S. 4064) to extend the times for commencing and completing the construction of a bridge across the Des Moines River at or near Croton, Iowa, have considered the same and report thereon with an amendment, and as so amended recommend that the bill do pass.

The bill thus amended has the approval of the Department of War as will appear by the annexed communication; the amendment referred to therein having been incorporated in the bill as reported.

Line 8, after the figures "1928”, insert the following: "and heretofore extended by the act of Congress approved March 2, 1929,".

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WAR DEPARTMENT, A pril 9, 1930. Respectfully, returned to the chairman Committee on Commerce, United States Senate.

So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration of the accompanying bill (S. 4064, 71st Cong., 2d sess.), to extend the times for commencing and completing the construction of a bridge across the Des Moines River at or near Croton, Iowa, if amended as indicated in red thereon.

F. TRUBEE DAVISON,

Acting Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., April 9, 1930. Hon. HIRAM W. JOHNSON, Chairman Committee on Commerce,

United States Senate. DEAR SENATOR: Receipt is acknowledged of your letter of April 3, transmitting a copy of a bill (S. 4064) with request that the committee be furnished with such suggestions touching its merits and the propriety of its passage as the department might deem appropriate.

This bill would extend for one and three years, respectively, from May 22, 1930, the times for commencing and completing the construction of the bridge across the Des Moines River at or near Croton, Iowa, authorized by act of Congress approved May 22, 1928, and heretofore extended by act of Congress approved March 2, 1929, to be built by Henry Horsey, Winfield Scott, A. L. Ballegoin, and Frank Schee, their heirs, legal representatives, and assigns. When the original bill to authorize the construction of this bridge and the bill extending the times for commencing and completing such construction were pending before your committee this department made adverse reports thereon. It still is the view of the department that a private toll bridge should not be built at this point. It, therefore, recommends against favorable action on the bill. Sincerely,

R. W. DUNLAP, Acling Secretary.

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EXCHANGE OF CERTAIN REAL PROPERTY BETWEEN UNITED STATES GOVERNMENT AND THE GULF, MOBILE & NORTHERN RAILROAD CO.

May 21, 1930.-Ordered to be printed

Mr. STEPHENS, from the Committee on Commerce, submitted the

following

REPORT

(To accompany S. 4481)

The Committee on Commerce, to whom was referred the bill (S. 4481) authorizing the exchange of certain real properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co., by the appropriate conveyances containing certain conditions and reservations, having considered the same, report favorably thereon, and recommend that the bill do pass with the following amendment:

On page 3, in line 19, strike out the word “northwest” and insert "northeast.

Nearly 100 years ago the Government acquired for lighthouse purposes a portion of what is known as “Choctaw Point” in Mobile. İt faces on Mobile Bay. The Government made little use of it until about 1900. In 1905 Congress passed an act granting the use of this property to the Mobile, Jackson & Kansas City Railroad Co., a predecessor in title of the Gulf, Mobile & Northern. Under the grant the railroad company was allowed to use the property for railroad purposes in consideration of the company furnishing certain facilities to the Bureau of Lighthouses. The company was to construct a pier and allow the Bureau of Lighthouses to establish a depot on the outer end, and the company was to maintain the pier and the support for the depot and keep the slips on the sides properly dredged, and was also to furnish a roadway for the Government employees for ingress and egress.

The railroad and the Government have used the property side by side all these years, but the business of the lighthouse has very considerably increased and the Government needs more space. The railroad's business has increased. The result has come about that

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EXCHANGE OF CERTAIN REAL PROPERTY

the railroad and the Government are in each other's way and it is desired by both parties to make a change.

About a year ago negotiations were actively entered upon between the officials of the railroad companies and Mr. Lamphier, the superintendent of lighthouses, whose office is in New Orleans. About last September they reached an agreement under which a large portion of the land of which there was originally about 4 acres) should be released to us by the Government and the railroad in turn should convey to the Government for lighthouse purposes the pier now occupied by the lighthouse department, together with a strip of land about 190 feet along the water front and 80 feet deep, and the railroad was further obligated to build no other piers close enough to the lighthouse pier to interfere with the free use by the lighthouse board of slips or channels along their pier for the accommodation of boats. The pier is something over 1,000 feet long, and the railroad is to provide a roadway for ingress and egress.

This agreement made with the superintendent was approved by the Commissioner of Lighthouses at Washington and by the Secretary of Commerce. It was found necessary to have Congress pass an act giving the Lighthouse Bureau or the Department of Commerce the authority to carry out the agreement. The bill for that purpose was prepared by the Department of Justice and was approved by the Department of Commerce, and then the draft of the bill was sent to the United States district attorney at Mobile, who had previously had occasion to acquaint himself with the situation. He suggested some minor changes, after a conference at Mobile between a representative of the railroad, Mr. Lamphier, the superintendent of lighthouses, and the district attorney.

The bill also has the approval of the Bureau of the Budget, as will appear by the annexed communications, which are made a part of

this report.

May 17, 1930.
Hon. James S. PARKER,
Chairman Committee on Interstate and Foreign Commerce,

House of Representatives, Washington, D. C. MY DEAR CONGRESSMAN: Referring to department's letter of May 16, reporting on H. R. 12231, entitled “Authorizing the exchange of certain real properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co. by, the appropriate conveyances containing certain conditions and reservations, my attention has been called to an error in section 2, paragraph (a), line 19. The word “northwest” should be “northeast.' It is recommended that the bill be amended so as to substitute the word “northeast” for the word “northwest" in said section. Very truly yours,

E. F. MORGAN,
Acting Secretary of Commerce.

May 17, 1930.
Hon. James S. PARKER,
Chairman Committee on Interstate and Foreign Commerce,

House of Representatives, Washington, D. C.
My Dear MR. CHAIRMAN: I have your letter of the 15th instant, relative to
H. R. 12231, which would authorize the Secretary of Commerce to convey to the
Gulf, Mobile & Northern Railroad Co. the Choctaw Point Lighthouse Reserva-
tion, Mobile County, Ala., in exchange for and dependent upon the said railroad

conveying to the United States, by warranty deed and such abstracts and certifications as may be necessary to convey a title acceptable to the Attorney General, a certain described parcel of land and a pier known as the Gulf, Mobile & Northern Railroad Co. Pier No. 3.

This bill has been considered by this department and I know of no objection to its approval.

However, in checking the printed bill with a typewritten copy on file in this department, I find that the word “northwest" on page 3, line 19, of the printed bill appears as “northeast” in the typewritten copy; and on inquiry am informed by the Lighthouse Bureau of the Department of Commerce that the word should be "northeast." Respectfully,

Thomas D. THACHER,

Acting Attorney General.

May 14, 1930. Memorandum for the Secretary of Commerce.

1. The bureau is returning herewith letter of May 8, 1930, from the chairman of the House Committee on Interstate and Foreign Commerce, requesting a report on H. R. 12231, entitled, “Authorizing the exchange of certain real properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co., by the appropriate conveyances containing certain conditions and reservations."

2. Under authority of the act of Congress dated April 23, 1902 (32 Stat. 119), the Mobile, Jackson & Kansas City Railroad Co. was granted permission to build and construct wharves, docks, piers, and other structures, for use in the operation of its railroad, upon a tract of land at Choctaw Point, Mobile County, Ala., and now held by the United States for lighthouse purposes. The Gulf, Mobile & Northern Railroad Co., succeeded to the rights of the Mobile, Jackson & Kansas City Railroad Co. and subsequently entered into a sublease with the Continental Roofing Co., authorizing the latter to construct two oil tanks and a pumping station on the property. A protest was made by the Lighthouse Service against such use of the property, on the ground that this use was not authorized by the act of 1902.

3. Under section 4 of the act of 1902, the United States reserved the right to repossess the property at any time, upon making, just compensation for the structures. The Lighthouse Service is in need of greater depot facilities at Mobile, and by department letter of March 7, 1928, the matter was taken up with the Attorney General, with request that the property be repossessed by such legal measures as might be necessary. After considerable correspondence it was decided that the best way to settle the matter was by an exchange of property between the Lighthouse Service and the Gulf, Mobile & Northern Railroad Co., and terminating the lease arrangement.

4. H. R. 12231 appears to be in satisfactory form and it is recommended that the department report favorably thereon, if there is no objection.

G. R. PUTNAM, Commissioner of Lighthouses.

BUREAU OF THE BUDGET,

Washington, May 15, 1930. Hon. ROBERT P. LAMONT,

Secretary of Commerce. MY DEAR MR. SECRETARY: I have your letter of the 12th instant concerning H. R. 12231, a bill “Authorizing the exchange of certain real properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co., by the appropriate conveyances containing certain conditions and reservations.'

You are advised that in so far as the financial program of the President is concerned, there is no objection to your proposed report. Sincerely yours,

J. CLAWSON ROOP, Director.

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