71ST CONGRESS 2d Session } SENATE { REPORT No. 868 BRIDGE ACROSS THE CHOCTAWHATCHEE RIVER, FREEPORT, FLA. JUNE 9, 1930.-Ordered to be printed Mr. DALE, from the Committee on Commerce, submitted the following REPORT [To accompany S. 4585] The Committee on Commerce, to whom was referred the bill (S. 4585), authorizing the State of Florida, through its highway department, to construct, maintain, and operate a free highway bridge across the Choctawhatchee River, near Freeport, Fla., having considered the same, report favorably thereon, and recommend that the bill do pass without amendment. The bill has the approval of the Departments of War and Agriculture, as will appear by the annexed communications, which are made a part of this report. Respectfully returned to the chairman States Senate. WAR DEPARTMENT, June 2, 1930. 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. 4585, 71st Cong., 2d sess.) authorizing the State of Florida, through its highway department, to construct a free highway bridge across the Choctawhatchee River, near Freeport, Fla. F. TRUBEE DAVISON, DEPATMENT OF AGRICULTURE, Hon. HIRAM W. JOHNSON, Chairman Committee on Commerce, United States Senate. DEAR SENATOR: Receipt is acknowledged of your letter of May 28, transsmitting a copy of a bill (S. 4585) with the 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 authorize the State of Florida, through its highway department, its successors and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Choctawhatchee River at a point east of Freeport, connecting the counties of Washington and Walton. The location indicated for the proposed bridge is not on the system of Federal-aid highways approved for the State of Florida. However, the authorization would be granted to the State of Florida and favorable action on the bill is recommended. R. W. DUNLAP, Acting Secretary. Sincerely, 71ST CONGRESS 2d Session } SENATE { REPORT No. 869 SALE OF UNDISPOSED-OF PORTION OF CAMP TAYLOR, KY. June 9, 1930.-Ordered to be printed Mr. ROBSION of Kentucky, from the Committee on Military Affairs, submitted the following REPORT [To accompany S. 4636] The Committee on Military Affairs, to which was referred the bill (S. 4636) to authorize the Secretary of War to resell the undisposedof portion of Camp Taylor, Ky., approximately 328 acres, and to also authorize the appraisal of property disposed of under authority contained in the acts of Congress approved July 9, 1918, and July 11, 1919, and for other purposes, having considered the same, report favorably thereon with the recommendation that it do pass. The passage of this bill is desired by the War Department, and there is made a part of this report a letter from the Secretary of War to the chairman of the Senate Committee on Military Affairs, urging the introduction of such a measure, and explaining its purpose. letters reads as follows: Hon. DAVID A. REED, Chairman Committee on Military Affairs, The WAR DEPARTMENT, Washington, June 21, 1929. United States Senate. DEAR SENATOR REED: It is requested that the following draft of a bill be introduced and enacted into law: "A BILL To authorize the Secretary of War to resell the undisposed of portion of Camp Taylor, Kentucky, approximately 328 acres, and to also authorize the appraisal of property disposed of under authority contained in the acts of Congress approved July 9, 1918, and July 11, 1919, and for other purposes "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is hereby authorized to resell, under such terms as he deems to be to the best advantage of the Government, that portion of Camp Taylor, Kentucky, approximately 328 acres, which was sold under authority of the act of Congress approved February 28, 1920 (41 Stat. 453, 454), but which sales were not consummated by the respective purchasers. The Secretary of War is also authorized to have said land appraised, the cost of such appraisal to be paid from the proceeds derived from the resale; and the net proceeds of such resale shall be deposited in the Treasury to the credit of the fund known as the military post construction fund. "That the Secretary of War is hereby authorized to appoint and choose appraisers of the surplus real estate of the War Department which may be disposed of under the provisions of the acts of Congress approved July 9, 1918 (40 Stat. 850) and July 11, 1919 (41 Stat. 129) and that payment for the services of such appraisers shall be paid out of the proceeds of the sale of real estate before the net proceeds of such sales are deposited in the Treasury to the credit of the fund known as the military post construction fund, and furthermore, that the cost of the appraisal of the Peter Lyall plant, at Montreal, Canada, and the cost of appraisal of other surplus real estate of the War Department heretofore sold under the provisions of the acts of Congress approved July 9, 1918, and July 11, 1919, shall be paid from the proceeds of sale of surplus real estate of the War Department not as yet deposited in the Treasury.' The provisions of existing law that would be modified or directly affected by the legislation above requested would be that portion of an act of Congress approved February 28, 1920, supra, which limited the time in which to complete the sale of Camp Taylor, Ky., to June 30, 1921. The legislation would also affect the acts of Congress approved July 9, 1918 (40 Stat. 850), and July 11, 1919 (41 Stat. 129), by authorizing the employment and payment of appraisers chosen to make appraisals of real estate of the War Department sold under the provisions of these two acts. The reasons the proposed legislation should be enacted into law are as follows: (a) The land at Camp Taylor, Ky., consisting of approximately 2,050 acres and the buildings were authorized for sale by the act of February 28, 1920, supra. Under the authority contained in said act the property was sold at auction prior to June 30, 1921, but some of the purchasers have failed to consummate their respective purchases. The Attorney General in an opinion on the subject has expressed serious doubt whether I now have authority under the original act of February 28, 1920, to resell this property since my authority to make such sales expired on June 30, 1921, the date fixed in that act, and in order to resell the property and be assured of passing good title additional legislation should be procured granting such authority. It might be possible to enforce the rights of the Government against the previous purchasers of some of these tracts or against the agent of the United States through whom the property was sold, but this is not deemed to be in the interest of the Government in view of the rise in values which has taken place since the day of the previous sale. (b) It has been the practice to cause appraisals to be made of real estate which has been authorized for disposal. This precaution has been considered necessary and it is believed should be continued in order that the interest of the Government may be adequately protected. In obtaining these appraisals it has been endeavored to utilize the services of the most competent appraisers available, it being impracticable to obtain an authoritative appraisal of properties throughout the United States by Government personnel. This practice seems to be in accord with the procedure directed by the act of Congress approved March 12, 1926 (44 Stat. 203), and other later and similar acts authorizing disposal of surplus real estate of the War Department. The Comptroller General of the United States, whose decisions are binding on accounting officers of the Government, held under date of February 28, 1928, that the employment of appraisers was not authorized in cases of sales under the acts of July 9, 1918, supra, and July 11, 1919, supra, for the reason, as stated by him, that said acts did not specifically require that appraisals be made. (c) There are now two vouchers of the American Appraisal Co. aggregating $2,000, which can not be paid in view of the decision of the comptroller referred to above. The vouchers cover services rendered in appraising the Peter Lyall Plant, Montreal, Canada, and the Long Island Air Reserve Depot, New York, both of which properties were sold under authority given in the act of July 9, 1918, supra. Further information will be furnished should your committee so desire and suitable witnesses will be designated to appear should hearings be held. A similar request has been forwarded to the chairman of the Committee on Military Affairs of the House of Representatives. Sincerely yours, JAMES W. GOOD, Secretary of War. O |