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JUNE 9 (calendar day, JUNE 11, 1930).-Ordered to be printed

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

REPORT

[To accompany S. 4517]

The Committee on Commerce, to whom was referred the bill (S. 4517) to provide for the regulation of tolls over certain bridges, 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.

WAR DEPARTMENT, June 2, 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. 4517, 71st Cong., 2d sess.), to provide for the regulation of tolls over certain bridges. F. TRUBEE DAVISON, Acting Secretary of War.

DEPARTMENT OF AGRICULTURE,
Washington, D. C., June 7, 1930.

Hon. HIRAM W. JOHNSON,

Chairman Committee on Commerce,

United States Senate.

DEAR SENATOR: Receipt is acknowledged of your letter of May 23, transmitting a copy of a bill (S. 4517) 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 provide that any bridge authorized by act of Congress prior to March 23, 1906, with a specific reservation in Congress of the right to alter, amend, or repeal such act or authorization shall, in respect to the regulation of tolls, be subject to the provisions of the general bridge act of March 23, 1906 (34 Stat. 84). It is the department's view that the bill proposes desirable legislation.

Sincerely,

C. F. MARVIN, Acting Secretary.

71ST CONGRESS 2d Session

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SENATE

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REPORT No. 891

LEGALIZING A PIER AT ANNAPOLIS ROADS, MD., AND TO LEGALIZE AN INTAKE PIPE, PLYMOUTH, MASS.

JUNE 9 (calendar day, JUNE 11), 1930-Ordered to be printed

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

following

REPORT

[To accompany S. 4400]

The Committee on Commerce, to whom was referred the bill (S. 4400) to legalize a pier constructed in Chesapeake Bay at Annapolis Roads, Md., having considered the same, report favorably thereon, and recommend that the bill do pass with amendments.

The bill and amendments have the approval of the Department of War as will appear by the annexed communications, which are made a part of this report.

WAR DEPARTMENT, May 15, 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. 4400, 71st Cong., 2d sess.), to legalize a pier constructed in Chesapeake Bay at Annapolis Roads, Md.

F. TRUBEE DAVISON,
Acting Secretary of War.

WAR DEPARTMENT, May 24, 1930.

Respectfully returned to the chairman Committee on Rivers and Harbors, House of Representatives.

So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration of the accompanying bill (H. R. 12168, 71st Cong., 2d sess.), to legalize an intake pipe in Warren Cove, at Plymouth, Mass.

о

F. TRUBEE DAVISON,
Acting Secretary of War.

SENATE

71ST CONGRESS 2d Session

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REPORT
No. 898

AUTHORIZING APPOINTMENT OF EMPLOYEES IN THE EXECUTIVE BRANCH OF THE GOVERNMENT

JUNE 9 (calendar day, JUNE 12), 1930.-Ordered to be printed

Mr. DALE, from the Committee on Civil Service, submitted the following

REPORT

[To accompany H. R. 11978]

The Committee on Civil Service, to whom was referred the bill (H. R. 11978) to authorize the appointment of employees in the executive branch of the Government and of the District of Columbia, having considered the same, report thereon with a recommendation that it do pass.

The following statement is taken from the House report:

NECESSITY FOR THE LEGISLATION

For many years it has been the practice of the heads of the executive departments to delegate to subordinates the power to employ persons for duty in the field service under such rules and regulations as would properly safeguard the interests of the Government.

In recent rulings the Comptroller General has held that no authority exists (with certain exceptions where special authority has been granted) in department heads to delegate authority to subordinates in the field to employ the personnel necessary to carry on the activities of the departments. Such ruling seems to be based upon sound reasoning and is not challenged by your committee, notwithstanding the fact that the delegation of such power has been the practice of most of the Cabinet heads for many years.

That the power to delegate such authority is indispensable to the efficient operation of the field service becomes apparent when it is remembered that such services extend to the remotest part of the earth. To require that all such appointments must have the direct sanction of the head of the department before they can be effective or the employees be paid, is to bring disaster to such operative services as are carried on by the War, Navy, and other departments.

Under the comptroller's ruling, it is not possible to employ even a temporary day laborer without the prior approval of the department head. The fatal results of such a ruling will readily be appreciated by an examination of the records of the office of the Chief of Engineers of the Army which show that the turnover in the permanent or overhead force of the Engineer Department at

large, is in the neighborhood of 25 per cent annually, and in the force engaged in actual construction work in the field in the neighborhood of 225 per cent yearly. It is obvious that any attempt upon the part of the Secretary of War to issue certificates of employment and discharge covering the enormous number of additions and separations would completely break down the proper functioning of his office. Such discharges and additions must necessarily be left to subordinates on the ground, otherwise the interminable delay and expense would become intolerable.

What is true of the War Department is true in a considerable degree in a large number of other services, such as the Public Health, Customs, and Public Buildings in the Treasury Department, the Forest and other field services in the Department of Agriculture, the Coast and Geodetic Survey, Bureau of Mines, and Bureau of Navigation in the Department of Commerce, and many other field services which will readily suggest themselves to Members.

It is frequently necessary to employ temporary and other employees in the Philippines, Guam, Porto Rico, Panama, and elsewhere. It needs no argument to demonstrate that unless the power of department heads to delegate to subordinates authority to employ persons in such remote parts exist, our services there will be greatly impaired, if not destroyed.

For the above reasons and many more, which it will serve no useful purpose to enumerate here, your committee would most respectfully urge the speedy enactment of the above bill.

The bill has the approval of all department heads and is satisfactory to the Comptroller General.

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