SENATE 71ST CONGRESS 2d Session } { REPORT No. 544 EXTENDING FOR 10 YEARS PREFERRED RIGHT OF HOMESTEAD ENTRY TO DISCHARGED SOLDIERS, SAILORS, AND MARINES APRIL 21 (calendar day, APRIL 28), 1930.—Ordered to be printed Mr. NYE, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany H. J. Res. 181] The Committee on Public Lands and Surveys, to whom was referred the joint resolution (H. J. Res. 181) to amend a joint resolution entitled "Joint resolution giving to discharged soldiers, sailors, and marines, a preferred right of homestead entry," approved February 14, 1920, as amended January 21, 1922, and as extended December 28, 1922, having considered the same, report favorably thereon with the recommendation that the joint resolution do pass with the following amendments: On page 2, line 9, after the word "war" and before the word "and", insert a comma and the words "military occupation, or military expedition". On page 2, line 15, after the word "Provided" and the comma and before the word "That", insert the following: "That for the purposes of this resolution, the war with Spain shall be considered to include the period from April 21, 1898, to July 4, 1902: Provided further, ". The facts concerning the proposed legislation are fully set forth in the report of the House Committee on the Public Lands (H. Rept. No. 929, 71st Cong., 2d sess.), which is appended hereto and made a part of this report, as follows: [House Report No. 929, Seventy-first Congress, second session] The Committee on the Public Lands, to whom was referred the joint resolution (H. J. Res. 181) to amend a joint resolution entitled "Joint resolution giving to discharged soldiers, sailors, and marines a preferred right of homestead entry," approved February 14, 1920, as amended January 21, 1922, having considered the same, report the joint resolution back with a favorable recommendation that it do pass with the following amendments: On page 1, line 5, insert, after the figures "1920," the following: "as amended by joint resolution approved January 21, 1922, and as extended by joint resolution approved December 28, 1922." SR-71-2-VOL 2- 13 On page 1, line 8, strike out the words "the passage of this joint resolution," and insert in lieu thereof "February 14, 1930". On page 2, line 6, strike out the words "the war with Germany" and insert in lieu thereof the words "any war, military occupation, or military expedition". On page 2, line 13, after the semicolon, insert: "Provided, That for the purposes of this resolution the war with Spain shall be considered to include the period from April 21, 1898, to July 4, 1902. On page 2, line 13, following the preceding amendment, insert the following: "Provided further, That the same preference rights are hereby extended to apply to those citizens of the United States who served with the allied armies during the World War and who were honorably discharged, upon their resumption of citizenship in the United States, provided the service with the allied armies shall be similar to the service with the Army of the United States, for which recognition is granted in this joint resolution." On page 2, line 13, after the word "Provided," insert the word "further,". Amend the title by striking out the period at the end thereof and adding "and as extended December 28, 1922." The joint resolutions heretofore referred to and embodied at the end of this report gave to honorably discharged soldiers, sailors, and marines of the United States Army and Navy and those who rendered similar service with out allies a preference right for a period of 10 years to enter public lands under the homestead and desert land laws. These previous enactments expired February 14, 1930. The privileges extended in the past have been very much appreciated by the ex-service men, who have availed themselves of the preference rights in considerable numbers. There are more disabled American veterans in hospitals to-day than in any previous period, including the time when the World War was at its height. Many of these, because of thier disabilities when discharged, are being advised that they must live out of doors and away from cities. There will continue to be for at least another period of 10 years a substantial demand for public lands for homes for veterans. There are a number of proposed openings or restorations to entry of public lands pending in the General Land Office, but the Interior Department has agreed to defer these openings and restorations until Congress shall have an opportunity to act upon this legislation. National representatives from the various service men's organizations appeared and expressed the interest of their organizations in the passage of this legislationamong them, the American Legion, the Disabled American Veterans of the World War, the Veterans of Foreign Wars, and the Spanish War veterans. There has been complaint heretofore that the legislation on this subject ignored Spanish War veterans and veterans of other wars. The committee was of the opinion that veterans of all wars should be put upon a parity and therefore adopted the amendment striking out the "war with Germany" and inserting "any war, military occupation, or military expedition." The actual number of applicants for public lands added thereby will be relatively small. The World War veterans were not opposed to this expansion. The other amendments were adopted primarily at the suggestion of the Interior Department, whose favorable report is as follows: Hon. DoN B. COLTON, DEPARTMENT OF THE INTERIOR, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. CHAIRMAN: There is transmitted herewith, in response to your request of December 26, 1929, for an opinion as to the merits of H. J. Res. 181, a memorandum that has been prepared by the Commissioner of the General Land Office. After a review of the situation, I am in full agreement with Com missioner Moore in his favorable report. Very truly yours, RAY LYMAN WILBUR, Secretary. Memorandum for the Secretary. DEPARTMENT OF THE INTERIOR, Washington, January 7, 1980. The purpose of the legislation embodied in House Joint Resolution No. 181 is evidently to extend the provisions of Public Resolution No. 29 approved February 14, 1920 (41 Stat. 434), as amended by Joint Resolution No. 30 approved January 21, 1922 (42 Stat. 358), giving to ex-service men of the World War a preferred right of entry under the homestead or desert-land laws, for a period of 10 years following February 14, 1930, on which date this privilege will expire if not further extended. The text of House Joint Resolution No. 181 is identical with that of House Joint Resolution No. 30, approved January 21, 1922, with the exception that the words "joint resolution," in line 8, page 1, and line 14, page 2, are substituted in House Joint Resolution No. 181 for the word "act" in the joint resolution approved January 21, 1922. As this change is regarded as absolutely immaterial the present measure may be considered as identical with the one approved January 21, 1922. While it is apparent that it is the intention of House Joint Resolution No. 181 to extend the preference-right period to February 14, 1940, it would, if approved, accomplish nothing, if the department gives it the same construction accorded the identical resolution approved January 21, 1922. (See 49 L. D. 1.) In other words, it was the theory of the department that the resolution of January 21, 1922, which amended the former joint resolution of February 14, 1920, "to read as follows," adopted the date of the former resolution, and that the 10-year period began February 14, 1920, instead of January 21, 1922. As the two resolutions are essentially identical, it can not be seen how the department could construe the present measure, if approved, as extending the 10-year period beyond February 14, 1930. I am in full accord with the purposes sought by the joint resolution. The number of inquiries received in this office whenever a land opening occurs in connection with which ex-service men of the World War are given a preferred right of entry indicates a continued interest on their part sufficient to justify the extension of the privilege. It is suggested that the joint resolution be amended either by providing for a period of 10 years following February 14, 1930, or by substituting 20 for 10 in the seventh line, page 1, of the joint resolution. The joint resolution approved December 28, 1922 (42 Stat. 1067), extended the privileges of the joint resolution of February 14, 1920, to citizens of the United States who served with the allied armies during the World War and who were honorably discharged and resumed citizenship in the United States. While it is probable that the amendment of the joint resolution of February 14, 1920, as proposed in the measure under consideration, would automatically carry with it the privileges accorded by joint resolution of December 28, 1922, all doubts might be resolved by inserting after "1920," line 5, page 1, the words "as amended by joint resolution approved January 21, 1922, and as extended by joint resolution approved December 28, 1922." C. C. MOORE, Commissioner. In compliance with Rule XIII 2a there is herewith set out the text of the statutes proposed to be extended and a comparative print of the joint resolution showing the amendments and changes in existing law by black brackets and italics. [H. J. Res. 181, Seventy-first Congress, second session] JOINT RESOLUTION To amend a joint resolution entitled "Joint resolution giving to discharged soldiers, sailors, and marines a preferred right of homsetead entry," approved February 14, 1920, as amended January 21, 1922 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That a joint resolution entitled "Joint resolution giving to discharged soldiers, sailors, and marines a preferred right of homestead entry," approved February 14, 1920, be, and the same is hereby, amended to read as follows: "That hereafter, for the period of ten years following [the passage of this joint resolution] February 14, 1930, on the opening of public or Indian lands to entry, or the restoration to entry of public lands theretofore withdrawn from entry, such opening or restoration shall, in the order therefor, provide for a period of not less than ninety days before the general opening of such lands to disposal in which officers, soldiers, sailors, or marines who have served in the Army or Navy of the United States in the war with Germany] any war, military occupation, or military expedition and been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve shall have a preferred right of entry under the homestead or desert land laws, if qualified thereunder, except as against prior existing valid settlement rights and as against preference rights conferred by existing laws or equitable claims subject to allowance and confirmation: Provided, That for the purposes of this resolution, the war with Spain shall be considered to include the period from April 21, 1898, to July 4, 1902: Provided further, That the same preference rights are hereby extended to apply to those citizens of the United States who served with the allied armies during the World War and who were honorably discharged, upon their resumption of citizenship in the United States, provided the service with the allied armies shall be similar to the service with the Army of the United States for which recognition is granted in this joint resolution: Provided further, That the rights and benefits conferred by this joint resolution shall not extend to any person who, having been drafted for service under the provisions of the selective service act, shall have refused to render such service or to wear the uniform of such service of the United States." SEC. 2. That the Secretary of the Interior is hereby authorized to make any and all regulations necessary to carry into full force and effect the provisions hereof. The joint resolutions referred to in House Joint Resolution 181 and affected by it are as follows: JOINT RESOLUTION Giving to discharged soldiers, sailors, and marines a preferred right of homestead entry Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter, for the period of two years following the passage of this act, on the opening of public lands theretofore withdrawn from entry, such opening or restoration shall, in the order therefor, provide for a period of not less than sixty days before the general opening of such lands to disposal in which officers, soldiers, sailors, or marines who have served in the Army or Navy of the United States in the war with Germany and been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve shall have a preferred right to entry under the homestead or desert land laws, if qualified thereunder, except as against prior existing valid settlement rights and as against preference rights conferred by existing laws or equitable claims subject to allowance and confirmation: Provided, That the rights and benefits conferred by this act shall not extend to any person who, having been drafted for service under the provisions of the selective service act, shall have refused to render such service or to wear the uniform of such service of the United States. SEC. 2. That the Secretary of the Interior is hereby authorized to make any and all regulations necessary to carry into full force and effect the provisions hereof. Approved, February 14, 1920. JOINT RESOLUTION To amend a joint resolution entitled "Joint resolution giving to discharged soldiers, sailors, and marines a preferred right of homestead entry," approved February 14, 1920 Resolved by the Senate and House of Representatives of the United States of America in Čongress assembled, That a joint resolution entitled "Joint resolution giving to discharged soldiers, sailors, and marines a preferred right of homestead entry," approved February 14, 1920, be, and the same is hereby, amended to read as follows: "That hereafter, for the period of ten years following the passage of this act, on the opening of public or Indian lands to entry, or the restoration to entry of public lands theretofore withdrawn from entry, such opening or restoration shall, in the order therefor, provide for a period of not less than ninety days before the general opening of such lands to disposal in which officers, soldiers, sailors, or marines who have served in the Army or Navy of the United States in the war with Germany and been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve shall have a preferred right of entry under the homestead or desert land laws, if qualified thereunder, except as against prior existing valid settlement rights and as against preference rights conferred by existing laws or equitable claims subject to allowance and confirmation: Provided, That the rights and benefits conferred by this act shall not extend to any person who, having been drafted for service under the provisions of the selective service act, shall have refused to render such service or to wear the uniform of such service of the United States." SEC. 2. That the Secretary of the Interior is hereby authorized to make any and all regulations necessary to carry into full force and effect the provisions hereof. Approved, January 21, 1922. Resolved by the Senate and House of Representatives of the United States of America assembled, That the provisions of the act of Congress of February 25, 1919, allowing credit for military service during the war with Germany in homestead entries, and of Public Resolution Numbered 29, approved February 14, 1920, allowing a preferred right of entry for at least sixty days after the date of opening in connection with lands opened or restored to entry, be, and the same are hereby, extended to apply to those citizens of the United States who served with the allied armies during the World War, and who were honorably discharged, upon their resumption of citizenship in the United States: Provided, The service with the allied armies shall be similar to the service with the Army of the United States for which recognition is granted in the act and resolution herein referred to. Approved, December 28, 1922. O |