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71ST CONGRESS 2d Session

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SENATE

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REPORT No. 1156

TROPHY GUN TO F. D. HUBBEL RELIEF CORPS NO. 103, OF HILLSBORO, ILL.

JULY 2, 1930.-Ordered to be printed

Mr. REED, from the Committee on Military Affairs, submitted the

following

REPORT

[To accompany H. R. 4050]

The Committee on Military Affairs, to which was referred the bill (H. R. 4050) donating trophy gun to F. D. Hubbel Relief Corps No. 103, of Hillsboro, Ill., having considered the same, report favorably thereon with the recommendation that it do pass.

The purpose of the bill is set forth in the House report thereon which is made a part of this report and reads as follows:

The Committee on Military Affairs, to whom was referred the bill (H. R. 4050) donating trophy gun to F. D. Hubbel Relief Corps No. 103, of Hillsboro, Ill., introduced by Mr. Frank M. Ramey, having considered the same, report thereon with the recommendation that it do pass with the following amendment: Line 4, strike out the word "Hubble" and insert in lieu thereof "Hubbel". The purpose of this legislation is clearly set forth in the letter from the War Department, which is made a part of this report, as follows:

Hon. W. FRANK JAMES,

WAR DEPARTMENT,
Washington, July 20, 1929.

Chairman Committee on Military Affairs, House of Representatives. DEAR MR. JAMES: I am pleased to comply with your request of June 25, 1929, for a report on a bill (H. R. 4050) donating a trophy gun to the F. D. Hubbel Relief Corps No. 103, of Hillsboro, Ill.

The existing law authorizing distribution of old guns is contained in the act of May 26, 1928 (Public 549, 70 Cong., 45 Stat. 773), which authorizes the Secretary of War to loan or give to soldier's monument associations, posts of the Grand Army of the Republic, posts of the American Legion, and other recognized war veterans' associations, State museums, and municipal corporations, condemned or obsolete ordnance guns, projectiles, and other condemned or obsolete material, but there is no law existing at present which authorizes the donation of this specific bronze gun to the organization mentioned in the bill.

SR-71-2-VOL 2-91

As the cannon named in the bill is among those already authorized for distribution, and as it is to be used for decorative and memorial purposes by an auxiliary to the Grand Army of the Republic, I consider the purpose of the donation suitable and desirable, and there is no objection on the part of this department to the passage of the bill.

The bill provides that there shall be no cost to the United States.

Attention is invited to the fact that in the introductory clause the word "Hubbel" is used, while in line 4 it appears as "Hubble."

If any additional information from the War Department is desired I shall be pleased to furnish it.

If hearings on the proposed legislation are to be held, a suitable witness will be designated to appear before your committee.

Sincerely yours,

PATRICK J. HURLEY,

Acting Secretary of War.

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TO AMEND THE NATIONAL PROHIBITION ACT, AS AMENDED

JULY 2, 1930.-Ordered to be printed

Mr. WALSH of Montana, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 9985]

The Committee on the Judiciary, having considered the bill (H. R. 9985) to amend the act entitled "An act to amend the national prohibition act", approved March 2, 1929, reports the same favorably to the Senate with amendments, and recommends that the bill as amended do pass.

The said committee amendments are as follows:

On page 1, lines 10 and 11, strike out the words "by a person not engaged in habitual violation of the law" and strike out the commas immediately preceding and immediately following said words.

On page 2, line 2, immediately following the semicolon, insert the following proviso:

Provided, however, That the defendant has not theretofore within two years been convicted of a violation of the said act or is not engaged in habitual violation of the same.

On page 2, line 4, strike out the word "where", and insert in lieu thereof the words "in the production of which".

On page 2, line 7, strike out the word "unlawful" and insert in lieu thereof the word "unlawfully"; and strike out the word "of".

On page 2, line 9, immediately following the word "in", insert a comma and the following words: "or not theretofore within two years having been convicted of a,"; and strike out the word "the" and insert in lieu thereof the word "such".

This bill is to be regarded as in the nature of an amendment to the Jones law. In view of the severity of the sentence which may be imposed under that act, prosecutions under it can not be maintained except upon indictment by a grand jury, however trivial may be the particular offense charged. It never was intended or expected

that the heavy penalties which as a maximum are prescribed by that act would be imposed except under conditions and circumstances giving to the violation of the law a particularly grave character. The purpose of the bill is to take out from the operation of that law a class of offenses relatively trifling in character, that they may be prosecuted by information, thus lessening the cost and expediting the disposition of the proceeding. The right of trial by jury remains undisturbed. The only change in the procedure warranted will be as indicated, that the prosecution may be instituted by information instead of by indictment by a grand jury-a procedure which has long since been sanctioned by constitutional and statutory provisions in many if not most of the States.

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