On April 27, 1916, the New York Senate and Assembly enacted a law creating a commission for the purpose of negotiating for the transfer of the quarantine establishment at the port of New York to the United States. As a result of that legislation a joint board of appraisal was appointed to determine the value of the property to be transferred. The commission authorized by the New York State law of April 27, 1916, took appropriate steps to designate representatives of the State to make an appraisal of the property, and the Secretary of the Treasury, acting on the authority contained in section 5 of the act approved June 19, 1906, also designated representatives in behalf of the United States. As a result of the joint appraisal a valuation of $1,395,275 was agreed upon as being reasonable, and Congress, in the sundry civil act of 1921, made an appropriation of that amount for the purchase of the New York State quarantine property, located at the port of New York. Steps were taken, upon the approval of the sundry civil act of 1921, for the transfer of the station, but on account of delays incident to the proving of the title, this was not effected until March 1, 1921. In view of 1920-21, however, a very serious emergency arose at the port of New York because of the widespread prevalence of typhus in Europe and the continued arrival at the port of New York of typhus-infected vessels. The facilities at the quarantine station were wholly inadequate, and it was necessary, in order that the public health of the country be properly protected, that increased facilities be provided. In view of the imminence of the transfer of the property to Federal control, the State authorities were reluctant to undertake any additional expense for improvements to the station. Under such circumstances, however, the Surgeon General of the Public Health Service deemed it proper to set forth the situation to the Governor of New York, and as a result of that communication the State authorities undertook the authorization and erection of the sterilizing plant in question. A copy of this communication is attached. In view of the above facts, I recommend the passage of this legislation, and in this connection it may be added that this matter has been presented to the Director of the Bureau of the Budget, who advises that the proposed legislation is not in conflict with the financial program of the President. Very truly yours, Hon. CHARLES L. UNDERHILL, Chairman Committee on Claims, A. W. MELLON, Secretary of the Treasury. House of Representatives. TREASURY Department, DEAR MR. CHAIRMAN: Receipt is acknowledged of your communciation of February 24, 1926, requesting that your committee be advised as to the opinion of this department concerning bill, H. R. 677, for the relief of the State of New York. In reply I have to advise you that pursuant to a prior call from your committee for report on this bill, there was forwarded to you under date of February 27, 1926, a communication from this department presenting certain information relating to the claim of the State of New York covered by H. R. 077 and recommending the passage of the proposed legislation. A copy of this report is inclosed herewith for your information. Hon. CHARLES L. UNDERHILL, Chairman Committee on Claims, A. W. MELLON, Secretary of the Treasury House of Representatives. SENATE 71ST CONGRESS 2d Session } { REPORT No. 1073 SALE OF COLUMBIA ARSENAL PROPERTY, MAURY COUNTY, TENN. JUNE 18 (calendar day, JUNE 20), 1930.-Ordered to be printed. Mr. ROBSION, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 2156] The Committee on Military Affairs, to which was referred H. R. 2156, for the sale of the interest, rights, limitations, and reservations of the United States of America in the Columbia Military Academy property, situated in the ninth civil district of Maury County, Tenn., and near the town of Columbia, having considered the same, report thereon that the bill should be amended as follows: Page 1, line 4, beginning with "the", the last word on the line, and "Columbia Military Academy", line 5, should be printed in capitals, so as to read, "The Columbia Military Academy"; and on page 3, line 15, "the Columbia Military Academy" should likewise be printed in capitals, so as to comply technically with the name of the eleemosynary school corporation, acquiring such rights under this bill, and, as amended, the committee recommends that this bill do pass. In 1888, the people of Columbia, Maury County, Tenn., by private subscription purchased about 67 acres of land, approximately 2 miles from the center of the town of Columbia, and caused the then owners to deed the same to the United States of America. This land cost the Government nothing The Government after acquiring this property erected some nine brick and stone buildings of substantial character thereon, and for some years it was used as an arsenal; but in the latter part of 1903, it was abandoned for arsenal purposes. In the second session of the Fifty-eighth Congress, 1904, Public Act No. 152 directed the Secretary of War to convey to the Columbia Military Academy this property, but with the following restrictions, limitations, conditions, and reservations: That the Secretary of War shall be a visitor to said school and have and exercise full rights of visitation, and he shall have the right and authority in his discretion, as the public interest requires, to prescribe the military curriculum SR-71-2-VOL 2-79 of said school, and to enforce compliance therewith, and upon refusal or failure of the authorities of said school to comply with the rules and regulations so prescribed by the Secretary of War, or the terms of the act, he is authorized to declare that the estate of the grantee has terminated and the property shall revert to the United States, and the Secretary of War is authorized thereupon to take possession of said property in behalf of the United States, and shall further reserve to the United States the right to use such lands for military purposes at any time upon demand of the President of the United States. This property was accordingly conveyed to the Columbia Military Academy, a Tennessee corporation, subject to the provisions of the act above set out. The original corporation by its deed conveyed the same properties and subject to the same legislative restrictions above set out to the Columbia Military Academy a corporation of the same name, except the name appears in capitals and is an eleemosynary, educational corporation. It is not operated for profit, but purely for educational purposes in conformity with the act of Congress and the deed of the Secretary of War. The Government had constructed the buildings for arsenal purposes, and they were practically all storage buildings. This educational corporation had to put this property in condition for school use. It had to revamp, rebuild, and construct the interior of nearly all buildings and adapt them for uses of the school, such as dormitory and classrooms. It put in a lighting and heating system, a gymnasium and a swimming pool, and generally improved the physical properties, spending more than $100,000. This fund was raised from the citizens of Columbia and Maury County. This school has grown from nothing to approximately 200 pupils, including the resident pupils. During the life of the school it has had the pupils from nearly every State in the Union. Some of the indebtedness has been paid. The balance of it is maturing. Other buildings and improvements are necessary to make this a progressive military school. These buildings are badly needed. In order to raise the money, it is necessary to remove Government restrictions and limitations on this property. It is the purpose of the trustees of this school and representative business men of the town of Columbia, Tenn., to conduct this school in accordance and in harmony with the conditions it was conveyed to the original corporation. In the first session of the Seventieth Congress a bill was introduced (H. R. 12479) to have this property appraised with the buildings, that the Columbia Military Academy might purchase it. It was appraised by a committee of the Real Estate Board of Nashville, Tenn., at $30,214.69, or $350 an acre. This appraisal committee lived at Nashville, some 50 miles away from Columbia. They appraised the fee to the land and not the contingent rights of the Government therein. It was so stated by the Nashville board through its secretary, Mr. J. B. Gillespie : Mr. A. B. TARPLEY, NASHVILLE REAL ESTATE BOARD, Secretary Columbia Military Academy, Columbia, Tenn. DEAR SIR: In compliance with your written request of January 16, 1929, to the Nashville Real Estate Board, that we explain the basis upon which we based our figures on the appraisal made by Messrs. Carroll L. Jones, J. W. Graham, and A. P. Martin, a committee appointed by the board, at request of the Secretary of War, which request was received by us on June 1, 1928. We were authorized to make our appraisal as to the land value alone, without regard to the buildings thereon. Our appraisal was what we considered the land to be worth if it were going to be sold and fee simple title conveyed, and further without regard to the improvements thereon. Respectfully, J. B. GILLESPIE, Secretary. The Columbia Military Academy submitted in evidence the appraisal of the presidents of the three banks of Columbia, Tenn., and the three leading real estate men of that town. Their statement is as follows: Hon. DWIGHT F. DAVIS, Secretary of War, Washington, D. C. COLUMBIA, TENN., January 3, 1929. SIR: At the request of Col. I. A. Cunningham, president of the Columbia Military Academy at Columbia, Tenn., and Congressman E. E. Eslick, we, the undersigned, C. A. Parker, president of the Maury National Bank; W. B. Greenlaw, president of the Columbia Bank & Trust Co.; H. O. Fulton, president of the Phoenix National Bank of Columbia, Tenn., nominated and requested S. O. Thomas, H. C. Hendley, and G. P. Brownlow, our leading real estate men, to act with us in appraising the 67 acres of land embracing what is known as the Columbia Military Academy property, formerly the Columbia Arsenal property. Having appraised this property at a sum total of $23,450, we were then requested to appraise the value of the rights of the United States of America as set out in act No. 542, Seventieth Congress (H. R. 12479). Our committee after careful consideration unanimously decided that $10,000 would be a maximum value of the interest of the United States of America in and to this 67 acres above referred to. Respectfully, H. O. FULTON. W. B. GREENLAW. The presidents of the three Columbia banks and the three leading real estate men of Columbia, Tenn., placed the fee of this land at $23,450, and they say $10,000 would be a maximum value of the rights and interest of the United States of America in and to the 67 acres of land involved. The present bill is to accept the offer of the Columbia Military Academy, a body corporate, for such rights as the Government may have in the said property at the price of $10,000, to be paid in cash and to be deposited in the Treasury for the benefit of the post construction fund. It appears to your committee that this school has been used continuously as a military school since the United States conveyed it, and that the purpose of the school corporation is to continue it as a military school, and that it is a matter of absolute necessity to this school that these restrictions and limitations of the Government be removed from the said property that it may refinance additional buildings and equipment. This institution has for years had assigned to it a commissioned officer, detailed from the Army, in charge of the Reserve Officers' Training Corps, and the cadet corps ranks with the best in the military-academy circles. It has furnished many officers who saw service. It holds the highest rank among the schools of its class, and has furnished many trained men in academic and military lines; and while a contender for the rank of honor school in its annual examinations by the Government officers, it has always |