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.

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, sub

mitted 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.

O

}

{

71ST CONGRESS

2d Session

SENATE

REPORT No. 1159

BRIDGE ACROSS ST. CLAIR RIVER AT OR NEAR PORT

HURON, MICH.

July 2, 1930.-Ordered to be printed

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

following

REPORT

[To accompany S. 4769)

The Committee on Commerce, to whom was referred the bill (S. 4769) to amend an act entitled "An act creating the Great Lakes Bridge Commission and authorizing said commission and its successors to construct, maintain, and operate a bridge across the St. Clair River at or near Port Huron, Mich.," approved June 25, 1930, being Public Act No. 433 of the second session of the Seventy-first Congress, 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, July 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 (H. R. 13134, 71st Cong., 2d sess.) to amend an act entitled “An act creating the Great Lakes Bridge Commission and authorizing said commission and its successors to construct, maintain, and operate a bridge across the St. Clair River at or near Port Huron, Mich.,” approved June 25, 1930, being Public Act No. 433 of the second session of the Seventy-first Congress. The bill has been amended by inserting thereon in red the date of approval of the act and its public number.

F. H. PAYNE, Acting Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., July 2, 1930. Hon. Hiram W. JOHNSON,

Chairman Committee on Commerce, United States Senate. DEAR SENATOR: Receipt is acknowledged of your letter of June 30, transmitting a copy of a bill (H. R. 13134) 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 amend section 4 of the act approved June 25, 1930 (Public, No. 433, 71st Cong., 2d sess.), which created the Great Lakes Bridge Commission and authorized said commission, its successors and assigns, to construct, maintain, and operate a bridge across the St. Clair River, at or near Port Huron, Mich., by providing that bonds authorized to be issued thereunder may bear interest at not more than 7 per cent per annum and that such bonds, as well as the income derived therefrom, shall be exempt from all Federal, State, municipal, and local taxes. The law otherwise would remain unchanged. It seems to the department that interest at the rate of 6 per cent per annum should be adequate for bonds of this type. Otherwise the proposed amendment is without objection. Sincerely,

R. W. DUNLAP, Acting Secretary. O