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BRIDGE ACROSS THE RED RIVER OF THE NORTH ON THE BOUNDARY LINE BETWEEN MINNESOTA AND NORTH DAKOTA

FEBRUARY 10, 1932.-Referred to the House Calendar and ordered to be printed

Mr. BURTNESS, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 7916]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7916) to extend the times for commencement and completion of the bridge of the county of Norman and the town and village of Halstad, in said county, in the State of Minnesota, and the county of Traill and the town of Herberg, in said county, in the State of North Dakota, across the Red River of the North on the boundary line between said States, having considered and amended the same, report thereon with a recommendation that it pass.

Amend the bill as follows:

Page 1, line 5, after the word "approved," insert the following words: "July 1, 1922, and revived and reenacted by an act of Congress approved".

Page 2, line 8, after the word "respectively," change the period to a comma and add the following words, "from March 3, 1932." The act of Congress referred to in the bill is as follows:

[PUBLIC-No. 832-71ST CONGRESS]

[H. R. 16334)

AN ACT To revive and reenact the act entitled "An act granting the consent of Congress to the county of Norman, and the town and village of Halstad, in said county, in the State of Minnesota, and the county of Traill and the town of Herberg, in said county, in the State of North Dakota, to construct a bridge across the Red River of the North on the boundary line between said States," approved July 1, 1922

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act approved July 1, 1922, granting the consent of Congress to the county of Norman and the town and village of Halstad, in said county, in the State of Minnesota, and the county of Traill and the town of Herberg, in said county, in the State of North Dakota, to construct, maintain, and operate a bridge and approaches thereto across the Red River of the North at or near the section line between sections 24 and 25, township 145 north, range

49 west, fifth principal meridian, on the boundary line between Minnesota and North Dakota, be, and the same is hereby, revived and reenacted.

SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 3, 1931.

The bill has the approval of the War and Agricultural Departments, as will appear by the letters attached.

WAR DEPARTMENT, January 23, 1932. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, 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. 7916, 72d Cong., 1st sess.) to extend the times for the commencement and completion of the bridge of the county of Norman and the town and village of Halstad, in I said county, in the State of Minnesota, and the county of Traill and the town of Herberg, in said county, in the State of North Dakota, across the Red River of the North on the boundary line between said States, if amended as indicated in red thereon. F. H. PAYNE, Acting Secretary of War.

Hon. SAM RAYBURN,

DEPARTMENT OF AGRICULTURE,
Washington, January 25, 1932.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. RAYBURN: Careful consideration has been given to the bill (H. R. 7916) transmitted with your letter of January 19 with request for a report thereon and such views relative thereto as the department might desire to communicate. The bill proposes to extend the times for commencing and completing the construction of a bridge across the Red River of the North at or near the section line between sections 24 and 25, township 145 north, range 49 west, fifth principal meridian, on the boundary line between Minnesota and North Dakota, authorized by act of Congress approved March 3, 1931, to be built by the county of Norman and the town and village of Halstad, in said county, State of Minnesota, and the county of Traill and the town or Herberg, in said county, State of North Dakota. The location indicated for the proposed bridge is on the system of Federal aid highways approved for the States of North Dakota and Minnesota. The bill does not specify any date from which the periods of extension shall run as it merely proposes to extend the times for commencing and completing the bridge, respectively. It is suggested that it would be advisable to insert a date from which the one and three year periods of extensions shall run, which date logically could be March 3, 1932.

Aside from the above suggestion, the bill is without objection so far as this department is concerned and favorable action thereon is recommended.

Sincerely yours,

R. W. DUNLAP, Acting Secretary.

O

TRANSFER CERTAIN JURISDICTION FROM THE WAR DEPARTMENT IN THE MANAGEMENT OF INDIAN COUNTRY

FEBRUARY 10, 1932.-Referred to the House Calendar and ordered to be printed

Mr. WILLIAMSON, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany H. R. 8178]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 8178) to transfer certain jurisdiction from the War Department in the management of Indian country, having considered the same, report thereon with a recommendation that it do pass with the following amendment:

Strike out all after the enacting clause and insert in lieu thereof the following:

That the provisions of Section 2139 of the United States Revised Statutes, and the act of January 30, 1897 (29 Stat. 506) now section 241, title 25, United States Code, be amended so as to read as follows:

"241. Intoxicating liquors; sale to Indians or introducing into Indian country.— No ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall be introduced, under any pretense, into the Indian country. Every person who sells, exchanges, gives, barters, or disposes of any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind to any Indian under charge of any Indian superintendent or agent, or introduces or attempts to introduce any ardent spirits, ale, wine, beer, or intoxicating liquor of any kind into the Indian country shall be punished by imprisonment for not more than two years, and by fine of not more than $300 for each offense.

"Any person who shall sell, give away, dispose of, exchange, or barter any malt spirituous, or vinous liquor including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name label, or brand, which produces intoxication, to any Indian a ward of the Government under charge of any Indian superintendent or agent, or any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and any person who shall introduce or attempt to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, shall be punished by imprisonment for not less than sixty days, and by a fine of not less than $100 for the first offense and not less than $200 for each offense thereafter: Provided, however, That the person convicted shall be committed until fine and costs are paid. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in

writing, from the Interior Department or any officer duly authorized thereunto by the Interior Department.'

The amendment simply reenacts section 241, title 25, of the United States Code, the only change being the substitution in the last two lines of "Interior Department" for "War Department." This effects the change in the usual manner followed in an amendment of this character and prevents any confusion as to what is actually intended. The bill as originally drawn seems ambiguous in that it might be construed in such a manner as to give joint jurisdiction to the Department of War and to the Department of the Interior. The purpose is to transfer entire jurisdiction in such matters to the Department of the Interior.

The law as enacted would then read (omit part contained in brackets, which is eliminated from the present law; insert the part printed in italics, as provided by the present bill):

241. Intoxicating liquors; sale to Indians or introducing into Indian country.— No ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall be introduced, under any pretense, into the Indian country. Every person who sells, exchanges, gives, barters, or disposes of any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind to any Indian under charge of any Indian superintendent or agent, or introduces or attempts to introduce any ardent spirits, ale, wine, beer, or intoxicating liquor of any kind into the Indian country shall be punished by imprisonment for not more than two years, and by fine of not more than $300 for each offense.

Any person who shall sell, give away, dispose of, exchange, or barter any malt, spiritous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian a ward of the Government under charge of any Indian superintendent or agent, or any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and any person who shall introduce or attempt to introduce any malt, spiritous or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, shall be punished by imprisonment for not less than 60 days, and by a fine of not less than $100 for the first offense and not less than $200 for each offense thereafter: Provided, however, That the person convicted shall be committed until fine and costs are paid. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the [War Department] Interior Department or any officer duly authorized thereunto by the [War Department] Interior Department. The report of the Secretary of the Interior is as follows:

Hon. EDGAR B. HOWARD,

DEPARTMENT OF THE INTERIOR,
Washington, January 21, 1932.

Chairman Committee on Indian Affairs,

House of Representatives.

MY DEAR MR. CHAIRMAN: There is inclosed herewith draft of a bill proposing to transfer jurisdiction from the War Department to the Interior Department in the matter of granting permits for the introduction, etc., of intoxicating liquors into Indian reservations or other Indian country.

The acts referred to in the draft of proposed legislation (U. S. C., title 25, sec. 241), are quoted as follows:

"Intoxicating liquors; sale to Indians or introducing into Indian country.—No ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall be introduced, under any pretense, into the Indian country. Every person who sells, exchanges, gives, barters, or disposes of any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind to any Indian under charge of any Indian superintendent or agent, or introduces or attempts to introduce any ardent spirits, ale, wine, beer, or intoxicating liquor of any kind into the Indian

country shall be punished by imprisonment for not more than two years, and by fine of not more than $300 for each offense.

"Any person who shall sell, give away, dispose of, exchange, or barter any malt, spiritous, or vinous liquor including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian a ward of the Government under charge of any Indian superintendent or agent, or any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and any person who shall introduce or attempt to introduce any malt, spiritous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, shall be punished by imprisonment for not less than 60 days, and by a fine of not less than $100 for the first offense and not less than $200 for each offense thereafter: Provided however, That the person convicted shall be committed until fine and costs are paid. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the War Department or any officer duly authorized thereunto by the War Department."

When the original legislation was passed, Indian reservations and Indian affairs were under the jurisdiction of the War Department, and for a considerable period after transfer of jurisdiction from that department to the Interior Department, Indian reservations were in charge of retired Army officers. However, for a number of years the War Department has had no connection whatever with the general management of Indian affairs, but in view of the language of the acts cited, it has been necessary for this department to make recommendations to the War Department as to permits to be granted, and it is to correct this unnecessary work that the inclosed bill is submitted.

It is recommended that your committee give this matter favorable consideration with a view to securing early enactment of the legislation proposed.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

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