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PUBLIC LANDS FOR USE OF EASTERN NEW MEXICO NORMAL SCHOOL

FEBRUARY 18, 1932.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. CHAVEZ, from the Committee on the Public Lands, submitted the following

REPORT

[To accompany H. R. 6679]

The Committee on the Public Lands, to whom was referred the bill (H. R. 6679) granting certain public lands to the State of New Mexico for the use and benefit of the Eastern New Mexico Normal School, and for other purposes, having considered the same report it favorably to the House with the recommendation that the bill do pass without amendment.

The act approved June 20, 1910 (enabling act under which the State of New Mexico was admitted to the Union), contained a provision granting to said State 200,000 acres of land for normal-school purposes. By a provision of the constitution of the said State, 30,000 acres of the grant thus made was reserved for a normal school to be thereafter established and located in one of the following counties: Union, Quay, Curry, Roosevelt, Chaves, or Eddy. The Legislature of New Mexico, at its 1927 session, established said normal school and located it at Portales, in Roosevelt County. The grant contained in the proposed legislation will give to said normal school the same amount of land as has been granted by the enabling act and previous legislation to each of the normal schools now existing at Las Vegas and Silver City. The normal school at Portales is now in process of establishment. The grant embraced in the pending bill will materially aid it during its period of infancy. The committee believe that this quantity of land (now a part of the public domain within said State) can be put to no better use than to aid education.

The letter of the Secretary of the Interior regarding the proposed legislation, under the date of January 18, 1932, is appended hereto and made a part of this report, as follows:

Hon. JOHN M. EVANS,

DEPARTMENT OF THE INTERIOR,
Washington, January 18, 1932.

Chairman Committee on the Public Lands,

House of Representatives.

MY DEAR MR. CHAIRMAN: In compliance with your request of January 5, for a report on H. R. 6679, which is a bill that would grant certain public lands to the State of New Mexico for the use and benefit of the Eastern New Mexico Normal School, and for other purposes, I transmit herewith a memorandum on the subject that has been submitted by the Commissioner of the General Land Office, to which your attention is invited. Favorable consideration of the bill is not recommended.

Very truly yours,

Secretary.

Memorandum for the Secretary.

GENERAL LAnd Office, Washington, January 12, 1932.

H. R. 6679 proposes to grant to the State of New Mexico 76,667 acres of surveyed, nonmineral, unappropriated, and unreserved public lands of the United States in the State of New Mexico for the use and benefit of the Eastern New Mexico Normal School at Portales, to be used solely for normal-school purposes, this grant to be in addition to the grant for normal schools made under the provisions of the act of June 20, 1910.

This bill is identical with S. 1590, introduced by Senator Bratton December 14, 1931, upon which bill an adverse report was submitted to the chairman committee on Public Lands and Surveys, under date of January 5, 1932.

It is found that there were granted to the State of New Mexico by the act of June 20, 1910 (36 Stat. 557), the amount of 200,000 acres for the benefit of normal schools; by the act of June 21, 1898 (30 Stat. 484), a grant of 100,000 acres for the benefit of normal schools was made to the Territory of New Mexico, which was confirmed in the State by the act of June 20, 1910, making a total grant of 300,000 acres to New Mexico to be used solely for normal-school purposes.

There have been granted to the Territory and State of New Mexico under the provisions of the acts mentioned, for educational and other State institutions, such as universities, normal schools, agricultural colleges, military institutes, insane asylums, etc., a total of 3,694,702 acres, not taking into consideration the grant of school section lands estimated at the amount of 8,711,324 acres, a total of more than 12,400,000 acres, including 1,000,000 acres granted in payment of railroad-aid bonds issued by the Santa Fe and Grant Counties.

In addition to these grants, a further grant of 250,000 acres was made by the act of Congress approved May 28, 1928 (45 Stat. 775), in aid of said railroad bond fund, making in all more than 12,650,000 acres granted to New Mexico for educational and other purposes.

New Mexico is one of the few public-land States which received a grant of four sections in each township for the support of common schools, the greater part of the States having been granted but two sections of land in each township, and many others but one section in each township.

It has not been the policy of the department to recommend further grants of lands to the States for specific purposes, except in the case of some special or urgent reason for such a grant. C. C. MOORE, Commissioner.

O

CREATION,

ORGANIZATION, ADMINISTRATION, AND MAINTENANCE OF A NAVAL RESERVE AND A MARINE CORPS RESERVE

FEBRUARY 18, 1932.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. KNIFFIN, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany H. R. 5329]

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 5329) to amend section 24 of the act approved February 28, 1925, entitled "An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve," as amended by the act of March 2, 1929, having had the same under consideration, report favorably thereon without amendment and with the recommendation that the bill do pass.

In compliance with clause 2a of Rule XIII there is herewith printed the second proviso in section 24, of the act approved February 28, 1925, and as amended by the act of March 2, 1929, sought to be amended, the language sought to be repealed appearing in black brackets:

Provided further, That any pay which may be due any member of the Fleet Naval Reserve [, transferred thereto prior to July 1, 1925,] shall be forfeited when so ordered by the Secretary of the Navy, upon the failure, under such conditions as may be prescribed by the Secretary of the Navy, of such member to report for inspection:

The existing law gives the Secretary of the Navy authority to stop the retainer pay of any member of the Fleet Naval Reserve transferred thereto prior to July 1, 1925, who fails to report for inspection; but, in an unpublished decision by the Comptroller General of the United States, dated June 23, 1930, it was held that there is no law under which a man transferred to the Fleet Naval Reserve, subsequent to July 1, 1925, could be held to forfeit his retainer pay unless by sentence of a court-martial.

The bill corrects this situation by deleting the words "transferred thereto prior to July 1, 1925," from the second proviso of section 24 in order that the Secretary of the Navy may have the authority to stop the retainer pay of any member of the Fleet Naval Reserve who fails to report for inspection regardless of the date of his transfer.

The following letter from the Secretary of the Navy addressed to the chairman of the Committee on Naval Affairs of the House of Representatives, sets forth the recommendation of the department, and is hereby made a part of this report:

CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

NAVY DEPARTMENT, Washington, December 1, 1931.

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: There is inclosed herewith a copy of a letter, together with a copy of a proposed bill "To amend section 24 of the act approved February 28, 1925, entitled 'An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve,' as amended by the act of March 2, 1929," this day forwarded to the Speaker of the House of Representatives.

Sincerely yours,

C. F. ADAMS, Secretary of the Navy.

NAVY DEPARTMENT, Washington, December 1, 1931.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: I have the honor to transmit herewith a draft of a proposed bill "To amend section 24 of the act approved February 28, 1925, entitled 'An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve,' as amended by the act of March 2, 1929."

The purpose of the proposed legislation is to amend the second proviso of section 24 of the act approved February 28, 1925, as amended by the act of March 2, 1929, by deleting the words "transferred thereto prior to July 1, 1925," so that the said proviso will read as follows:

"Provided further, That any pay which may be due any member of the Fleet Naval Reserve shall be forfeited when so ordered by the Secretary of the Navy upon the failure, under such conditions as may be prescribed by the Secretary of the Navy, of such member to report for inspection.'

The act of March 2, 1929 (45 Stat. 1476; U. S. C., Supp. IV, title 34, sec. 785), amending section 24 of the act of February 28, 1925 (43 Stat. 1087; U. S. C., title 34, sec. 785), entitled "An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve," provides:

"That any pay which may be due any member of the Fleet Naval Reserve, transferred thereto prior to July 1, 1925, shall be forfeited when so ordered by the Secretary of the Navy upon the failure, under such conditions as may be prescribed by the Secretary of the Navy, of such member to report for inspection."

This law gives the Secretary of the Navy authority to stop the retainer pay of any member of the Fleet Naval Reserve transferred thereto prior to July 1, 1925, who fails to report for inspection; but, in an unpublished decision by the Comptroller General of the United States, dated June 23, 1930, A-32212, it was held that there is no law under which a man transferred to the Fleet Naval Reserve subsequent to July 1, 1925, could be held to forfeit his retainer pay unless by sentence of a court-martial.

The Navy Department desires to correct this situation by deleting the words "transferred thereto prior to July 1, 1925," from the second proviso of section 24, in order that the Secretary of the Navy may have the authority to stop the retainer pay of any member of the Fleet Naval Reserve who fails to report for inspection regardless of the date of his transfer.

The proposed legislation, if enacted, would involve no additional cost to the Government.

The inclosed draft is identical with H. R. 17135, introduced in the House of Representatives on February 17, 1931, referred to the Committee on Naval Affairs and given a favorable report by that committee on February 21, 1931. In view of the foregoing, the Navy Department recommends that this proposed legislation be enacted.

Sincerely yours,

C. F. ADAMS, Secretary of the Navy.

о

1st Session

No. 546

AMEND THE ACT TO AUTHORIZE CONSTRUCTION AND PROCUREMENT OF AIRCRAFT AND AIRCRAFT EQUIPMENT WITH REFERENCE TO THE NUMBER OF ENLISTED PILOTS IN THE NAVY

FEBRUARY 18, 1932.-Referred to the House Calendar and ordered to be printed

Mr. SUTPHIN, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany H. R. 6599]

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 6599) to amend the act entitled "An act to authorize the construction and procurement of aircraft and aircraft equipment in the Navy and Marine Corps, and to adjust and define the status of the operating personnel in connection therewith," approved June 24, 1926, with reference to the number of enlisted pilots in the Navy, having had the same under consideration, report favorably thereon, with the following amendment, and recommend that the bill do pass.

Line 2 of page 2, after the word and figure "July 1," strike out the figures "1931" and insert the figures "1932".

In compliance with clause 2a of Rule XIII there is herewith printed paragraph 8 of section 3 of the act of June 24, 1926 (44 Stat. L. 767; U. S. C., Supp. III, title 34, sec. 735), sought to be amended, the language sought to be repealed appearing in brackets and the amendatory language appearing in italics:

PAR. 8. On and after [July 1, 1928] July 1, 1932, and in time of peace, not less than 20 per centum of the total number of [enlisted] pilots employed in aviation tactical units of the Navy [shall not be less than 30 per centum of the total number of pilots employed in the Navy on aviation duty] and Marine Corps shall be enlisted men, except when the Secretary of the Navy shall determine that it is impracticable to secure that number of enlisted pilots.

The above amendment to paragraph 8 will place the Navy Department in the same position as to the control of the percentage of the enlisted pilots as now exists under law in the Army.

The minimum figure of 30 per cent of the total number of pilots employed in the Navy on aviation duty by existing law was based upon experience gained prior to the enactment of the law mentioned above in 1926, which, however, was a somewhat limited experience in HR-72-1-VOL 1- -62

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