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Treasury, gives the Attorney General absolute power to overrule the Secretary of the Treasury respecting permits extending beyond 90 days. This provision gives the Attorney General overwhelming power in the administration end of the nonprohibited business under the national prohibition act and reaches to every business operation in nonbeverage liquors, including altar and other sacramental wines.

Thus the bill as reported confers upon the Attorney General not only the legal power within the strict prohibition field to investigate, detect, and prosecute crimes against the prohibition law, but also to participate in the internal revenue and business aspects of the administration, and by his veto power to control substantially all of the business operations of industrial alcohol, medicinal liquors, and sacramental wine distribution.

Much discussion occurred in the committee regarding section 5 (b). This section legislates out of existence all existing regulations on the effective date of this new measure.

Section 10 provides:
This act shall take effect on the first day of the second month after its approval.

In other words, all existing regulations are wiped out within a minimum of 30 or 31 days, or a maximum of 2 months, after the approval of the act. The Attorney General and the Secretary of the Treasury in that short period would have to prepare new regulations to replace existing regulations now covering some 600 or 700 pages of printed matter and dealing with every feature of prohibition administration as now comprised in the voluminous regulations affecting all fields of prohibition activity:

I object to the provisions of the bill as originally drafted and as reported. The entire business administration under the prohibition act, affecting 160,000 permittees engaged in industrial alcohol operations, the medical professions, pharmaceutical and hospital operations, and the whole field of sacramental wine and religious customs, should be left with the Treasury Department.

The investigation, detection, and prosecution of crimes under the act should be put with the Department of Justice. The Attorney General, instead of being given any authority over permits, should be entirely relieved of any concern therewith. The effect of this would be to enable the Attorney General and his staff of lawyers and investigators to search out and prosecute crime wherever it occurs, whether by moonshiner, smuggler, bootlegger, or any other kind of violator, including the whole mass of permittees acting under permit authority.

The Attorney General, in order to comply with the bill as reported, will, if he exercises the functions, have to maintain a considerable part of his force in examining permittees' applications and deciding whether or not he approves in a preliminary way of permits being issued. These functions will take the time and attention of men who should be investigating, detecting, and prosecuting actual crimes. Such a burden defeats the very purpose of this bill, which is to enable the Attorney General to prosecute through his own organization by detection of crime and preparation of cases within the Department of Justice. The penal business should be at the Department of Justice and the business end should be left with the Treasury Department.

John J. COCHRAN.

PAVING GOVERNMENT ROAD, FORT SILL MILITARY

RESERVATION

FEBRUARY 3, 1930.—Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

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

the following

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The Committee on Military Affairs, to whom was referred the bill (H. R. 7272) to provide for the paving of the Government road across Fort Sill (Okla.) Military Reservation, introduced by Mr. Johnson of Oklahoma, having considered the same, report thereon with the recommendation that it do pass with the following amendments: Strike out the language after the enacting clause and insert in lieu thereof:

That the Secretary of War is authorized to construct a paved road across the Fort Sill (Oklahoma) Military Reservation, beginning at the site of the fort and running to the reservation limit on the north, over such route as he may determine, for which an appropriation is hereby authorized in such amount as may be required to pay one-half the cost of the improvement of said road, but not in excess of the amount that would be payable as Federal aid for the construction of a primary road of equal length in the vicinity of said reservation under the Federal highway act of November 9, 1921, as amended: Provided, That the State of Oklahoma or civil subdivisions thereof or local interests concerned shall contribute an amount sufficient to cover the remainder of the cost of improving said road, and the Secretary of War is hereby authorized to expend such sum as may be so contributed concurrently with the appropriation herein authorized.

This is a bill to provide for road construction at Fort Sill, Okla., in order that that portion of an important north and south highway which lies within the reservation may be improved in the same manner and to the same extent as the rest of the highway in the State of Oklahoma.

Your committee feels that by reason of the fact that public use of the highway makes necessary the expenditure, the State should bear a portion of the expense, and it is understood that the State highway

department has agreed to pay half the cost of the improvement, and also that the State is willing, as provided in the bill, to take over the road when completed.

However, the War Department does not feel that jurisdiction should be surrendered, because the road to be improved under the provisions of this bill lies wholly within the reservation and the Government should retain control.

The sum estimated by the State highway department as necessary to complete the approximately 44 miles of the road running through the reservation is $159,817.

The War Department, in order to carry out the improvements in a manner satisfactory to the Government has submitted an amendment, and your committee feels that the bill should be amended by striking out all the language after the enacting clause and inserting in lieu thereof the language submitted by the War Department.

The letter explaining the measure and proposed amendment is as follows:

JANUARY 27, 1930. Hon. W. FRANK JAMES, Chairman Committee on Military Affairs,

House of Representatives. DEAR MR. James: Careful consideration has been given to the bill (H. R. 7272) to provide for the paving of the Government road across Fort Sill (Okla.) Military Reservation, transmitted with your letter of December 13, 1929, with request for a report thereon and such views relative thereto as the department might desire to communicate.

There is no provision of existing law applicable to the subject of the proposed bill.

The road in question connects at each end with one of the most traveled north and south highways in the vicinity of Fort Sill, and its improvement would afford a safe and satisfactory route across the reservation for the use of the general public.

Were the road not located on a Federal reservation the State could take steps to have it declared a Federal highway, and if placed in this class could secure public funds for 50 per cent of the cost of its improvement. Due to its location on a Federal reservation the State is denied the privilege of securing public funds in the manner above described and it appears equitable that the State should receive Federal aid in the construction of this highway.

The proposed bill would charge the entire cost of the improvement of the highway in question against War Department appropriations, and in view of the many more urgent needs for these funds the War Department is not in favor of the proposed legislation in its present form, but would not object to the passage of legislation drawn substantially as follows:

“That the Secretary of War is authorized to construct a paved road across the Fort Sill (Oklahoma) Military Reservation, beginning at the site of the fort and running to the reservation limit on the north over such route as he may determine, for which an appropriation is hereby authorized in such amount as may be required to pay one-half the cost of the improvement of said road but not in excess of the amount that would be payable as Federal aid for the construction of a primary road of equal length in the vicinity of said reservation under the Federal highway act of November 9, 1921, as amended: Provided, That the State of Oklahoma or civil subdivisions thereof or local interests concerned shall contribute an amount sufficient cover the remainder of the cost of improving said road, and the Secretary of War is hereby authorized to expend such sum as may be so contributed coifcurrently with the appropriation herein authorized."

However, it is desired to state in this connection that in the event of the passage of the proposed legislation in the amended form it would be necessary, in view of the many urgent needs for War Department funds, to give this project a low priority, and it would probably be many years before it could be undertaken.

It is also noted that reference is made in the bill to the provisions of the act approved March 3, 1925 (sec. 418, title 18, U. S. Code), which are not believed to be applicable to the proposed legislation. The act referred to authorizes the Secretary of War to convey title to and surrender jurisdiction over roads, over national cemeteries and national military parks, to the States, under certain conditions.

As the Fort Sill Military Reservation is an active reservation, the War Department would not be willing to surrender jurisdiction over any portion of the road on the reservation.

It is estimated that the total cost of the bill, if enacted into law as proposed by the War Department, will be approximately $80,000. Sincerely yours,

PATRICK J. HURLEY,

Secretary of War. Q

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