operated as flying fields and that, therefore, their further and unified development as a municipal airport would be a relatively simple undertaking compared with the task of putting virgin lands to such uses. As an additional feature the fact that these fields are within 15 minutes of the business and hotel center of Washington carried a further and potent argument in their behalf.

In the process of developing these properties, it would be necessary to reroute a portion of Military Highway, so that there would be no dividing line between the fields, a change that would add very materially to the acreage of the tract. A comparatively small amount of filling would be required also between Columbia Island and the mainland.

These improvements made and the entire area thrown into one tract, airplane runway facilities half a mile in length in the direction of the stronger winds, and four-fifths of a mile in the direction of the lighter winds could readily be provided.

During all of its deliberations, the joint commission has not been unmindful of the airport possibilities latent in that tract bordering on the Potomac known as Gravelly Point, located about one-half mile below Highway Bridge on the Virginia side. In the consideration of this possible site, however, the commission was forced to take into account the evidence given by Army engineers to the effect that if Gravelly Point were developed only through the normal rate of filling with material dredged from the river channel it would take 40 years to provide land for an airport that might be available to the next generation.

Testimony from engineering experts showed that if the Gravelly Point tract were already filled to-day, it would require at least five years before the fill would settle sufficiently to warrant the construction of concrete runways, or warrant a proper development of grass. Nevertheless, the commission believes that Gravelly Point possesses highly encouraging possibilities for the future in the Capital airport problem, and its gradual development is favored, to the end that the future growth of commercial air transportation at the National Capital may be amply provided for.

In considering any property bordering on the Potomac River for airport purposes, the factor of atmospheric and weather conditions, particularly fog, although not a controlling element, must be reckoned with and duly weighed. It is believed that in view of the occasional, though relatively infrequent occurrence of fog in sufficient volume to render hazardous the use of the suggested tract for airport purposes, additional property situated at a materially higher altitude and some distance from tidewater, although as convenient as possible to the center of the city, should be acquired and developed as an auxiliary airport.

In view of the foregoing observations, and having given careful consideration to all of the manifold elements entering into the problem of providing timely and adequate airport facilities for the Nation's Capital, the Joint Commission recommends the following steps to that end, namely:

1. The passage by Congress of legislation similar to the Cramton bill (H. R. 26, 71st Cong.) providing for a loan by the United States Government to the District of Columbia for airport development purposes of $2,500,000, without interest, to extend over a period

of 10 years, and to be paid back by the District of Columbia in 10 annual installments of $250,000 each.

2. The acquisition, under the most advantageous terms obtainable, by the National Capital Park and Planning Commission, for immediate development, of the properties situated at or near the southern terminus of the Highway Bridge known as Washington Airport and Hoover Field, as best suited to the immediate airport needs of the Capital.

3. The passage of legislation providing for a change in the location and routing of that part of the highway known as Military Road, lying between Washington Airport and Hoover Field, so as to afford uninterrupted continuity of these lands for airport use.

4. The passage of legislation permitting the government of the District of Columbia to use such portion of the so-called Agricultural experimental farm lands lying east of the railroad tracks and adjacent to Hoover Field as may be required for municipal airport purposes.

5. That the full control and management of the airport proposed to be thus established be vested in the government of the District of Columbia.

6. The gradual development of the tract known as Gravelly Point. 7. The acquirement by the National Capital Park and Planning Commission of a site situated on high land, as near as possible to the center of the city, for development as an auxiliary airport to be available for use whenever weather and atmospheric conditions render inadvisable the operation of aircraft at the main municipal airport.

O

BRIDGES ACROSS THE RED RIVER BETWEEN STATES OF TEXAS AND OKLAHOMA

MARCH 6, 1930.-Referred to House Calendar and ordered to be printed

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

REPORT

[To accompany H. R. 7968]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7968) authorizing the States of Texas and Oklahoma to construct, maintain, and operate a free highway bridge across the Red River at or near United States Highway No. 77 between the towns of Gainesville, Tex., and Marietta, Okla., having considered the same, report thereon with amendments and, as so amended, recommend that it pass.

Amend the bill as follows:

Strike out all after the enacting clause and insert the following:

That the consent of Congress is hereby granted to any agreements or compacts that have heretofore been or may hereafter be entered into by and between the State of Oklahoma or the highway department thereof, and the State of Texas or the highway department thereof, providing for the purchase or condemnation and maintenance of any existing highway bridge over the Red River, or for the construction and maintenance of additional highway bridges over the Red River, at such locations as have been or may be selected and agreed upon by the two States or their highway departments, for the purpose of connecting the highways of the State of Oklahoma with the highways of the State of Texas.

SEC. 2. If any part of the bed of the Red River where it adjoins the boundary line between the States of Oklahoma and Texas is public land belonging to the United States, or is unallotted Indian lands reserved for or belonging to any of the Indian tribes under any treaty between the United States and such Indian tribes, rights of way over such lands for the construction and maintenance of public highways, and for the location, construction, and maintenance of necessary piers and abutments for any bridges that have been or may be purchased, condemned, or constructed and maintained on such highways, are hereby granted to the State of Oklahoma and the State of Texas at such locations as have been or may be selected and agreed upon by and between said States.

SEC. 3. There is hereby conferred upon the States of Oklahoma and Texas, or the highway departments thereof, acting jointly, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate needed for the location, construction, and maintenance of such highways, and for the purchase, condemnation, construction, and maintenance of any bridges thereon in either of such States as are possessed by the State in which such real estate is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of private property for public purposes in such State.

SEC. 4. The right to alter, amend, or repeal this act is hereby expressly reserved.

Amend the title so as to read:

A bill granting the consent of Congress to agreements or compacts between the States of Oklahoma and Texas for the purchase, construction, and maintenance of highway bridges over the Red River, and for other purposes.

Three bills to grant the consent of Congress to the States of Oklahoma and Texas for the construction, maintenance, and operation of three free highway bridges across the Red River were filed and referred to the Committee on Interstate and Foreign Commerce for consideration. They were H. R. 7008, by Mr. Johnson of Oklahoma, for a bridge at or near Ringgold, Tex.; H. R. 7967, by Mr. Cartwright, for a bridge at or near United States Highway No. 75 in the vicinity of Denison, Tex., and H. R. 7968, by Mr. Cartwright, to build a bridge at or near United States Highway No. 77 in the vicinity of Gainesville, Tex.

The purpose of these three bills appears to have been to authorize the States of Texas and Oklahoma to build three highway bridges at the points referred to where privately owned toll bridges are now in operation. Objections were urged to the passage of these bills by the owners of some of the existing toll bridges on the ground that to permit the States of Oklahoma and Texas to construct free highway bridges in the immediate vicinity of the existing privately owned toll bridges would amount to a confiscation of their property. The policy of the Committee on Interstate and Foreign Commerce has always been to not recognize the right of any monopoly in the crossing of the navigable waters of the United States. In granting franchises to construct bridges over such waters the committee has never granted an exclusive right to anyone. Those who invest in privately owned toll bridges over any of the navigable waters of the United States do so with the knowledge that other bridges may be authorized in the vicinity, and that the consent of Congress may be granted to the States or other public authorities to construct free bridges whenever they desire to do so.

Hearings were held on these three bridge bills at which representatives from the attorney general's offices of Texas and Oklahoma and representatives of the bridge owners and others appeared and were heard by the committee. There was at no time any doubt on the part of the committee as to the rights of the States of Oklahoma. and Texas to construct free highway bridges over the Red River to connect up their highway systems whenever they desired to do so. There was, however, serious doubt on the part of several of the members of the committee as to the necessity of Federal legislation to enable the States of Oklahoma and Texas to construct such bridges. Congress has jurisdiction over the navigable waters of the United States under the commerce clause of the Constitution. These waterways are the Nation's highways for commerce and by virtue of the commerce clause of the Constitution Congress has exclusive jurisdiction over the navigable waters for the purpose of promoting and protecting the commerce on them. Until quite recently the Red River between Texas and Oklahoma was considered a navigable waterway of the United States; but in the case of Oklahoma v. Texas, decided by the Supreme Court of the United States in 258 U. S. 574, the Supreme Court held, after full consideration, that the Red River is nonnavigable from its source to the eastern boundary of the State of Oklahoma. In view of that decision it follows that Congress has no jurisdiction over that part of the Red River for the purpose of

navigation and commerce on the river. Therefore, the provisions of the general bridge act of March 23, 1906, are not applicable to franchises to construct bridges over that part of the Red River forming the boundary between the States of Oklahoma and Texas.

In the case of Oklahoma v. Texas, supra, the Supreme Court held that the south half of the bed of the Red River between meridian 98 west longitude and the mouth of the North Fork of the Red River was in the United States Government; the court also held that the boundary line between the States of Oklahoma and Texas was the cut bank on the south side of the Red River.

The three bills before the committee asked for the consent of Congress to the States of Oklahoma and Texas to build bridges over the Red River in certain locations all of which were east of the ninety-eighth meridian of longitude, and the question arose with the committee as to whether or not any part of the bed of the Red River lying between the eastern boundary of Oklahoma and the ninetyeighth meridian of longitude was in the United States Government, as had been held by the Supreme Court to be the case in that part of the river lying between the ninety-eighth meridian of longitude and the mouth of the North Fork. This question was submitted by the committee to the Attorney General, and an opinion was furnished to the committee by Attorney General Mitchell in which he held. that after thorough investigation and study he had reached the conclusion that no part of the bed of the Red River between the eastern boundary of Oklahoma and the ninety-eighth meridian of longitude belonged to the United States. If the opinion of the Attorney General is correct, and if no part of that bed of the Red River belongs to the United States, then it follows that the consent of Congress to construct a bridge over that part of the Red River was not necessary.

On the other hand, it was claimed at the hearings that a part of the bed of that part of the Red River did belong to the United States or belonged to certain Indian tribes as unallotted lands under treaties made by the Federal Government with the Indian tribes.

That question was submitted to the Chief of the Bureau of Indian Affairs for his opinion and the Chief of the Bureau of Indian Affairs submitted his opinion to the committee, holding that no part of the bed of the Red River between the eastern boundary of Oklahoma and the ninety-eighth meridian of longitude was unallotted lands of of the Indian tribes; but certain witnesses at the hearing claimed that the opinion of the Chief of the Bureau of Indian Affairs was not correct in that respect, and that the title to a part of the bed of the river still remained in the Indian tribes, and that as trustee or guardian for the Indians, the consent of Congress was necessary before a bridge could be constructed over the river. Inasmuch as the Red River adjoins the boundary line between the States of Oklahoma and Texas, if toll bridges are constructed over that river and taxes or charges are made upon commerce passing between the States over such bridges, clearly the regulation of such toll bridges rests with the Congress under the commerce clause of the Constitution. In order to meet that situation Congress passed a general law which was approved on March 4, 1927, and which was as follows:

That when tolls are charged for the transit over any highway bridge across the Red River between the States of Oklahoma and Texas, of persons, animals, cars, vehicles, or other property, such tolls shall be just and reasonable, and the