Imagini ale paginilor
PDF
ePub

TO AMEND SECTIONS 22 AND 39, TITLE II, OF THE NATIONAL PROHIBITION ACT

MARCH 31, 1930.-Referred to the House Calendar and ordered to be printed

Mr. CHRISTOPHERSON, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 11199]

The Committee on the Judiciary, to whom was referred the bill H. R. 11199, after consideration, reports the same favorably and recommends that the bill do pass.

This bill proposes amendments to sections 22 and 39 of the national prohibition act.

Section 22 provides a method to enjoin a nuisance and by writ of injunction to restrain the continuance of such nuisance. It has been found that it fails to provide for obtaining jurisdiction upon unknown parties in interest or parties who are absent from the jurisdiction of the court. Experience has shown that parties engaged in the illicit sale of intoxicating beverages, in order to circumvent this statute, have been known to convey an interest in the property in question to an unknown party and, the Government being unable to locate or make personal service on such unknown owner, the action fails.

The amendment provided in this bill makes provision for obtain.. ing jurisdiction upon such unknown party in interest by substituted service, and the amendment to section 39 makes provision for service of the summons by substituted service.

Line 7, page 1, of the bill, to and including line 12, on page 2, are new matter which it is proposed to add to section 22, Title II, of the national prohibition act.

The amendment to section 39 begins after the word "court," in line 21, page 2 of the bill, and consists of the following words:

"or there must be substituted service as provided in section 22 of this title (U. S. C. title 27, sec. 34) as amended by this act."

These amendments have been recommended by the National Commission on Law Observance and Enforcement, as found on page 14 in the message from the President of the United States on January 13, 1930. (H. Doc. No. 252, 71st Cong., 2d sess.)

HR-71-2-VOL 2-84

CONSTRUCTION OF ROADS IN NATIONAL FORESTS

MARCH 31, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. COLTON, from the Committee on Roads, submitted the following

REPORT

[To accompany H. R. 10379]

The Committee on Roads, to whom was referred the bill (H. R. 10379) to amend the act entitled "An act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes," approved July 11, 1916, as amended and supplemented, and for other purposes, having considered the same, report it favorably to the House with the recommendation that it do pass without amendment.

The section of the act approved November 9, 1921 (U. S. C., title 23, sec. 23), referred to in this legislation appears in the left-hand column and the amendment proposed appears in italics in the righthand column.

23. FOREST ROADS AND TRAILS; APPROPRIATION; MANNER OF EXPENDI

TURES. (a) Fifty per centum, but not to exceed $3,000,000 for any one fiscal year, of the appropriation made or that may hereafter be made for the survey, construction, reconstruction, and maintenance of forest roads and trails shall be expended under the direct supervision of the Secretary of Agriculture in the survey, construction, reconstruction, and maintenance of roads and trails of primary importance of the protection, administration, and utilization of the national forests, or when necessary for the use and development of the resources upon which communities within or adjacent to the national forests are dependent, and shall be apportioned among the several States, Alaska, and Porto Rico by the Secretary of Agriculture according to the

That for the purpose of carrying out the provisions of section 23 of the Federal highway act, approved November 9, 1921, there is hereby authorized to be appropriated for forest roads and trails, out of any money in the Treasury not otherwise appropriated, the following additional sums, to be available until expended in accordance with the provisions of said section 23: The sum of $12,500,000 for the fiscal year ending June 30, 1932; the sum of $12,500,000 for the fiscal year ending June 30, 1933.

Sec. 2. There is hereby authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, in addition to the authorization approved in section 2 of the act of May 26, 1928, the additional sum of $5,000,000 for the fiscal year ending June 30, 1931, to be expended in accordance with the provisions of section 23 of

relative needs of the various national forests, taking into consideration the existing transportation facilities, value of timber, or other resources served, relative fire danger, and comparative difficulties of road and trail construction.

The balance of such appropriation shall be expended by the Secretary of Agriculture in the survey, construction, reconstruction, and maintenance of forest roads of primary importance to the State, counties, or communities within, adjoining, or adjacent to the national forests, and shall be prorated and apportioned by the Secretary of Agriculture for expenditures in the several States, Alaska, and Porto Rico according to the area and value of the land owned by the Government within the national forests therein as determined by the Secretary of Agriculture from such information, investigation, sources, and departments as the Secretary of Agriculture may deem most

accurate.

(b) Cooperation of Territories, States, and civil subdivisions thereof may be accepted but shall not be required by the Secretary of Agriculture.

(c) The Secretary of Agriculture may enter into contracts with any Territory, State, or civil subdivision thereof for the construction, reconstruction, or maintenance of any forest road or trail or part thereof.

(d) Construction work on forest roads or trails estimated to cost $5,000 or more per mile, exclusive of bridges, shall be advertised and let to contract.

If such estimated cost is less than $5,000 per mile, or if, after proper advertising, no acceptable bid is received, or the bids are deemed excessive, the work may be done by the Secretary of Agriculture of his own account; and for such purposes the Secretary of Agriculture may purchase, lease, hire, rent, or otherwise obtain all necessary supplies, materials, tools, equipment, and facilities required to perform the work.

Any appropriation that may be made for expenditure under the provisions of this section may be expended for the purpose authorized in this section and for the payment of wages, salaries, and other expenses for help employed in connection with such work.

the Federal highway act and acts amendatory thereof or supplementary thereto.

Sec. 3. In the expenditure of any amount in excess of $7,500,000 from appropriations under the authorization made for each of the fiscal years ending June 30, 1931, June 30, 1932, and June 30, 1933, for carrying out the provisions of section 23 of the Federal highway act, the Secretary of Agriculture shall give preference to those projects, which he shall determine are not otherwise satisfactorily financed or provided for, which are located on the Federal-aid highway system as the same is now or hereafter may be designated: Provided, That the projects so preferred on the Federal-aid highway system shall be constructed of the same standard as to width and character of construction as the Federal Government requires of the States under like conditions: And provided further, That the Secretary of Agriculture shall prepare, publish, and distribute a map and other information, at least annually, showing the progress made in the expenditure of the funds authorized under this section.

Sec. 4. All acts or parts of acts in any way inconsistent with the provisions of this act are hereby repealed, and this act shall take effect on its passage.

For a number of years Congress has been making authorizations for the construction of roads through the national forests. Annual authorizations have also been made regularly by Congress for the construction of roads on the Federal aid or 7 per cent system. The authorizations for several years past have been $75,000,000 annually for Federal aid and $7,500,000 for forest roads and trails. It has

been found that under these authorizations construction of the Federal-aid system of roads outside of the forests has proceeded much more rapidly than has the construction of roads within the forest areas. In several States the Federal-aid system has been completed and in many other of the States a few years more will bring the roads on the 7 per cent system to at least a gravel surface standard. Estimate of the time it will take to complete the forest highway system, under the present rate of progress, indicate that from 30 to 40 years will be required.

The House during the passed week passed H. R. 5616, which increases the annual authorization for Federal-aid roads from $75,000,000 to $125,000,000. H. R. 10379 provides a proportionate increase for forest roads and trails, making the authorization for the ensuing three years $12,500,000 per year.

Under section 3 of the bill the expenditure of the additional $5,000,000 per year is to be made under a provision that the Secretary of Agriculture shall give preference to those projects which he shall determine and not otherwise satisfactorily financed or provided for, which are located on the Federal-aid highway system as the same is now or hereafter may be designated. The effect of this provision will be to concentrate the expenditure of the additional sums provided in this bill on important connections in the Federal-aid highway system. This will serve to make transcontinental and interstate highways available for traffic throughout their whole length by the construction of those sections that have hitherto been unconstructed barriers across forest areas in the Western States.

The bill further provides that the construction to be undertaken with the funds provided shall be of the same standard as to width and character of construction as the Federal Government requires of the State under like conditions. This means that roads on the Federalaid system through the forests will hereafter be of a like character of construction to the Federal-aid roads on either side of the forest boundaries.

Your committee was impressed with the testimony presented at the hearings showing that every State highway department of the 11 western public-land States is urgently asking that this bill pass. Indeed, all interests affected by the bill seem to be united in favor of its passage. This includes the Forest Service, the Bureau of Public Roads, and automobile associations, as well as the States. The record is filled with statements from these officials that it will be impossible to build the absolutely necessary connecting links in the Federal-aid system within the forests without the additional funds provided in this bill. The American Association of State Highway Officials also indorsed this legislation at their meeting held at San Antonio, Tex., November 14, 1929. If the transcontinental roads are to be completed and made adequate for rapidly increasing demands made upon them, legislation of this character is urgently needed. Early passage of the bill will materially assist in relieving the unemployment situation, because it is intended to make immediate use of the funds authorized.

O

« ÎnapoiContinuă »