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EXCHANGE OF CERTAIN REAL PROPERTY

the railroad and the Government are in each other's way and it is desired by both parties to make a change.

About a year ago negotiations were actively entered upon between the officials of the railroad companies and Mr. Lamphier, the superintendent of lighthouses, whose office is in New Orleans. About last September they reached an agreement under which a large portion of the land (of which there was originally about 4 acres) should be released to us by the Government and the railroad in turn should convey to the Government for lighthouse purposes the pier now occupied by the lighthouse department, together with a strip of land about 190 feet along the water front and 80 feet deep, and the railroad was further obligated to build no other piers close enough to the lighthouse pier to interfere with the free use by the lighthouse board of slips or channels along their pier for the accommodation of boats. The pier is something over 1,000 feet long, and the railroad is to provide a roadway for ingress and egress.

This agreement made with the superintendent was approved by the Commissioner of Lighthouses at Washington and by the Secretary of Commerce. It was found necessary to have Congress pass an act giving the Lighthouse Bureau or the Department of Commerce the authority to carry out the agreement. The bill for that purpose was prepared by the Department of Justice and was approved by the Department of Commerce, and then the draft of the bill was sent to the United States district attorney at Mobile, who had previously had occasion to acquaint himself with the situation. He suggested some minor changes, after a conference at Mobile between a representative of the railroad, Mr. Lamphier, the superintendent of lighthouses, and the district attorney.

The bill also has the approval of the Bureau of the Budget, as will appear by the annexed communications, which are made a part of this report.

Hon. JAMES S. Parker,

Chairman Committee on Interstate and Foreign Commerce,

MAY 17, 1930.

MY DEAR CONGRESSMAN: Referring to department's letter of May 16, reporting on H. R. 12231, entitled "Authorizing the exchange of certain real properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co. by the appropriate conveyances containing certain conditions and reservations,' my attention has been called to an error in section 2, paragraph (a), line 19. The word "northwest" should be "northeast." bill be amended so as to substitute the word "northeast" for the word "northIt is recommended that the west" in said section.

House of Representatives, Washington, D. C.

Very truly yours,

E. F. MORGAN,
Acting Secretary of Commerce.

MAY 17, 1930.

Hon. JAMES S. PARKER,

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: I have your letter of the 15th instant, relative to H. R. 12231, which would authorize the Secretary of Commerce to convey to the Gulf, Mobile & Northern Railroad Co. the Choctaw Point Lighthouse Reservation, Mobile County, Ala., in exchange for and dependent upon the said railroad

conveying to the United States, by warranty deed and such abstracts and certifications as may be necessary to convey a title acceptable to the Attorney General, a certain described parcel of land and a pier known as the Gulf, Mobile & Northern Railroad Co. Pier No. 3.

This bill has been considered by this department and I know of no objection to its approval.

However, in checking the printed bill with a typewritten copy on file in this department, I find that the word "northwest" on page 3, line 19, of the printed bill appears as "northeast" in the typewritten copy; and on inquiry am informed by the Lighthouse Bureau of the Department of Commerce that the word should be "northeast."

Respectfully,

Memorandum for the Secretary of Commerce.

THOMAS D. THACHER,
Acting Attorney General.

MAY 14, 1930.

1. The bureau is returning herewith letter of May 8, 1930, from the chairman of the House Committee on Interstate and Foreign Commerce, requesting a report on H. R. 12231, entitled, "Authorizing the exchange of certain real properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co., by the appropriate conveyances containing certain conditions and reservations."

2. Under authority of the act of Congress dated April 23, 1902 (32 Stat. 119), the Mobile, Jackson & Kansas City Railroad Co. was granted permission to build and construct wharves, docks, piers, and other structures, for use in the operation of its railroad, upon a tract of land at Choctaw Point, Mobile County, Ala., and now held by the United States for lighthouse purposes. The Gulf, Mobile & Northern Railroad Co., succeeded to the rights of the Mobile, Jackson & Kansas City Railroad Co. and subsequently entered into a sublease with the Continental Roofing Co., authorizing the latter to construct two oil tanks and a pumping station on the property. A protest was made by the Lighthouse Service against such use of the property, on the ground that this use was not authorized by the act of 1902.

3. Under section 4 of the act of 1902, the United States reserved the right to repossess the property at any time, upon making just compensation for the structures. The Lighthouse Service is in need of greater depot facilities at Mobile, and by department letter of March 7, 1928, the matter was taken up with the Attorney General, with request that the property be repossessed by such legal measures as might be necessary. After considerable correspondence it was decided that the best way to settle the matter was by an exchange of property between the Lighthouse Service and the Gulf, Mobile & Northern Railroad Co., and terminating the lease arrangement.

4. H. R. 12231 appears to be in satisfactory form and it is recommended that the department report favorably thereon, if there is no objection.

G. R. PUTNAM, Commissioner of Lighthouses.

Hon. ROBERT P. Lamont,

Secretary of Commerce.

BUREAU OF THE BUDGET,
Washington, May 15, 1930.

MY DEAR MR. SECRETARY: I have your letter of the 12th instant concerning H. R. 12231, a bill "Authorizing the exchange of certain real properties situated in Mobile, Ala., between the Secretary of Commerce on behalf of the United States Government and the Gulf, Mobile & Northern Railroad Co., by the appropriate conveyances containing certain conditions and reservations."

You are advised that in so far as the financial program of the President is concerned, there is no objection to your proposed report.

Sincerely yours,

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Mr. DALE, from the Committee on Commerce, submitted the following

REPORT

[To accompany H. R. 11703]

The Committee on Commerce, to whom was referred the bill (H. R. 11703) granting the consent of Congress to the city of Olean, N. Y., to construct, maintain, and operate a free highway bridge across the Allegheny River at or near Olean, N. Y., having considered the same, report favorably thereon, and recommend that the bill do pass without amendment.

The bill has the approval of the Departments of War and Agriculture, as will appear by the annexed House of Representatives Report No. 1362, which is made a part of this report.

[House Report No. 1362, Seventy-first Congress, second session]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 11703) granting the consent of Congress to the city of Olean, N. Y., to construct, maintain, and operate a free highway bridge across the Allegheny River, at or near Olean, N. Y., having considered the same, report thereon with a recommendation that it pass.

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

WAR DEPARTMENT, April 22, 1980. 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. 11703, 71st Cong., 2d sess.) granting the consent of Congress to the city of Olean, N. Y., to construct a free highway bridge across the Allegheny River at or near Olean, N. Y.

F. TRUBEE DAVISON,
Acting Secretary of War.

DEPARTMENT OF AGRICULture,

Washington, April 29, 1930.

Hon. JAMES S. PARKER,

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 11703, transmitted with your letter of April 17 with request for a report thereon and such views relative thereto as the department might desire to communicate. This bill would authorize the city of Olean, N. Y., to construct, maintain, and operate a free highway bridge and approaches thereto across the Allegheny River at or near Olean, Cattaraugus County, State of New York. Favorable action on the bill is recommended.

Sincerely,

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