« ÎnapoiContinuă »
provides that for the year 1930 the determination of such actual and necessary losses shall be made solely by the Secretary of Agriculture, and that thereafter such actual and necessary losses shall be determined subject to the approval of the Secretary of Agriculture in accordance with the statutes of the States in which noncotton zones exist.
H. J. Res. 232 will annul the precedent for full Federal compensation established by Public Res. 47 of the Seventieth Congress, approved May 21, 1928, by reason of the fact that H. J. Res. 232 is predicated on the principle of equal participation of the State.
In compliance with paragraph 2a of Rule XIII of the Rules of the House of Representatives, changes in existing law made by the resolution are shown as follows, the new matter proposed to be added to existing law being printed in italics and existing law in black brackets.
“That when any State shall have enacted legislation and taken measures, including the establishment and enforcement of noncotton zones, adequate, in the opinion of the Secretary of Agriculture, to eradicate the pink bollworm in any area thereof actually infested, or threatened, by such (pest,] pests, the said Secretary, under regulations to be prescribed by him, is authorized to pay, out of ($5,000,000] $2,500,000 hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be expended in cooperation with the proper authorities of the State concerned in compensating any farmer for his actual and necessary loss due to the enforced nonproduction of cotton within said zones: Provided, That no part of the funds herein authorized to be appropriated shall be available for compensation in connection with the establishment of a noncotton zone in any county unless and until the live pink bollworm is found within such county or within a radius of five miles thereof: Provided further, That such loss as to noncotton zones established by the State of Texas shall be determined as provided for in existing statutes of that State, and similarly by similar statutes which may latter be provided by other States concerned, and that in estimating such loss due account shall be taken of the value of other crops which may be produced on said land, so that the loss shall not exceed the difference in return to the farmer from cotton over such other crops: Provided further, That such determination of actual and necessary loss shall be subject to the review and approval of the Secretary of Agriculture: And provided further, That no reimbursement shall be made with respect to any farmer who has not complied in good faith with all of the quarantine and control regulations prescribed by said Secretary of Agriculture and such State relative to the pink bollworm: Ànd provided further, That when a State through action of its legislature or through action of individuals, associations, and/or corporations shall have made guarantees satisfactory to the Secretary of Agriculture that there shall be repaid into the Treasury of the United States one-half of the appropriation for compensation for the crop of 1930, then on the basis of a determination by the Secretary of Agriculture of the actual and necessary losses incident to the enforcement of noncotton zones the appropriation herein authorized shall be available only for compensation for the crop of  1930 unless the State in which any noncotton zone is established shall thereafter appropriate and pay a sum in each year equal to the amount expended in such State by the United States under this authorization."
TERM OF COURT AT LAS VEGAS, NEV.
FEBRUARY 1, 1930.—Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
Mr. CHRISTOPHERSON, from the Committee on the Judiciary, sub
mitted the following
(To accompany H. R. 7643]
The Committee on the Judiciary, to whom was referred the bill H. R. 7643, after consideration, reports the same favorably with an amendment, and recommends that the bill as amended do pass.
The committee amendment is as follows: Line 8, strike out the words, "and September”. This bill provides for a term of the Federal Court at Las Vegas, Clark County, Nev. Las Vegas is the county seat of Clark County and the distribution center for a vast mining territory, also it will be a distribution point for all supplies going into the Boulder Canyon Dam. It is at Las Vegas that the executives in charge of this great work will be located. All supplies and labor will flow through Las Vegas to the dam site 30 miles away. North of Las Vegas is the agricultural section along the Muddy River and still north of this section is Caliente, the junction point for the railroad leading to Pioche, an active mining center. Pioche is the county seat of Lincoln County.
Carson City, where the Federal court now sits three times a year, is located in the extreme western part of Nevada and is reached both from Las Vegas and Caliente by automobile only, unless a detour is made out of the State and this is a distance of over 400 miles by the shortest route from either point. To go by railroad from Las Vegas or Caliente, or Clark and Lincoln Counties one has to go by way of Salt Lake City or Los Angeles and Sacramento, at least a thousand miles of travel
Clark and Lincoln Counties are located in the extreme southeastern point of Nevada and separated from the rest of Nevada by 200 miles of desert which must be crossed, if at all, by automobile. For the people of this section to be compelled to go to Carson City for appear
ance at court is neither fair nor just and is intensely discriminatory in its effect. Tens of thousands of dollars can be saved to the residents of Clark and Lincoln Counties if at least one term of the Federal court sits at Las Vegas. In view of the number of cases arising in Clark County at the present time Congress is justified in providing for one term of the Federal court at Las Vegas, Nev.
Within a short time, it is presumed, an appropriation will be made to begin the construction of the Boulder Canyon Dam. This will bring thousands of people into Clark County and cases in the Federal court will increase proportionately. Because of the anticipated increase in population at Las Vegas a substantial appropriation has been made for the construction of a Federal building at Las Vegas. This building should contain necessary court space. Without legislation such as this bill proposes the inclusion of such court space is prohibited and this bill makes this provision without disturbing the three sittings of the Federal court at Carson City.
STATE OF NEW YORK
FEBRUARY 1, 1930.-Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
Mr. FITZGERALD, from the Committee on Claims, submitted the
(To accompany H. R. 47)
The Committee on Claims, to whom was referred the bill (H. R. 47) for the relief of the State of New York, having considered the same, report thereon with a recommendation that it do pass.
STATEMENT OF FACTS
Congress in the sundry civil act of 1921 made an appropriation for the purchase of the New York State quarantine property located at the port of New York. Because of the delays incident to the proving of title the transfer of the station to the Government was not effected until March 1, 1921. During 1920 and 1921 a serious emergency arose at the port of New York because of the widespread prevalence of typhus in Europe. Facilities at the quarantine station were wholly inadequate, and in order to protect the public health of the country, increased facilities had to be provided. The State of New York was reluctant to add any improvements to the station because of the imminence of the transfer of the property to Federal control; however the Surgeon General of the Public Health Service recommended to the Governor of New York that the additions be made. The authorities erected the sterilizing plant in question at an additional cost of $55,917.68.
The State of New York has never been reimbursed for this amount. In view of the fact that the Secretary of the Treasury is favorable to this legislation the committee recommends that it do pass.
A letter from the Surgeon General to the Governor of New York dated February 2, 1921, and letters from the Secretary of the Treasury dated February 27 and March 4, 1926, are attached hereto and made a part of this report, as follows:
FEBRUARY 2, 1921. Hon. NATHAN L. MILLER, Governor of New York,
Albany, N. Y. Sir: Dr. L. E. Cofer, health officer, port of New York, has conferred at this bureau to-day with respect to the prospective transfer of the quarantine station from the State to the Federal Government, and especially the bearing this prospective transfer has on the current operations of the station. It is understood that Doctor Cofer's trip was in response to suggestions from your office, with a view to ascertaining, if possible, the probable date upon which the Federal Government will be in a position to consummate the transfer.
In view of the prospects for an early transfer the bureau can very well approciate your natural concern as to the propriety of authorizing the expenditure of State funds to any extent other than is absolutely necessary for the maintenance of the station. For you information I may say that the money for the purchase of this station has been appropriated by Congress and is available and will be paid just as soon as the State authorities can deliver evidence of a clear title to the property. This latter aspect of the project is being handled by the Department of Justice in behalf of the Federal Government and your attorney general's office in behalf of the State of New York. The bureau has been advised that the evidence of clear title by the State as submitted to the Department of Justice appeared to be satisfactory, but that just on the eve of rendering decision in the premises petition was received by the Attorney General of the United States on behalf of certain interests in New York laying claim to the quarantine property and, as a consequence, papers in the case had to be referred again to the United States district attorney at New York for further investigation. How long this may prolong the negotiations the bureau can not say, but assumes that the matter will be expeditiously investigated and trusts that settlement may be effected at an early date. Just as soon as the Attorney General's office has evidence as to the validity of the title the department will immediately forward a warrant to the State of New York for payment of the sum agreed upon for the purchase of the quarantine station. The development which has delayed transfer is naturally one that could not be foreseen either by the Federal Government or by the State.
The character of the emigration to the United States and the deplorable insanitary condition in central Europe together constitute probably the greatest menace to the public health of this country that has existed for many years. I am, therefore, taking the liberty of expressing the hope that, notwithstanding the imminence of transfer and the natural desire of the State not to expend funds on property shortly to pass from its control, you will, in the interest of public health, authorize Doctor Cofer to make liberal expenditure of funds for operating expense of the station, including asonable repair of the station utilities and equipment as may be required for the efficient enforcement of the quarantine laws and regulations. With every assurance of my esteem, I am, Respectfully,
H. S. CUMMING, Surgeon General.
FEBRUARY 27, 1926. DEAR MR. CHAIRMAN: In compliance with your request of the 21st ultimo, for information relative to H. R. 677 and an expression of my opinion as to its merits, I have to submit the following:
This claim is presented because of the fact that during the month of February, 1921, while the transfer of the United States quarantine station in New York Harbor from State to Federal control was imminent, the State of New York authorized the erection at Hoffman Island of a disinfecting plant, which was especially needed at that time for the treatment of verminous persons arriving from those countries in Europe where typhus fever prevailed. The building was not finished until subsequent to March 1, 1921, the date of the transfer. Although the obligation to pay was entered into prior to that date, the money was disbursed by the State of New York subsequent to the transfer of the station to Federal control.
On April 27, 1916, the New York Senate and Assembly enacted a law creating a commission for the purpose of negotiating for the transfer of the quarantine