FISCAL RELATIONS BETWEEN THE GOVERNMENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA

MAY 23, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. MCLEOD, from the Committee on the District of Columbia, submitted the following

REPORT

[To accompany H. R. 11194]

The Committee on the District of Columbia, to which was referred H. R. 11194, which provides for the creation of a permanent commission to inquire into the fiscal relations of the United States and the District of Columbia with a view to ascertaining and recommending periodically to Congress what should be the amount of the annual contribution by the Government of the United States toward the expenses of the District, having had the same under consideration, reports the bill to the House with the recommendation that it do pass with the following amendments:

Page 2, line 6, strike out the word "four" and insert in lieu thereof the word "two";, line 24, insert after the word "necessary" the following: "not to exceed $20,000 per annum".

Page 3, line 6, after the word "Chairmen," insert the words "and two members"; line 11, insert after the word "three" the following: "persons who shall have been for not less than three years"; and line 19, after the word "act," insert the words "and the other members of the Committees of the District of Columbia of the House and Senate". Page 4, lines 8 to 12, inclusive, strike out section 5, which includes lines from 8 to 12. Strike out, on line 13, "SEC. 6" and insert in lieu

thereof "SEC. 5".

All of the amendments, with the exception of the third, were suggested by the Commissioners of the District of Columbia, who said in a communication to the committee:

The commissioners believe that a permanent commission such as is proposed by this bill is highly desirable and that the results to be accomplished would be helpful in the establishing of fiscal relations between the United States and the District of Columbia. This subject has been a matter of contention and conflict

of opinion for a number of years, and it is believed that a commission such as is proposed in this bill can ascertain definite facts and furnish valuable information in order that the present situation may be remedied.

And the commissioners further said:

Under the provisions of Circular No. 49 as amended by Circular No. 273, of the Bureau of the Budget, the commissioners submitted the bill to the Director of the Budget asking to be advised whether or not the proposed legislation amended as recommended herein was in accord with the financial program of the President, and under date of April 25, 1930, the Director of the Budget advised the commissioners that in so far as the proposed legislation affected the financial program of the President there was no objection to a favorable report on the bill.

It is true as the commissioners state that there has been for years and is now controversy with respect to the matter in question, the history of which is set forth in various public documents which are available. This controversy has stirred the people of the District, who are without representation in Congress, and it has marked the action of Congress itself as illustrated by the continuing differences between the Senate and House. There have been many advocates of the contribution of the Federal Government being determined on a ratio basis, and on the other hand many advocates of a lump sum appropriation, and now and then some of the latter have urged that the lump sum appropriated without change during the last several years is in excess of the amount with which the Federal Government is properly chargeable, while it has been opposed by others as inadequate.

The bill does not rest on any preconception as to what amount should be annually contributed by the Federal Government, on what basis or whether more or less than $9,000,000. It is simply an effort to have a thorough investigation and an ascertainment of all relevant facts which should be taken into account, conclusions reached as to what should be the fair and just division of the total expense of conducting the District government and recommendations to Congress biennially, since conditions vary quite rapidly, which is a circumstance at least suggesting that the contribution of the Federal Government should not be a rigid and inflexible amount. To this end, it contemplates the creation of a commission to be composed of eight members of the Appropriations and District Committees of the Senate and House, one of the Commissioners of the District of Columbia, the Director of the Bureau of the Budget, and three citizens of the District to be appointed by the President and to serve without compensation. The commission as thus constituted would certainly be entitled to the confidence of Congress and the public. Inasmuch as its recommendations would be of course subject to the approval or disapproval of Congress, it could by no possibility have any harmful effect and it is easy to believe that it would prove of great value to Congress in deciding what annual payments in fairness to the Government of the United States and the local public should be made from the Federal Treasury. Should the work of the commission, which is to be so largely made up of Members of Congress, be satisfactory, it might be expected to grow in usefulness because of being permanent.

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EASEMENT FOR PIPE LINES ON SITE FOR AVIATION FIELD, SHREVEPORT, LA.

MAY 23, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. QUIN, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 11405]

The Committee on Military Affairs, to whom was referred the bill (H. R. 11405) to amend an act approved February 25, 1929, entitled "An act to authorize appropriations for construction at military posts, and for other purposes," introduced by Mr. James at the request of the War Department, having considered the same, report thereon with the recommendation that it do pass.

The authority of the Secretary of War to accept the title to the land referred to in the bill, containing 25,000 acres, in the vicinity of Shreveport, La., is found in Public No. 806, Seventieth Congress, approved February 25, 1929.

It developed upon investigation of the title to the land that there are three easements for oil-pipe lines existing upon, over, and across said land, and while said pipe lines are all underneath the surface, yet, technically, so long as said easements are outstanding said land is not free from encumbrances, and therefore the Secretary of War is not permitted to accept the title to the land because the act just referred to says that the land must be "free from encumbrances and without cost to the United States."

Since the Secretary of War does not possess the authority to grant easements for oil-pipe lines, this legislation becomes necessary, and is in the nature of emergency legislation because it is our information that the city of Shreveport has already raised something more than ' a million dollars in order to buy this land to be presented to the United States for the use of the Air Corps, and especially as the base of the attack wing. This development is all part of the 5-year Air Corps program and the legislation now desired is necessary to make progress with that program. The fact that these pipe lines are

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PIPE LINES ON SITE FÖR AVIATION FIELD, SHREVEPORT, LA. underneath the surface in no way interferes with the proper use of the surface for a landing field. It is true that two of the pipe lines will require partial relocation and burial at greater depths, but provision has been made for this to be done at the expense of the owners of the easements and without any expense to the United States.

For these reasons we urge the prompt passage of the bill as something in the nature of an emergency, in that delay in the passage of this bill delays the development of the Air Corps program.

The letter from the Secretary of War requesting the introduction of the legislation is as follows:

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

APRIL 2, 1930.

DEAR MR. SPEAKER: There is inclosed a draft of bill to amend the act approved February 25, 1929, entitled "An act to authorize appropriations for construction at military posts, and for other purposes" (45 Stat. 1304), which the War Department presents for the consideration of Congress with a view to its enactment into law.

The purpose of the proposed bill is to amend the proviso contained in the project "Shreveport, La. (attack wing)," under section 3 of the act of February 25, 1929, supra, which authorizes the acceptance, free from encumbrances and without cost to the United States, of title in fee simple, covering 25,000 acres of land, more or less, for a site for an aviation field in the vicinity of Shreveport, La., in order that donation of title may be accepted subject to such existing encumbrances as are determined will not interfere with the use of the property and also for the purpose of enabling the Secretary of War to grant new rights of way for the relocation of any existing oil pipe lines, which, in their present location, may interfere with the use of the property.

Since the passage of the act of February 25, 1929, supra, abstracts of title covering the land to be donated have been prepared and an examination thereof discloses that the property is subject to three easements for oil pipe lines of the Standard Pipe Line Co. (Inc.), the Texas Co., and the Shreveport-El Dorado Pipe Line Co., and to one easement for a gas pipe line of the Palmer Corporation. The pipe lines of the Standard Pipe Line Co. (Inc.) and the Palmer Corporation are the only ones that cross the flying-field area and they will require partial relocation and burial at greater depths. The reinstallation of these lines will be accomplished by the owners of the easements without expense to the United States.

The Secretary of War is authorized by the act of May 17, 1926 (44 Stat. 562; 10 U. S. C., Supp. II, sec. 1351), to grant easements for rights of way for gas, water, and sewer pipe lines, but does not possess any general authority to grant easements for oil pipe line rights of way.

An examination of the abstracts of title also discloses that portions of the property outside of the flying-field area are subject to gas leases which are not at present worked and which expire in the future, the longest term being until 1932. There is no necessity for the occupation or use of the premises covered by said leases prior to their expiration and the funds authorized to be appropriated by the act of February 25, 1929, supra, are intended for and will, when appropriated, be expended on other areas. While it is informally understood that the office of the Attorney General, in view of the above circumstances, will approve the validity of title to the land subject to such leaseholds, nevertheless, an amendment of the legislation is necessary in connection with the existing easements for pipe line rights of way.

The proposed amendment will not involve any expense to the United States or require an increase in the funds authorized to be appropriated by the act of February 25, 1929, supra. The donation of the land at Shreveport, La., can not be completed until the passage of this legislation. The early enactment of the draft of bill is, therefore, recommended.

Sincerely yours,

PATRICK J. HURLEY,

Secretary of War.

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TO PROVIDE FOR AN ADDITIONAL DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK

MAY 23, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

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

REPORT

[To accompany H. R. 12059]

The Committee on the Judiciary, to whom was referred the bill H. R. 12059, after consideration reports the same favorably and recommends that the bill do pass.

This bill is recommended in line with the recommendation of the President's Commission on Law Observance and Enforcément that adequate court and prosecution officials be provided for. The subcommittee having charge of this legislation after careful consideration of the congestion in the district courts has recommended a series of bills to provide for additional judges where the congestion is manifestly apparent so that there is great delay in the disposition of the court's business.

The population of this district according to the last census was 3,407,007. There is printed herewith a statement showing the condition of the docket as of June 30, 1929, taken from the annual report of the Attorney General:

Admiralty.
Bankruptcy.

Criminal

Civil, United States

4, 536

2, 138

1, 098

1, 041

The figures as submitted to the committee show that the business of the court has been constantly increasing and the judges have not been able fully to cope with the situation and relieve the congestion

of the docket.

It is hoped that the bill will be enacted into law at an early date.

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