cured from the Interstate Commerce Commission, without cost, similar appraisal of the property in question. The amounts of the appraisals secured are as follows: 1 While the Interstate Commerce Commission appraisal gives $7,000,000 as final conclusion, its analysis gives a range of maximum and minimum figures. The maximum Interstate Commerce Commission land estimate of $6,271,800, less $600,000 for subsurface rights, nets $5,671,800. The maximum building valuation on a basis of reproduction less depreciation is $3,055,706. The maximum land and building valuation of the Interstate Commerce Commission is therefore $8,727,506. The average of the highest paid appraisal, made by Brown, Wheelock, Harris & Co., Inc., and that of the Interstate Commerce Commission is $9,500,000. The average of three complete appraisals, made respectively by the Interstate Commerce Commission, an appraisal engineer of the Treasury Department, and Brown, Wheelock, Harris & Co., Inc., is $9,291,700. 2. Contention 2 (p. 172) that there is a lien on the property held by the New Haven which has never been discharged. 3. Contention 3 (p. 174): "In connection with this street, on the westerly boundary of the plot, as I have stated, the city of New York has a perpetual easement for an overhead roadway, which crosses Forty-fifth Street, runs through the New York Central Office Building and comes down into Park Avenue. It is a serious burden on the post office property. "But there is nothing in the act authorizing the Government to take the property subject to this easement. When these people, who are the sellers here, made the lease for the Graybar Building they were very careful to include a provision that no property along this roadway, or anything that would be built upon the private street, would exceed the present height. But there is nothing in the Government's deed to prevent the city of New York from building a twostory roadway or higher. There is nothing to prevent the New York Central from building a 40-story office building over the roadway. There is no reservation for light and air for the benefit of the post-office site at all.” 4. Contention 4 (p. 174): "Mr. BROIDO. I have another objection which I have not touched upon in connection with this transaction, and that is with reference to the question of a conveyance of a grant of land where it is intended to acquire the use of air rights, as being contrary to the provisions of article I, section 8, clause 17 of the Constitution, that provides that such land is United States Government property." 5. Contention 5 (p. 175): "Mr. BROIDO. The next question is in reference to the type of title to the property. The property cannot be sold by the Government of the United States. The law is clear that where you give a conveyance of a permanent and perpetual easement, whether for a railroad, or a cemetery, or whatever it is, the man who conveys the property has only the possibility of a reverter. He has no fee title left. Therefore, I say, the Government of the United States, if it conveyed in perpetuity this entire railroad property to the railroad, has something which it can now no longer convey. The decisions of the courts on that are clear. It is a con ditional fee.' As to contentions 2, 3, 4, and 5 listed above: The title acquired by the United States was approved by Attorney General Mitchell on January 16, 1933. Objections to the validity of the deed were reviewed by the Department of Justice on two occasions, and, in letters addressed to the Secretary of the Treasury dated September 7, 1935, and February 24, 1936, it was concluded by Acting Attorney General Reed and Attorney General Cummings, respectively, that none of the alleged objections are valid. As stated by Mr. Broido, he delivered a copy of his brief setting forth at length all of these objections to the Department of Justice. The Treasury Department also submitted a copy of such brief to the Attorney General prior to the rendering of the last opinion so that all of Mr. Broido's contentions were before the Department of Justice for consideration when the opinions were rendered. 6. Contention 6 (p. 172), that the property was burdened with a reservation for light and air, in favor of the Graybar Building that these people owned, and they were compelled to rewrite the contract last summer. The Attorney General in his review dated February 24, 1936, stated: "The supplemental memorandum, recently submitted by objecting property owners, advances the contention that the reservation of the 40-foot set-back is greater than required by the New York City zoning ordinance or by covenants in prior instruments affecting the property, and is hence unauthorized. The statute authorizing the purchase of the property provides that title may be taken subject to easements of light and air. Presumably, the set-back provision was intended to constitute an easement of light and air. Clearly, however, such a reservation should not go beyond the limit of what is reasonably necessary for the purpose of accomplishing the intended objective. Whether a 40-foot setback is greater than reasonably necessary for the purpose is a question of fact, as to which it is not feasible to express any views in the absence of evidence. I suggest that it may be advisable to consider this question in connection with the negotiations, which it is assumed are to be undertaken for the purpose of securing a modification of the reservation discussed above. A supplementary deed covering the above and other minor changes was executed on June 9, 1936. 7. Contention 7 (p. 175), implications that the New York Central paid $182,000 in taxes annually to the city of New York for this property and its conveyance to the United States will save the railroad company $182,000 a year and the railroad will still have the surface and subsurface. With letter of May 27, 1937, L. C. James, general land and tax agent, transmitted the following letter concerning the taxes paid by the New York Central Railroad on reserved easement at 452 Lexington Avenue: Mr. L. C. JAMES, General Land and Tax Agent. DEAR SIR: Relative to the taxes paid by this company on premises 452 Lexington Avenue, New York City, being designated by the Department of Taxes and Assessments, City of New York, as block 1280, lot 90-RR (corporation identification no. 28-1254): "Prior to the sale of the fee of this lot by the New York Central Railroad Co. to the United States of America, under which the railroad reserved certain rights and easements, this lot was designated as block 1280, lot 90. "The tentative assessment roll for the year 1933 was opened for public inspection on October 1, 1932, and block 1280, lot 90, was assessed in its entirety to the New York Central Railroad Co. After the deed, dated December 28, 1932, from the New York Central Railroad Co. to the United States of America was filed, application was made to the tax department by the United States attorney for exemption of the Government's portion of the property. Accordingly, the tax department made an official apportionment of the respective interests of the Government and this company and subdivided the existing lot 90 into two lots. The Government's portion was designated as lot 90-U. S., this company's portion, lot 90-RR. The Government's portion was exempted from taxation for the year 1933 and this company was assessed and paid taxes on $1,400,000, of which $1,210,000 was applied to land, representing approximately 20 percent of the entire land assessment, and $190,000 for subsurface improvements of the railroad company. The taxes for the year 1933 paid by the railroad company amounted to $34,020. "The following statement shows the assessment and taxes paid by this company on lot 90-RR subsequent to 1933. I attach hereto negative and two positive photostats of the 1937 receipted tax bill against block 1280, lot 90-RR. Very truly yours, CHESTER A. OAKES, 8. Contention 8 (p. 180), statement by Mr. Thompson that the cost to the Government to house the post office at 452 Lexington Avenue is excessive, that housing to the extent of 60,000 feet only is being secured. Under the proposed remodeling scheme there will be furnished to the Post Office Department in the 452 Lexington Avenue building, 265,000 square feet of space in addition to which there will be 47,500 square feet of space available for activities other than the Postal Service. TUESDAY, MAY 25, 1937. CONSTRUCTION OF FEDERAL BUILDINGS Mr. WOODRUM. The committee has under consideration the Budget estimate for $23,000,000 for the public buildings program for the fiscal year 1938. The committee also has under tentative consideration a program which would substantially allocate one project to each congressional district, spread over a period of 3 years, and which would contemplate a total authorization of approximately $71,000,000, to be appropriated in the three annual periods, thus staying within the Budget estimates, and at the same time assuring a building program. A number of members have indicated their interest, and the committee is very glad to hear from the gentlemen who are present, and would suggest that they make very brief statements, and extend their remarks to some extent, if they wish to do so, when their testimony comes back to them. TUESDAY, MAY 25, 1937. POST OFFICE BUILDING, ATHENS, GA. Hon. CLIFTON A. WOODrum, Chairman, Subcommittee, Deficiency Appropriation, Appropriations Committee, House of Representatives. MY DEAR COLLEAGUE: I wish to urge for the favorable consideration of your committee an appropriation for a new post-office building at Athens, Ga. I don't know of any town or city where a new building is more badly needed for postoffice accommodations. When the present building was erected there were no postal-savings accounts and no parcel-post business, and at this time the entire time of a clerk for each of these departments is required, and all the business of the office has greatly increased. It is one of the most crowded post offices I have ever been in. In addition to the acute need of additional space for the post office, there are many Government agencies in Athens which are having to rent office space. If a new post-office building is erected, the other Government agencies could use the present building and thus save the Government a great deal of money which is being spent for rent. Among the Government agencies in Athens are the Resettlement Administration, the Soil Conservation Service, the General Accounting Office, the Agricultural Adjustment Administration, and others. The Social Security Board expects to open an office in Athens. Many of these offices serve the people in 30 or 40 counties in that section. With such crowded conditions it is almost impossible to handle the mail. I have personal knowledge of the situation as Athens is only 38 miles from my home, and I have been in the office frequently. Really, a new building was needed many years ago and the Post Office Department and Treasury Department officials realize this. The receipts of the Athens office for 1936 were $103,000. Many offices not having one-fourth of this amount of receipts have new buildings with much more work room than the Athens office has. The receipts for this office have increased over 300 percent since the building was erected. This city is the shopping and trading center for 25 or 30 counties in northeast Georgia. Athens is known as the seat of learning of the State of Georgia. The University of Georgia, which is the oldest chartered State university, and the State College of Agriculture are located there. Therefore, people from all sections of the State are interested in Athens and the postal service there. I hope that an appropriation for a new post-office building at Athens will be included in the bill soon to be reported by your committee. Sincerely yours, PAUL BROWN. CONSTRUCTION OF FEDERAL BUILDINGS Hon. CLIFTON A. WOODRum, TUESDAY, MAY 25, 1937, Member, Appropriations Committee, House of Representatives. MY DEAR COLLEAGUE: I respectfully urge that your committee give favorable consideration to sufficient funds to enable the construction, where needed, of at least one Federal building in each congressional district. The buildings heretofore constructed under this plan throughout the country have been of great benefit to the relief of the unemployed. Through this method, Federal funds and permanent Federal improvements are carried to practically every congressional district in the country. This is a just and fair procedure, because, after all, every congressional district pays a just portion of the cost of the Federal Government. These buildings give better post-office facilities in the respective communities and are deeply appreciated by the public in general. I commend the program which your committee has heretofore made possible and earnestly request that we be given in the pending bill favorable consideration to carry on this worthy Federal improvement. With very kind personal regards, I am LEX GREEN. CONSTRUCTION OF POST OFFICE BUILDING, BLACKSHEAR, GA. Hon. CLIFTON A. WOODrum, TUESDAY, MAY 25, 1937. House of Representatives, Washington, D. C. MY DEAR COLLEAGUE: I deeply regret not being able to appear before your subcommittee on Tuesday morning, May 25, because of a conflicting matter which demands my attention at that time; however, I earnestly request that a post-office building be provided for in my congressional district. The city of Blackshear, Ga., has been certified by the Post Office Department as being eligible, and I am most anxious that a building be erected there promptly. Blackshear is one of the most progressive towns in my district and the citizens are very anxious for this building. I sincerely hope you can give this request favorable consideration and you may be assured of my deepest gratitude for it. Thanking you, and with all good wishes and kind regards, Cordially yours, BRASWELL DEEN, M. C. TUESDAY, MAY 25, 1937. CONSTRUCTION OF POST OFFICE BUILDING, BUFORD, GA. Hon. CLIFTON A. WOODrum, Appropriations Committee, House of Representatives, Washington, D. C. DEAR MR. WOODRUM: The Post Office Department has certified that Buford, Ga., is eligible for a new post-office building, and I trust that your committee will include this in the deficiency bill that is now before you, and that you will recommend the erection of the same. With kindest regards, I am Sincerely yours, B. F. WHELCHEL. POST-OFFICE BUILDING AT DECHERD, TENN. STATEMENT OF HON. J. R. MITCHELL, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TENNESSEE Mr. WOODRUM. Mr. Mitchell, the committee will be very glad to hear you at this time. Mr. MITCHELL. Mr. Chairman, I an most anxious to have a postoffice building erected at Decherd, Franklin County, Tenn., in my district. The receipts of that office at this time are in excess of $10,000 and are increasing at a very rapid rate. Later, I will be glad to give you accurate figures, showing the receipts of the office for the past 2 or 3 years, but at this time I simply want to express my appreciation to the committee and say that our people are greatly interested in having this new post-office building, as the present quarters are inadequate and insufficient in every respect. A number of manufacturing institutions are located in Decherd. The town is located in one of the best farming sections of our State. It has many business houses, one of the best banking institutions to be found anywhere, and a number of manufacturing plants. It is a wide-awake railroad town located on the main line of the Nashville, Chattanooga & St. Louis Railroad Co. between Nashville and Chattanooga, Tenn.; has a number of church houses, a fine high school and city school buildings, and is one of the best shipping points for farm products and livestock in the South. It has one of the largest sales barns in that section of the State, a through, paved highway from Nashville to Chattanooga, and other State highways cross at Decherd. The town is only 2 miles from the county seat and has enjoyed friendly rivalry for many years in a commercial way with Winchester, located nearby. I do not have before me the population of the town, but can, and will, file this later. It is an incorporated city and enjoys protection of such incorporated towns. The business houses are modern and up to date and Main Street is a very attractive street, lined on both sides with largely fireproof structures. The town is well lighted with electricity and street lights. Since beginning my statement, I have been handed the receipts of the post office at Decherd from 1934 to 1936, which are as follows: 1934 receipts, $6,169.55; for 1935, $13,899.04; and for 1936, $15,429.72. Thus you will note that the receipts for the past 2 years of the post office has more than doubled and almost trebled. This indicates how rapidly the town is developing and the community is growing. There is no finer section anywhere in the South or a more progressive and public-spirited citizenship. They are contributing in receipts more than the amount required under the regulations of the Post Office and Treasury Departments to qualify them for a post-office building, and I sincerely hope for and strongly urge favorable action on the part of your honorable committee in making funds available, so that a suitable post-office building can be erected for the accommodation of the patrons of the office and the officials in the post office. The building now occupied is inadequate and the reception room or main entrance is too small to take care of those who call at the office to receive their mail, especially at distributing time and during the busy hours. Many other reasons might be assigned for the erection of suitable quarters for the accommodation of the public, but I deem it unneces |