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MAY 27 (legislative day, APRIL 24), 1940.-Ordered to be printed

Mr. Hatch, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 7018]

The Committee on the Judiciary, to whom was referred the bill (H. R. 7018) to amend section 289 of the Criminal Code, after consideration, report the same to the Senate with the recommendation that it do pass.

The section sought to be amended by this bill is the provision of the United States criminal law which adopts the State laws as to punishment for wrongful acts as to offenses committed on Federal reservations within the States. The only change in existing law is the change of the date, now April 1, 1935, to February 1, 1940. This brings conformity to all State laws in effect on the latter date.

Following is a letter of the Attorney General favoring enactment of this legislation:

DEPARTMENT OF JUSTICE,

Washington, June 2, 1939. Hon. HENRY F. ASHURST, Chairman, Committee on the Judiciary,

United States Senate, Washington, D. C. MY DEAR SENATOR: Certain crimes committed on Federal reservations are expressly defined in the Criminal Code. This is true of grave offenses, such as murder, manslaughter, rape, assault, mayhem, robbery, arson, and larceny (U. S. C., title 18, secs. 451-467). The Congress has not, however, legislated as to other crimes committed on Federal reservations, but has provided generally that as to them, the law of the State within which the reservation is situated, shall be applicable (Criminal Code, sec. 289; U. S. C., title 18, sec. 468).

Section 289 of the Criminal Code rendered enforceable on Federal reservations such State criminal statutes as were in effect on March 4, 1909 (35 Stat. 1145). This date was later changed to June 1, 1933 (48 Stat. 152).

The joint resolution of June 20, 1935 (49 Stat. 394), substituted the date of April 1, 1935, for the date of June 1, 1933.

It is desirable to bring this provision again

down to date, because of intervening changes in the State laws. Accordingly, I recommend the enactment of the enclosed bill, drafted in the Department of Justice, to render the foregoing statuto applicable to State criminal laws in force on June'i, 1939. This is accomplished by substituting for the words, “April 1, 1935,"contained in the existing law, the words, “June 1, 1939". Sincerely,

FRANK MURPHY,

Attorney General.

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SENATE

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3d Session

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REPORT No. 1700

BRIDGE ACROSS THE COLUMBIA RIVER AT ASTORIA,

OREG.-EXTENSION OF TIME

May 27 (legislative day, APRIL 24), 1940.—Ordered to be prirtea

Mr. BAILEY, from the Committee on Commerce, submitted the

following

REPORT

[To accompany S. 3765)

The Committee on Commerce, to whom was referred the bill (S. 3765) to extend the times for commencing and completing the construction of a bridge across the Columbia River at Astoria, Clatsop County, Oreg., having considered the same, report thereon with amendments and, as so amended, recommend that the bill do pass.

The amendments are incorporated in the bill as reported and are indicated in line type and italic.

The bill, as amended, has the approval of the War Department and the Federal Works Agency as will appear by the following letters:

WAR DEPARTMENT, May 16, 1940. Respectfully returned to the chairman, Committee on Commerce, United States Senate.

So far as the interests committed to this Department are concerned, I know of no objection to the favorable consideration of the accompanying bill, S. 3765, Seventy-sixth Congress, third session, to extend the tines for commencing and completing the construction of a bridge across the Colonbia River at Astoria, Clatsop County, Oreg.

This report was submitted to the Bureau of the Budget which advised that the enactment of this proposed legislation would not, in its present form, be in accord with the President's program, but would not be in conflict therewith if amended in the respects suggested in the report of the Federal Works Agency. It is recommended that the bill be amended accordingly.

HARRY H. WOODRING,

Secretary of War.

FEDERAL WORKS AGENCY,

Washington, May 9, 1940. Hon. Josiah W. BAILEY, Chairman, Committee on Commerce,

United States Senate. DEAR SENATOR BAILEY: Receipt is acknowledged of your letter of April 16 to the Administrator, Federal Works Agency, transmitting a copy of S. 3765 with request that the committee be furnished with such suggestions touching its merits and the propriety of its passage as may be deemed appropriate.

This bill would extend for 1 and 3 years, respectively, from June 13, 1940, the times for commencing and completing the construction of a bridge across the Columbia River at Astoria, Clatsop County, Oreg., authorized by act of Congress approved June 13, 1934 (48 Stat. 949), to be built by the Oregon-Washington Bridge Board of Trustees. The times for commencing and completing the construction of this bridge have heretofore been extended from year to year since enactment of the original authorization act.

The original authorization act provides (sec. 3) that said board of trustees may fix and charge tolls for transit over the bridge and (sec. 4) that the rates of toll to be charged shall be so adjusted as to meet annual maintenance, repair, and operation costs and amortize the cost of such bridge, and its approaches within a period of not to exceed 25 years, and that thereafter it shall be maintained and operated as a free bridge, or "the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. The original act, therefore, contains no specific requirement for ultimate operation of the bridge free of tolls.

A similar provision to that quoted above contained in the act approved August 30, 1935 (49 Stat. 1072), relating to the construction of a bridge across the Missouri River by Burt County, Nebr., and Monona County, Iowa, single or jointly, caused the President to veto a bill (S. 2306) under date of August 11, 1939, proposing certain other amendments to the original authorization act. It is the view of this Agency that all publicly-owned toll bridges should be made free of tolls as soon as the proceeds of the tolls, after meeting annual maintenance, repair, and operation costs during the period of toll collection, shall have provided a fund sufficient to amortize the cost of construction or acquisition, as the case may be.

It is believed, therefore, that the bill for extending the times for commencing and completing the construction of this bridge should contain also an amendment to the original act definitely providing for the bridge to be operated free of tolls in accordance with the views outlined above. This can be accomplished by changing the period at the end of the title to a comma and adding the words "and for other purposes”; and by revising the second sentence in section 4 of the original authorization act of June 13, 1934, by changing the comma to a period after the word “tolls" where it first appears in said sentence and by eliminating the remainder of said sentence which reads as follows: "or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management.

If the bill is amended as suggested above, it then will be without objection to this Agency.

This report has been referred to the Bureau of the Budget and that Bureau has advised that there would be no objection to its submission to the committee. Sincerely yours,

ALAN JOHNSTONE, General Counsel.

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