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Committee on Naval Affairs of the House of Representatives, which is hereby made a part of this report, as follows:

NAVY DEPARTMENT,

Washington, April 8, 1989. The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 4229) authorizing the conveyance to the Commonwealth of Virginia of a portion of the naval reservation known as Quantico in Prince William County, Va., was referred to the Navy Department by your committee with a request for a report and recommendation.

The purpose of this bill is to authorize the Secretary of the Navy in the name and on behalf of the United States of America to convey to the Commonwealth of Virginia, upon such terms and conditions as he may prescribe, all right, title, and interest of the United States of America in and to that portion of the Marine Corps Reservation, Quantico, Va., comprising the right-of-way of the WashingtonFredericksburg-Richmond Highway within the boundaries of the Marine Corps Reservation, permission for the use of said right-of-way across the Marine Corps Reservation having been given by the Secretary of the Navy in a revocable permit issued to the Commonwealth of Virginia under date of February 10, 1933.

On November 4, 1918, the President, pursuant to the act of ongress approved July 1, 1918 (40 Stat. 704, 738), issued a proclamation (40 Stat. 1874) taking over on behalf of the United States the title to the land comprising the Marine Corps Reservation, Quantico, Va. Within the area thus taken over by the President there were certain streets and highways including the Washington-FredericksburgRichmond Highway known as the Jefferson Davis Highway as constructed in 1925.

The United States obtained a good title to the entire tract of land taken over for the Marine Corps Reservation including the streets, highways, and alleys within the tract. (See United States v. Prince William County (9 F. Supp. 219); United States v. McIntosh (2 F. Supp. 244, affirmed 70 Fed. (2d) 507, certiorari denied 293 U. S. 586).)

The Commonwealth of Virginia by act of its legislature approved March 15, 1918 (Act of Virginia 1918, c. 382), gave its consent in accordance with the seventeenth clause, eighth section of the first article of the Constitution of the United States to the acquisition by the United States by purchase, condemnation, lease, or in any other manner whatsoever of any land for military or naval purposes, and it ceded to the United States the exclusive jurisdiction for all purposes in and over such lands so long as the said lands or any rights or interest therein are held in fee simple by the United States, and no longer.

On January 23, 1933, the Commonwealth of Virginia applied for permission to undertake a project for the improvement of the Washington-FredericksburgRichmond Highway which included the relocation of all that section of the highway that is situate within the boundaries of the Marine Corps Reservation. On February 10, 1933, the Secretary of the Navy issued a revocable permit to the Commonwealth of Virginia giving it the use of a strip of land 80 feet in width within the limits of the Marine Corps Reservation upon which to construct and maintain a section of the Washington-Fredericksburg-Richmond Highway until such time as the permittee procures congressional action looking to the ceding of the strip of land back to the Commonwealth of Virginia.

The relocation and improvement of this highway under the terms and conditions of the revocable permit of February 10, 1933, is advantageous to the Marine Corps, and it is preferable to the previously existing highway crossing the Marine Corps Reservation. Its use by the Commonwealth of Virginia does not interfere with any activities at the Marine Corps Reservation, and there is no objection on the part of the Navy Department to its return to the full and exclusive control and jurisdiction of the Commonwealth of Virginia so long as it is maintained and operated as a State highway, with reversion to the United States in the event it is no longer so maintained.

The date of the revocable permit, namely, February 10, 1933, should be inserted in line 2, page 2, after the word "dated” in order to complete the language. As thus amended it is recommended that the bill, H. R. 4229, be enacted.

A photostatic copy of the revocable permit dated February 10, 1933, is enclosed. This proposed legislation is in accord with the program of the President. Sincerely yours,

CLAUDE A. SWANSON.

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SENATE

76TH CONGRESS

3d Session

}

REPORT No. 1661

AUTHORIZING THE ACQUISITION BY THE UNITED STATES OF LANDS IN THE STATE OF NEW JERSEY FOR USE IN CONNECTION WITH THE NAVAL AIR STATION, LAKEHURST, N. J.

May 23 (legislative day, APRIL 24), 1940.-Ordered to be printed

Mr. BARBOUR, from the Committee on Naval Affairs, submitted the

following

REPORT

(To accompany H. R. 7078]

do pass.

The Committee on Naval Affairs, to whom was referred the bill (H. R. 7078) to authorize the acquisition by the United States of lands in Manchester and Jackson Townships of the county of Ocean and State of New Jersey for use in connection with the Naval Air station, Lakehurst, N. J., having considered the same, report favorably thereon without amendment and recommend that the bill

The object of this bill is to authorize the Secretary of the Navy to acquire on behalf of the United States at a cost not to exceed $1,500, certain parcels of land containing an area of about 928 acres and adjoining the Naval Air Station at Lakehurst, N. J.

This land will make very desirable and valuable additions to the Navy's lighter-than-air station situated at Lakehurst.

The acquisition of this land will permit improvements to the landing approaches, and the increased acreage will be used to good advantage in connection with present activities. It will also permit an expansion of the aviation activities at Lakehurst in wartime.

The Navy Department recommends the enactment of this legislation, as indicated in the letter from the Acting Secretary of the Navy to the Speaker of the House of Representatives, which is hereby made a part of this report, as follows:

Navy DEPARTMENT,

Washington, March 14, 1940. The CHAIRMAN, COMMITTEE ON Naval AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The hill H. R. 7078 to authorize the acquisition by the United States of lands in Manchester and Jackson Townships of the County of Ocean and State of New Jersey for use in connection with the Naval Air Station, Lakehurst, N. J., was referred to the Navy Department by your committee with the request for recommendation relative to this measure.

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The purpose of this bill is to authorize the Secretary of the Navy to acquire on behalf of the United States at a cost not to exceed $1,500 certain parcels of land containing an area of 850 acres, more or less, in Manchester and Jackson Townships, Ocean County, N. J.

Investigation discloses that the land proposed to be acquired for use in connection with the Naval Air Station, Lakehurst, N. J., contains an area of 927.71 acres, and is situated in both the townships of Manchester and Jackson, Ocean County, N. J. This tract joins the naval air station on the westerly side, and the adjoining line of these townships runs in a general easterly-westerly direction. The southerly portion of this tract is in Manchester Township, and contains approximately 206.30 acres, including an area of 32.57 acres, known as “Midway.” The “Midway” parcel juts into the flying field, and for that reason it is very desirable that it be annexed to the naval air station. The northerly portion of the tract, or that situated in the township of Jackson, contains approximately 721.41 acres, including an area of approximately 16.18 acres, known as the “Schwimbersky" property, which also juts into the naval air station at a point northward of the "Midway" section.

The chairmen of the township committees of the two townships advise that the land under consideration is held by tax liens, and the townships propose to acquire title thereto under foreclosure proceedings incident to disposal and tranfser of the land to the Government.

It is believed that the amount of $1,500 set forth in bill H. R. 7078 will be sufficient to cover the cost to the townships of Manchester and Jackson to acquire title to the land, including any unforeseen expense which might arise.

In view of the probable expansion of lighter-than-air activities in wartime, it is believed to be in the interests of national defense that the land under consideration be acquired for use in connection with the Naval Air Station, Lakehurst, N. J.

The Navy Department considers that for purposes of clarification the bill be amended by deleting all after the word “to” in line 4 of the bill and substituting therefor the following: "acquire by purchase, gift, or otherwise, for use in connection with the Naval Air Station, Lakehurst, New Jersey, title in fee simple and clear of all encumbrances at a total cost not to exceed $1,500, to two parcels of land of approximately 928 acres situated in Manchester and Jackson Townships, Ocean County, New Jersey.”

The enactment of the bill as so amended is recommended.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of the proposed legislation to the Congress. Sincerely yours,

LEWIS COMPTON, Acting. O

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MAY 23 (legislative day, APRIL 24), 1940.-Ordered to be printed

Mr. ELLENDER, from the Committee on Claims, submitted the

following

REPORT

(To accompany S. 3769)

The Committee on Claims, to whom was referred the bill (S. 3769) for the relief of Jerry McKinley Thompson, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

The bill provides that Jerry McKinley Thompson, Portsmouth, N. H., is hereby released from any liability to the United States incurred by reason of the receipt by him, through a misunderstanding on his part, of dual compensation from the Post Office Department and the Department of the Navy during the period from June 16, to September 15, of each year from 1929 to 1937, inclusive, in contravention of section 6 of the act of May 10, 1916, as amended.

The Post Office Department has no objection to the enactment of the bill.

The records show that for periods after March 1, 1929, Jerry McKinley Thompson was employed in the Postal Service as a city delivery carrier at Hampton, N. H., from June 16 to September 15 of each year from 1929 to 1937, inclusive, and that he was paid at the rate of $1,700 per annum in 1929, $1,800 per annum from 1930 to 1933, inclusive, and $1,900 per annum from 1934 to 1937, inclusive, a total of 8194 days for which he received $3,820.19. During the same period he was employed as a guard or policeman at the Navy Yard, Portsmouth, N. H., and was paid at the rates of $4.64 a day in 1929 and until August 10, 1930, $4.88 a day for the remainder of 1930, and $1,800 a year during the period of dual employment in 1931 to 1937, inclusive, or a total of $3,516.46. The records indicate that service as letter carrier was in the daytime and that service as a guard or policeman in the navy yard was at night.

As the various combined rates paid Thompson during the periods of his dual employment (3 months during each year for 9 years) exceeded $2,000 per annum, payment of compensation in one of the positions was in direct contravention of the act of May 10, 1916, as amended, and the General Accounting Office had no alternative under the law but to request Mr. Thompson to refund the amount paid him during the periods of dual employment. Mr. Thompson was therefore advised under date of February 7, 1939, that he was indebted to the United States in the sum of $3,516.46, the lesser amount paid him in the position of guard or policeman at the navy yard, the presumption being that he would elect to refund the lesser amount.

Claimant states that he was ignorant of the dual compensation law, and that the chief clerk at the navy yard and the postmaster at Hampton, N. H., must have also been in ignorance of such a law as they both were acquainted with the facts of his employment. It appears that the postmaster was having trouble in keeping men and that he came to Mr. Thompson and asked him to take the route for the rest of one season stating that he was the only eligible that he could get; that he was the third man to take the route that summer; that each year thereafter he was asked by the postmaster to do the work, and even in the years of 1938 and 1939 the postmaster wanted him to secure special permission to do the work. The trouble seemed to be that qualified men would not leave their regular employment to accept this job for a short period.

It appears that Mr. Thompson has a wife and two children, one of the age of 14 years and the other of the age of 17 years; that his home is mortgaged; that he is not financially able to refund the amount of $3,516.46 to the Government; that he accepted the employment in good faith and without knowledge, and in ignorance, of the provisions of the act of May 10, 1916, and that the Government received the benefit of his labors.

Under all the circumstances your committee believe that it is only just and right that Mr. Thompson be released from any liability to the United States, and it is accordingly recommended that the bill do pass without amendment.

The following communications, which include a list of similar claims which have become law, are appended hereto and made a part of this report.

OFFICE OF THE POSTMASTER GENERAL,

Washington, D. C., April 22, 1940. Hon. EDWARD R. BURKE, Chairman, Committee on Claims,

United States Senate MY DEAR SENATOR BURKE: The receipt is acknowledged of your letter of the 16th instant, requesting a report upon S. 3769, a bill for the relief of Jerry McKinley Thompson.

The records of this Department show that Mr. Thompson was appointed a temporary substitute village carrier at Hampton, N. H., on September 3, 1924; appointed a classified substitute village carrier October 16, 1924; promoted to regular village carrier June 16, 1925, at $1,150 per annum; transferred to city carrier June 16, 1926, at $1,700 per annum; promoted to $1,800 October 1, 1929; and promoted to $1,900 July 1, 1934, which is his present salary. Mr. Thompson is employed only from June 16 to September 15 each year, as Hampton is a summer resort and delivery service is only in effect during this period. We have had no correspondence whatsoever regarding Mr. Thompson's employment in a dual capacity, which is the subject of S. 3769. The matter was taken up informally with the Navy Department and the General Accounting Office, and the Navy Department advised that the matter was brought to their attention by the General

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