TRANSFER OF OLMSTEAD LANDS IN NORTH CAROLINA. APRIL 17, 1912.-Referred to the House Calendar and ordered to be printed. Mr. HAWLEY, from the Committee on Agriculture, submitted the following REPORT. [To accompany H. R. 20738.] The Committee on Agriculture, to whom was referred the bill (H. R. 20738) for the transfer of the so-called Olmstead lands from the Solicitor of the Treasury to the Secretary of Agriculture, having considered the same, report thereon with a recommendation that it do pass. The facts in the case are stated in the papers printed herewith. Hon. W. C. HAWLEY, UNITED STATES DEPARTMENT OF AGRICULTURE, House of Representatives. FOREST SERVICE, Washington, April 8, 1912. DEAR MR. HAWLEY: In accordance with your verbal request I inclose herewith a copy of a letter from the Solicitor of the Treasury to the Secretary of Agriculture dated April 15, 1911, in regard to the proposed transfer to this department of the Olmstead lands in Graham and Clay Counties, N. C. I also inclose a letter from the Secretary of the Treasury dated July 5, 1906, and a letter from the Solicitor of the Treasury to the Secretary of the Treasury dated July 3, 1906. In addition to these letters I inclose a copy of a memorandum prepared by Mr. Clyde Leavitt, of this office, giving a brief historical sketch of the Olmstead lands and their present status. These papers will, I believe, give you the information which you desire to have in regard to these lands. Very sincerely, yours, WM. L. HALL, Assistant Forester. [Memorandum.] JUNE 17, 1911. On March 15, 1869, Levi Stevens and wife conveyed to the United States certain land in North Carolina, in compromise and settlement of an indebtedness due by E. B. Olmstead to the United States. The area of land so conveyed is approximately 32,483 acres, of which 6,280 acres are located in Clay County and the balance in Graham County, N. C. Under section 3750 of the Revised Statutes the land has from the date of transfer been under the jurisdiction of the Solicitor of the Treasury. Under section 3749 of the Revised Statutes the Solicitor of the Treasury is authorized, with the approval of the Secretary of the Treasury, to sell unproductive lands. Until comparatively recently there either have been no offers made for the purchase of this land or the offers have been at so low a rate that no favorable consideration could be given them. In 1905 the question was raised, in a letter from the Secretary of Agriculture to the Secretary of the Treasury, whether under section 24, act of March 3, 1891, entitled, "An act to repeal timber-culture laws and for other purposes, ," the President had the power to set aside this land as a forest reserve. At the request of the Secretary of the Treasury the Solicitor of the Treasury prepared an opinion, holding that the President had not such power. The question was also taken up with the Treasury Department as to whether objection would be made to a request by the Department of Agriculture for legislation empowering the President to set aside these lands as a part of the then proposed Appalachian National Forest. In reply the opinion was expressed by the Solicitor of the Treasury and concurred in by the Secretary that no objection could be seen to a request for legislation along this line. However, on account of the delay in the passage of the Appalachian bill, no definite action with regard to the securing of legislation has yet been taken. At various times since 1906 the Secretary of Agriculture has suggested to the Secretary of the Treasury the advisability of withholding these lands from sale in order that should the Appalachian bill become a law the opportunity might not be lost to Congress of holding the Olmstead lands as a part of the national forest system in the Southern Appalachian Mountains. In some cases the question arose upon the initiative of the Department of Agriculture and in others the correspondence was started by the Secretary or Solicitor of the Treasury, on account of offers which had been received for the sale of all or a portion of the lands in question. Both the Secretary and the Solicitor of the Treasury have always agreed that, in view of the proposed legislation for the creation of a national forest in the Southern Appalachian Mountains, it would be unwise for the Government to dispose of these lands. In 1880, in accordance with instructions from the then Solicitor of the Treasury, Messrs. J. W. Whelpley and Alfred Thomas made an investigation on the ground to determine in a general way the character of the lands and so far as practicable the condition of the titles. The lands were found to be all mountainous in character and heavily timbered, with the exception of a few balds on the mountain tops. It was found impossible to make any satisfactory examination of the titles, since no plats of former surveys were available. It was, however, determined in a general way that some of the titles were defective on account of lappages with other grants from the State. The secretary of state, from whose office grants of land were issued, did not make or preserve plats or surveys covering the lands for which grants were issued. Instead deeds were issued to all comers who produced entries and surveys and paid the purchase money, without any knowledge on the part of the State officials and without the means of ascertaining whether the lands conveyed had been in whole or in part conveyed in previous grants. The result was a great amount of lappage between the various grants and consequent uncertainty and litigation regarding land titles. The rule is, however, that where there is adverse possession the prior entry has the better title. The entries to the Olmstead lands were found to be nearly all very old, and since the lands were wholly unoccupied the title of the Government was believed to be regular and good. In 1895 E. B. Norvell, an attorney at law, was employed for the purpose of investigating the titles of the Olmstead lands. In connection with his work he employed John R. McLelland and George E. Hayes to make a survey on the ground of the lands in question. Investigation showed that there was a considerable amount of lappage with other grants. The original report and maps submitted are in the office of the Solicitor of the Treasury and copies have been made by the Forest Service. The problematical status of some of the Olmstead lands is indicated by trespass proceedings which are now pending in the Federal court at Asheville, N. C., against the Hiwassee Lumber Co. and R. J. Martin. This case is complicated by the destruction by fire of the Government records when the courthouse was burned at Murphy, N. Č., in 1875. This case is now being handled by A. E. Holton, United States attorney, at Winston-Salem, N. C., and its outcome will undoubtedly determine to a very considerable extent the status of a large part of the lands of the Olmstead tract. On March 1, 1911, the Weeks bill became law providing for the acquisition of lands for the purpose of conserving the navigability of navigable streams. On April 10 the Secretary of Agriculture wrote the Solicitor of the Treasury referring to this fact and asking whether any objection existed to the preparation of a bill by the Department of Agriculture providing for the transfer of jurisdiction of the Olmstead lands to the Agricultural Department for administration as a part of the proposed national forest system in the Southern Appalachian Mountains. On April 15, 1911, the Solicitor of the Treasury, replying to the inquiries of the Secretary of Agriculture, stated that he not only had no objection to the proposed legislation, but heartily approved of it. He called attention to the fact that no revenue has ever been received by the United States from the land since its conveyance to the Government and it has hitherto been found impracticable to dispose of the land under the provisions of law. The Solicitor of the Treasury having thus given his approval, the Solicitor of the Department of Agriculture has accordingly prepared a draft of a bill for the transfer of the Olmstead lands from the Solicitor of the Treasury to the Department of Agriculture. A copy of this draft is attached to this memorandum, together with a copy of the letter dated April 15 from the Solicitor of the Treasury to the Secretary of Agriculture. CLYDE LEAVITT. DEPARTMENT OF JUSTICE, OFFICE OF THE SOLICITOR OF THE TREASURY, The SECRETARY OF AGRICULTURE. In reply to your inquiry, I have to say that not only have I no objections to such action, but I heartily approve of it. No revenue has ever been received by the United States from the land since its conveyance to the Government, and it has hitherto been found impracticable to dispose of the same under the provisions of section 3749, United States Revised Statutes, the only way by which it could be sold. It would seem, therefore, that the transfer from the Solicitor of the Treasury to the Secretary of Agriculture for the purpose stated, as proposed, is not only entirely proper but desirable. I suggest that in the preparation of the bill in question it be made to cover and include the transfer of all title papers and correspondence relating to the land on the files of this office at date of the transfer. Respectfully, The SECRETARY OF AGRICULTURE. W. T. THOMPSON, Solicitor. TREASURY Department, SIR: In reply to your letter of the 26th ultimo, relative to a certain tract of land comprising 32,483 acres of land in Graham and Clay Counties, N. C., I have the honor to state that I would approve an amendment to the bill, S. 4953, to make said tract a part of the proposed forest reservation, and will take no action looking to the disposal of the land in question without further consultation with you. A letter from the Solicitor of the Treasury, in whose custody the land is placed by law, is transmitted herewith, for your information. Respectfully, L. M. SHAW, Secretary. DEPARTMENT OF JUSTICE, OFFICE OF THE SOLICITOR OF THE TREASURY, The SECRETARY OF THE TREASURY. having included within the proposed Appalachian Forest Reserve; and he suggests, if it may be properly done, that the land in question be not disposed of before next winter, at which time, he says, the chances are very strong that the bill in question will become a law. The Secretary inquires if you would approve an amendment to the bill making the land a part of the proposed reservation and if the land may be withheld from sale until action is taken on the pending bill. My views are requested by you in the premises. Several letters have heretofore been addressed to you by me in relation to the setting aside of the land in question for the purpose stated. These letters are dated, respectively, August 23, October 30, and November 18, 1905, and they contain a description of the land, etc. It will be seen therefrom that the land was conveyed to the United States in the year 1869. There does not now appear to be any probability than an opportunity for a satisfactory sale thereof will occur before Congress takes action on the pending bill, and even if such opportunity should offer I see no objection to deferring action in the matter for the time and purpose mentioned in the Secretary's letter. The inclusion of the land in the proposed reservation would, in my opinion, be eminently proper, and inasmuch as the land as stated above is in my charge by law I will now state that no disposition of it will be made by me pending the proposed congressional action or without first communicating with the Secretary of Agriculture in the premises. The papers referred to me are herewith returned as requested. Very respectfully, M. D. O'CONNELL, Solicitor. O PUBLICITY OF CONTRIBUTIONS USED IN SECURING OR INFLUENCING NOMINATION OF CANDIDATES FOR PRESIDENT AND VICE PRESIDENT OF UNITED STATES. APRIL 17, 1912.-Referred to the House Calendar and ordered to be printed. Mr. RUCKER of Missouri, from the Committee on the Election of President, Vice President, and Representatives in Congress, submitted the following REPORT. [To accompany H. R. 23349.] Your committee having had under consideration H. R. 23349, beg to report as follows: This bill seeks to extend the provisions of the publicity act of June 25, 1910, as amended August 19, 1911, to the "president, chairman, secretary, manager, or other person in charge of any political headquarters, bureau, or committee of any political organization or party which shall attempt to influence or secure the nomination of any person as a candidate for the office of President or Vice President of the United States," and to make the bill if it becomes law applicable, as far as possible, to the contests now being waged for such nominations. This bill suggests no limitation upon the amount which any person may contribute, though the committee feels that such limitation ought to be imposed by proper legislation in the very near future. All that is sought to be accomplished by this legislation is to secure full publicity, both before and after nomination, of the source from which contributions come, the total amount received, the total sum expended, and the purposes for which the same was expended. If reports found in the daily press are reasonably accurate, and the enormous sums therein stated to have been collected and expended have actually been used or are being used in connection with existing contests for nomination, no stronger argument can be made for the early passage of the measure reported. The committee suggests that the bill be amended as follows: Your committee recommends that the amendment be agreed to and that the bill as amended do pass. O |