Rico by a proper measure such as your committee believe this bill to be. The enactment of the legislation was recommended by the Attorney General in his letter to the chairman of the Committee on the Judiciary under date of April 25, 1911, which letter and the memorandum therein mentioned for the Secretary of War from Gov. Colton, of Porto Rico, under date of April 20, 1911, are hereto appended. Hon. HENRY D. CLAYTON, OFFICE OF THE ATTORNEY GENERAL, Chairman Committee on the Judiciary, House of Representatives. MY DEAR MR. CLAYTON: The Secretary of War advises me that he has had a talk with you with respect to procuring some legislation under which during the absence of the United States district judge for Porto Rico a justice of the supreme court of the island may act in his stead. Both Judge Jenkins, United States district judge, and Gov. Colton recommend the passage of such an act, and it would seem to me to be quite necessary that there should be some such legislation. It may be a question whether or not under the general power of a circuit judge or circuit justice to assign a district or circuit judge from one district to another a judge from one of the districts in the United States proper could be assigned to Porto Rico. Aside from that the expense of sending a judge from the mainland to the island is worthy of consideration. The supreme court of the island is composed of a chief justice and four associate justices, two of whom are Americans and three native Porto Ricans. During the absence from the island of the regular United States district judge, it seems to me that one of these justices might properly hold the district court, and I have drafted a bill, which I inclose for your consideration, which would authorize that to be done. I also inclose a memorandum from the governor of Porto Rico and a letter from Judge Jenkins recommending this legislation. Faithfully, yours, GEO. W. WICKERSHAM, Attorney General. [Memorandum for the Secretary of War.] WAR DEPARTMENT, There is considerable business pending in the United States District Court for Porto Rico, and the time for opening its April term has passed. Judge Jenkins, the incumbent, is in the United States and is in such ill health as to make his return at all problematical, and under the most favorable circumstances impossible for two or three months. Meanwhile all business of the court is suspended, and the rights of litigants are thereby prejudiced, and there is no one with judicial authority to act upon applications for emergency writs or to sign orders; neither is there any authority in law for the designation of a substitute judge during the absence or disability of the regular incumbent. To relieve the immediate situation, as well as to enable the designation of a substitute judge whenever necessary in an emergency or when the regular judge may be absent on leave, it is suggested that Congress be requested to authorize the President to designate one of the judges of the Supreme Court of Porto Rico to act, without extra compensation, as judge of the United States district court during any absence of the regular judge. Attached hereto is a letter from Judge Jenkins upon this subject. GEO. R. COLTON, Governor of Porto Rico. CONGRESS, HOUSE OF REPRESENTATIVES. No. USE OF RECLAMATION FUND IN CONSTRUCTION OF BRIDGE ACROSS SNAKE RIVER, WYO. APRIL 26, 1912.-Committed to the Committee of the Whole House on the state of of the Union and ordered to be printed. Mr. TAYLOR of Colorado, from the Committee on Irrigation of Arid Lands, submitted the following REPORT. [To accompany H. R. 21171.] The Committee on Irrigation of Arid Lands have had under consideration H. R. 21171, a bill authorizing the use of the réclamation fund in construction of a bridge across Snake River, in Wyoming, and report the same back with recommendation that it be amended as follows: In line 4, page 2, strike out the word "as" and insert the following: "not to exceed eighteen thousand dollars, and in no event more than one-half of the sum that." Also that the bill be amended by adding thereto, at the end of line 10, page 2, the following: Provided, That no part of the funds herein authorized to be used, except such as may be necessary for the making of examinations and estimates, shall be expended until the Secretary of the Interior shall have obtained, from the proper local authorities, satisfactory guarantees of the payment, by the said local authorities, of onehalf of the cost of said bridge; and that the said local authorities assume full responsibility for, and will at all times maintain and repair, the said bridge and approaches thereto. Also amend by striking out the preamble. The building of the bridge provided for in this bill is rendered necessary by the construction, by the Reclamation Service under the reclamation law, of a dam at the outlet of Jackson Lake, near the Yellowstone National Park, in northwestern Wyoming; and the change in the character of the flow of Snake River, through which the empounded waters are discharged. Jackson Lake lies in the northern part of what is known as "the Jackson Hole country," immediately south of the Yellowstone National Park. The lake which covers approximately 20,000 acres, is formed by the waters of the Snake River flowing from the north, and the water is discharged through Snake River to the south. The Jackson Hole region, through which the Snake River flows, is a comparatively level basin entirely surrounded by high mountains; it is about 50 miles in length and from 15 to 20 miles in width. Through this basin Snake River flows in a southwesterly direction, finally entering the canyon of the Gros-Ventre Range and flowing through a deep canyon west into Idaho. Owing to the topography of the country, the Snake River is not available for irrigation to any considerable extent as it flows through Jackson Hole; but a considerable acreage in the eastern part of the region is irrigated from the waters of the Gros-Ventre River, Flat Creek, and other streams. The region supports a permanent population of about 2,000 people, and a very much larger population during the tourist and hunting season. The Reclamation Service is at present prepared to impound nearly half a million feet of water in Jackson Lake, but have in contemplation works which will ultimately impound a million and a half acrefeet. The reservoir is therefore the largest in capacity of any used by the Reclamation Service. The waters thus impounded are all used in the State of Idaho on the Minidoka project of the Reclamation Service, and by arrangement with the Reclamation Service, by two private enterprises, the North Side Twin Falls Land & Water Co. and the American Falls Canal & Power Co. Prior to the building of the dam at the outlet of Jackson Lake the Snake River was fordable in its course through Jackson Hole most of the year, except a limited period of high water in the spring. Most of the travel through Jackson Hole comes from the west, over the Teton Pass, and for years a ferry has been maintained near Wilson, on the road from the Teton Pass to the lower end of the Jackson Hole region. The use of Snake River as a channel for the carrying of the impounded waters from Jackson Lake into Idaho converts Snake River into a stream too deep to ford during any portion of the summer; and in addition to that, in regulating the water in Jackson Lake, it occasionally becomes necessary for the Reclamation Service to open the gates and discharge large quantities of water in the very early spring. This was done twice this last spring, with the result that the flood, carrying with it accumulated ice, washed out the ferry anchorages and left the people of Jackson Hole without any communication with the outside world for a considerable length of time. It is very clear that the building of the dam at the outlet of Jackson Lake necessitates the building of a bridge across Snake River, and that but for such construction the people of the region could have forded and ferried the river as heretofore; and that there is at least a moral, if not a legal, obligation on the part of the Reclamation Service to contribute toward remedying the condition they have created. This is recognized by the Secretary of the Interior, as shown by letters made part of this report. The Reclamation Service is of course obliged to build bridges across the canals they construct, where public roads cross the same. The service also restores all roads submerged by flooding or interfered with by its construction; but while acknowledging the obligation on the part of the Government in this case, the service seems to be of the opinion that their obligation is not so clear and direct in the case to warrant the building of the bridge by the service without the sanction of Congress. The equities in the case are enhanced by the fact that the small community whose only means of communication with the outside world is rendered difficult, and at times impossible, is in no way even remotely benefited by the new condition from which they suffer, and it seems but just that those who benefit from the waters impounded should pay at least a part of the cost of remedying conditions thus created. The Secretary of the Interior expresses the view that the local community should pay half of the cost of the bridge and agree to maintain and repair it. In these views the committee concur and have amended the bill accordingly. Letters of the Secretary of the Interior are appended hereto: Hon. W. R. SMITH, DEPARTMENT OF THE INTERIOR, Chairman Committee on Irrigation of Arid Lands, House of Representatives. SIR: The department is in receipt of your letter of March 8, transmitting copy of H. R. 21171, with a request for the views of the department and any suggestions that may be deemed proper. This bill is entitled as follows: "A bill authorizing the use of the reclamation fund in construction of a bridge across Snake River in Wyoming.' It provides that such portion of the reclamation fund as may be necessary, in the judgment of the Secretary, may be used for the construction of a bridge across Snake River at a point in Ts. 41 or 42 N., Rs. 116 or 117 W., Wyoming, to be determined by the Reclamation Service, with a view of best serving the people of Jackson Hole and adjacent territory in Wyoming. This bill is substantially the same as S. 3947, except that the latter appropriates the sum of $10,000 for the purpose. The department, on January 4, 1912, reported to Hon. George S. Nixon, chairman of the Senate Committee on Irrigation and Reclamation of Arid Lands, upon the said bill S. 3947, copy herewith. In this report the conditions are reviewed, and it is shown that the operations of the Reclamation Service have contributed to a change in the conditions such that it seemed reasonable that the United States should bear one-half the expense of construction. As its operation had a material effect upon the conditions of the river during only two months in the year, it seems proper that the county should contribute at least one-half of the expense of construction, and assume responsibility for its maintenance. It is believed, therefore, that the bill should provide that the bridge may be constructed by the Reclamation Service as soon as arrangements have been made with the county by which the latter would deposit one-half the estimated cost and agree to maintain the bridge. Very respectfully, SAMUEL ADAMS, DEPARTMENT OF THE INTERIOR, Hon. GEORGE S. NIXON, Chairman Committee on Irrigation and Reclamation of Arid Lands, United States Senate. SIR: By reference of December 20 I am in receipt of bill S. 3947, with request for an expression regarding the advisability of this legislation. This bill is to provide a bridge across Snake River, Wyo., at a cost of $10,000, to be paid out of the reclamation fund. The demand for such a bridge arises from the fact that the Snake River in its course through Jackson Lake has but few practicable fords. The settlers in this area obtain their supplies by team from towns to the west in the State of Idaho by crossing the Teton Mountains. The pass is traversed with great difficulty by heavy teams excepting for two months in the year, namely, August and September. During these months the settlers as a rule drive their stock to market and bring back their year's supplies. A dam has recently been built under the terms of the reclamation act of June 17, 1902 (32 Stat., 388), for controlling the water in Jackson Lake. Before the lake was thus regulated the river was at a low stage during August and September, but with the storage of floods and turning these down the river during the latter part of the crop season the river is maintained at a height above the normal and many of the fords are impassable, so that it is necessary to make wide detours to reach a ferry. A reconnoissance has been made of the country and the conclusion reached that a steel bridge can be built at a cost of between $25,000 and $35,000. It is hardly practicable to attempt to construct anything much cheaper, as a bridge which is not well built can hardly be expected to remain long enough to justify the outlay. It is not wise to attempt the construction of such a bridge until the contemplated railroad has been completed to the town of Driggs, Idaho, from which point material can be freighted in at less expense than from the present railroad stations. It is understood that the railroad will be in operation to Driggs by the end of 1912. Assuming that there is a moral obligation on the part of the Government to provide a bridge in order to meet the changed conditions in August and September, due to the construction of the Jackson Lake Dam, it is believed that Uinta County, Wyo., in which the bridge is to be located, should not only bear one-half the expense of this construction, but should also be required to assume responsibility for its maintenance. The county should also be required to put in good condition an adequate wagon road and approaches to the bridge. The payment of half the cost by the county should be required, because the bridge would be available during the entire year, whereas the operations of the Government do not deleteriously affect the river in other months than August and September. Considering all the conditions, the department is of the opinion that the Government could not be required to construct this bridge unless the county shall cooperate in the manner hereinbefore indicated. WALTER L. FISHER, Secretary. Very respectfully, O |