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RECLAMATION AND DEVELOPMENT OF ANACOSTIA RIVER AND FLATS.

APRIL 9, 1912.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. JOHNSON of Kentucky, from the Committee on the District of Columbia, submitted the following

REPORT.

[To accompany H. R. 22642.]

The Committee on the District of Columbia, to whom was referred H. R. 22642, report the same back to the House with the recommendation that it do pass.

The Board of Engineer Officers on the Reclamation and Development of the Anacostia River and Flats finds it absolutely necessary for the prompt and efficient prosecution of this work, for which appropriation has been made, that a determination should be reached at the earliest possible moment as to the ownership of the lands affected by the portion of the work immediately to be undertaken. The questions relating to these lands can only be determined by court procedure, and H. R. 22642 proposes a means by which a decision can most expeditiously be reached by conferring upon the Supreme Court of the District of Columbia broad equity jurisdiction to settle any and all questions which may arise as to contested rights of the United States. The procedure proposed is that which was successfully followed in the determination of titles involved in the Potomac Park improvement. The bill also provides for the settlement of any future questions along the river frontage of the District where the United States has a claim of rights.

The first section of the bill directs the Attorney General to bring suit to clear the title of the United States, the second section provides for notice to all persons who may be interested, the third section confers the necessary jurisdiction on the Supreme Court of the District of Columbia to enable it to proceed at once to the determination of the merits of the case or cases without delay from technical obstructions, the fourth section provides for a report to the Congress for its action as to any private rights which may be found to exist, the fifth section gives the United States or any other party

the right of appeal to the Supreme Court of the United States, and the sixth section makes an appropriation for the necessary expenses of the litigation.

As an incident to the determination of title for the purpose of the Anacostia River reclamation, determination will also be had as to the title to the land over which it is proposed to construct the branch track to the navy yard. The construction of this track is now delayed by reason of the unsettled questions of title, which, in any event, will have to receive judicial determination.

The bill has no other effect than to provide a means to quiet title. The claims of the United States are opposed by conflicting claims of private parties to identical portions of this land, and the questions of title involved in such claims would themselves have to be settled by some form of judicial procedure before the engineers could safely proceed with the work of the reclamation of the flats of the Anacostia River. The inclusion of all the questions in one suit, or series of suits, will not only save time in the matter of the prosecution of the improvements but will reduce the ultimate cost of any land which it may be found necessary to acquire. All private rights are carefully safeguarded, while at the same time the United States has abandoned none of its sovereign rights in entering into litigation with private parties. The matter of the future disposition of the land is not affected and the question of the acquirement of private rights which may de determined to exist, as well as the disposition of the land confirmed in the United States, is left to the future action of the Congress.

The following letters requesting favorable action on this bill have been received from officials of the United States and of the District of Columbia charged with public duties relating to the lands affected by the bill as reported:

Hon. BEN JOHNSON, M. C.,

Chairman Committee on District of Columbia,

House of Representatives.

APRIL 3, 1912.

DEAR SIR: I regard it as extremely desirable that legislation should be passed at this session of Congress to enable the United States to assert its rights in the lands to be affected by the improvement of the Anacostia River. The bill, H. R. 22642, introduced by you on the 30th ultimo seems to be in the interests of the United States, and I strongly recommend a favorable report by your committee and the enactment of

the bill.

Respectfully,

GEO. W. WICKERSHAM,
Attorney General.

COMMISSION TO INVESTIGATE THE TITLE OF THE UNITED STATES TO LANDS IN THE DISTRICT OF COLUMBIA.

APRIL 3, 1912.

Hon. BEN JOHNSON, M. C.,
Chairman Committee on District of Columbia,

House of Representatives.

DEAR SIR: The investigations of the above commission seem to show that the United States has very valuable rights along the Anacostia River involving land which is occupied or claimed by private persons and which is needed for the purpose of the improvement of the Anacostia River. The questions involved can only be determined by a court of competent jurisdiction, and it is strongly recommended by this commission that H. R. 22642, conferring due jurisdiction on the Supreme Court of the District of Columbia in the premises, shall become a law at the earliest practicable moment. A favorable report by your committee and the passage of this bill by the House of Representatives are strongly urged. A similar bill has been favorably

reported by the Senate Committee on the District of Columbia, and it is probable that final enactment of this desirable measure could be had shortly after action by the House of Representatives.

Respectfully,

GEO. W. WICKERSHAM,
Attorney General, Chairman.

APRIL 4, 1912.

MY DEAR CONGRESSMAN: Under the act of June 24, 1910, making appropriation for the uaval service, the Secretary of the Navy is directed to enter into an agreement with the Philadelphia, Baltimore & Washington Railroad Co. for the construction, operation, and maintenance of a sufficient track connection from the main track of said railroad along the water front of the Anacostia River to connect with the track system of the United States navy yard, and that it shall be constructed wholly upon a right of way to be provided by the United States. It also provides that upon the execution of the above agreement the Secretary of the Navy acquire any part of the land necessary for yardage or right of way by purchase or condemnation and construct connections and switches necessary to the proper operation of the yard system in connection with said branch track.

Immediately after the passage of the above act this department took up negotiations with the railroad company to carry out the above law, but the railroad company refused to enter into a contract until the claims of various persons of different interests in the land necessary for this purpose could be determined. The work was consequently suspended until title in this land was acquired. There are so many claimants that independent action against each of them would result in long and tedious litigation. The provisions of H. R. 22642 seek to avoid this delay by providing for proceedings in equity under which all persons will be parties. The department believes this bill is in the interest of the United States and will clear the way for a proper execution of the act of June 24, 1910, and respectfully urges the enactment of the above-mentioned bill into law.

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Chairman Committee on the District of Columbia,

House of Representatives, Washington, D. C.

SIR: As chairman of the Board of Engineers on the Reclamation and Development of the Anacostia River and Flats, created by the act of Congress approved March 2, 1911, I have the honor to express the hope that the bill recently introduced by you in Congress, H. R. 22642, for the protection of the interests of the United States in certain lands and waters in the District, will soon become a law.

The board finds it difficult to make rapid progress in its work owing to the conflicting claims of ownership to much of the land bordering the Anacostia River. The passage of the bill introduced by you will, it is believed, not only enable the many cases of disputed title to be promptly settled, but will also preserve the ownership of the United States in much of the land along the river.

Very respectfully,

W. C. LANGFITT, Lieutenant Colonel, Corps of Engineers, Senior Member of the Board.

Hon. BEN JOHNSON,

APRIL 3, 1912

Chairman Committee on the District of Columbia,

House of Representatives.

DEAR SIR: The Commissioners of the District of Columbia have the honor to call your attention to the fact that as it is of very great importance that the questions affecting the title of the United States to lands along the Anacostia River should receive an early judicial determination it seems desirable that the bill (H. R. 22642) introduced by you on the 30th ultimo should receive favorable action by Congress at the earliest possible moment.

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As this bill proposes to deal only with questions of title, it is understood to involve no question as to the ultimate disposition of the land affected and seems to be a necessary preliminary to such decision.

As the completion of the improvements of the Anacostia River at an early date seems to be desirable in the interests of the District of Columbia, and as the bill above mentioned seems calculated to facilitate the work of these improvements, its early enactment seems most desirable.

Very respectfully,

BOARD OF COMMISSIONERS OF DISTRICT OF COLUMBIA,
By CUNO H. RUDOLPH, President.

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AUTHORITY TO CHANGE NAMES OF STEAMERS "SYRACUSE" AND "BOSTON."

APRIL 9, 1912.-Referred to the House Calendar and ordered to be printed.

Mr. ALEXANDER, from the Committee on the Merchant Marine and Fisheries, submitted the following

REPORT.

[To accompany H. R. 22580.]

The Committee on the Merchant Marine and Fisheries, to whom was referred the bill (H. R. 22580) to authorize the change of the names of the steamers Syracuse and Boston, having considered the same, report it to the House with recommendation that it do pass.

This bill is similar to the bill (S. 3580) to authorize the change of name of the steamer Henry A. Hawgood, reported to the House January 29, 1912 (Rept. No. 276, 2d sess. 62d Cong.) and afterward passed by the House; also other bills of like character and purpose that have passed the House.

Under the act of March 2, 1881, a special act of Congress is required for the change of name of a vessel not free from mortgage. The steamers Syracuse and Boston are encumbered and for that reason application is made to Congress for authority to change their names.

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