DESIGNATION OF CERTAIN LANDS FOR USE AS A PUBLIC HIGHWAY. APRIL 3, 1912.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. MORGAN, from the Committee on the Public Lands, submitted the following REPORT. [To accompany H. R. 16611.] The Committee on the Public Lands, to which was referred the bill (H. R. 16611) setting apart a certain tract of land for use as a public highway, having had the same under consideration, recommends that the bill be amended as hereinafter set forth and that as amended it do pass. Amend the bill by substituting a comma for the colon after the word "such," in line 14, on page 1, and by inserting thereafter the following words, to wit: on condition that the city of Anadarko, Oklahoma, erect a substantial and suitable fence along the south side of the road hereby set apart, subject to the approval of the Secretary of the Interior. Amend by inserting a colon immediately following the foregoing words, so that the bill when so amended will read as follows, to wit: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a tract of land sixty-six feet wide and about three-fourths of a mile in length, situate in Caddo County, State of Oklahoma, described as follows, to-wit: Beginning on the section line between sections fourteen and fifteen, township numbered seven north, range ten west of the Indian meridian, at a point sixty-six feet south of the right of way of the Chicago, Rock Island and Pacific Railway, thence east on a line parallel with a right of way of said railway, for a distance of about threefourths of a mile to the intersection of the public highway running north and south, be, and the same is hereby, set apart as a public highway for the use of the public as such, on condition that the city of Anadarko, Oklahoma, erect a substantial and suitable fence along the south side of the road hereby set apart, subject to the approval of the Secretary of the Interior: Provided, That should said highway ever be vacated by any competent authority the title to the said described tract of land shall inure to the then owner of the tract of which it formed a part by the original survey. As a part of this report, letters from the Assistant Secretary of the Interior dated January 30, 1912, and from the Acting Secretary of the Interior dated February 26, 1912, are hereby submitted. DEPARTMENT OF THE INTERIOR, Hon. JOE T. ROBINSON, Chairman Committee on the Public Lands, House of Representatives. SIR: I have the honor to acknowledge receipt, by your reference dated January 13, 1912, of a copy of H. R. No. 16611, entitled “A bill setting apart a certain tract of land for public highway, and for other purposes." An investigation discloses that the tract of land described in the bill above mentioned is located in the S. of sec. 14, T. 7 N., R. 10 W., which, with the exception of the E. of SE. †, was ceded to the United States by the agreement made with the Comanche, Kiowa, and Apache Tribes of Indians on October 21, 1892, ratified and amended by the act of June 6, 1900 (31 Stat. L., 672, 676), and is reserved for the use of the Comanche, Kiowa, and Apache Indian Agency. The E. of the SE. is shown by the records of the Indian Office to have been allotted to William F. Dietrick. The records of the Indian Office show that he has received a patent in fee for his allotment, the same being transmitted to him through his attorney, W. C. Shelley, under date of April 25, 1903. Without a report from its representative in the field the department is unable to determine whether the establishment of the highway along the course indicated in the bill would interfere with the use of the lands mentioned for agency purposes. The Indian Office has requested the superintendent of the Kiowa Indian School to submit an immediate report on the matter, on receipt of which the department will communicate with you further. Respectfully, CARMI A. THOMPSON, DEPARTMENT OF THE INTERIOR, Hon. JOE T. ROBINSON, Chairman Committee on the Public Lands, House of Representatives. SIR: I have the honor to inform you that the Indian Office is now in receipt of a letter and telegram from the superintendent of the Kiowa Indian School, Andarko, Okla., dated February 1 and February 13, 1912, respectively, reporting on H. R. 16611, entitled "A bill setting apart a certain tract of land for a public highway and for other purposes," a copy of which was referred to this department by your letter dated January 13, and to which response was made on January 30, 1912. The superintendent says that the proposed road would make it possible to avoid a long, sandy pull along the south boundary of sec. 14, T. 7 N., R. 10 W., and that it would not interfere with the use of the SW. and W. of SE. of said section for agency purposes. He recommends that no consideration be required for the land necessary for the proposed road except that the city of Anadarko, Okla., be required to fence it with a good four-strand galvanized-wire fence, in order that that part of the tract reserved for agency purpose situated south of the proposed road may be used as a pasture. The SW. and the W. of SE. of sec. 14, T. 7 N., R. 10 W., was ceded by the Indians to the United States by virtue of an agreement made October 6, 1892, which was ratified by the act of Congress approved June 6, 1900 (31 Stat. L., 676), and has been withdrawn from settlement and entry to be used for Indian agency purposes. In view of the facts above presented, I have the honor to recommend that the bill be modified by substituting a comma for the colon after the word "such," in line 14 of page 1, and by inserting thereafter the words: "On condition that the city of Anadarko, Oklahoma, erect a substantial four-wire fence along the south side of the road hereby set apart, subject to the approval of the Secretary of the Interior." If the bill be modified in accordance with the above recommendation, this department will offer no objection to the proposed legislation being enacted into law. Respectfully, SAMUEL ADAMS, Acting Secretary. O RIGHT OF WAY ACROSS FORT MASON MILITARY RESERVATION, CAL. APRIL 4, 1912.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. SLAYDEN, from the Committee on Military Affairs, submitted the following REPORT. [To accompany H. R. 22204.] The Committee on Military Affairs, to whom was referred the bill (H. R. 22204) granting a right of way to the Panama-Pacific International Exposition Co., or any other party or parties approved by the Secretary of War, across the Fort Mason Military Reservation in California, report the same to the House with the recommendation that as amended the bill do pass. Amend by adding: SEC. 2. That the act approved January eighth, nineteen hundred and nine, entitled "An act granting a right of way to the Southern Pacific Railroad Company across the Fort Mason Military Reservation in California” be, and the same is hereby, repealed. The following letter from the Secretary of War fully explains the nature of the proposed legislation and the reason for it: The CHAIRMAN COMMITTEE ON MILITARY AFFAIRS, WAR DEPARTMENT, Washington, March 29, 1912. House of Representatives. SIR: I have the honor to return herewith a bill (H. R. 22204) granting a right of way to the Panama-Pacific International Exposition Co., or any other party or parties approved by the Secretary of War, across the Fort Mason Military Reservation in California, which was referred to me for information and remark. The construction of a tunnel under Fort Mason is highly desirable, in order that direct railroad connection can be had with the warehouses and wharves at the Army supply depot without the necessity of the construction by the Government of a railroad track around the edge of the Fort Mason Reservation. In this connection I desire to invite your attention to the fact that by act of Congress approved January 8, 1909, it was provided: "That the consent of the United States is hereby given to the Southern Pacific Company, a corporation created and existing under the laws of the State of Kentucky, to locate, construct, maintain, and operate a railroad and tunnel upon and across the property belonging to the United States at Fort Mason in the State of California, upon such location and under such regulations as shall be approved by the Secretary of War." The Southern Pacific Co., after considerable correspondence on the subject, on November, 1910, stated that they had decided not to construct the tunnel. It is believed that it should distinctly appear that the grant to the Southern Pacific Co. has become inoperative. It is therefore recommended that a section be added to the bill now in reference substantially as follows: "SEC. 2. That the act approved January eighth, nineteen hundred and nine, entitled 'An act granting a right of way to the Southern Pacific Railroad Company across the Fort Mason Military Reservation in California' be, and the same is hereby, repealed." As thus amended, it is recommended that the bill be given favorable consideration. Very respectfully, ROBERT SHAW OLIVER, |