64TH CONGRESS, 2d Session. } SENATE. { REPORT EXCHANGE OF LANDS SET ASIDE FOR MILITARY PURPOSES IN THE TERRITORY OF HAWAII FOR PRIVATE LAND. DECEMBER 16, 1916.-Ordered to be printed. Mr. CHAMBERLAIN, from the Committee on Military Affairs, submitted the following REPORT. [To accompany S. 4360.1 The Committee on Military Affairs has had under consideration the bill (S. 4360) authorizing the President to exchange land set aside for military purposes in the Territory of Hawaii for private land. The measure was presented to Congress at the request of the former Secretary of War, but not having been reached for consideration by the committee during the first session of the present Congress the present Secretary of War addressed the committee on the 7th of December, and in view of the necessity for the legislation as set forth in the communications referred to the committee recommend the passage of the bill. The letters from the War Department are as follows: Hon. GEORGE E. CHAMBERLAIN, WAR DEPARTMENT, Washington, January 5, 1916. Chairman Committee on Military Affairs, United States Senate, Washington, D. C. MY DEAR SENATOR: I have the honor to request that the inclosed draft of bill, designed to effect exchanges of public land set aside for military purposes in the Territory of Hawaii, and which is not needed for such purposes, for private land which will be of value in the defense of that Territory, be presented to Congress. The following situation has arisen which makes the enactment of the proposed legislation at this particular time very important and of decided advantage to the interests of the Government: Certain lands on Salt Lake Ridge and Red Hill Ridge, island of Oahu, comprising 202 acres, and another tract on the same island adjoining the department hospital, containing 12.04 acres, both owned by one Samuel M. Damon, are needed for military purposes, the former tract to complete properly the Red Hill line of defense, in connection with which the Government has already acquired certain lands by purchase, and the latter tract for the enlargement of the hospital site and the location thereon of quarters for officers as funds for their erection become available. There is a tract of 300 acres of public land at Aiea which is available for reservation for military purposes, and for 160 acres of which Mr. Damon is willing to exchange the two tracts above described. If congressional authority that will permit this exchange is not granted and the desired tracts are to be acquired, it will become necessary to acquire them by purchase. The exchange could be effected without congressional action through the cooperation of the government of the Territory, which is favorable thereto, were it not for a provision of section 73 of the organic act of the Territory, as amended by the act of May 27, 1910 (36 Stat., 446), that "no exchange by which the Territory shall convey lands exceeding either 40 acres in area or $5,000 in value shall be made." It therefore becomes necessary that congressional authority be obtained if the exchange is to be made, and the inclosed bill is designed to grant such authority. It is stated by the commanding general, Hawaiian Department, in a letter to The Adjutant General of the Army dated July 29, 1915, that the status of the defensive conditions of this island is a constantly changing one, making it impossible to foresee just what changes may from time to time be made necessary, and he urges that general legislation be enacted which will enable the executive to take advantage of these changing conditions as they from time to time occur. This situation is fully appreciated by the War Department, and for that reason the proposed legislation has not been confined to the single instance referred to in this letter but has been drawn so as to confer a general authority that may also be utilized in all similar situations that may arise. Yours, very truly, LINDLEY M. GARRISON, Secretary of War. Hon. GEORGE E. CHAMBERLAIN, Chairman Committee on Military Affairs, United States Senate, Washington, D. C. WAR DEPARTMENT, Washington, December 7, 1916. MY DEAR SENATOR: I have the honor to request that the inclosed draft of bill, which is identical with S. 4360, first session Sixty-fourth Congress, entitled “A bill authorizing the President to exchange land set aside for military purposes in the Territory of Hawaii for private land," be again presented to Congress. The situation which calls for the enactment of this legislation, with respect to which there has been no change since the subject was brought to the attention of the Senate Committee on Military Affairs on January 5 last, is as follows: Certain lands on Salt Lake Ridge and Red Hill Ridge, island of Oahu, comprising 202 acres, and another tract on the same island adjoining the department hospital, containing 12.04 acres, both owned by one Samuel M. Damon, are needed for military purposes, the former tract to complete properly the Red Hill line of defense, in connection with which the Government has already acquired certain lands by purchase, and the latter tract for the enlargement of the hospital site and the location thereon of quarters for officers, as funds for their erection become available. There is a tract of 300 acres of public land at Aiea which is available for reservation for military purposes and one of 160 acres for which Mr. Damon is willing to exchange the two tracts above described. If congressional authority that will permit this exchange is not granted and the desired tracts are to be acquired, it will become necessary to acquire them by purchase. The exchange could be effected without congressional action through the cooperation of the government of the Territory, which is favorable thereto, were it not for a provision of section 73 of the organic act of the Territory, as amended by the act of May 27, 1910 (36 Stat., 446), that "no exchange by which the Territory shall convey lands exceeding either forty acres in area or five thousand dollars in value shall be made." It therefore becomes necessary that congressional authority be obtained if the exchange is to be made, and the inclosed bill is designed to grant such authority. It is stated by the commanding general, Hawaiian Department, in a letter to The Adjutant General of the Army, dated July 29, 1915, that the status of the defensive conditions of this island is a constantly changing one, making it impossible to foresee just what changes may from time to time be made necessary, and he urges that general legislation be enacted which will enable the Executive to take advantage of these changing conditions as they from time to time occur. This situation is fully appreciated by the War Department, and for that reason the proposed legislation has not been confined to the single instance referred to in this letter, but has been drawn so as to confer a general authority that may also be utilized in all similar situations that may arise. Yours, very truly, NEWTON D. BAKER, Secretary of War. A BILL Authorizing the President to exchange land set aside for military purposes in the Territory of Hawaii for private land. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to exchange public lands set aside for military purposes in the Territory of Hawaii, where not needed for such purposes, for private lands of practically equal value in the same Territory that are needed for military purposes, the lands so acquired by exchange to be given thereby the same status as lands set aside from the public domain by the President for military purposes. Mr. CHAMBERLAIN, from the Committee on Military Affairs, submitted the following REPORT. [To accompany H. R. 9547.] The Committee on Military Affairs has given consideration to the bill (H. R. 9547) authorizing the acceptance by the United States Government from the Kenesaw Memorial Association of Illinois of a proposed gift of land on the Kenesaw battle field in the State of Georgia and recommend its passage by the Senate. The purpose of the measure is set forth in the following report furnished the committee by the War Department: WAR DEPARTMENT, Washington, February 29, 1916. The CHAIRMAN SENATE COMMITTEE ON MILITARY AFFAIRS. SIR: I beg to acknowledge receipt of your request, by indorsement of the 24th instant, that the Senate Committee on Military Affairs be furnished with any information that may be in the possession of the War Department relative to H. R. 9547, Sixty-fourth Congress, first session, entitled "An act authorizing the acceptance by the United States Government from the Kenesaw Memorial Association of Illinois of a proposed gift of land on the Kenesaw battle field in the State of Georgia." In reply to your request, I have the honor to advise you that it appears that the Kenesaw Memorial Association, a corporation organized under the laws of Illinois, owns 60 acres of land on the Kenesaw battle field, upon which a monument costing $20,000 has been erected for the purpose of perpetuating the memory and services of the members of Col. Dan McCook's Third Brigade, Second Division, Fourteenth Army Corps, who fell in the assaults against the Confederate works at Kenesaw, Ga., June 27 to July 3, 1864, and that the association desires to deed this land and the monument thereon to the United States, with a view to their being properly cared for and maintained by the Government. The bill as drawn, if enacted, would appear to be in proper form to authorize the acceptance of the property by the Secretary of War on behalf of the Government in accordance with its purpose. This department has no objection to offer to its enactment. Very respectfully, H. L. SCOTT, Secretary of War ad interim О |