said creek will be consummated during the present month. Until the title of the United States in the said creek is completed the Secretary of War, even though he should possess necessary authority to permit of the desired extension of this sewer. could not by himself permit its extension across Lobos Creek. This department considers the construction of the proposed sewer by the city and county of San Francisco to be an improvement of great importance, but since it contemplates the placing of a permanent structure or construction work upon a military reservation, the department is in doubt as to whether it has the legal right to issue a permit of this character. The proposed sewer would not only appear to be permanent in character, but it would also appear that a permanent occupancy of the military reservation is contemplated, and as it falls in the category of a permanent improvement, it is inconsistent with the nature of a revocable license I am, therefore, of the opinion that as the character of the improvement that the city and county of San Francisco desire to make in this case is of a permanent nature and also contemplates a permanent occupancy of the reservation, the Secretary of War is without authority to grant the license applied for, and that application should be made therefor to Congress. In view of the foregoing, it is requested that an item be included in the urgent deficiency bill, now pending before Congress, which will permit the construction of the sewer in such location and under such conditions and regulations as the Secretary of War may prescribe. Very sincerely, yours, NEWTON D. BAKER, Hon. GEORGE E. CHAMBERLAIN, WAR DEPARTMENT, Washington, January 9, 1917. Chairman Committee on Military Affairs, United States Senate." MY DEAR SENATOR: With reference to your letter of December 27, 1916, suggesting that I have the Judge Advocate General prepare an amendment to the Army appropriation bill granting a permit to the city and county of San Francisco to make certain permanent sewer improvements across the military reservation of the Presidio of San Francisco, I have to state that a draft of a separate bill designed to grant the permission referred to was prepared by the Judge Advocate General and transmitted to the Hon. Julius Kahn, House of Representatives, on December 28, 1916, at his request. That bill was introduced by Representative Kahn in the House of Representatives on January 2, 1917, becoming H. R. 19423 (64th Cong., 2d sess.), and was on that date, reported favorably by the Committee on Military Affairs of the House of Representatives (H. Rept. 1253). An identical bill was introduced in the Senate on January 6, 1917. (S. 7713, 64th Cong., 2d sess.) The language of that bill in the form of the accompanying draft would be appropriate for embodiment in the Army appropriation act as a proviso under the heading "Waters and sewers at military posts.' I thank you for the interest you have shown in the matter. Very sincerely, NEWTON D. BAKER, Provided, That the consent of the United States is hereby given to the city and county of San Francisco, California, to locate, construct and maintain a forty-inch concrete storm-water relief sewer over and across Lobos Creek and thence through a portion of the Presidio of San Francisco Military Reservation to a point where it will again reach Lobos Creek and discharge therein upon such location and plans as the Secretary of War may approve and under such conditions and regulations as he may prescribe: And provided further, That the right to amend, alter, or repeal the foregoing proviso is hereby expressly reserved. AUTHORIZING CONSTRUCTION OF BRIDGE ACROSS MISSISSIPPI RIVER AT OR NEAR BEMIDJI, MINN. JANUARY 29, 1917.-Ordered to be printed. Mr. SHEPPARD, from the Committee on Commerce, submitted the following REPORT. [To accompany S. 7910.] The Committee on Commerce, to whom was referred the bill (S. 7910), authorizing the construction of bridge across the Mississippi River at or near Bimidji, Minn., having considered the same, report thereon with a recommendation that it pass as amended. The bill has the approval of the Department of War, as will appear by the following letter, which is made a part of this report: [Second indorsement.] WAR DEPARTMENT, January 25, 1917. Respectfully returned to the chairman Committee on Commerce, United States Senate. So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration by Congress of the accompanying bill (S. 7910, present session for the construction of the proposed bridge across the Mississippi River at or near Bemidji, Minn., if amended as indicated in red thereon. WM. M. INGRAHAM, O 64TH CONGRESS, 2d Session. } SENATE. { REPORT CONSTRUCTION OF BRIDGE ACROSS MISSISSIPPI RIVER IN BELTRAMI COUNTY, MINN. JANUARY 29, 1917.-Ordered to be printed. Mr. SHEPPARD, from the Committee on Commerce, submitted the following REPORT. [To accompany S. 7924.] The Committee on Commerce, to whom was referred the bill (S. 7924) authorizing the construction of a bridge across the Mississippi River in Beltrami County, Minn, having considered the same, report thereon with a recommendation that it pass as amended. The bill has the approval of the Department of War, as will appear by the following letter, which is made a part of this report: [Second indorsement.] WAR DEPARTMENT, January 25, 1917. Respectfully returned to the chairman Committee on Commerce, United States Senate. So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration by Congress of the accompanying bill, S. 7924, present session, for the construction of the proposed bridge across the Mississippi River, in Beltrami County, Minn., if amended as indicated in red thereon. O WM. M. INGRAHAM, OVERFLOW RIGHT ON FORT GEORGE WRIGHT MILITARY RESERVATION, WASH. JANUARY 29, 1917.-Ordered to be printed. Mr. BRADY, from the Committee on Military Affairs, submitted the following REPORT. [To accompany S. 6133.] The Committee on Military Affairs has had under consideration S. 6133 authorizing the Secretary of War to grant to John D. Sherwood, of Spokane, Wash., the right to overflow certain lands on the Fort George Wright Military Reservation at Spokane, Wash., and to accept the conveyance to the United States of other lands to be designated by the Secretary of War and suitable for a rifle range in exchange for the land so overflowed, and report the same back to the Senate with an amendment by way of substitute, with the recommendation that the bill as amended do pass. The bill authorized the War Department to adjust the conditions upon which John D. Sherwood may erect a dam in the Spokane River upon his own private property, which will, by backing the water up, affect certain portions of the Fort George Wright Military Reservation. The matter has been carefully gone over by the War Department in consultation with the commanding officer at Fort George Wright, and their recommendations are embodied in the proposed substitute. John D. Sherwood owns land on the Spokane River below the Fort George Wright Military Reservation, and desires to erect a dam at that point for business purposes. This bill is intended to and does protect Fort George Wright Military Reservation against any damage that might come from the backing and raising of the water of the river by the proposed dam. The substitute proposed and suggested by the War Department will accomplish this purpose. Mr. SHIELDS, from the Committee on the Judiciary, submitted the following REPORT. [To accompany S. 378.] The Committee on the Judiciary, to which was referred S. 378, to provide for a district judge for the middle judicial district of Tennessee, and for other purposes, having considered the same, recommend that it be amended by inserting after the word "October," line 1, page 3, the words: "and at Cookeville in said State on the first Monday in February and June." With this amendment the committee recommends that the bill do pass. O |