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assessment and determination the Interstate Commerce Commission is hereby vested with all the powers which it has now or may at the time be authorized by law to exercise in investigating and ascertaining the justice and reasonableness of freight, passenger, express, and mail rates, and in investigating and ascertaining the value of property owned or used by common carriers subject to the act to regulate commerce as amended. The finding by the Interstate Commerce Commission of the amount of such damages or compensation shall be filed with the Secretary of the Treasury and shall be paid by him out of any funds in his hands not otherwise appropriated. All officers, agents, or employees of any railroad, telephone, or telegraph company who may be drafted into the Military Establishment of the United States hereunder shall, during the time that the United States is so in possession of the said railroad, telephone, or telegraph line, receive for their services rendered in connection with the use of the same such compensation as they were theretofore accustomed to receive for similar services.

SEC. 7. That any person or persons having in possession any portion of the railroad, telephone, or telegraph lines aforesaid, or the property thereunto appertaining, who shall refuse to surrender the same to the possession of the United States upon order of the President, or who shall resist or interfere with the unrestrained use by the United States of the property so taken into possession, or any portion of the same, or who shall injure or destroy or attempt to injure or destroy the property aforesaid, or any part thereof, while in the possession of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years, or both, in the discretion of the court

O

LAND PATENTS IN OREGON.

FEBRUARY 10, 1917.-Ordered to be printed.

Mr. CHAMBERLAIN, from the Committee on Public Lands, submitted the following

REPORT.

[To accompany H. R. 17055.]

The Committee on Public Lands, to which was referred the bill (H. R. 17055) providing when patents shall issue to the purchaser or heirs on certain lands in the State of Oregon, having had the same under consideration, begs leave to report it back to the Senate with the recommendation that it do pass.

The following letter from the Secretary of the Interior, addressed to the chairman of the Committee on Public Lands of the House, explains the legislation provided for in this bill:

Hon. SCOTT FERRIS,

DEPARTMENT OF THE INTERIOR,
Washington, July 31, 1916.

Chairman Committee on the Public Lands, House of Representatives.

MY DEAR MR. FERRIS: I have your letter of July 19, 1916, inclosing a copy of bill H. R. 17055, and requesting a report thereon. The bill is as follows:

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who have heretofore purchased or may hereafter purchase any of the lands of the Umatilla Indian Reservation, in the State of Oregon, and have made or shall make full and final payment therefor, in conformity with the acts of Congress of March third, eighteen hundred and eighty-five, and of July first, nineteen hundred and two, and subsequent acts respecting the sale of said lands, shall be entitled to receive patents there for upon submitting satisfactory proof to the Secretary of the Interior that the untimbered lands so purchased are not susceptible of cultivation or residence and are exclusively grazing lands, incapable of any profitable use other than for grazing purposes.

"SEC. 2. That where a party entitled to claim the benefits of this act dies before securing a patent therefor it shall be competent for the executor or administrator of the estate of such party, or one of the heirs, to make the necessary proofs and payments therefor to complete the same; and the patent in such cases shall be made in favor of the heirs of the deceased purchaser, and the title to said lands shall inure to such heirs as if their names had been especially mentioned."

I have to advise you that this bill contains the provisions of the act of February 11, 1913 (37 Stat., 665), extending the provisions of the act of June 29, 1906 (34 Stat., 611), with the additional proviso that all persons who may hereafter purchase such claims shall be entitled to the benefits of the act.

Provision for the allotment and sale of the lands was originally made under the act of March 3, 1885 (23 Stat., 340). This act required residence and cultivation on the untimbered lands, but the acts of June 29, 1906, and February 11, 1913, supra, allowed the purchasers to receive title to the untimbered lands theretofore entered without cultivation and residence where it was shown that the lands were exclusively grazing lands and incapable of any profitable use other than for grazing purposes.

The Commissioner of the General Land Office informs me that the lists of appraisal of the remaining lands show that most of these lands are held at $1.25 per acre as appraised, but in some few instances the appraised price is as high as $2.50 per acre. There appear to be 110 entries that are now pending in the General Land Office, up which patents have not issued, which will be subject to the act if it be shown that the lands are exclusively grazing in character. It also appears that there are 69,121 acres of land that are now subject to entry, practically all of which is shown to be untimbered land. Entrymen taking those lands will do so subject to the appraised price. There is no objection by the department to the proposed bill being enacted into law. Cordially, yours, FRANKLIN K. LANE, Secretary.

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Mr. CHAMBERLAIN, from the Committee on Military Affairs, sub

mitted the following

REPORT.

[To accompany S. 7438.]

The Committee on Military Affairs, which has had under consideration S. 7438, a bill to make immediately available for the use of the State of Georgia in paying expenses incurred by said State in connection with the joint encampment held at Augusta, Ga., July 22 to 31, 1914, certain sums appropriated for arming and equipping the militia of said State, report the same back to the Senate with the recommendation that it do pass.

An identical bill (S. 708) passed both Houses of Congress during the last session. In some way the measure was overlooked and was not signed by the President.

The adjutant general of Georgia submitted an estimate of expenses for the encampment of the National Guard of Georgia for 1914, which was approved by the War Department. Subsequently he was advised of the desire of the department that as many troops as possible should attend the encampment, and he called upon the various captains of companies to urge their men to be present. As a result a much larger number did attend than theretofore, and the expenses exceeded the estimates by $14,409.98. The allotment, therefore, did not pay the expenses of the encampment by this sum and the amount was left unpaid for transportation of troops. It was supposed at first that this sum could be taken from the allotment to the National Guard of Georgia for 1915-16. The Comptroller of the Treasury ruled, however, that this could not be done.

This bill is not to increase the allotment to the State of Georgia for the National Guard, but to permit the payment of the unpaid balance for the encampment of 1914 out of the regular allotment for 1915-16. The sum of $14,409.98 is being reserved on the books of the Militia Bureau from the allotment made the State of Georgia from the appropriation under section 1661, Revised Statutes, for the fiscal year 1916, in accordance with request from the authorities of the State of Georgia to cover the expenses in question if proper legislation is enacted making the funds available for the indebtedness.

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Mr. SHEPPARD, from the Committee on Commerce, submitted the

following

REPORT.

[To accompany H. R. 18550.]

The Committee on Commerce, to which was referred the bill (H. R. 18550) granting the consent of Congress to the county of Montgomery, in the State of Tennessee, to construct a bridge across the Cumberland River, having had the same under consideration, respectfully reports the same back to the Senate with the recommendation that the bill pass without amendment.

The House report and favorable report from the War Department are attached.

[House Report No. 1256, Sixty-fourth Congress, seeond session.]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 18550) granting the consent of Congress to the county of Montgomery, in the State of Tennessee, to construct a bridge across the Cumberland River, having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the War Department, as will appear by the letter attached and which is made a part of this report.

[Second indorsement.]

WAR DEPARTMENT, December 22, 1916. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives.

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, H. R. 18550, Sixty-fourth Congress, second session, for the construction of a proposed bridge across the Cumberland River, Tenn.

WM. M. INGRAHAM,
Assistant Secretary of War.

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