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JACOB GROSS

May 11, 1949.-Committed to the Committee of the Whole House and ordered

to be printed

Mr. FEIGHAN, from the Committee on the Judiciary, submitted the

following

REPORT

(To accompany H. R. 3127)

The Committee on the Judiciary, to whom was referred the bill (H. R. 3127) to authorize the admission into the United States of Jacob Gross, a minor, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to provide for the admission of a 2-year-old child, orphaned because of the death of its parents in an airplane crash' while en route to the United States.

GENERAL INFORMATION

From the information submitted to a subcommittee of the Committee on the Judiciary by Mr. Dollinger, the author of the bill, it appears that the child in question would have been entitled to accompany its parents as a nonquota immigrant; but, because of the accidental death of both parents, the child lost its statutory nonquota status. The surviving grandparents of the child, who are now its gu ardians, do not confer nonquota status under the provisions of section 4 (d) of the Immigration Act of 1924, as amended.

The following statement was submitted to the committee by Mr. Dollinger:

The tragic circumstances, which prompted the introduction by me of H. R. 3127, are these:

Jacob Gross, named in the bill, was born in Rumania on January 9, 1947. His parents, Rabbi Rafael Gross and Amalie Gross, of Rumania, with Jacob, left Rumania for Prague, where a rabbinical (nonquota) visa for America awaited them. In the wooded area near Jacin, Czechoslovakia, their plane crashed and burst into flames. The baby Jacob, 11 months old, who was pinned to a pillow, was thrown clear, and was the only survivor.

After the tragedy, Rabbi Solomon Horovitz, the baby's grandfather, applied for a rabbinical (nonquota) visa in order that he might come to the United States and take the pulpit which Rabbi Gross had intended to fill. In the meantime,

Rabbi Horovitz had been appointed Jacob Gross' legal guardian, as there are no other surviving relatives. They laid their plans to come to the United States, and at the last moment were told that Jacob Gross would not be allowed to enter the United States.

Let me emphasize here that the baby Jacob was on his way to the United States when his parents were killed. A technicality in the law now prevents his entering the country.

When it was found that the baby Jacob could not accompany the Horovitz family to the United States, plans had to be changed. Rabbi Horovitz proceeded to the United States with his own four children, who are all minors. The grandmother, Mrs. Horovitz, remained in Paris to take care of Jacob, who is at this time only a little more than 2 years old.

There is no one else who is responsible for Jacob's care, and Mrs. Horovitz would not leave him behind. In the meantime, her own children, now in this country with their father, are deprived of their mother's presence. Due to their love for their grandchild and their recognition of their moral obligation to him, the grandparents are separated, and their own children are being denied the security of a united family.

I took up this problem with the State Department in order to help the child, who rightfully belonged here, because he was on his way to this country when he was orphaned. I was informed that, while they had every sympathy for the child and the family now making great sacrifices for him, young Jacob was prohibited from entering the country purely as a result of a technicality in the law. They suggested that I introduce a private bill to authorize issuance of an immigration visa to Jacob Gross; and I, therefore, introduced H. R. 3127, the bill now before you.

This committee, by favorably reporting H. R. 3127, will make it possible for a very small orphan boy to accompany his grandmother to this country: Mrs. Horovitz, the grandmother, who has so unselfishly remained in Europe in order to care for him, will be insured a speedy reunion with her own loved ones here.

The Department of State and the Department of Justice have informed the committee that they do not oppose the enactment of the measure.

After full consideration of the facts in this case, the committee is of the opinion that H. R. 3127 should be enacted, and it accordingly 80 recommends its enactment.

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AUTHORIZING CHANGES IN THE CLASSIFICATION OF

CROW INDIANS

May 11, 1949.-Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. MORRIS, from the Committee on Public Lands, submitted the

following

REPORT

To accompany H. R. 2170

The Committee on Public Lands, to whom was referred the bill (H. R. 2170) declaring children of competent Crow Indians to be competent members of the Crow Tribe, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:
Add the following new section:

Sec. 2. The Act of March 3, 1931 (46 Stat. 1495), is hereby amended to read as follows: "The Secretary of the Interior is hereby authorized, under such rules and regulations as he may prescribe, to classify adult unenrolled Crow Indians and add their names to the competent or incompetent rolls established pursuant to the Act of June 4, 1920 (41 Stat. 751), and to reclassify those persons whose names now or hereafter appear on said rolls from incompetent to competent.”

Amend the title to read:
A bill authorizing changes in the classification of Crow Indians.

EXPLANATION OF THE BILL

H. R. 2170, as amended, authorizes the Secretary of the Interior to classify all adult unenrolled Crow Indians as competent or incompetent and to reclassify the Indians whose status may have changed since their classification.

The act of June 4, 1920, provided for the appointment of a Commission to complete the enrollment of Crow Indians and to classify the enrolled Indians as either competent or incompetent. The Commission classified all minors as incompetent. No provision was made for a change in the classification of those minors when they attained

their majority, nor was any provision made for a change in the classification of adult incompetents. This has resulted in an increasingly large percentage of legally incompetent Indians, most of whom are actually as competent or more so than many classified as competent in 1920. The disparity in rights and privileges, particularly in the leasing of lands, has created both administrative and morale problems.

To correct this situation, the act of March 3, 1931, was enacted, authorizing the Secretary to change the classification of any Crow Indian under the act of June 4, 1920, from incompetent to competent on the recommendation of a committee appointed for the purpose. However, the 1931 legislation failed to properly define the Secretary's administrative responsibility for proper land use and range management in connection with the leasing of Crow lands, and it was not until after the passage of clarifying legislation in 1948 that the classification began of Indians pursuant to the 1931 act.

Since the scope of the 1931 act is limited to Indians enrolled pursuant to the 1920 act, the committee feels that provision should be made for determining the competency of all nonenrolled persons, i. e., all born subsequent to the act of 1920. This proposed legislation would serve such purpose.

H. R. 2170 also provides that all children of parents who are classified as competent will automatically be declared competent upon attaining majority.

At hearings held on this bill, representatives of the Bureau of Indian Affairs, Department of the Interior, testified that H. R. 2170 would have Departmental support if amended.

The Committee on Public Lands unanimously recommends the enactment of this bill, as amended.

RAMSEYER RULE

Pursuant to the provisions of clause 2a, rule XIII, of the Rules of the House of Representatives, proposed changes in existing law are indicated below (matter proposed to be omitted is enclosed in black brackets, new matter is printed in italics, and existing law in which no change is proposed is shown in roman):

Act of March 3, 1931 (46 STAT. 1495) [That] The Secretary of the Interior is hereby authorized, under such rules and regulations as he may prescribe, to [change the classification of any Crow Indian under the Act of June 4, 1920 (71 Stat. L. 751), from incompetent to competent on the recommendation of a committee appointed for the purpose in accordance with section 12 of said Act.] classified adult unenrolled Crow Indians and add their names to the competent or incompetent rolls established pursuant to the Act of June 4, 1920 (41 Stat. 751), and to reclassify those persons whose names now or hereafter appear on said rolls from incompetent to competent.

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AUTHORIZING THE FURNISHING OF WATER TO THE YUMA AUXILIARY PROJECT, ARIZONA, THROUGH THE WORKS OF THE GILA PROJECT, ARIZONA

May 11, 1949.—Committed to the Committee of the Whole House on the State

of the Union, and ordered to be printed

Mr. MURDOCK, from the Committee on Public Lands, submitted the

following

REPORT

(To accompany S. 690)

The Committee on Public Lands, to whom was referred the bill (S. 690) to authorize the furnishing of water to the Yuma auxiliary project, Arizona, through the works of the Gila project, Arizona, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

EXPLANATION OF THE BILL

the Gila project.

Yuma project.

The purpose of this bill is to authorize the furnishing of water to the Yuma auxiliary irrigation project in Arizona through the works of

The auxiliary project, which was authorized in 1917, adjoins the Yuma Valley project. 'Its water supply has been taken from the

Another project, the Gila project, since has been developed adjoining the Yuma'auxiliary project.' Water for the Gila project is diverted at Imperial Dam through the Gila gravity canal. The Gila project has a modern pumping plant that could furnish water to the Yuma auxiliary project at a cheaper cost than the present water supply furnished by the Yuma project. Therefore, the farmers in the Yuma auxiliary project request that they be allowed to obtain their water from the Gila project.

The Yuma auxiliary project now consists of 6,319 acres. S. 690 proposes to reduce the project area to 3,310 acres, most of which is settled and in cultivation. The distribution system was constructed originally for 3,810 acres, 500 acres of which are unentered lands.

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