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Concimuss,

CERTAIN LANDS ISSUED TO THE TOWN OF DUCHESNE, UTAH.

APRIL 13, 1916.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

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

REPORT.

[To accompany S. 36.]

The Committee on the Public Lands, to which was referred the bill (S. 36) to authorize the Secretary of the Interior to issue patents for certain lands to the town of Duchesne, Utah, having had the same under consideration, begs leave to recommend that it do pass.

Amend by inserting after the word "purposes," in line 7, the words "upon the payment of $1.25 per acre."

This bill proposes to authorize the Secretary of the Interior to issue patents for certain lands to be used for cemetery purposes by the town of Duchesne. The town site of Duchesne was created under the act of May 27, 1902 (Stat., 32, 245-263), as amended by the act of March 3, 1905 (33 Stat., 1069). The act of May 27, 1902, restored the land in question to the public domain, but provided that the money received from its sale should go to the Indians of the Uintah Reservation, of which the land had been a part. The land desired to be appropriated by the town of Duchesne under this bill adjoins the town site and appears from the records to be unappropriated land. The bill as unamended sought to authorize the issuance of patents without fixing any compensation therefor.

The Secretary of the Interior, however, in his report stated that in similar cases it had been the rule to charge $1.25 an acre for such lands to be used for cemetery purposes, and he recommended that such a charge be fixed in this bill. Accordingly the bill has been so amended as to incorporate into its provisions this feature.

The letter of the Secretary of the Interior to Senator Myers, of the Senate Public Lands Committee, accompanies this report.

DEPARTMENT OF THE INTERIOR,
Washington, January 21, 1916.

Hon. HENRY L. MYERS,

Chairman Committee on Public Lands,

United States Senate.

MY DEAR SENATOR: I am in receipt, for report, of S. 36, a bill "To authorize the Secretary of the Interior to issue patents for certain lands to the town of Duchesne, Utah," and in response thereto I have the honor to submit the following:

The town site of Duchesne was created under the act of May 27, 1902 (32 Stat., 245, 263), as amended by the act of March 3, 1905 (33 Stat., 1069). Said act of May 27, 1902, restored the land to the public domain, the proceeds to go to the Indians of the Uintah Indian Reservation, in which the land mentioned in the bill is situated. Said land adjoins the town site and appears to be unappropriated land. The bill proposes to authorize the issuance of patent to the town for the land for cemetery purposes and without fixing any compensation therefor.

The act of September 30, 1890 (26 Stat., 502), authorizes incorporated cities and towns to purchase for cemetery and park purposes public lands not reserved for public use, such lands to be within 3 miles of such cities or towns; and the act of March 1, 1907 (34 Stats., 1052), authorizes the sale of unappropriated nonmineral public lands "to any religious or fraternal association, or private corporation, empowered by the laws under which such corporation or association is organized or incorporated to hold real estate for cemetery purposes," at not less than $1.25 per acre. It appears, therefore, that all legislation for cemetery purposes heretofore enacted requires the payment of a purchase price; and, inasmuch as the proceeds to be derived from the sale of the land are to go to the Indians on said reservation, I recommend that the bill be amended by inserting, after the word "purposes," in line 7, the words "upon the payment of $1.25 per acre." When so amended I see no objection to the enactment of the proposed legislation.

Cordially, yours,

FRANKLIN K. LANE, Secretary.

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CONGRESS,

GRANTING EXTENSION OF

PATENT DESIGN TO

UNITED DAUGHTERS OF THE CONFEDERACY.

APRIL 13, 1916.-Referred to the House Calendar and ordered to be printed.

Mr. OGLESBY, from the Committee on Patents, submitted the following

REPORT.

[To accompany H. R. 12481.]

The Committee on Patents, to whom was referred H. R. 12481, respectfully report that they have had the same under consideration, and that the bill be amended as hereinafter set forth, and, as so amended, that the bill do pass.

Amend by striking out all of the words after the enacting clause and inserting in lieu thereof the following:

That a certain design patent issued by the United States Patent Office of date November eighth, eighteen hundred and ninety-eight, being patent numbered twenty-nine thousand six hundred and eleven, is hereby renewed and extended for a period of fourteen years from and after the passage of this act, with all the rights and privileges pertaining to the same as of the original patent, being generally known as the insignia of the United Daughters of the Confederacy. The purpose of this bill is to secure for the incorporated association known as the United Daughters of the Confederacy the exclusive right to use the insignia or badge adopted by them and upon which they obtained a design patent in 1898, said patent now having expired. The purpose of securing this protection is not commercial but in order to enable the association to prevent the manufacture, sale, and use of the insignia except with the consent of the association. Under the rules and regulations of the association members, even, are not allowed to wear this badge until they obtain a permit issued by the proper officers of the association.

The design patent having expired, there is no way the desired protection can be secured other than by act of Congress.

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