HOMESTEAD ENTRY ON FORMER FORT NIOBRARA MILITARY RESERVATION LANDS. JULY 18, 1912.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. ROBINSON, from the Committee on the Public Lands, submitted the following REPORT. [To accompany H. R. 25764.] The Committee on the Public Lands, having had under consideration H. R. 25764, by Mr. Kinkaid of Nebraska, a bill to subject lands of former Fort Niobrara Military Reservation and other lands to homestead entry, beg leave to recommend the adoption of the following amendments: On page 2 of the bill, line 22, strike out the word "lease" and insert in lieu thereof the words "issue patent." On page 2 of the bill, line 22 and line 23, strike out the words "for the term of twenty years, for a reasonable price," and insert in lieu thereof the word "for." At the end of line 24, page 2 of the bill, add the following "upon payment of one dollar and twenty-five cents an acre." On page 3, line 19, strike out the last word on the line, the word "and," and insert in lieu thereof the word "or." Your committee recommend that the said amendments be agreed to, and that the bill as amended do pass. H. R. 22090, on the Union Calendar, and heretofore placed on the Calendar for Unanimous Consent, dealt with the same subject matter as does this bill. When consideration was asked objections were made that the lands being in an abandoned military reservation should be sold at the appraised value. Said bill, H. R. 22090, provided that they should be homesteaded free. It was also provided in said bill, H. R. 22090, that the land now occupied by the State of Nebraska as a State agricultural experimental station should be patented free to the State for that purpose. Objection was made to that, and this bill contemplates a sale to the State at $1.25 an acre. The department had approved the former bill, making the grants free. Under the bill now under consideration, the lands in the former military reservation are to be sold to homesteaders at their appraised value. The committee did not adopt the policy relating to the lands chiefly valuable for waterpower purposes, for the reason that the Secretary of the Interior, under the act of June 25, 1910 (36 Stat., 847), already has that power, and the report of the Secretary of the Interior on this bill recognizes that fact. The amendment suggested by the department relating to the expenses of the appraisal and sale of the reservation was not incorporated by the committee, for the reason that the committee believes the provisions of the bill are adequate and practically equivalent to the recommendation of the department. The primary purpose of the bill is to subject the lands of the abandoned Fort Niobrara Military Reservation, in Nebraska, to homestead entry at the appraised value. Approximately 25,000 acres of other lands not embraced in the abandoned military reservation and of very inferior quality, sandy, and not fertile, are made subject to homestead entry under the enlarged homestead act for Nebraska. The State of Nebraska occupies as a site for a State agricultural experimental station a little over 1,000 acres of lands that are embraced in the military reservation. The experiments conducted by this station are shown to be of value and interest to the general public, and it is thought to be a proper recognition of the public benefits of the institution to grant the lands so occupied at the price of $1.25 an acre. The letters of the Secretary of the Interior relative to the measure are herewith printed. Hon. JOE T. ROBINSON, DEPARTMENT OF THE INTERIOR, Chairman Committee on the Public Lands, House of Representatives. SIR: In reply to your letter of July 16, 1912, transmitting copy of H. R. 25764, entitled "A bill to subject lands of former Fort Niobrara Military Reservation and other lands to homestead entry," I have to submit the following: The lands affected by this bill include the original Fort Niobrara Military Reservation and other lands added thereto by President's order of June 22, 1904, and the entire area, except a tract reserved for an experimental farm, was turned over to this department for disposal under the act of Congress approved July 5, 1884 (23 Stat., 103), by Executive order of August 1, 1911, No. 1389. Owing to proposed and pending legislation designed to provide a method of disposition differing from that prescribed by the act of 1884, and to protect certain existing rights or claims within the former reservation, the lands have not been opened to disposition. H. R. 14001 and 22090, providing a method for the opening of the lands, were introduced August 22, 1911, and March 19, 1912, and reported upon by this department April 16, 1912. H. R. 22090 was amended by your committee, and reported to the House May 15, 1912. The measure now before me, H. R. 25764, differs from the other bills described in that it proposes, instead of permitting their settlement and entry under the homestead law without payment, to require homestead entrymen of certain portions to pay a sum fixed by appraisement in three annual payments, and certain other areas are made subject to disposition under what is known as the Kinkaid Act, approved April 28, 1904 (33 Stat., 547). Instead of granting to the State of Nebraska certain lands occupied by it as an experimental farm, as proposed in H. R. 22090, the present measure authorizes the Secretary of the Interior to lease said tract to the State for a term of 20 years, at a reasonable price. Instead of authorizing the purchase by the city of Valentine, Stephen F. Gilman, and Charles H. Cornell, at $1.25 an acre, it requires said parties to pay a sum fixed by appraisement. This department has no objection to interpose to these features of H. R. 25764, but desires to again call attention to the fact that the Geological Survey reports that both the Niobrara River and Minnechaduza Creek have power possibilities within the reservation. In view of the department H. R. 25764 would not, if enacted, preclude the withdrawal by the President of the United States, under authority contained in act of Congress approved June 25, 1910 (36 Stat., 847), of such tracts as may be found to be valuable for water-power sites, but if any doubt as to the authority for such withdrawal exists the bill should be amended by adding to section 3 thereof the following: "Provided further, That the Secretary of the Interior is authorized, in his discretion, to reserve from sale or disposition any lands chiefly valuable for power purposes, excepting those tracts described in sections two and three hereof." Such an authorization was incorporated in act of Congress approved March 3, 1911 (36 Stat., 1075), authorizing the disposition of the old Fort Spokane Military Reservation. The Commissioner of the General Land Office advises me that the appropriation recommended for the survey, appraisal, and sale of abandoned military reservations for the year 1913 will not be sufficient to pay the compensation of a custodian to care for the buildings on this reservation, and it is suggested that provision be made for the compensation fixed in section 4 of H. R. 25764 by adding to line 6, page 4, after the words "paid from," the following: "the appropriation for the expenses of the survey, appraisal, and sale of abandoned military reservations for the year nineteen hundred and twelve, and should that appropriation be found inadequate, then the balance of the cost shall be paid from the appropriations for the expenses of the survey, appraisal, and sale of abandoned military reservations for the year nineteen hundred and thirteen." It would appear from the records pertaining to H. R. 22090 that the correct name of Stephen H. Gilman, referred to in line 5, page 3, of H. R. 25764, is Stephen F. Gilman. With the modifications suggested, this department has no objection to interpose to the enactment of the measure. Very respectfully, Hon. JOE T. ROBINSON, SAMUEL ADAMS, First Assistant Secretary. DEPARTMENT OF THE INTERIOR, Chairman Committee on the Public Lands, House of Representatives. SIR: I am in receipt, for report thereon, of H. R. 22090, a bill to subject the lands in the former Fort Niobrara Military Reservation in Nebraska to homestead entry. In reply, I have to suggest the following amendments to the bill: Strike out the words "together with" from lines 4 and 5, page 1, and substitute therefor the word "including." Strike out lines 7 and 8, page 3, and insert in lieu thereof the following: “Provided, That the lands described in this section and opened to entry under this act shall not be subject to disposition under sections twenty-three hundred and six and twenty-three hundred and seven of the Revised Statutes of the United States, or other form of scrip or lieu selection, nor shall homestead entries made therefor be subject to commutation." Insert in line 3, page 5, preceding the word "section," the word "school." Amend section 8 of the bill by adding thereto the following: "and the said Secretary is also hereby authorized, in his discretion, to reserve from sale or other disposition any lands chiefly valuable for power purposes, excepting those tracts described in sections 2 to 6 hereof, inclusive." Add to section 9 of the bill the words: "also to the rights of the city of Valentine, Nebraska, acquired under any act of Congress." Section 10 of the bill should be amended by inserting, after the word "act," in line 2 of page 6, the words "including the necessary compensation of the custodian, not exceeding sixty dollars per month," and by inserting, after the word "reservations," in line 4 of page 6, the words "for the year nineteen hundred and twelve, and should that appropriation be found inadequate, then the balance of the cost shall be paid from the appropriation for the expense of the survey, appraisal, and sale of abandoned military reservations for the year nineteen hundred and thirteen." The caption of the bill should also be amended by striking out the words "and other lands." The amendment of lines 4 and 5 is suggested for the reason that the lands described in the following part of section 1 were, by President's order of June 22, 1904, added to the Fort Niobrara Military Reservation, and whether or not same are legally and technically a part of the military reservation they should not be distinguished or treated separately from the lands originally reserved, both being disposed of under the terms of this measure in the same manner and subject to the same limitations and conditions. An attempt to draw a distinction between the lands included within or attached to the reservation at different times will be confusing and is unnecessary in view of the proposed method of disposition. The amendment suggested to lines 7 and 8, page 3, is for the purpose of making the intent thereof clear and to prohibit disposition of any of the lands through the filing of soldiers' additional homestead or other forms of scrip or selections. The amendment to section 8 is suggested for the reason that the department is advised by the Geological Survey that both the Niobrara River and Minnechaduza Creek have power possibilities, and it is suggested that the Secretary of the Interior be given discretion to reserve from other disposition such sites as he may find to be chiefly valuable for that purpose. The proposed amendment of section 10 is believed to be necessary and desirable because the buildings described in section 8 are not to be sold for at least a year, and should the surrounding lands be opened there will be need of a good custodian to care for and preserve the buildings, which are quite valuable. The compensation of the use of a house and garden, the usual one accorded custodians of abandoned military reservations, will not be sufficient in this case, in the opinion of the department, to secure a capable man. It is probable that the reservation will not be opened during the present fiscal year, and the appropriation for the survey, appraisal, and sale of abandoned military reservations recommended for the year 1913 will not be sufficient for this purpose in addition to other expenses, but by using the balance on hand of the existing appropriation it is believed that there will be no shortage. With reference to section 4 I have to advise that the records of this department do not show what right or claim Mr. Gilman has to the lands described. However, in the papers submitted by Mr. Kinkaid it appears that Stephen F. Gilman is the owner in fee of the SW. SW. sec. 30, T. 34 N., R. 27 W., which tract was included in a preemption claim perfected by another person. It is stated that Mr. Gilman is the head of a corporation which uses the land for a flour mill, operated by power generated at a dam erected on Minnechaduza Creek, Nebr. This dam appears to be located on the north portion of the private land and about 50 feet of the northerly end thereof extends into the NW. SW. sec. 30, which is within the limits of the military reservation, and is excluded by section 3 from the part which it is proposed to sell to said village and which section 4 proposes to permit Mr. Gilman to acquire. Section 5 of the bill proposes to authorize Charles H. Cornell to purchase for $1.25 per acre lot 4, sec. 22, and lot 1, sec. 27, T. 34 N., R. 27 W. The lands border on the Niobrara River, and on the opposite side of the river are lots 2 and 3, NW. † NW. † sec. 27, and NE. NE. sec. 28, which were patented to Mr. Cornell under homestead entry made May 18, 1882. Section 9 provides that the disposition of the military reservation shall be subject to the rights acquired by Charles H. Cornell, presumably the same person, under acts of Congress approved June 18, 1906 (34 Stat., 297), and February 18, 1911 (36 Stat., 920). Under said laws the said party is allowed until February 18, 1916, within which to construct a dam across Niobrara River on the military reservation mentioned and to construct and operate a trolley or electric railway line and telephone and telegraph lines across said reservation, the privileges, by act of 1911, to be subject to revocation by order of the Secretary of War. It is stated in letter of Mr. Kinkaid to this department that the lands desired by Mr. Cornell are for use in connection with the proposed dam across the Niobrara River, which will abut against one of the subdivisions described in said section 5. This department has no further information relative to this matter. If the bill be amended in accordance with the foregoing suggestions, I have no objection to its enactment. The foregoing renders separate report upon H. R. 14001, having a similar object in view, unnecessary. Very respectfully, SAMUEL ADAMS, First Assistant Secretary. O FOURTH INTERNATIONAL CONGRESS ON SCHOOL HYGIENE. JULY 18, 1912.-Referred to the House Calendar and ordered to be printed. Mr. SULZER, from the Committee on Foreign Affairs, submitted the following REPORT. [To accompany H. J. Res. 327.] The Committee on Foreign Affairs, to whom was referred the joint resolution (H. J. Res. 327) requesting the President of the United States to direct the Secretary of State to issue invitations to foreign Governments to participate in the Fourth International Congress on School Hygiene, having had the same under consideration, recommends that the resolution be adopted without amendment. O |