SENATE. 67TH CONGRESS,} { REPORT No. 343. EXCHANGE OF PROPERTY AT CAMP HENRY KNOX, KY. DECEMBER 12, 1921.-Ordered to be printed. Mr. WADSWORTH, from the Committee on Military Affairs, submitted the following REPORT. [To accompany S. 2072.] The Committee on Military Affairs, to which was referred the bill (S. 2072) to authorize the Secretary of War to make and receive conveyances effecting an exchange of title to the railroad rights of way at Camp Henry Knox, Ky., and for other purposes, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The proposed legislation has the approval of the War Department and the United States Railroad Administration and, in fact, is strongly recommended by both these agencies of the Government. The attitude of these departments is set forth in the following letters which are made a part of this report: Hon. JAMES W. WADSWORTH, JR., MAY 25, 1921. Chairman Committee on Military Affairs, United States Senate. MY DEAR SIR: I have the honor to inclose herewith draft of a bill authorizing the Secretary of War to execute and deliver title to the Chicago, St. Louis & New Orleans Railroad Co. for the right of way now occupied by them through Camp Knox, Ky., and to further accept on behalf of the United States deeds of conveyance to the railroad company by the United States of the old right of way to the railroad company, Camp Knox. During the progress of the war and the establishment of this camp, it became highly advantageous to the United States to relocate the right of way of the railroad company at Camp Knox. The mutual relations and obligations of the War Department, of the United States Railroad Administration, and the railroads concerned have been the subject of prolonged negotiations and consideration by the parties which has resulted in a memorandum of argeement between James C. Davis, Director General of Railroads, and the Chicago, St. Louis & New Orleans Railroad Co dated the 23d of May, 1921, which has met with my approval as representing the War Department. A copy of said agreement is inclosed. To consummate the agreement legislation by Congress is necessary. Believing that the proposed settlement is for the benefit of the United States, I have the honor to request legislative sanction to carry the agreement into full effect. Very respectfully, yours, S R-67-2-vol 1- -4 JOHN W. WEEKS, Secretary of War. UNITED STATES RAILROAD ADMINISTRATION, MY DEAR SIR: On behalf of the Director General of Railroads, I wish to join in the request of the Secretary of War, herewith inclosed, for the passage of necessary legisla tion to authorize the exchange of title to right of way to the railroad as relocated inside the Government reservation at Camp Knox, Ky. At the suggestion of Hon. Julius Kahn, chairman Committee on Military Affairs of the House of Representatives, I have drafted a bill conferring authority upon the Secretary of War to consummate this exchange of title which has been submitted to the Secretary of War and is attached to his communication to you on the subject dated May 25, 1921. I beg to advise further that I have requested the railroad to furnish a duplicate of the blue print attached to the original agreements for the information of yourself and your committee. I am expecting these blue prints in the next day or two and will promptly transmit same when received. I trust your committee will cooperate in having this bill enacted with as little delay as possible as it is important to conclude this matter before the end of the fiscal year. With great respect, I have the honor to be, Hon. JAMES W. WADSWORTH, Jr., Chairman Committee on Military Affairs, ALEXANDER W. SMITH, Special Counsel. United States Senate, Washington, D. C. Below is printed a memorandum of the agreement between the Railroad Administration and the Chicago, St. Louis & New Orleans Railroad Co., consummation of which depends upon the passage of the bill herewith reported: This memorandum of agreement is between James C. Davis, Director General of Railroads, appointed by the President of the United States under section 211 of the transportation act, 1920, as the agent of the President for the purpose of adjusting, settling, liquidating, and winding up all matters, questions, and disputes arising out of or incident to Federal control of railroads, hereafter for brevity referred to as director general, party of the first part, and the Chicago, St. Louis & New Orleans Railroad Co., a railroad corporation organized and existing under the laws of the States of Kentucky, Tennessee, and Mississippi, and owning a line of railroad extending from Louisville, Ky., to Memphis, Tenn., and to other points, and the Illinois Central Rrailroad Co., a railroad corporation organized and existing under the laws of the State of Illinois, lessee of all railroad property of the Chicago, St. Louis & New Orleans Railroad Co., and engaged in the operation of said railroad properties, which said Chicago, St. Louis & New Orleans Railroad Co. and Illinois Central Railroad Co. are in this memorandum of agreement hereafter designated collectively as railroad companies, unless specifically otherwise designated, party of the second part, and is to the following effect: Whereas prior to December 28, 1917 (the date when Federal control of railroads began), the said Chicago, St. Louis & New Orleans Railroad Co. owned among other railroad properties a line of railroad extending from Louisville, Ky., to Memphis, Tenn., through the village of Stithton, Ky., which said property was under lease to, and was being operated by, the said Illinois Central Railroad Co.; and Whereas all the property of the railroad companies owned, leased, chartered, or controlled by said railroad companies in conducting their system of transportation, including the said line through Stithton, Ky., were taken possession of by the President of the United States by virtue of his proclamation bearing date of December 26, 1917, and were operated by the President through agents appointed by him until March 1, 1920; and Whereas the Government of the United States, acting through the War Department, located an Army cantonment on the said line of railroad at and near Stithton, Ky., which said cantonment is now in operation under the name of Camp Knox; and Whereas the then Director General of Railroads, as agent of the President in the years 1918 and 1919, constructed at and near Camp Knox certain transportation facilities consisting of tracks, station buildings, and other facilities deemed to be necessary for the proper operation of the said camp; and Whereas in the construction of the said camp it was deemed advisable and necessary for a certain portion of the main line of the railroad companies to be relocated in order better to serve the camp, and particularly to permit the construction of certain underground passageways which would facilitate and make safe the passage of men and materials from one part of said Camp Knox to another part of said camp, which relocation was made by the director general, so that at the present time trains of the railroad companies are operated over a portion of the track in its new or relocated position, upon which said relocated line there now exist certain station buildings, sidetracks, storage tracks, and other facilities necessary for the operation of the station; and Whereas the land upon which said relocated line is situated, together with the said facilities, belongs to the United States Government, and the land formerly occupied by that part of the railroad line which is no longer in use by the railroad companies as a part of their main line is on land belonging to the Chicago, St. Louis & New Orleans Railroad Co., leased to the Illinois Central Railroad Co.; and Whereas title to the land upon which the relocated main line is situated can not be divested from the United States without an act of Congress; and Whereas the land covered by that part of the former main line, the use of which by the railroad companies has been discontinued, can not be legally conveyed to the United States without securing a release of the same from certain mortgages which are liens upon said property; and Whereas the Director General of Railroads and the War Department, representing the United States Government, have reached an agreement with reference to the claim of the director general for reimbursement from the War Department for sums expended in constructing transportation facilities in and about Camp Knox; and Whereas the railroad companies are willing to effect an exchange of property with the United States Government, whereby the railroad companies shall secure title to the land upon which the relocated main line is situated, together with all tracks, structures, buildings, and improvements thereon, in exchanges for the land upon which the main line was formerly situated, together with all tracks, structures, buildings, and improvements thereon, which is no longer in use by the railroad companies; and Whereas the railroad companies are willing to reimburse the director general to the extent, in the amount, and in the manner hereinafter set out for certain sums expended by him in the construction of a railroad on the relocated line, and the construction of station, tracks, and other facilities, it is therefore mutually agreed as follows: First. The director general agrees to procure the execution and delivery to the railroad companies, or to such person or persons as may be by them designated, of such necessary instruments of conveyance as shall be sufficient to convey title to the property appearing on the accompanying blue print, and made a part hereof, colored in carmine tint on such blue print, extending from point "A" to point "B" on said blue print, consisting of land and the railroad located thereon, together with all structures, tracks, embankments, cuts, fills, bridges, and other railroad facilities situated thereon, so the said property may be a part of the main line of the railroad of the railroad companies. This said property is more specifically described as follows: "A tract of land located at Camp Henry Knox in Hardin County, bounded and described as follows: Beginning at the point of intersection of the present westerly right of way line of the Chicago, St. Louis, & New Orleans Railroad Co. with the southerly line of a highway which crosses said railroad under bridge J-29-8, said point being 780 feet northerly from milepost 30, from Louisville, Ky., and running thence westerly along said southerly line 17 feet more or less to a point 50 feet distant westerly from the center line of the main track of said railroad measured at a right angle thereto; thence southerly parallel to the center line of the relocated main track of said railroad and 50 feet westerly therefrom, a distance of 780 feet opposite milepost 30 from Louisville; thence westerly perpendicular to said relocated main track 90 feet; thence southerly parallel to said main track 1,701 feet more or less to the northerly line of the highway which crosses said railroad under bridge J-30-3; thence easterly along the line of said highway 50 feet more or less to a point which is 90 feet distant westerly from the center line of the aforesaid relocated main track measured perpendicularly thereto; thence southerly in a direct line 964 feet to a point which is 50 feet distant westerly from the center line of said relocated track; thence southerly parallel to the center line of said relocated track and 50 feet distant therefrom, 4,457 feet more or less to a point in the westerly line of the present right of way of said railroad about 1,800 feet southerly from milepost 31 from Louisville, Ky.; thence northerly along the westerly line of the present right of way of said railroad 610 feet more or less to a point 50 feet distant easterly from the center line of said relocated main track measured perpendicularly thereto; thence northerly parallel to said center line 3,700 feet; thence easterly at a right angle to said line 50 feet; thence northerly parallel to said center line and 100 feet distant therefrom 1,125 feet; thence westerly perpendicular to said center line 25 feet; thence northerly parallel to said center line 1,861 feet more or less to a point in the westerly line of the present right of way of said railroad; thence northerly along said right of way line 655 feet more or less to the point of beginning. To the end that title to the said property may be vested in the railroad companies, the director general undertakes to secure all needed legislation from Congress. Upon request, the railroad companies will undertake to assist the director general in procuring such legislation in every way within their power. Second. The railroad companies agree, upon the execution and delivery of the conveyance provided for in the next foregoing paragraph, to convey to the United States Government, or to such person or persons as may be designated for the purpose of receiving such conveyance, that part of the railroad company formerly occupied as a part of its main line and not now in use by the railroad companies, extending from "C" to "D" on the said blue print, and colored in yellow tint on the said blue print, more particularly described as follows: "All that part of the original right of way of the Chicago, St. Louis & New Orleans Railroad which lies south of a line drawn parallel to the center line of the relocated main track of said railroad, and 50 feet of distant easterly from said center line, measured perpendicularly thereto, near milepost 30, from Louisville, Ky., and north of a line drawn parallel to said relocated main track, and 50 feet distant easterly from the center line thereof, near a point about 1,600 feet southerly from milepost 31 from Louisville, Ky., said original right of way herein conveyed, consisting of a strip of land 66 feet wide and approximately 7,200 feet long, and also a tract of land 575 feet long, 77 feet wide at the southerly end, 23 feet at the northerly end, lying on the easterly side of the aforesaid 66-foot strip, and being the tract of land acquired by the railroad company from P. A. Jones and wife, recorded in book 20, page 59, in the deed records of Hardin County, Ky." By his signature to this agreement, the Secretary of War, acting on behalf of the Government, does hereby grant a revocable license to the railroad companies to use the heating plant, tank, and wells now located on or near the line of railroad in this section agreed to be conveyed to the United States for the purpose of operating the station facilities for use at Camp Knox, and the further license to use so much of the line in this section agreed to be conveyed to the United States as extends from the point "C" on said blue print to the said station heating plant, tank, and wells, and a license to permit the free use of the said facilities and free access of the railroad companies thereto with their trains and engines so long as said uses are not incompatible with the public interests. To the end that legal title may be vested in the United States Government, the railroad companies agree to secure all necessary releases of the said property from the mortgage or mortgages now covering the same. Third. The railroad companies agree that the director general shall charge to the Illinois Central Railroad Co. as additions and betterments, in connection with the line of railroad extending from "A" to "B," including land, structures, tracks, embankments, cuts, fills, station buildings, passing tracks, house tracks, and all property and railroad facilities shown in the carmine tint on the said blue print, and above specifically described, the sum of $75,000; provided, however, that this sum shall be paid in annual installments, the first being due and payable September 1, 1921, which annual installments shall be equal to 10 per cent of the gross revenue accruing to and retained by the Illinois Central Railroad Co., derived from freight and passenger business moving into and out of Camp Knox. It is further agreed that these payments shall be made annually, and that deferred payments shall not bear interest. If, on March 1, 1930, the entire amount of $75,000 shall not have been paid in the manner above set out, including 10 per cent of said receipts for the final six months period, then any amount at that date remaining unpaid shall be canceled and annulled, and the railroad companies shall be given a full acquittance and discharge of any and all obligations for the payment of any sum in connection with this contract. Fourth. The railroad companies agree to withdraw their claim against the director general or the Railroad Administration or the Government of the United States growing out of the necessity for replacing the temporary subways now in existence under the relocated main line with permanent structures, and agree that the director general and the Railroad Administration shall not be obligated to pay any sum to the railroad companies in connection with such replacement of structures. Fifth. The railroad companies agree to withdraw their claim against the director general and the Railroad Administration and the Government of the United States amounting to approximately $22,000 for restoring the railroad line to its former location. Sixth. It is expressly stipulated and agreed that the obligation of the railroad companies under the third, fourth, and fifth sections of this contract are conditioned upon the carrying out of the provisions of the first and second sections hereof, to the end that the railroad companies will not be bound by the provisions of sections three, four, and five unless they secure a conveyance from the United States Government of the property mentioned in the first section hereof, it being understood that the provisions of the third, fourth, and fifth sections and the provisions of the first and second sections are mutually dependent. Seventh. The director general agrees to secure from the War Department of the United States permission for the railroad companies to use for all legitimate railroad purposes the wye track, subject to reasonable regulations of the commandant of said Camp Knox, shown on the accompanying blue print, and tinted red on the said blue print, which is located on the property of the United States, now in use by the War Department as a part of the Camp Knox facilities. Eighth. The Secretary of War, representing the War Department, joins in this contract for the purpose of giving his consent to the use by the railroad companies as indicated of the said wye track, and as signifying his assent to all the terms hereof in so far as the War Department is interested therein, and by his signature to this contract represents that he has the authority to make the agreement indicated. In witness whereof all the parties hereto have hereunto set their hands and seals this 23d day of May, 1921. JAMES C. DAVIS, Director General. Attest: ALEX. W. SMITH. CHICAGO, ST. Louis & New Orleans Railroad Co. By C. M. KITTLE, Vice President. Attest: BURT A. BECK, Assistant Secretary. Attest: ILLINOIS CENTRAL RAILROAD Co. By C. H. MARKHAM, President. ROBT. A. BECK, Assistant Secretary I, John W. Weeks, Secretary of War, having read the above contract and being familiar with its provisions, hereby represent that, being authorized so to do, I affix my signature as Secretary of War, indicating thereby my consent to the use of the wye track shown on the blue print as set out in said contract, and my consent to a revocable license to the use of the heating plant, tank, and wells and to such use of the line abandoned by the railroad companies as is necessary to serve the heating plant, tank, and wells, and my assent to all provisions of this contract which are of interest to the War Department. J. M. WAINWRIGHT, Assistant Secretary of War. For JOHN W. WEEKS, Dated this 28th day of May, 1921, at Washington, D. C. о Secretary of War. |