be constructed by the Corps of Engineers; that is correct, is it not? Colonel PRESTON. That is correct, sir. Mr. BALDWIN. Now I realize since the Corps of Engineers is a part of the administrative agencies of the Government that you are more or less bound to go along with the policy that may be established by the White House or the Bureau of the Budget. So I will state what my opinion is of this recommendation. I do not think this recommendation originated in the Corps of Engineers at all. I think it originated in the Bureau of the Budget or the Department of the Interior. And I do not think that it makes good sense to have Congress authorize a delay in a project that was all set to go ahead. Furthermore, I do not think it is proper for Congress to pass this responsibility on to the executive branch of the Government and just relinquish our authority and say to the executive branch of the Government that anytime from 1 to 5 years from now that you make a decision, we have relinquished all power. In my opinion, our committee should carry out the responsibilities assigned to us, to the legislative branch of the Government. Since this is a favorable project from a benefit-cost standpoint, we should authorize this project to be carried out, and that both reservoirs should be constructed by the Corps of Engineers. If we make such an authorization, that both reservoirs be constructed by the Corps of Engineers, is there any reason why the Corps of Engineers could not then carry out the responsibilities assigned to it to build the project? Colonel PRESTON. No, sir. Mr. BALDWIN. Thank you. Mr. ROBERTS. Thank you, Colonel. H.R. 8404 (PAT MAYSE RESERVOIR, TEX.) Mr. ROBERTS. The next project is H.R. 8404 (Pat Mayse Reservoir, in Texas). Our distinguished dean of the Texas delegation was scheduled to testify, but he is holding hearings in Banking and Currency this morning, and his assistant, Mr. Schacklette will present my distinguished friend, Judge Lester Crutchfield of Lamar County. Mr. Schacklette? (H.R. 8404 follows:) [H.R. 8404, 89th Cong., 1st sess.] A BILL To provide for a highway crossing at Pat Mayse Reservoir, Texas Be it enacted by the Senate of House of Representatives of the United States of America in Congress assembled, That the project for Sanders, Big Pine, and Collier Creeks, Texas, as authorized in the Act of October 23, 1962 (76 Stat. 1187), is hereby modified in order to provide for a highway crossing Pat Mayse Reservoir to replace the present FM Highway 1499 across Sanders Creek, at an estimated cost of $310,000. Such crossing shall be constructed under the direction of the Secretary of the Army and the supervision of the Chief of Engineers in accordance with such plans as may be recommended by the Chief of Engineers. STATEMENT ON BEHALF OF HON. WRIGHT PATMAN, A REPRESENSATIVE IN CONGRESS FROM THE STATE OF TEXAS BY ASSISTANT BARON T. SHACKLETTE; ACCOMPANIED BY LESTER CRUTCHFIELD, JUDGE OF LAMAR COUNTY, TEX. Mr. SCHACKLETTE. Mr. Patman is sorry he could not be here, Mr. Chairman. He has a meeting in the Banking and Currency Committee. And Judge Crutchfield has flown up here to answer the questions of this committee. Mr. Patman has a statement to submit. Mr. ROBERTS. Without objection, the statement of Mr. Patman will be filed at this point in the record. (The statement of Mr. Patman follows:) TESTIMONY OF HON. WRIGHT PATMAN, MEMBER OF CONGRESS FROM TEXAS Mr. Chairman, the Public Works Committee of the House has already benefited the residents of Paris in Lamar County, Tex., and the surrounding area, to an inestimable degree by authorizing Pat Mayse Reservoir, a flood control and water supply project in northeast Texas. I cannot emphasize too much what this has meant in terms of new industry and new jobs and total redevelopment impact. The $25 million Campbell Soup plant at Paris with its 1,500 employees and its $25 million per year purchases of foodstuffs, is an outstanding example of this impact. It is therefore not in a spirit of ingratitude that I request the consideration of this subcommittee for H.R. 8404, which would authorize an additional cost of $310,000 for a road across the reservoir, but in response to the real need of Lamar County residents, and because someplace along the line a terrible inequity has occurred. The completed Pat Mayse Reservoir will be, as I have said, a wonderful thing for the area, but as presently planned without the crossing in question it will have the effect of placing an economic and cultural barrier between the communities caught between the reservoir and the Red River. To reach the county seat and principal trading center at Paris, Tex., people in this area must travel a circuitous route of about 20 extra miles. Isolated communities include Garretts Bluff, Belk, East Post Oak, Davis, Ragtown, Razor, Forest Grove, and Forest Chapel. There are also school commuting and health servicing problems. This portion of the county was originally isolated by formation of Camp Maxey, but in wartime everyone must accommodate to the overall needs of our armed services. But even then a graveled service road was utilized to cross Camp Maxey, now to be abandoned. The State of Texas has agreed to build a farm-to-market road known as No. 1499, which will answer all our needs, but it will not be built if the Federal Government does not provide a bridge and causeway less than one-half mile in length across the west end of the new Pat Mayse Reservoir. I have also said that an inequity occurred, and this goes back to 1953 when the Federal Government got around to the job of reimbursing Lamar County for the bridges and structures that were demolished in the making of Camp Maxey. The official judgment in the U.S. district court indicates that Lamar County relinquished its rights-of-way to the Camp Maxey roads; however, it would appear that the sum of $18,000 which the Government paid to Lamar County was in settlement of a claim in the amount of $76,860, and this figure was only the total claim for damages to 18 bridges and culverts, some of them outside of the Camp Maxey area. At no time did the Lamar County files indicate that a rightof-way was being relinquished to the Government. Thank you, indeed, for allowing me to appear before this subcommittee. With me today is Judge Lester Crutchfield of Paris, Tex., who has detailed information about this situation. He flew in from Texas yesterday evening for the sole purpose of answering your questions. I have also been asked to convey to this subcommittee the personal thanks and appreciation of many thousands of people in northeast Texas. Mr. Walter Bassano, publisher of the Paris News, telephoned me last night to ask that I express this community sentiment. SUPPLEMENTAL STATEMENT OF HON. WRIGHT PATMAN MEMBER OF CONGRESS FROM TEXAS Mr. Chairman, after submitting my prepared statement of this morning and in view of the answers elicited by subcommittee questioning, it appeared advisable to develop some further information as soon as possible. Judge Lester Crutchfield, who was also a witness at this morning's hearings, has shown me an excerpt from the Lamar County commissioners court record, dated August 8, 1949, which indicated that the then county judge had made application for and received from the War Assets Administration a 100-footwide right-of-way for the road in question, described therein as "Garrets Bluff Road No. 3, extending from gate No. 18 on the south to gate No. 15 on the north," through the Camp Maxey Reservation, to be used and maintained as a county public road. A photostat copy of this entry is attached. This is a probable explanation for the fact that the county actually has maintained this road since 1949, a situation which seemed puzzling to the subcommittee at the hearing and which the Corps of Engineers representative could not explain. By reference to an old map of Camp Maxey in Judge Crutchfield's possession, it was further ascertained that the Garrets Bluff Road No. 3 as described herein coincides with part of the road now proposed for FM 1499. Judge Crutchfield informed me that in his discussions with the Corps of Engineers personnel at Tulsa, Okla., they said they had no record of, nor could they find a record which would show that these Camp Maxey roads had in fact been returned to the county. But the Corps of Engineers had stopped their title search with the 1953 sitpulation, not realizing apparently that this stipulation, although entered into in 1953, had reference to condemnation proceedings at an earlier date, prior to 1949. This then would leave the 1949 county court entry as the last written evidence available at this time regarding the ownership of road in question. It was then ascertained that the individual who personally handled and was responsible for government action returning these roads to the county is Mr. C. Jack Cowart, who was at that time Director of the Utilization and Disposal Division of the War Assets Administration, and is still employed by the General Services Administration in Dallas. Mr. Cowart stated over the telephone this afternoon that he has a good personal recollection that all of the roads in Camp Maxey were conveyed back to the county, and he has no reason to believe that any exception was made. Mr. Cowart has agreed to search the records in the repository at Forth Worth in an attempt to locate pertinent documents. He stated further that it was left to the county to record the transfers and that the county may have failed to do so. It appears to me therefore that this places an entirely new complexion upon this matter, that the county and not the Federal Government owns the fee to the roadway in question, and is therefore under an obligation to take further affirmative action. It would appear that the present best remedy to the situation now disclosed is contained in this bill, H.R. 8404. Also submitted herewith is a statement supporting the figure of $76,860 mentioned in this morning's testimony. May I express again, on behalf of my constituents and myself, our deep feeling of gratitude for the work of this subcommittee which has so greatly benefited my entire section of the State of Texas. -0 BE IT REMEMDONE0 dhat a Regular Torm of the Commissiodors' Court of Lamar County, Texas, was begun and holden within and for the County and State aforesaid, at the Courthouse thereof, in the City of Paris, on the 6th day of August, 1949, the Honorable T. E. Jack Springar; County Judge; present and presiding, attoaded by Commissioner Precinct No. 1, Bedford E. Booth, Commissioner, Precinct No. 2, Tullus 8. Porry, Commissioner Precipes No. 3, D. S. Vanderburg, and Commissioner Precinct No. 4, H. H. Phillips, all of said County and State, and the fading proceedings were had, to-wits On motion dily made, seconded and unanimously adopted, it is ordered that the County Judga mada pation for and received from the War Assets a 100 feet wide right-of-way for the following roads through the Camp Kaxey reservation, such roads to be used and maintained as public County Roads, TC-/IT: (a) (b) (a) Goolsby Road, extending from gate No. 20 on the South of the Camp area to gate No. 12 on the Northj The concreta paved "U" extending through the industrial and Barrack area of the Camp from the point (e) Maxey Road from U. S. Highway no. 271 7est to the point whers it intersects the Southwest end of the concrete "U", mentioned in (4) above. (3) (g) (2) The concrete paved road extending from U. 3. Highway No. 271 from gate 5 West to the concrete paved mentioned in (4) above. Access Road, extending from the point where 23rd Street intersects the concrete paved "U", fosterly e across Coolsby "oad to the intersection of Access Road with the Garretts Bluff Road No. 3. Cn motion duly made, seconded and unanimously adopted, it is ordered that all claims against Lamis County for the month July, 1949, as audited, approved and presented by the County Auditor, bo, and the game are hereby approved and ordered paid out of available County funds. (3) On motion duly made, seconded and unanimously adopted, it is ordered that the low bid of Scott. Bachinery Co., bɔing in the net amount of $9,550 plus old county truck for the delivery of a 100 h. p. moter grader to Comalssioner Porry, Precinct two, be, and the same is hereby, declared to be the lowest and best bid and the same is hereby accepted, and County Judge T. E. Jack Springer is authorised and declared to make, execute and deliver to said bidder the promisory note of Lamar County, Payable to the order of said Scott Lachinery Company on or before December 30, 1949, said note to bare no Interest to date of maturity. (4) On motion duly made, seconded and unanimously adopted, it is ordered that the purposed Annual Budget of Lamar County be set for public hearing at 10 A. . August 29, 1949, in the County Court Room of the Court Room of the Court House at Paris in Lamar County, Texas. (5) On motion duly made, seconded and unanimously adopted, it is ordered that the bid of W. W. Booth for the construction of sixty metal voting boxes at $3.00 each be, and the same is hereby accepted. PASSED AMO APPROVED, this 8th day of August, 1949. 208-foot timber culvert, at $30 per foot (Boggy Rd.) Total____ 6, 240.00 4,800.00 1,860.00 9, 420, 00 5,040.00 2,760.00 1,260.00 6, 660.00 3,600.00 960.00 2,280.00 3,600.00 8,760.00 5, 160.00 7,200.00 840.00 70, 440. 00 Precinct No. 4- Precinct No. 3 RECAPITULATION 6,420.00 70, 440. 00 Total__ 76, 860. 00 Mr. ROBERTS. I think in this case we would ask Colonel Kristoferson to testify first, so that then Judge Crutchfield can answer questions. You both stay there at the table, please. Colonel KRISTOFERSON. Thank you, Mr. Chairman. STATEMENT OF LT. COL. R. S. KRISTOFERSON-Resumed Colonel KRISTOFERSON. Mr. Chairman and gentlemen of the commitee, H.R. 8404 concerns a road relocation problem at Pat Mayse Reservoir, Tex. It would provide for relocation of farm to market Highway 1499 across Sanders Creek at an estimated Federal cost of $310,000. Farm to market Highway 1499 was taken in condemnation by the Federal Government during World War II as part of the land necessary to establish and operate Camp Maxey. The total taking included fee simple title to county roads and highways located within the reservation. Use of the roads was denied to the public during the war. Apparently, no payment was made for construction of substitute roads to replace those taken. In about 1950, the Government started to dispose of lands at Camp Maxey by sale and lease, both to private individuals and agencies of local government. The new owners, lessees, and general public have consistently used the former county roads since that time. Lamar County has maintained and improved the roads since they were reopened. No change in title has occurred. No easement or permit has been granted. The county has not acquired any title to the roads by adverse possession. In 1953 the county filed, and has been paid for, a claim based on the premise that the Government owed a sum of money for taking and depriving it of the use of roads in the Camp Maxey area. The county today maintains that this payment was only for the loss of use of the roads during the war and was not in extinguishment of its total rights. Use, maintenance, and improvement of the roads has continued since payment of the claim. The using public considers these roads to be part of the public road system. Construction of Pat Mayse will require relocation of about 0.8 mile of farm to market Highway 1499. Relocation would consist of a new 360-foot bridge and raising and strightening the remainder of the road within the reservoir, at an estimated cost of $310,000. The Chief of Engineers considers there is no legal obligation to relocate the road. However, in view of the unusual circumstances, he would not object to enactment of H.R. 8404 if the Secretary of the Army were authorized to transfer the title and interest in the highway to local interests after completion of the relocation. The Bureau of the Budget has not had the opportunity to review this report prior to its submission to Congress. The Bureau of the |