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CONTENTS.

Pago.

Statement of Lieut. Col. L. W. Call, Judge Advocate General...

COMMITTEE ON THE JUDICIARY.

HOUSE OF REPRESENTATIVES.

SIXTY-FIFTH CONGRESS.

EDWIN Y. WEBB, North Carolina, Chairman.
CHARLES C. CARLIN, Virginia.

JOSEPH V. FLYNN, New York.
ROBERT Y. THOMAS, JR., Kentucky. ANDREW J. VOLSTEAD, Minnesota.
WILLIAM L. IGOE, Missouri.

JOHN M. NELSON, Wisconsin.
WARREN GARD, Ohio.

DICK T. MORGAN, Oklahoma.
RICHARD S. WHALEY, South Carolina. GEORGE S. GRAHAM, Pennsylvania.
THADDEUS H. CARAWAY, Arkansas. WALTER M. CHANDLER, New York.
M. M. NEELY, West Virginia.

L. C. DYER, Missouri.
HENRY J. STEELE, Pennsylvania.

JOSEPH WALSH, Massachusetts.
J. RANDALL WALKER, Georgia.

CHARLES F. REAVIS, Nebraska.
HATTON W. SUMNERS, Texas.

WALTER W. MAGEE, New York.
A. L. QUICKEL, Clerk.

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TO PROVIDE FOR THE ACQUISITION BY THE UNITED STATES

OF PRIVATE PROPERTY NEEDED FOR THE NATIONAL SE-
CURITY AND DEFENSE.

SERIAL 61.

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COMMITTEE ON THE JUDICIARY,

SUBCOMMITTEE No. 1,
HOUSE OF REPRESENTATIVES,

Friday, April 26, 1918.
: A subcommittee of the Committee on the Judiciary met at 10.30
a. m., with Hon. Warren Gard, presiding, there being present also
Mr. Whaley, Mr. Neely, and Mr. Volstead, of the committee, having
under consideration H. R. 11136.

Mr. GARD. Representatives of the Army are here to tell us regarding H. R. 11136, which is a bill to authorize the acquisition by the United States during the period of the present war of private property of any kind and all kinds, real, personal, and mixed, when needed for the national security and defense or the conduct of the Govern

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ment, to provide a method of such acquisition, and for other purposes, which was introduced by Mr. Dent at the request of the War Department. It has been sent to this committee.

I have asked that these gentlemen come down and explain the matter to us. I haven't gone over the bill, and I would be very glad to have either of you gentlemen or both of you explain the need of the bill and such amendments or changes as you deem advisable. STATEMENT OF LIEUT. COL. L. W. CALL, JUDGE ADVOCATE

GENERAL.

Col. CALL. First speaking of the needs of this legislation with regard to the acquisition of real property for the uses of the War Department-I present the following memorandum:

MARCH 21,

1918 Memorandum for Gen. Crowder. Subject: Legislation for acquisition of real and personal property.

In considering the need of this legislation, it will be convenient to consider the subject first with reference to real property, and second with reference to personal property.

I. AS TO REAL PROPERTY.

1. Section 3736, Reyised Statutes, provides : “ No lands shall be purchased ou account of the United States except under a law authorizing such purchases ;" and section 355, Revised Statutes, prohibits the expenditure of money on lands purchased, i, e., acquired otherwise than by descent, until these conditions are satisfied, viz: (a) The title is approved by the Attorney General, and (b) jurisdiction over such lands is ceded by the State.

2. Under the law as existing at the beginning of the war it was necessary, if lands were to be acquired by the United States, (ll) that express authority be given by Congress for such acquisition; (b) if the lands could not be obtained by purchase, it is also necessary that express authority of Congress be given to acquire them by condemnation ; (c) the approval of the title by the Attorney General; (d) cession of jurisdiction by the State.

3. Prior to war.--Except in special cases, the following statutes may be cited as giving the existing legislation, at the commencement of the war, for the acquisition of land for War Department purposes :

(a) The act of August 18, 1890 (26 Stat., 316), as amended April 28, 1904 (33 Stat., 497), authorizing acquisition of land by purchase or condemnation for sites for works of fortifications and coast defenses, including sufficient land in connection therewith for barracks and quarters for such fortifications.

(b) The act of April 24, 1888 (25 Stat., 94), authorizing acquisition by purchase, condemnation, or donation of land needed for river and harbor improvements for which provision has been made by law.

(c) The act of August 1, 1888 (25 Stat., 357), giving general authority, in cases where the procurement of real estate for publie uses has been authorized by Congress, to acquire same by condemnation.

4. Insufficiency of legislation. It will be manifest that these statutes could not meet the requirements of war conditions for the following reasons:

(a) The limited scope of the authority:

(9) The time necessary to comply with the requirements of sectiou 355, Revised Statutes, supra, and to acquire th property through condemnation proceedings where the same could not be acquired by purchase. :5. Legislation to meet war conditions.- (a) Acts of May 12, 1917 (40 Stat., 42), and June 15, 1917 (40 Stat., 187), authorizing acquisition by purchase, donation, or condemnation of “such land sites throughout the l'nited States as are immediately necessary for the permanent establishment of aviation schools, aviation posts, and experimental aviation stations and proying grounds for the United States Army.”

(b) Act of July 2, 1917 (40 Stat., 241). This act reenacts the provisions of the act of August 18, 1890, supra, covering the acquisition of land for sites for. works of fortifications and coast defenses, broadening the scope of the same to include lands required for military training camps.” It authorizes the acqui

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