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Of the two bills, H. R. 3912 and H. R. 3039, the latter (advancing the effective date to July 1, 1949), is considered the more desirable. In order that H. R. 3039 may accomplish the intended purposes, the following additional amendments should be made to Public Law 810:
Subsection (b) of section 302: Delete the words "the enactment of this Act” and substitute therefor “July 1, 1949”.
Section 303: In the last proviso, delete the words “the date of enactment of this Act” and substitute therefor "July 1, 1949”.
In order to further the morale and interest of the reserve components of the Armed Forces, the Navy Department on behalf of the National Military Establishment, recommends that the bill H. R. 3039 be amended as set forth above and that it be enacted as so amended,
Enactment of the proposed legislation will result in conferring eligibility for retirement pay on an unknown number of reserve personnel; hence, there is no basis for estimating the cost of the enactment of the proposed legislation at this time.
This report has been coordinated within the National Military Establishment in accordance with procedures prescribed by the Secretary of Defense.
The Navy Department has been advised by the Bureau of the Budget that there
G. L. RUSSELL
Judge Advocate General of the Navy.
REMOVAL OF RESTRICTIONS ON LAND CONVEYED TO
JULY 12, 1949.-Committed to the Committee of the Whole House and ordered
to be printed
Mr. RIVERS, from the Committee on Armed Services, submitted the
(To accompany S. 1742)
The Committee on Armed Services, to whom was referred the bill (S. 1742) removing certain restrictions imposed by the act of March 8, 1888, on certain lands authorized by such act to be conveyed to the trustees of Porter Academy, having considered the same, report favorably thereon without amendment and recommend that the bill S. 1742
PURPOSE OF THE BILL
The purpose of this bill is to authorize the Secretary of the Army to release to the trustees of Porter Academy the restriction placed upon certain lands in Charleston, S. C., conveyed to them pursuant to the act of March 8, 1888.
EXPLANATION OF THE BILL
A parcel of pre-Civil War Federal military property located in Charleston, S. C., and known as the United States Arsenal, became surplus to the needs of the Government shortly after the Civil War. In 1880 the property was leased to Rev. A. Toomer Porter, D. D., rector of the Church of the Holy Communion, Charleston. Dr. Porter made improvements on the buildings and transferred to the property the activities of Porter Academy, which had been founded in Charleston during the reconstruction in 1867.
Title to the property was formally transferred to the board of trustees of Porter Academy by act of Congress approved April 7, 1888. This act contained a stipulation that said property shall be dedicated and used for all time for educational purposes and for no other, a restriction placed in the act by the Congress to prevent the property again being converted to military use. The board of trustees has adhered to the restriction for nearly 70 years, and the prospectus of new program adopted by the board on January 25, 1949, plans continued adherence to the traditional plan of the school. The Military Establishment has had no interest in the property since the Civil War; in the meantime the property has been quite extensively improved by Porter Academy throughout the long period of its occupancy.
At the present time the board of trustees of the academy are attempting to modernize and improve the buildings and facilities of the school in an effort to stimulate enrollment. The board has been unable to borrow money on its property because of the restrictive stipulation contained in the deed.
In view of the fact that the Federal Government has had no interest in this property for nearly three-quarters of a century, and that there appears to be no continuing need under modern-day conditions to retain the restrictive stipulation in the deed, it would seem appropriate to remove it, to the end that this very reputable old academy may place its plant in better condition to carry out its work.
The Department of the Army interposes no objection to this bill, as is indicated by copy of the letter from the Under Secretary of the Army to the chairman of the Armed Services Committee, United States Senate, which is made a part of this report.
Hon. MILLARD E. TYDINGS,
United States Senate. DEAR SENATOR TYDINGS: Reference is made to your recent request to the Secretary of Defense for the views of the National Military Establishment with respect to S. 1742, Eighty-first Congress, a bill removing certain restrictions imposed by the act of March 8, 1888, on certain lands authorized by such act to be conveyed to the trustees of Porter Academy. The Secretary of Defense has delegated to this Department the responsibility for expressing the views of the National Military Establishment.
The Department of the Army has no objection to the above-mentioned bill.
The purpose of this bill is to authorize the Secretary of the Army to release to the trustees of Porter Academy the restriction placed upon certain land in Charleston, 8. C., conveyed to them pursuant to the act of March 8, 1888, which provided that the property should be inviolably dedicated to educational purposes and no other and required that the deed of conveyance contain a condition to that effect.
No objection is interposed to this measure since its enactment into law will not adversely affect any activity of the National Military Establishment.
The passage of this measure will not involve the expenditure of any Federal funds.
This report has been coordinated among the departments and boards in the National Military Establishment in accordance with procedures prescribed by the Secretary of Defense.
Inasmuch as the committee has requested that this report be expedited, it is submitted without determination by the Bureau of the Budget as to whether or not it conforms to the program of the President. Sincerely yours,
GORDON GRAY, Under Secretary of the Army.
Although paragraph 2 (a) of rule XIII of the Rules of the House of Representatives does not apply in respect to the proposed bill, there is set forth below for the information of the House of Representatives existing law pertaining to this legislation:
ACT OF MARCH 8, 1888 (25 Stat. 45, CHAPTER 29) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and directed to convey, by deed duly and properly executed to the trustees of the Porter Academy, of Charleston, South Carolina, and to their successors, the property situated in said city, belonging to the Government of the United States, formerly used as an arsenal, now and for the seven years last past used for educational purposes, bounded on the north by Bee street, on the east by Ashley street, on the south by Doughty street, and on the west by President street, said conveyance to embrace a condition that said property shall be inviolably dedicated to educational purposes, and no other.
Sec. 2. That the Secretary of War shall require the said trustees to file an acceptance in the War Department of said property, stipulating that the same shall be dedicated and used for all time for educational purposes, and for no other.