Page images
PDF
EPUB

AMEND OYSTER PRODUCTION LOAN ACT OF JUNE 18, 1934

May 10, 1935.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. FULMER, from the Committee on Agriculture, submitted the

following

REPORT

[To accompany H. R. 5527]

The Committee on Agriculture, to whom was referred the bill (H. R. 5527) to amend the act entitled "An act to authorize production-credit associations to make loans to oyster planters”, approved June 18, 1934, having considered the same, report thereon with a recommendation that it do pass.

STATEMENT

The present law (act of June 18, 1934), authorizes production-credit associations organized under the Farm Credit Act of 1933 to make loans to oyster planters who are carrying on their operations under leases of oyster beds granted by any State or political subdivision thereof.

It has been held that the limitation in the present law, limiting loans to oyster planters who are carrying on their operations under leases, prevents similar loans to oystermen who are owners of oyster bottoms in fee simple, or who own franchises on such bottoms. The effect, therefore, was to deny owners and holders of franchises the benefits of the act providing for production-loan credits to oystermen.

There are many oyster planters, particularly in New York, Connecticut, and Massachusetts, who either own their own oyster beds or who operate them under franchises dating from very early times. It is felt that it was entirely an oversight to exclude straightout bwners and holders of franchises from the provisions of the act of June 18, 1934, and it is to correct this discrimination that H. R. 5527 s recommended for enactment.

O

DEFINE ELECTION PROCEDURE UNDER ACT OF JUNE 18,

1934, AND FOR OTHER PURPOSES

May 10, 1935.—Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. ROGERS of Oklahoma, from the Committee on Indian Affairs,

submitted the following

REPORT

[To accompany H. R. 7781)

The Committee on Indian Affairs, to whom was referred the bill (H. R. 7781) to define the election procedure under the act of June 18, 1934, and for other purposes, having considered the same, report thereon with a recommendation that it do pass with the following amendment:

On page 2, line 19, after “1934” insert the following: Nothing in the Act of June 18, 1934, shall be constructed to abrogate or impair any rights guaranteed under any existing treaty with any Indian tribe, where such tribe voted not to exclude itself from the application of said Act.

This bill has the approval of the Department, as will be seen from the following letter from the Secretary of the Interior addressed to Hon. Elmer Thomas relating to an identical bill in the Senate:

DEPARTMENT OF THE INTERIOR,

Washington, D. C., May 1, 1935. Hon. ELMER THOMAS, Chairman Committee on Indian Affairs,

United States Senate. MY DEAR MR. CHAIRMAN: Reference is made to your oral request for a report on S. 2655, which would define the election procedure under the act of June 18, 1934, and for other purposes. I have the honor to submit a favorable report and to suggest the following amendments thereto: In section 1, strike out everything following the words "Provided, however", and insert in lieu thereof the following: "that no future election shall be valid unless the total vote cast is not less than 30 per centum of those entitled to vote".

This will avoid the necessity of further elections in those instances where the referendum has already been held and restrict the requirement of the 30 percent vote to future elections.

It is apparent that some of the tribes which have voted to reject the application of the legislation have realized that a mistake was made by them and might be willing to hold another referendum to change their position and thus receive the

a

benefits of the legislation. To that end I recommend that the following be added to section 2 of the bill: “Until June 18, 1936, any reservation which has cast a majority vote for exclusion may, upon petition signed by 10 per centum of the eligible voters, be given the privilege of a second referendum on the application of the Act to said reservation, the referendum election to be held in the manner set forth in section 18 of the Act of June 18, 1934, as amended by section 1 of this Act”.

Section 4 assures those Indians who have voted to exclude themselves that existing laws and treaty provisions will continue to apply to them. Indians from tribes who voted for the acceptance of the act have requested similar assurance, and since there appears to be nothing in the act of June 18, 1934, which conflicts with or abrogates all existing treaty provisions, I recommend the following amendment to section 4: “Nothing in the Act of June 18, 1934, shall be construed to abrogate or impair any rights guaranteed under any existing treaty with any Indian tribe, where such tribe voted not to exclude itself from the application of said Act”.

In view of the foregoing, I recommend enactment of S. 2655, with the amendments herein suggested. Sincerely yours,

HAROLD L. ICKES,

Secretary of the Interior. The Commissioner of Indian Affairs appeared before the committee and suggested the amendment added to the bill.

[ocr errors][ocr errors][ocr errors]
« PreviousContinue »