understood, however, that there was no obligation on the part of the Government to reach agreements with the city's lessors, since the United States is a sublessee rather than an assignee, with no privity of contract with the city's lessors. While quite a few settlements have been made, difficulties have been encountered in such negotiations because it has been determined by qualified appraisers that, in many cases, the value of the property has been enhanced, rather than decreased, by reason of the Government's use and occupancy and, under these circumstances, the Department did not believe that it would be justified in performing any restoration or making any payment in lieu thereof. This decision was based upon the view that the better and more modern rule established by the courts as to the measure of damages in cases of this nature is the difference between the value of the land at the time it was delivered into the possession of the lessee and its value at the time of its return to the possession of the lessor.

While this Department ordinarily would not favor the enactment of legislation conferring jurisdiction on the courts to hear and determine claims against the United States made by persons who are not in priority with the United States, it is believed that the circumstances present in this case justify a judicial determination as to the proper measure and amount of damages, if any, to which the real parties in interest, the owners in fee simple of the leased lands, are entitled. However, there does not appear to be any reason why such a determination should be made in an action which is based upon the fictitious assumption that the city of Macon is "the owner in fee of the properties and facilities leased." It is believed that the interests of justice would be best served if the real owners of the claims were the parties plaintiff. Accordingly, the Department would have no objection to the enactment of this bill if it should be amended to read as follows:

"A BILL To confer jurisdiction upon the District Court of the United States for the Middle District of Georgia to hear, determine, and render judgment on the claims of the owners in fee simple of the land leased to the United States by the city of Macon, Georgia, for use as a part of the site of Camp Wheeler, Georgia.

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the District Court of the United States for the Middle District of Georgia to hear, determine, and render judgment upon the claims of the owners in fee simple of the land leased by them to the city of Macon, Georgia, and subleased by the said city to the United States for use by the Army as a part of the site of Camp Wheeler, Georgia, for damages for the breach, if any, of their respective leases to the city of Macon: Provided, That in the determination of such claims the damages allowed, if any, shall be limited to the amounts to which such fee owners would have been entitled under the terms and provisions of their said leases to the city of Macon: And provided further, That this Act shall be construed only to waive the lack of privity of contract between the United States and the said fee owners and not otherwise to affect any rights of the parties.

"SEC. 2. Proceedings for the determination of these claims shall be had in the same manner as in cases against the United States of which the district courts of the United States have jurisdiction under the provisions of paragraph Twentieth of section 24 of the Judicial Code, as amended, but the monetary limit which is applicable in such cases shall not be applicable in the determination of these claims: Provided, That all suits hereunder shall be instituted within one year after the enactment of this Act."

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

KENNETH C. ROYALL,
Secretary of the Army.

HALL & BLOCH,

Macon, Ga., April 27, 1948.

Re H. R. 4663.

Hon. CARL VINSON,

Member of Congress, Washington, D. C.

DEAR MR. VINSON: We acknowledge receipt of your letter of April 22, to C. J. Bloch, with which you enclosed a copy of the report made on this bill to Hon. Earl C. Michener by the Secretary of the Army.

The facts recited in the report are substantially correct insofar as they relate to the circumstances and manner by which the Camp Wheeler site was made available for Government use.

Some additional recitals are, however, necessary to illustrate the necessity of the amendments suggested herein to the form of bill approved in the report mentioned. In the first place, it will be noticed that the form of bill approved by the Secretary of the Army gives a right of action solely to "owners in fee simple" of leased lands and permits to them the right to recover damages for breaches "of their respective leases to the city of Macon."

In its acquisition of the Camp Wheeler site, officials of the city of Macon sometimes found that it was impossible to lease needed lands, and in those instances purchased the land and included such lands in its lease to the United States. We think, therefore, that the suggested form of bill should be amended to give to the city of Macon a right of action for damages to such lands.

In other instances, and particularly the maneuver area of Camp Wheeler which embraced lands upon which there were kaolin clay deposits, the city had frequently to deal not only with the owner of the fee simple title, but also with clayprocessing companies who held long-term lease rights to the clay deposits. We, therefore, think that a right of action should be extended to "leasehold owners' as well as to "fee simple" owners.

Under the terms of both the leases to the city and the city's lease to the United States, claims for damage arise out of the so-called restoration clause. A condition for invoking the restoration clause is the giving of notice by the lessor to the lessee 120 days in advance of the termination of the lease. The city of Macon gave such notice to the United States, but there are undoubtdly some instances where such notice was not given by the immediate lessor of the city. Since the bill approved by the Secretary of the Army provides that the claimant proceed under the terms of his lease with the city, we think the bill should be amended so that the technical lack of such restoration notice by the claimant to the city shall not defeat a meritorious claim. These people were relying upon the city to protect their interests and the city did give notice of restoration to the Government. Finally, since the bill, as submitted by the city of Macon, contemplated that all claims would be advanced by it in one and the same suit, there might be some confusion in the minds of Government attorneys whether the bill substituted by the Secretary did not intend the same thing. We, therefore, think that the bill should be amended to clearly show that the right to sue is granted severally and not jointly to the claimants.

To summarize, we believe that the form of bill suggested by Hon. Kenneth C. Royall should be amended so as to accomplish the following:

1.

right of action to the city of Macon for lands in its ownership and leased directly to the United States;

2. A right of action to "leasehold" owners as well as to "fee simple" owners; 3. Waiver of the "restoration" notice as between the city of Macon and its lessors;

4. Rights of action "severally" to the several claimants.

In keeping with the amendments suggested herein, we have redrawn the form of bill suggested by the Secretary of the Army and enclose it herewith.

We do not believe we can add anything to your knowledge of the reasons why this bill should have the endorsement of the United States.

As you know, and as illustrated by your conversation with several of the writers, no section of the country surpassed the desire of this section to contribute to the war effort of our country. Without cost to the Government, the city of Macon and Bibb County gave to the United States sites for Camp Wheeler, Herbert Smart Airport, Cochran Field, naval ordnance plant, and Warner Robins Air Matériel Command.

It is true that our section and its people profited materially from having these installations in its midst, but the desire to obtain them was also well leavened with a sense of patriotism.

Having acted as the medium for making these properties available to the United States, officials of the city and county feel a sense of responsibility in seeing that the people from whom the properties were obtained, are fairly treated and by judicial processes within their financial means, i. e., judgment on their claims by a local court.

The administrative processes of the Government have proved inadequate in this situation. We know the magnitude of the work that confronts these agencies, but, since over 2 years have elapsed since Camp Wheeler was declared surplus to the needs of the War Department, we do not believe that these claimants should be called upon to wait indefinitely, when procedure, fair to both parties, can be provided by this bill.

Furthermore, it is our understanding that the Court of Claims is far behind in its work and that, even though the claimants were able to bear the expense of

bringing the witnesses (all of whom are local) to Washington or some other designated place of hearing, it would be years before a decision on the claims could be expected.

We ask that you be good enough to take up with the Committee on the Judiciary and others in authority, the changes to the bill form herein suggested and that, if consistent, you urge the adoption of the bill in the form enclosed herewith. Returned herewith is your copy of the report made by the Secretary of the Army to Mr. Michener.

With best personal wishes and highest regards,

Sincerely,

80TH CONGRESS 2d Session

}

SENATE

{

REPORT No. 1550

ESTABLISHING THE SARATOGA NATIONAL HISTORICAL PARK, IN THE STATE OF NEW YORK, FROM THE LANDS THAT HAVE BEEN ACQUIRED BY THE FEDERAL GOVERNMENT FOR THAT PURPOSE PURSUANT TO THE ACT OF JUNE 1, 1938 (52 STAT. 608)

JUNE 8 (legislative day, JUNE 1), 1948.-Ordered to be printed

Mr. BUTLER, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany H. R. 5822

The Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 5822), to establish the Saratoga National Historical Park, in the State of New York, from the lands that have been acquired by the Federal Government for that purpose pursuant to the act of June 1, 1938 (52 Stat. 608), and for other purposes, having considered the same, report favorably thereon without amendment and with the recommendation that the bill do pass.

The purpose of this bill is to permit immediate establishment of the Saratoga National Historical Park in the State of New York.

The park was authorized in the Saratoga National Historical Park Act of June 1, 1938. The Federal Government now has acquired through donation and by purchase 1,865 acres of land within the area of the Saratoga battlefield.

The act of June 1, 1938, required that the Federal Government secure "all" of the lands and property within the designated park area before giving it the status of an established park. The Department of the Interior, however, has found it impossible to acquire all of the designated area with the funds made available for that purpose. The Department believes that the land already acquired, however, is sufficient for the initial establishment of the park, and requests congressional approval be given therefor.

This bill authorizes the Secretary of the Interior to accept the General Philip Schuyler mansion property and surrounding lands. The Schuyler property is of marked historical significance and its present owners have offered to donate it to the Federal Government. Further detailed information regarding this project is carried in the favorable report of the Interior Department to the chairman of the

House Committee on Public Lands, under date of April 5, 1948, which report is hereinbelow set forth in full and made a part of this report.

UNITED STATES DEPARTMENT OF THE INTERIOR,
Washington 25, D. C., April 5, 1948.

Hon. RICHARD J. WELCH,
Chairman. Committee on Public Lands,

House of Representatives.

MY DEAR MR. WELCH: Your committee has requested a report on H. R. 5822, entitled "A bill to establish the Saratoga National Historical Park, in the State of New York, from the lands that have been acquired by the Federal Government for that purpose pursuant to the Act of June 1, 1938 (52 Stat. 608), and for other purposes.

We recommend that H. R. 5822 be enacted.

The main purpose of this proposed legislation is to permit immediate establishment of the park. Section 1 of the Saratoga National Historical Park Act of June 1, 1938, requires the acquisition by the Federal Government of "all" of the lands and property within the designated park area before it acquires the status of an established park. We find, however, that the acquisition of all of the designated area is impossible with the funds that have been made available for that purpose. We have acquired through donation by the State of New York, and by purchase, 1,865 acres of land within the area of the Saratoga battlefield. This is sufficient in our opinion for the initial establishment of the park.

In addition, the bill would permit acceptance of the General Philip Schuyler mansion property and additional lands to complete the park. The Schuyler property is of historical significance because Gen. Philip Schuyler was in command of the American forces during the greater part of the British invasion from Canada under General Burgoyne in 1777. The original Schuyler home was destroyed during the invasion, and the present structure was built immediately following the surrender of Burgoyne. American troops aided in the construction of the mansion. Lumber for it was sawed at Schuyler's mill, about a mile southwest of the house site. During 1778, General Schuyler moved his family back to the new house at Schuylerville. In June of 1782, George Washington, accompanied by Governor Clinton, visited the scene of the Battle of Saratoga and lodged that night at the Schuyler house. In 1783, he again visited the Schuyler house, accompanied by Governor Clinton and Alexander Hamilton. Consequently, we believe that the structure, which is so closely associated with General Schuyler and the American Revolution, should be preserved. The present owners have offered to donate it to the Federal Government.

As we understand that you committee desires to hold an immediate hearing on this bill, this report has not been submitted to the Bureau of the Budget. Consequently, I am unable to advise you at present concerning its relation to the program of the President.

Sincerely yours,