80TH CONGRESS 2d Session

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SENATE

{No. 1599

REPORT

CONFIRMING THE CLAIM OF JUAN BERRAR TO CERTAIN LANDS IN THE STATE OF LOUISIANA

JUNE 11 (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. 5655]

The Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 5655) confirming the claim of Juan Berrar to certain lands in the State of Louisiana, county of Attakapas, now parish of St. Martin, said claim being listed as No. 5-690 in the report of the commissioners dated June 1811, so as to include sec. 2, T. 11 S., R. 6 E., Louisiana meridian, containing 139.62 acres, 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 enlarge the claim of Juan Berrar confirmed in 1811 as to 1,220.54 acres of land in Louisiana, so as to include an additional 139.62 acres.

This additional grant is requested by the successors of Juan Berrar on the basis of an alleged error in the Government's original survey of the claim, which was approved December 23, 1845. The details of the controversy are fully explained in the report of the Department of the Interior, dated May 27, 1948, addressed to Hon. Richard J. Welch, chairman of the Committee on Public Lands, which is set forth below and is made a part of this report.

While the records of the Bureau of Land Management are too incomplete to confirm or deny the validity of the claim of the successors of Juan Berrar to the land described, there is no doubt but that the claimants have settled on the land for more than 100 years. It seems quite probable that an error in the confirmation of the claim did occur, and the committee therefore believes that the successors of Juan Berrar should be given title under this proposed legislation.

The report of the Under Secretary of the Interior Department to the House Committee on Public Lands, under date of May 27, 1948, which states:

I see no objection to special legislation of this type if Congress feels that these parties have an equitable right to such legislation

is hereinbelow set forth in full and made a part of this report.

UNITED STATES DEPARTMENT OF THE INTERIOR,

Hon. RICHARD J. WELCH,

OFFICE OF THE SECRETARY, Washington 25, D. C., May 27, 1948.

Chairman, Committee on Public Lands,

House of Representatives.

MY DEAR MR. WELCH: This is in reply to your request for a report on H. R. 5655, a bill confirming the claim of Juan Berrar to certain lands in the State of Louisiana, county of Attakapas, now parish of St. Martin, said claim being listed as number B-690 in the report of the commissioners dated June 1811, so as to include sec. 2, T. 11 S., R. 6 E., Louisiana meridian, containing 139.62 acres. This bill would enlarge the_claim of Juan Berrar, confirmed as to 1,220.54 acres so as to embrace sec. 2, T. 11 S., R. 6 E., for an additional 139.62 acres. The claim was confirmed on June 1, 1811, under section 4 of the act of March 3, 1807 (2 Stat. 440), to include sec. 86, T. 10 S., R. 6 E., and secs. 3 and 66, T. 11 S., R. 6 E., and patent issued for such land on July 8, 1899.

The apparent basis for this proposed additional grant is an alleged error in the Government's original survey of the claim, approved December 23, 1845. The records of this case show that the alleged error was protested over 100 years ago. On January 11, 1848, Charles G. Bienvenu made cash entry No. 4648 at the Opelousas, La., district land office for fractional sec. 2, T. 11 S., R. 6 E., Louisiana meridian, Louisiana, containing 139.62 acres, the land which this bill would include in the claim B-690 of Juan Berrar

In a letter dated April 7, 1848, Surveyor General Landry informed the Commissioner of the General Land Office of a protest received from Edward Simon with respect to the alleged error in survey of this claim, B-690, and indicated that he would delay his report in the matter until Mr. Simon had had an opportunity "to make out his case." In a letter dated June 25, 1850, Bienvenu informed the Surveyor General of a judgment of the district court of the parish in this area, which had declared the Simon's claim to be valid, and he requested the return of the money he had paid the United States for the land. On January 17, 1851, the Surveyor General wrote to Mr. Simon indicating that he believed Berrar's claim was erroneously located, although there was some doubt in his mind as to the proper boundaries of such claim and requesting additional information so that a proper determination of the proper boundaries might be made. Surveyor General Boyd, on August 26, 1851, wrote to the Commissioner of the General Land Office stating that he did not consider the judgment of the district court against Bienvenu the best evidence, but was of the opinion that the claim should include the greater part, if not the whole, of section 2. He added that he would have the lands surveyed as soon as he could procure a surveyor to undertake the job. On September 26, 1851, Bienvenu's entry on section 2 was canceled in accordance with his request in view of the report of Surveyor General Boyd.

On May 6, 1899, Congressman R. F. Broussard of Louisiana indicated that a Mr. Simeon Hebert alleged ownership of section 2 as part of "Jean Berard's concession," clearly referring to the claim of Juan Berrar. In the answer of the General Land Office, dated May 13, 1899, however, it was indicated that claim B-690 comprised only 1,293.06 acres. The letter outlined the method to follow in order to secure patent to the land in the confirmed claim, which of course did not include section 2. A new plat of survey was approved on June 9, 1899, still excluding section 2 from Berrar's claim and showing section 2 to be vacant public land.

On September 8, 1937, in response to an inquiry from Mr. James J. Martin, attorney at law, St. Martinsville, La., the commissioner of the General Land Office explained the status of this land and indicated that the parties who have

held land under claim or color of title for more than 20 years, under certain conditions, may receive patent for such lands under the color of title law, act of December 22, 1928 (43 U. S. C., see. 1068). The minerals in such land would be reserved to the United States under such law and the lands sold to the claimant upon the payment of not less than $1.25 per acre

It appears from this correspondence, however, that the successors to Juan Berrar have undoubtedly settled on the land for over 100 years and that an error in the confirmation of the claim may well have occurred. The records of this office are, unfortunately, too incomplete to substantiate fully or, on the other hand, to controvert the validity of the claim of the successors of Juan Berrar to section 2 For these reasons, it is the opinion of this Department that it is a matter for Congress to determine whether or not the successors of Juan Berrar should be compelled to seek title under the provisions of the color of title law or should have the benefit of special legislation. I see no objection to special legislation of this type if Congress feels that these parties have an equitable right to such legislation. Since I understand that your committee desires to hold an immediate hearing on this bill, the bill has not been submitted to the Bureau of the Budget. Consequently, I am unable to advise you at present concerning its relationship to the program of the President.

Sincerely yours,

OSCAR L. CHAPMAN, Under Secretary of the Interior

O

80TH CONGRESS 2d Session

}

SENATE

{No. 1600

REPORT

PROVIDING FOR THE ADDITION OF CERTAIN SURPLUS GOVERNMENT LANDS TO THE CHICKAMAUGA AND CHATTANOOGA NATIONAL MILITARY PARK, IN THE STATES OF GEORGIA AND TENNESSEE

JUNE 11 (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. 59361

The Senate Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 5936) to provide for the addition of certain surplus Government lands to the Chickamauga and Chattanooga National Military Park, in the States of Georgia and Tennessee, 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 transfer to the Department of the Interior from the War Assets Administration approximately 100 acres of surplus land at Fort Oglethorpe, Ga., for addition to the Chickamauga and Chattanooga National Military Park.

This land was originally acquired by the National Park Service and later was utilized by the War Department as a part of the Fort Oglethorpe military reservation. The enactment of this bill will restore the land to the purpose for which it was first intended. No expenditure of Federal funds is involved.

The remainder of the surplus military property at Fort Oglethorpe has been sold by the War Assets Administration for home sites. Disposal of the land covered by this legislation has been postponed, awaiting Congressional action.

This land adjoins the northern boundary of Chickamauga battlefield. Its addition to the park area will provide a buffer strip for the protection of existing historical relics and park facilities from possible encroachment by undesirable developments. Also, the tract contains some War Department structures that can be used as park employees' quarters. Additional quarters are needed as the present ones are inadequate. Acquiring the surplus buildings will remove the need of constructing new ones.