Mr. WARREN, from the Committee on Military Affairs, submitted the following

REPORT.

[To accompany S. J. Res. 229.]

The Committee on Military Affairs, to whom was referred the joint resolution (S. J. Res. 229) authorizing the Secretary of War to investigate the claims of private parties to the Mariveles quarry within the limits of a United States military reservation in the Philippine Islands, and to permit the working thereof by the persons entitled thereto, provided military necessities permit, having considered the same, report favorably thereon with the recommendation that the resolution do pass with the following amendments:

On page 1, in line 5, after the word "into," strike out the words "the rights, claims, or equities," and insert in lieu thereof the words 'any equitable claims."

On page 1, in line 11, strike out the word "on."

On page 2, in line 2, strike out the words "the rights or" and insert in lieu the word "such."

The proposed legislation has the approval of the Secretary of War, who, in a letter addressed to the chairman of your committee under date of June 30, 1920, wrote as follows:

The Mariveles Military Reservation contains the only supply of stone suitable for construction work within an economic distance of Manila. Large amounts of this stone are needed for construction work in Manila and vicinity. The Governor General of the Philippine Islands has on several occasions requested that this supply of stone be made available for public and private use, but the Judge Advocate General of the Army has advised me that I had no authority to grant the request of the Governor General of the Philippine Islands. Moreover, until very recently it was thought that the supply of good stone at Mariveles was only sufficient for the proposed military work in connection with the defenses of the Philippine Islands, so I accordingly have not heretofore asked for the necessary legislation to make this stone available for other than military use.

I am now informed by a cablegram from the commanding general, Philippine Department, that recent surveys show a large surplus of rock beyond prospective military needs, and I accordingly request the early introduction and enactment of the above resolution.

The following letter of Maj. Gen. Frank McIntyre, Chief of the Bureau of Insular Affairs, addressed to former Senator Saulsbury, is also favorable to the proposed legislation; and it will be noted that the statements therein are concurred in by the Secretary of War:

WAR DEPARTMENT,
BUREAU OF INSULAR AFFAIRS,
Washington, January 4, 1921.

MY DEAR SENATOR: I have examined Senate resolution No. 229, introduced by Senator Wadsworth, and I believe that the War Department would under that bill, or even under Mr. Kahn's bill, be disposed to grant to the Atlantic, Gulf & Pacific Co. a license to quarry stone on the Mariveles Reservation.

I find that both the commanding generals in the Philippines in the past and the Governors General of the Philippines, including both Gov. Gen. Forbes and Gov. Gen. Harrison, have all favored doing this. The commanding general of the Philippines has varied with the change of commanding generals and with the different reports from their engineer officers as to the quantity of stone in the quarries on Mariveles and the quantity needed for military purposes. The last reports indicate that there is ample stone for all purposes, but the War Department was precluded from granting the licenses desired by the legal opinion that it was without authority.

I am inclined, therefore, to believe that if the authority is granted, the Atlantic, Gulf & Pacific Co. will be given the license. In the first place, it is the best equipped company to do the work, and in the second place, the judge advocate of the Department of the Philippines has heretofore decided that it had certain legal rights in the premises, due to the fact that it had initiated steps to acquire the mineral rights in this reservation prior to its being made a military reservation.

I am inclined, therefore, to believe that however these bills may be sent to he department, a favorable report will be made on them.

Very sincerely,

Hon. WILLARD SAULSBURY,

The Wilkins Building.

I concur in recommending passage.

Mr. NELSON, from the Committee on Commerce, submitted the

following

REPORT.

[To accompany H. R. 14311.]

The Committee on Commerce, to whom was referred the bill (H. R. 14311) to authorize the improvement of Red Lake and Red Lake River, in the State of Minnesota, for navigation, drainage, and floodcontrol purposes, having considered the same, report favorably thereon, with the recommendation that the bill do pass with amend

ments.

A bill (S. 4762) similar to this was introduced in the Senate, referred to the Committee on Commerce, and by that committee referred to the War Department; and the following is the report of the War Department on that bill:

Hon. W. L. JONES,

WAR DEPARTMENT, Washington, January 12, 1921.

Chairman Committee on Commerce, United States Senate. MY DEAR SENATOR: I have the honor to reply to your letter of the 5th instant, requesting the views of this department regarding Senate bill 4762, To authorize the improvement of Red Lake and Red Lake River in the State of Minnesota for navigation, drainage, and flood-control purposes.'

The purpose of the bill is to authorize the carrying out of a project for the improvement of Red Lake and Red Lake River which was submitted to Congress by this department's letter of May 27, 1919, and printed in House Document No. 61, Sixty-sixth Congress, first session. A copy of the document is herewith, and attention is respectfully invited thereto.

The project covers a comprehensive scheme of improvement for navigation, land drainage and flood control, water power, and domestic water supply, the paramount interest being that of drainage and flood control. It contemplates that the work be financed and accomplished by a local drainage district, and the bill proposes to vest this authority in the Red Lake Drainage and Conservancy District of the State of Minnesota, an organization created and existing under the laws of that State.

The entire cost of the work is estimated at $779,000, to be borne by the various interests concerned in proportion to the benefits to be received. Navigation is the smallest interest, and the Government's share of the cost is limited to $15,000 for supervision of the work during the period of construction and $200 annually thereafter for maintenance and operation.

S R-66-3-vol 1-11

The bill authorizes the appropriation of a sum sufficient to pay the share of the United States, but no appropriation is made and none seems to be necessary at the present time. The project contemplates that Federal supervision and expenditure will begin when the drainage district has completed the preliminary arrangements and entered into contracts for the work. This will, manifestly, require considerable time, so that the need for an immediate appropriation is not urgent.

So far as the interests committed to the War Department are concerned, I see no objection to the favorable consideration of the bill, but attention is directed to those features of the measure which pertain to another department of the Government, regarding which no opinion is expressed.

Very respectfully,

NEWTON D. BAKER,

Secretary of War.

The House bill above referred to (H. R. 14311) was referred by the Committee on Commerce to the Secretary of the Interior, and the following is the report of the Secretary upon the bill:

WASHINGTON, February 2, 1921.

MY DEAR SENATOR: Reference is again made to your letter of January 20, 1921, inclosing for report a copy of H. R. 14311, which passed the House on January 17, 1921, entitled "An act to authorize the improvement of Red Lake and Red Lake River, in the State of Minnesota, for navigation, drainage, and flood-control purposes.' This measure is practically identical with Senate bill 4762, Sixty-sixth Congress, third session. Both bills are of vital importance to the Chippewa Indians of the Red Lake Reservation, Minn., involving as they do some 236,800 acres within their reservation. If properly drained these lands will be greatly enhanced in value, and I am heartily in favor of the Indians participating in conservation measures of this kind, under proper safeguards, wherever the interests of the Indians will be benefited thereby.

Extensive areas within the existing reservation, potentially valuable for agricultural purposes, can not now be tilled, owing to the excessive quantity of water thereon. Proper drainage will enable these lands to be cultivated. The work proposed to be done under H. R. 14311 will be of substantial benefit to the Indians, the extent of such benefit being coexistent with the extent of the drainage actually accomplished. Section one of the bill provides for the approval of detailed plans covering the proposed work and the execution of agreements governing the maximum and minimum level between which the water in Red Lake shall be permitted to fluctuate. Section 2 provides for the execution of a further agreement governing assessments against the Indian lands, which in no case shall exceed $2.50 per acre. Speaking generally, these safeguards are deemed sufficiently strong to protect the interests of the Indians, but a careful analysis of the bill leads me to suggest the following amendments.

The only recompense to the Indians for any damages sustained, as the bill now reads, is found in lines 16 and 17, page 2, which provides that: "Due compensation shall be made to the Indians for any lands that may be required for straightening said river." The bill authorizes the construction of ditches, drains, dams, dikes, spillways, and other controlling works necessary to regulate the flow of water in Red Lake and Red Lake River and its tributaries. Other property belonging to the Indians, in addition to that "required for straightening said river" may be damaged or destroyed, for which the Indians should be compensated. While it might be possible to adjust this matter by stipulation attached to the approved plans covering the proposed work, or by contract with the drainage and conservancy district, yet the Indians interested will doubtless feel more happily assured by having the matter specifically included in the bill. This can be accomplished by the insertion of the following after the word "river," line 18, page 2: "and for any other property belonging to the Indians used, injured, or destroyed in connection with the construction, operation, and maintenance of any of the works provided for herein."

As lines 12 to 21, inclusive, page 4, of the bill now read, it might be regarded as mandatory on the Secretary of this department to enforce the lien created by section 2 of the bill as soon as a patent in fee for any of the land issues. Circumstances might arise which would indicate the advisability of postponing enforcement of this lien to a later date. I would, therefore, suggest that the words "shall be enforceable," line 16, page 4, be omitted, substituting therefor the words "may be enforced." Further, that the words "as soon as," line 18, same page, be stricken out and the word "after substituted therefor. These changes will leave the matter entirely within the discretion of the Secretary of this department as to when the proposed lien should be enforced.

The construction of the works contemplated by this bill may be said to be a matter wherein "time is of the essence of the contract." To avoid giving any one organization an indefinite period within which to begin construction, I would suggest the addition of the following to the bill as a new section:

"SEC. 5. That unless said drainage and conservancy district shall within two years from and after the date of the approval of this act submit to the Secretary of War and the Secretary of the Interior, respectively, satisfactory detailed plans and agreements covering the works authorized to be constructed hereby, then, and in that event, all rights hereunder shall cease and terminate."

It should be understood that this report deals only with those features of the bill relating to the interests of the Indians. If amended as suggested, I would be glad to see the matter enacted into law. Allotments in severalty to the Indians can not well be had until these lands are drained and thus made available for agricultural purposes.

Very truly, yours,

Hon. WESLEY L. JONES,

JOHN BARTON PAYNE,

Secretary.

Chairman Committee on Commerce, United States Senate.

The following amendments, recommended and suggested by the Interior Department, have been adopted by the committee, to wit: In line 1, page 2, strike out the words "of the preliminary survey"; and in the same line strike out the word "Board" and insert in place thereof the word "Chief."

In line 2, page 2, strike out the words "for rivers and harbors," so that lines 1 and 2, page 2, will read as follows: "in the report of the Chief of Engineers to the Secretary of War."

In lines 8, 9, and 10, page 2, strike out the following words "in accordance with the act to regulate construction of dams across navigable waters, approved June 23, 1910."

In line 18, page 2, after the word "river" insert the following words: ", and for any other property belonging to the Indians used, injured, or destroyed in connection with the construction, operation, and maintenance of any of the works provided for herein."

Beginning at line 4, page 4, after the word "desirable," strike out all down to and including the word "prescribe" in line 12 of said page, and insert in place thereof the following: "The Secretary of the Interior is hereby authorized to withdraw from the tribal funds on deposit in the Treasury of the United States to the credit of the Indians of the Red Lake Reservation such sums as may be required and as they may be needed to meet the assessments chargeable against the lands within said Indian reservation as provided for herein, and to expend the same in the payment of said assessments as they become due: Provided, however, That all tribal moneys so withdrawn shall be reimbursed to the Red Lake Tribe by the Indian allottees benefited, under such rules and regulations as the Secretary of the Interior may prescribe."

In line 16, page 4, strike out the words "shall be enforceable" and insert in place thereof the words "may be enforced."

In line 18, page 4, strike out the words " as soon as and insert the word "after" in place thereof.

After section 4 of the bill add a new section, to read as follows: SEC. 5. That unless said drainage and conservancy district shall within two years from and after the date of the approval of this act submit to the Secretary of War and the Secretary of the Interior, respectively, satisfactory detailed plans and agreements covering the works authorized to be constructed hereby, then, and in that event, all rights hereunder shall cease and terminate.