SENATE.

66TH CONGRESS,

3d Session.

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REPORT No. 679.

CLAIM OF THE OSAGE INDIANS AGAINST THE UNITED STATES.

JANUARY 10, 1921.-Ordered to be printed.

Mr. CURTIS, from the Committee on Indian Affairs, submitted the

following

REPORT.

[To accompany H. R. 6221.]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 6221) conferring jurisdiction on the Court of Claims to hear, determine, and render judgment in the Osage civilization fund claim of the Osage Nation of Indians against the United States, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

A bill similar to the one under consideration was passed by the Senate in two previous Congresses. The object of the bill is to permit a final adjudication by the Court of Claims of the right claimed by the Osage Indians to certain moneys arising from the sale of Osage lands in Kansas under the treaty of January 21, 1867. The bill has the approval of the Department of the Interior, and the Secretary reports under date of August 29, 1919, that "the bill sufficiently protects the rights of both the Indians and the Government and I recommend that it receive favorable consideration."

This bill was passed by the House of Representatives May 3, 1920. A full and complete statement of the case is embodied in the Report 899, Sixty-sixth Congress, second session, of the House Committee on Indian Affairs.

BRIDGE ACROSS MOBILE BAY, ALA.

JANUARY 10, 1921.-Ordered to be printed.

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

following

REPORT.

[To accompany S. 4603.]

The Committee on Commerce, to whom was referred the bill (S. 4603) extending the time for the commencement and completion of the bridge or bridges authorized by an act entitled "An act to authorize the Gulf Ports Terminal Railway Co., a corporation existing under the laws of the State of Florida, to construct a bridge over and across the headwaters of Mobile Bay and such navigable channels as are between the east side of the bay and Blakely Island, in Baldwin and Mobile Counties, Ala.," approved October 5, 1917, having considered the same, report favorably thereon, with the recommendation that the bill do pass with amendments.

Strike out all after the enacting clause and in lieu thereof insert the following:

That the act approved October 5, 1917, authorizing the Gulf Ports Terminal Railway Company, a corporation existing under the laws of the State of Florida, to construct, operate, and maintain a bridge or bridges and trestles over and across the navigable channels of the mouth of Mobile River from Bay Port, in township four south, range two east, on the east shore of the waters of Mobile Bay, in Baldwin County, Alabama, on a direct line, to a point on Blakely Island, in Mobile County, on the east shore of Mobile River, opposite the municipal docks of the city of Mobile, Alabama, at a point or points suitable to the interests of navigation, be, and the same is hereby, revised and reenacted: Provided, That this act shall be null and void unless the actual construction of the bridge or bridges and trestles herein authorized be commenced within one year and completed within three years from the date of approval hereof. SEC. 2. That the right to alter, amend, or repeal this act is hereby expressly reserved. That the title be amended by striking out all of the first line and the words "bridge or bridges authorized by an" in the second line and inserting in lieu the words "To revive and reenact the," by striking out the word "to," at the end of the second line, and substituting "To," and by striking out the word "bay" in the seventh line and substituting Bay."

The bill thus amended has the approval of the Department of War, as will appear by the annexed communication, the amendment referred to therein having been incorporated in the bill as reported.

WAR DEPARTMENT.

Respectfully returned to the chairman Committee on Commerce, United States Senate.

The accompanying bill (S. 4603, current session) proposes to extend the time for the construction of a bridge or bridges across the headwaters of Mobile Bay and navigable channels between the east side of the bay and Blakely Island in Baldwin and Mobile Counties, Ala.

Authority for the construction of the bridge or bridges in question was granted by act of Congress approved October 5, 1917, subject to the terms of the general bridge law, section 6 of which provides that "the authority thereby granted shall cease and be null and void unless the actual construction of the bridge authorized in such act be commenced within one year and completed within three years from the date of the passage of such act."

So far as known to the department, no advantage was taken of the authority granted, and, pursuant to the restriction imposed by the general bridge law quoted above, the franchise expired by limitation on October 5, 1920.

In view of the circumstances, I am of the opinion that it would be better to amend the bill now under consideration so as to revive and reenact the original law in direct terms. I have amended the bill accordingly, and as thus amended no objection is known to its favorable consideration by Congress so far as the interests committed to this department are concerned.

W. R. WILLIAMS, Assistant Secretary of War.

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