VARIOUS BILLS FOR CONSTRUCTION AND ACQUISI TION OF LAND WEDNESDAY, FEBRUARY 18, 1931 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 1 CF THE Washington, D. C. The committee met at 9.30 o'clock a. m., Hon. W. Frank James (chairman) presiding. The CHAIRMAN. We will take up the bill H. R. 10884 " To authorize the acquisition of a right of way for a sewer line in connection with the Fort Bragg Military Reservation, North Carolina.” (Said bill and the report of the War Department thereon are as follows:) [H. R. 10884, Seventy-first Congress, second session] A BILL To authorize the acquisition of a right of way for sewer line in connection with the Fort Bragg Military Reservation, North Carolina Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is hereby authorized to acquire, by purchase, condemnation, or otherwise, a right of way for the sewer-pipe line from Fort Bragg Military Reservation to Little River, over and across certain lands in which the said pipe line is now laid down, said right of way to be approximately 25 feet in width and 1,700 feet in length, and there is hereby authorized to be appropriated a sum not to exceed $1,500 to carry out the purpose of this act. The SPEAKER, House of Representatives. MARCH 15, 1930. DEAR MR. SPEAKER: There is inclosed the draft of a bill to authorize the acquisition of a right of way for sewer-pipe line in connection with the Fort Bragg military reservation, N. C., which the war Department presents for the consideration of the Congress with a view to its enactment into law. There are no pertinent provisions of existing law affecting the purchase of the right of way requested. Fort Bragg was established as an artillery range during the period of the World War and consists of approximately 120,477 acres. It is situated in Hoke and Cumberland Counties, N. C., and approximately 600 parcels were acquired by direct purchase or through condemnation between 1919 and 1921, at a cost of $2,624,950. It was designated as a permanent military post on September 30, 1922, and is headquarters for a number of Field Artillery units and during the summer months is used for the training of Field Artillery of the National Guard and Organized Reserves. In the construction of the camp a sewer system was established with an outlet in the Little River across certain property of the O. A. Waddell estate and the Carolina Power & Light Co. The land upon which the sewer is located was never acquired from the original owners, nor were leases entered into for the use thereof. The owners later entered a claim for use and occupancy of their land, which claim has been passed upon by the War Department and forwarded to the Comptroller General for settlement. Be 57 cause of the impossibility of removing this sewer line to a location situated on Government-owned property, it becomes necessary, in order to avoid future claims for use and occupancy, to acquire a permanent easement or right of way through these properties. The owners have asked a price which is considered excessive, and this easement will, therefore, have to be acquired through condemnation. The estimated cost of the proposed bill is approximately $1,500. PATRICK J. HURLEY, STATEMENT OF MAJ. R. D. VALLIANT, QUARTERMASTER CORPS, UNITED STATES ARMY The CHAIRMAN. What do you have to say in regard to this bill, Major Valliant? Major VALLIANT. We have a situation at Fort Bragg, N. C., that we would like very much to correct. During the period of 1917 and 1918, when the land was acquired for Camp Bragg, things were very hurriedly done, and the construction was pushed through just as rapidly as possible. The main trunk-line sewer for Camp Bragg was located for about 1,700 feet on land which we did not hold title to and to which we have not since acquired title. We had a purchase arrangement at that time with the owners of the land, but, owing to objections that were brought out, the arrangements were not carried through, and for the past 12 or 13 years we have had our sewer located there on land to which we did not hold title. We are asking for an appropriation of not to exceed $1,500 to purchase a right of way about 25 feet wide and about 1,700 feet long. The CHAIRMAN. Does that go through Pope Field? Major VALLIANT. Yes, sir. The CHAIRMAN. It goes through Pope Field, down to the river. I was down there the other day, and my recollection is that it goes. through Pope Field down to the river. Major VALLIANT. There are two landowners involved here, Mrs. Waddell and the Columbia Light & Power Co. The CHAIRMAN. Where is Pope Field? Major VALLIANT. The river is here [indicating], and Pope Field is up here [indicating]. The CHAIRMAN. How much rent are you paying a year? Major VALLIANT. $200 a year. The bill covers this part right in here [indicating]. We have a purchase agreement with those two landowners, Mrs. Waddell and the Columbia Light & Power Co., but the agreements were not carried out at that time, and we went ahead and constructed the sewer. The CHAIRMAN. I have some telegrams here I would like to have go into the record, as follows: JOHN A. THAMES, House Office Building: FAYETTEVILLE, N. C., February 13, 1931. Government now paying Mrs. Waddell annual rent of $200, which is equivalent to interest at 6 per cent on $3,333.33. Think easement worth this amount according to Government's present contract, and appropriation should be increased to at least this amount. Please show this wire to Mr. James, whose courtesy I greatly appreciate. J. BAYARD CLARK, Member of Congress. JOHN A. THAMES, House Office Building: My position stated former telegram. FAYETTEVILLE, N. C., February 17, 1931. Would not ask further delay. Mr. MCSWAIN. Major, it is your thought that you will be able to acquire a right of way through both parcels of property for about $1,500? Major VALLIANT. Yes, sir. Mr. MCSWAIN. Did the agreement that you had at the time of the construction of the camp stipulate the price to be paid for this right of way? Major VALLIANT. No, sir; it was for the purchase outright of the entire tract of land. One tract contained 672 acres and the other about 34 acres. Mr. MCSWAIN. What sort of land is that through which this sewer runs? You say it runs through the Weddell land and through land of the Columbia Light & Power Co. Major VALLIANT. Some of it is quite poor and scrubby. It has a sandy soil, and is covered with a low pine growth. The CHAIRMAN. It is like that entire section of the country there in which the Camp Bragg property is situated? Major VALLIANT. Yes, sir. Mr. MCSWAIN. I could sell you a whole lot of better land than that down in South Carolina for $5 per acre. Major VALLIANT. We paid for the tract of land immediately adjoining this at the rate of about $20.14 per acre. Mr. MCSWAIN. This 55 acres of land of Mrs. Waddell, at $20 per acre, would not be more than about $1,100. Major VALLIANT. It would not be, provided we could get the price that we paid in 1917 and 1918. However, Mrs. Waddell has put a very high price on her land, and, if we were to go into court and condemn the entire property, we might have to pay a much larger amount than what we actually paid for the adjoining tract a number of years ago. Mr. MCSWAIN. This sewer does no real damage to the property itself. Of course, it is concealed deep in the ground, and outside of the right of ingress and egress for the purpose of repairs, which does affect the property, it does no injury to the property. Major VALLIANT. I have information to the effect that in part it adds a value to the landowner, because it is elevated over a slight swale, and they use this sewer line for a foot passage in crossing it in going from one part of the land to another. The CHAIRMAN. Is that farm land? Major VALLIANT. Yes, sir; it is mostly waste land. The CHAIRMAN. What I saw seems to have practically no value. My impression was that the sewer going through her land was an advantage to her, because if it were built up they could connect with the sewer. Major VALLIANT. We paid about $20.17 for this land right in here [indicating]. The CHAIRMAN. This is a strip 25 feet wide and 1,700 feet long. That is what fractional part of an acre; do you have that computed? Major VALLIANT. It is very nearly an acre, I think. When I go up there to look at this $1,000,000 building I will find it is not what I want, but what you would have put in if you had had $100,000 more. You, gentlemen of the War Department, seem afraid to come here and tell the committee what you are up against. I can point to cases where things are done which should not be done. What right has anybody to negotiate in the War Department without consulting this bill, of which Mr. McSwain is the introducer? What right has anybody to interpret the bill which Mr. Hill introduces? What right has anybody there, after we authorize and appropriate the money for a certain purpose to use it for something else? I feel a man is trying to turn it over to the Department of Justice without this committee or the Congressman in the district knowing about it. In other words, you, gentlemen, should be as frank with us as we are with you, and we have been with you for three years on that Kamehameha proposition. When the Attorney General says to you, "I am unwilling to do this or that," then we would see whether the Attorney General is a bigger man than the Congress. Congress is not working for these gentlemen. They are all working for us. We would have asked the Attorney General why he did not comply with the action of the committee. On Army housing, when you bump up against peculiar conditions, do not go ahead and erect a structure that for a hundred years will make everybody that lives in the house during that period damn this committee. Instead of that, come here and tell us what conditions you have met, and wherein the appropriation and the legislation fall short, and we will see what we can do to remedy matters. General DE WITT. Thank you, Mr. Chairman. There was one other bill, Mr. James, which we understood you wanted us to bring up, and that is in relation to the Porto Rican matters. That is H. R. 15769. The CHAIRMAN. A man should not take a chance on some one not finding out something some time. I remember one day going to a certain place and taking a look at a building which had been completed but a few months. I asked the people there, "When was this building completed?" They replied, "Oh, so many months ago." Then I asked, "Where did you get the money?" The gentleman's face got red and he said, "Do I have to tell?" I said, "Yes or come before our committee and be sworn." I said. "The money was not authorized by our committee; we would gladly have given you money, but you have taken money and used it for this purpose and you had no right to use it. It came out of a fund appropriated for repairs and hospitals, and that money should have been authorized by our committee. We would gladly have given it to you. But don't try any more of this kind of maneuvering." We built some barracks buildings at Monmouth, N. J., and they were vacant for practically a year, simply because some one in the War Department did not have enough money to put in water and sewage connections and facilities. The committee will now take up the consideration of H. R. 15769. The clerk will read the title of the bill and a communication we have received concerning it from the Secretary of War. |