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MARCH 2 (calendar day, MARCH 4), 1932.-Ordered to be printed

Mr. KEYES, from the Committee on Public Buildings and Grounds, submitted the following

REPORT

[To accompany H. R. 375]

The Committee on Public Buildings and Grounds, to whom was referred the bill (H. R. 375) amending the public building act approved March 4, 1931, authorizing acquisition of building sites and construction of public buildings at Hibbing, Minn., and other places, having considered the same, report favorably thereon with the recommendation that the bill do pass.

The present town site of Hibbing, Minn., is all occupied subject to mineral reservations. These reservations, some of which were made 35 and 40 years ago, or perhaps longer, still stand.

The site in which the Treasury Department is interested is owned by a large number of people. Everyone, with the exception of one, has given a quit-claim deed of mineral interests to the Government. This one person has refused, and in order for the Treasury Department to proceed with the erection of the building, this legislation is necessary.

In view of this situation the Treasury Department recommends the passage of the proposed legislation as is shown in the following letter addressed to the chairman of the Committee on Public Buildings and Grounds of the United States Senate:

Hon. HENRY W. KEYES,

TREASURY DEPARTMENT,

Chairman Committee on Public Buildings and Grounds,

United States Senate, Washington, D. C.

Washington.

DEAR MR. CHAIRMAN: Acknowledgment is made of your letter of February 3, 1932, requesting a report on bill H. R. 375, which provides that the Secretary of the Treasury may in his discretion accept title to land for a post-office site at Hibbing, Minn., which excepts and reserves the ores and minerals on the land with the right of mining the same.

The land sought to be acquired for a post-office site at Hibbing, Minn., is subject to certain mineral reservations, and this department has endeavored without success to obtain releases of such reservations. The department therefore recommends the passage of the proposed legislation.

Very truly yours,

SEYMOUR LOWMAN,

Acting Secretary of the Treasury.

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SENATE

72D CONGRESS 1st Session

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REPORT No. 385

ACQUISITION OF SITE AND CONSTRUCTION OF BUILDING IN JACKSON, MISS.

MARCH 2 (calendar day, MARCH 4), 1932.-Ordered to be printed

Mr. KEYES, from the Committee on Public Buildings and Grounds, submitted the following

REPORT

[To accompany H. R. 6739]

The Committee on Public Buildings and Grounds, to whom was referred the bill (H. R. 6739) to amend the authorization contained in the act of Congress approved March 4, 1929, for the acquisition of site and construction of building in Jackson, Miss., having considered the same report favorably thereon with the recommendation that the bill do pass.

The Government owns a large block of land at Jackson, Miss. Under the present law the new Federal building is to be erected on the south end of this lot. Both the Treasury and Post Office Departments and the citizens of Jackson have concluded that the north portion of the lot would be the more suitable site for the building. By this legislation authority is granted to the Treasury Department to demolish the old Federal building now situated on the north end of this lot and erect thereon a new Federal building.

There will be no additional expenditures necessary for this purpose.

SENATE

72D CONGRESS 1st Session

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REPORT No. 386

TO AUTHORIZE THE SECRETARY OF THE TREASURY TO NEGOTIATE AND TO ENTER INTO AN AGREEMENT REGARDING THE SOUTH BOUNDARY OF THE POST-OFFICE SITE AT PLATTSBURG, N. Y.

MARCH 2 (calendar day, MARCH 4), 1932.-Ordered to be printed

Mr. KEYES, from the Committee on Public Buildings and Grounds, submitted the following

REPORT

[To accompany H. R. 7899]

The Committee on Public Buildings and Grounds, to whom was referred the bill (H. R. 7899) to authorize the Secretary of the Treasury to negotiate and to enter into an agreement regarding the south boundary of the post-office site at Plattsburg, N. Y., having considered the same, report favorably thereon with the recommendation that the bill do pass.

This proposed legislation is for the purpose of authorizing and empowering the Secretary of the Treasury to negotiate with the owners of the property south of and adjoining the Federal building site at Plattsburg, N. Y., and to enter into such agreement or agreements with the owners as he may, in his discretion, deem necessary, definitely to establish the south boundary line of the Federal building site in said city.

The land comprising the aforesaid site was acquired by the United States by deed dated June 10, 1856, which purported to convey to the United States a strip of land extending southwardly from Brinkerhoff Street a distance of 130 feet.

A strip of land approximately 8 feet wide off the southerly portion of the said 130 feet dimension was claimed by the adjoining property owner, and the claim apparently received some recognition at that time as the Government's property wall was constructed in 1859 along the line claimed by the adjoining property owner to be the boundary line.

There is some ambiguity in the description of the land as contained in the deed to the United States, and also it is understood that the recorded plats of land at Plattsburg fail to throw sufficient light on the question to permit of a definite determination of the south boundary line of the site acquired by the United States.

The Attorney General, after a thorough investigation of the matter at various times, has suggested that suit may be filed against the adjoining property owners or a request may be made for authority of Congress to enter into an agreement to be placed of record in the local land records for Plattsburg determining the correct position and location of the south boundary of the Federal building site.

It is believed that the interests of the United States can be fully protected by negotiation.

This legislation is recommended by the Treasury Department as is shown by the following letter addressed to the chairman of the Committee on Public Buildings and Grounds of the United States Senate.

Hon. HENRY W. KEYES,

TREASURY DEPARTMENT,

Washington, February 10, 1932.

Chairman Committee on Public Buildings and Grounds,

United States Senate.

DEAR MR. CHAIRMAN: Receipt is acknowledged of your letter of February 3, 1932, requesting a report on bill H. R. 7899, which provides that the Secretary of the Treasury be authorized and empowered to negotiate with the owners of the property south of and adjoining the Federal building site at Plattsburg, N. Y., and to enter into such agreement or agreements with the owners as in his discretion may be deemed necessary definitely to establish the south boundary line of said Federal building site.

This department recommends the passage of the proposed legislation.

Very truly yours,

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SENATE

72D CONGRESS 1st Session

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REPORT No. 388

RELATING TO REVIEW OF CASES TRIED IN DISTRICT COURTS OF THE UNITED STATES WITHOUT A JURY

MARCH 2 (calendar day, MARCH 4), 1932.-Ordered to be printed

Mr. NORRIS, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany S. 941]

The Committee on the Judiciary, to which was referred the bill (S. 941) relating to the review of cases tried in the district courts of the United States without a jury, having had the same under consideration, beg leave to report thereon as follows:

We recommend the following amendment:

Strike out all after the enacting clause and insert the following:

That section 700 of the Revised Statutes (sec. 875, title 28, U. S. C.) be amended to read as follows:

"When an issue of fact in any civil cause in a district court is tried and determined by the court without the intervention of a jury, according to section 773 of this title, the rulings of the court in the progress of the trial of the cause, if excepted to at any time, and duly presented by a bill of exceptions, may be reviewed upon a writ of error or upon appeal. The review may extend to the determination of the sufficiency of the facts found to support the judgment." The section to be amended now reads as follows:

When an issue of fact in any civil cause in a district court is tried and determined by the court without the intervention of a jury, according to section 773 of this title, the rulings of the court in the progress of the trial of the cause, if excepted to at the time, and duly presented by a bill of exceptions, may be reviewed upon a writ of error or upon appeal; and when the finding is special the review may extend to the determination of the sufficiency of the facts found to support the judgment.

The only changes made in the law are to change the semicolon after the word "appeal" to a period; to strike out the balance of the section, reading as follows:

* * * and when the finding is special the review may extend to the determination of the sufficiency of the facts found to support the judgment.

And to insert in lieu of the matter striken out the following:

The review may extend to the determination of the sufficiency of the facts found to support the judgment.

SR-72-1-VOL 1-43

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