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SENATE

72D CONGRESS 1st Session

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REPORT No. 417

IMPROVEMENT OF APPROACH TO THE CONFEDERATE CEMETERY, FAYETTEVILLE, ARK.

MARCH 11, 1932.-Ordered to be printed

Mr. REED, from the Committee on Military Affairs, submitted the

following

REPORT

[To accompany S. 1406]

The Committee on Military Affairs, to which was referred the bill (S. 1406) to provide for the improvement of the approach to the Confederate Cemetery, Fayetteville, Ark., having considered the same, reports favorably thereon with the recommendation that it do

pass.

A similar bill was reported favorably by your committee and passed by the Senate in the Seventy-first Congress. The committee's report on that bill is made a part of this report and reads as follows:

While the Acting Secretary of War has made an adverse report on this bill on the grounds that it is one of several Government-owned approach roads to national cemeteries and national parks which have been returned to cities and States on account of their being parts of local highway systems and used as such rather than as approaches to the particular cemeteries or parks, your committee has been convinced, upon investigation of the matter, that this particular road is used exclusively as an approach to the Fayetteville National Cemetery, and therefore it is proper that this authorization be made.

The report of the Acting Secretary of War to the chairman of the Senate Committee on Military Affairs, dated May 17, 1930, is made a part of this report and reads as follows:

Hon. DAVID A. REED,

Chairman Committee on Military Affairs,

WAR DEPARTMENT, Washington, May 17, 1930.

United States Senate.

DEAR SENATOR REED: Careful consideration has been given to the bill (S. 4247) to provide for the improvement of the approach to the Confederate Cemetery, Fayetteville, Ark., which you transmitted to the War Department under date of May 9, 1930, with a request for information and the views of the department relative thereto.

There are no applicable provisions of existing law on the subject, except the act of March 3, 1925 (43 Stat. 1104), which authorizes the Secretary of War to convey to the States in which located Government-owned or approach roads to national cemeteries and national military parks.

SR-72-1-VOL 1-47

Under the provisions of the above law the Secretary of War under date of July 7, 1926, conveyed to the city of Fayetteville, Ark., the Government-owned approach road to the Fayetteville National Cemetery. A number of other national cemetery and national military park approach roads which are part of the local highway systems, have been returned to the cities and States in which they are situated. The general policy adopted by the War Department to carry out the provisions of the above law, is to return to the cities, counties, or States all Government-owned or controlled approach roads to national cemeteries and military parks which have become more important as parts of the local highway systems than as cemetery or park approaches, thus placing on the cities and States the cost of maintenance, which should be borne by the local taxpayers. In view of the above policy adopted by the War Department to carry out the provisions of the act of Congress approved March 3, 1925, with reference to Government owned or controlled cemetery and military park roads, the department can not consistently approve a measure for improving a road to a cemetery which the Government does not own or control. For the above reasons it is recommended that S. 4247 be not enacted into law.

Sincerely yours,

O

F. TRUBEE DAVISON,

Acting Secretary of War.

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Mr. HATFIELD, from the Committee on Immigration, submitted the following

REPORT

[To accompany H. R. 8235]

The Committee on Immigration, to whom was referred this bill (H. R. 8235) to clarify the application of the contract labor provisions of the immigration laws to instrumental musicians, having considered the same, reports it to the Senate without amendment, with the recommendation that the bill do pass.

The American Federation of Musicians is composed of 158,000 musicians who are American citizens, and of this number, according to the best obtainable information, more than 50,000 are now out of employment.

It is not believed that the law will offer any administrative difficulties to the Bureau of Immigration or the visa bureau of the State Department as to whether or not an instrumental musician is of distinguished merit and ability or is a member of a musical organization of distinguished merit.

Up to the present no distinction has ever been drawn at the ports of entry of this country between those who are artists in the field of fine music and the great mass of those who can play, however indifferently, some musical instrument.

A man who played a little on a clarinet could be admitted as an artist although in fact he might be following the trade of a shoemaker. Under the disguise of artists, thousands evade the contract-labor law in entering the United States, and although they are inferior to American musicians, they are often employed here for a long period of time because of the low wage they will accept, and in this way they deprive talented American musicians of contracts at a wage commensurate with their skill and experience.

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Mr. BRATTON, from the Committee on Public Lands and Surveys, submitted the following

REPORT

[To accompany S. 3570]

The Committee on Public Lands and Surveys, to whom was referred the bill (S. 3570) to amend the act entitled "An act confirming in States and Territories title to land granted by the United States in aid of common or public schools," approved January 25, 1927, having considered the same, recommend that the bill do pass with the following amendment:

At the end of the bill insert the following new section:

SEC. 2. This amendatory act shall take effect as of January 25, 1927; and in any case in which a State has selected lieu lands since such date under the act approved February 28, 1891 (26 Stat. 796), and still retains title thereto, such State may, within ninety days after the date of the enactment of this act, relinquish to the United States all right, title, and interest in such lands and shall thereupon be entitled to all the benefits of the act of January 25, 1927, as amended by this act.

The bill has a favorable report from the Secretary of the Interior, as evidenced by the following letter from the Secretary and the accompanying memorandum from the Commissioner of the General Land Office explaining the effect of the bill:

Hon. GERALD P. NYE,

DEPARTMENT OF THE INTERIOR,
Washington, February 29, 1932.

Chairman Committee on Public Lands and Surveys,

United States Senate.

MY DEAR MR. CHAIRMAN: In response to your request of February 12 for a report on S. 3570, which is a bill to amend the act entitled "An act confirming in States and Territories title to land granted by the United States in the aid of common or public schools," approved January 25, 1927, I transmit herewith a memorandum on the subject that has been submitted by the Commissioner of the General Land Office.

After a review of the proposed measure, I agree with the commissioner.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

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