There being at this time no market for Harding town site property, and as there has been no recorded sales reported to the realty board in this subdivision, we can not state definite prices of same. The condition of this entire subdivision at this time is extremely bad on account of it not having been cleared or any improvement put in, and it has for the past few years been used as a dumping ground by the city of Miami Beach and other property owners. We feel safe in saying that in no cases are the lots worth more than from 40 to 50 per cent of the original purchase price paid at public auction in 1924. Yours very truly, MIAMI BEACH REALTY Board, Chairman of Appraisal Board. MIAMI, FLA., January 19, 1931. Hon. DUNCAN U. FLETCHER, United States Senate, Washington, D. C. DEAR SENATOR: It came to my notice that a hearing of Senate bill No. 3565 in reference to Harding town site lots (Florida) will take place on January 22, 1931. I desire to call your attention to the fact that stipulations in reference to purchase on said lots dwell expressly "on time being the essence of a contract,' and that failure to make prompt payments forfeits a purchaser's right to the property bought. This lot (No. 3), block 9, serial 018474, was purchased in February, 1924. Payments have been made in accordance with the terms, and said payments were completed in due time. My demand for deed to said lot has been refused as per their letter of January 3, 1927. On March 16, 1927, I demanded the refund of $2,250, plus interest and expenses incurred in this transaction. By letter of the Department of Interior, March 26, 1927, same was refused. Were this a transaction between private citizens, the money would have to be refunded in a case when one of the parties to an agreement can not carry out his undertaking on due time. Why the Government should refuse to carry out a principle well established among its citizens is very difficult to grasp by the mind of a lay person. Due to the litigation and clouding of the title the sale of this property becomes impossible. Subsequently, when deed was offered, five years after the purchase, the value of said lot has sunk to way below the sum of $350 originally appraised by Government. I would therefore urge upon you to put forth your best effort in urging authorities to live up to its duties to its citizens, and make good my demand for the refund of my money, and not shift the Government's burdens and make a citizen suffer without any fault on his part. In appreciation of your efforts to maintain the high esteem in which our Government is held, I am Most respectfully, HARVEY BENDER, Per D. BENder. Senator GERALD P. NYE, HAMPTON ARCADE, Miami Beach, Fla., January 17, 1931. United States Senate, Washington, D. C. DEAR SENATOR NYE: I have been asked by Mr. Oliver P. Searing, who is president of the Harding Townsite Association, to express my personal views as to the value of the lots in this subdivision to-day as compared with the prices of the lots sold by the United States Government when the subdivision was first placed on the market. As president of the Miami Beach Realty Board and president of the Miami Beach Chamber of Commerce, I have an opportunity of knowing something of the values of property. I understand from Mr. Searing that an effort is being made to have the Government reduce the prices of the lots sold in this subdivision to one-half of the original sales price. I do not believe there is a lot in the subdivision to-day worth one-half of what it was sold for at the original sale. A few of these lots near the ocean front, where the land is high in elevation, would perhaps be worth somewhere near 50 per cent, but certainly those farther west are not worth nearly one-half of the original sales price. If a reduction of 50 per cent were made on the property not yet deeded or patented, it would put the property in a different shape. The owners of the lots would be encouraged to do something toward cleaning up what is now an eyesore to all of Miami Beach, and I believe it is for the best interest of everybody concerned that such a reduction should be made. This is not an official appraisal of the realty board. The property owners do not feel they have sufficient funds to order and pay for an appraisal, but I feel sure I am truthful in making the statement that should the realty board make a bona fide appraisal of this property it would not be anywhere near 50 per cent of the value of the prices established at the original sale. For the best interest of the future development of this community, I sincerely trust that such official steps will be taken by the United States Government to reduce the price of the lots in accordance with the wishes of the purchasers. Very truly yours, JANUARY 7 (calendar day, JANUARY 8), 1932.-Ordered to be printed Mr. SHEPPARD, from the Committee on Military Affairs, submitted the following REPORT [To accompany S. 187] The Committee on Military Affairs, to which was referred the bill (S. 187) to authorize the Secretary of War to grant a right of way for street purposes upon and across the San Antonio Arsenal, in the State of Texas, having considered the same, reports favorably thereon with the recommendation that it do pass. A similar bill passed the Senate in the Seventy-first Congress, but failed to receive action in the House of Representatives. The committee's report on that bill is made a part of this report and reads as follows: The Committee on Military Affairs, to which was referred the bill (S. 6050) to authorize the Secretary of War to grant a right of way for street purposes upon and across the San Antonio Arsenal, in the State of Texas, having considered the same, reports favorably thereon with the recommendation that it do pass. The Secretary of War interposes no objection to this legislation. Following is his letter of February 3, 1931, to Hon. Morris Sheppard, submitting a draft of this bill, together with its inclosures and a letter from Mr. C. M. Chambers, mayor of the city of San Antonio, Tex., to Hon. Morris Sheppard: Hon. MORRIS SHEPPARD, United States Senate. WAR DEPARTMENT, Washington, February 3, 1931. DEAR SENATOR SHEPPARD: Further reference is made to your letter of January 9, 1931, and inclosures requesting reconsideration of the application of the city of San Antonio for the opening of a street through the San Antonio Arsenal, Tex. The matter has been carefully reconsidered and decision has been reached that objection will not be made to a right of way for a roadway through the said reservation, substantially as recommended by a board of officers convened pursuant to S. O. 312, Headquarters Eighth Corps Area, December 28, 1929. An excerpt of the recommendations of the board of officers is inclosed in which appears a description of the proposed right of wav. SR-72-1-VOL 1- -8 No The Secretary of War does not possess any authority to permit the extension of city streets on military reservations, and special legislation is necessary. objection will be interposed by the War Department to legislation in the attached form of bill, which will enable the Secretary of War to require, incident to the grant, the fulfillment by the city of San Antonio of the conditions recommended by the board of officers. A similar letter is being addressed to Congressman Harry M. Wurzbach, who under date of January 7, 1931, also requested reconsideration of the application of the city of San Antonio. The inclosures which accompanied your letter of January 9, 1931, are returned as requested. Sincerely yours, PATRICK J. HURLEY, [Excerpt from proceedings of a board of officers convened pursuant to par. 2, S. O No. 312, Headquarters Eighth Corps Area, December 28, 1929] V. RECOMMENDATIONS 1. That the city of San Antonio be authorized to construct a street across the San Antonio Arsenal as shown on Exhibit D under the following conditions: (a) That the roadway be 80 feet in width, including paved street, curbs, and sidewalks, all to be constructed and maintained at city expense. (b) That the roadway be exactly as shown on Exhibit D, and described more particularly as follows: Beginning at a point on the south boundary line of the San Antonio Arsenal Military Reservation, 519.7 feet from the southwest corner of the reservation, which corner bears N. 70° 22' E. 4.2 feet from a city monument set in the sidewalk at the intersection of South Flores Street and Arsenal Street; thence N. 26° 15′ E. 723.9 feet to a point on the north boundary line of the reservation; thence S. 64° 45' E. 30.1 feet along the north boundary to an angle in the fence; thence S. 59° 15' E. 50 feet to a point on the north boundary; thence S. 26° 15' W. 720.3 feet to a point on the south boundary of the reservation; thence N. 63° 45′ W. 80 feet along the south boundary line to the place of beginning, containing within the above-described tract 57,842.3 square feet or 1.33 acres. (c) That the city be assessed as damages, and to cover the necessary costs of the arsenal reconstruction, the sum of $113,000. (d) That in addition to the foregoing the city bear any cost of wrecking or removal of the buildings and structures lying within the recommended right of way. 2. That the damages assessed against the city be made available and utilized for the construction and rearrangement outlined in paragraph 5, Section IV, as shown on Exhibit D. 3. That permission to construct the street across the arsenal be contingent upon its extension southward from the arsenal to form an adequate arterial thoroughfare to the point where the Pleasanton Road enters South Flores Street. 4. That the actual construction of the roadway across the arsenal, and the wrecking or removal of the buildings lying in its path, be not authorized to begin until (a) The extension of Main Avenue southward to the Pleasanton Road shall have been completed. (b) The new shop building shall have been constructed, equipped, and in operation. (c) The four new sets of noncommissioned officers' quarters shall have been constructed. A BILL To authorize the Secretary of War to grant a right of way for street purposes upon and across the San Antonio Arsenal, in the State of Texas Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized to grant an easement for a right of way to the city of San Antonio, State of Texas, to construct and maintain a street, to be known as Main Avenue, on the San Antonio Arsenal Military Reservation, Tex., on such terms and condi tions as the Secretary of War may prescribe: Provided, That the construction and maintenance of said thoroughfare shall be without expense to the United States and whenever the lands within said right of way shall cease to be used for street or highway purposes, they shall revert to the United States. Hon. MORRIS SHEPPARD, SAN ANTONIO, TEX., January 5, 1931. United States Senate, Washington, D. C. DEAR SENATOR: The city of San Antonio is endeavoring to bring about the opening of a street through the San Antonio Arsenal, two prominent streets, Dwyer and Main Avenues, having no outlet when they reach the arsenal grounds. The congestion of traffic on South Flores Street has reached a point where the opening of one of these streets through the arsenal grounds is absolutely essential, and the city will very much appreciate if you will try to have this matter again submitted, or taken up with the proper authorities in Washington. In the year 1929, the matter of securing an extension of Main Avenue and Dwyer Avenue through the grounds of the San Antonio Arsenal was taken up with the Ordnance Department. After some discussion of the matter a letter was written on December 11, 1929, by me to Maj. Gen. C. C. Williams, Chief of Ordnance, requesting that permission be granted for the extension of these streets through the arsenal. By letter dated December 20, 1929, Major General Williams advised me that it appeared the needs of the community would be sufficiently satisfied if Main Avenue was extended across the arsenal, and that it was recommended that a board of officers from the Eighth Corps Area, including the commanding officer of the San Antonio Arsenal, be appointed to recommend a basis on which the Secretary of War might be willing to concede the extension of this avenue through the arsenal. By letter dated December 30, 1929, Col. Earl I. Brown advised me that such a board, consisting of himself, Maj. Tom J. Hays, and Maj. Everett Collins, had been appointed. This board later met and recommended the granting of a permit for the extension of a road through the arsenal, in accordance with location set out on a map, a copy of which is attached hereto. By letter dated December 19, 1929, the county judge and the county commissioners of Bexar County joined the city's request that Main Avenue be extended through the arsenal. About March 24, 1930, a committee consisting of Congressman John Garner, of Texas; Paul E. Steffler, city street commissioner of San Antonio; C. C. Trawalter, county commissioner; C. S. Fowler, representing the property owners of San Antonio on Main Avenue in the vicinity of the arsenal; and W. B. Tuttle, representing the Chamber of Commerce of San Antonio, called at the office of the Chief of Ordnance at Washington, where they were advised by Gen. Samuel Hof, then Assistant Chief of Ordnance, that he desired to return the report of the board to Fort Sam Houston, and for that reason the committee did not call on the Secretary of War to present their case to him. General Hof assured the committee and Congressman Garner that the report would be returned to San Antonio, but for some reason the report was sent to the War Council, consisting of the Secretary of War, the Assistant Secretary of War, and the Chief of Staff. It was then requested that a hearing be given, and the date of May 14 was set for this hearing. This hearing was later postponed on account of illness of the Secretary of War, but the authorities in the War Department acted without the hearing being held, and by letter dated May 21, 1930, the Hon. Trubee Davison, Assistant Secretary of War, advised the Hon. Perry S. Robertson, county judge of Bexar County, that the matter had received careful attention, and that it had been decided that there was military objection to the granting of the right of way for the road in question. It is respectfully requested that the granting of the extension of Main Avenue across the arsenal grounds be reconsidered and that the authorities and citizens of San Antonio be given an opportunity to have a hearing in the matter. Respectfully submitted. C. M. CHAMBERS, Mayor. |