72D CONGRESS 1st Session

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SENATE

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REPORT No. 477

LOAN OF EQUIPMENT FOR FOURTEENTH ANNUAL CONVENTION, AMERICAN LEGION

MARCH 23 (calendar day, MARCH 28), 1932.-Ordered to be printed

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

REPORT

[To accompany S. 3765]

The Committee on Military Affairs, to which was referred the bill (S. 3765) to authorize the Secretary of War to lend War Department equipment for use at the Fourteenth National Convention of the American Legion at Portland, Oreg., during the month of September, 1932, having considered the same, reports favorably thereon with the recommendation that it do pass.

The War Department interposes no objection to the bill. Following is the report of the Secretary of War to the chairman of the Senate Committee on Military Affairs:

Hon. DAVID A. REED,

Chairman Committee on Military Affairs,

United States Senate.

MARCH 12, 1932.

DEAR SENATOR REED: Careful consideration has been given to the bill S. 3765, authorizing the Secretary of War to lend War Department equipment for use at the Fourteenth National Convention of the American Legion at Portland, Oreg., during the month of September, 1932, which you transmitted to the War Department under date of February 26, 1932, with a request for information and the views of the department relative thereto.

All of the items enumerated in the bill for loan, with the exception of blankets and cots, are now being purchased for the current supply of the Army. However, in view of the short time these articles will be withdrawn from Army use and the provision of the bill requiring a bond for the safe return in good condition of all the property without expense to the United States, the War Department has no objection to its enactment.

Sincerely yours,

O

SR-72-1-VOL 1-57

PATRICK J. HURLEY,
Secretary of War.

MARCH 23 (calendar day, MARCH 28), 1932.-Ordered to be printed

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

REPORT

[To accompany S. 1624]

The Committee on Public Lands and Surveys, to whom was referred the bill (S. 1624) providing for the issuance of patents upon certain conditions to lands and accretions thereto determined to be within the State of New Mexico in accordance with the decree of the Supreme Court of the United States entered April 9, 1928, having considered the same, report thereon with recommendation that it do pass without amendment.

Under date of April 9, 1928, the Supreme Court of the United States rendered a decree in the case of New Mexico v. Texas (276 U. S. 557), establishing the true boundary line in the disputed area between the two States. A commissioner, appointed by the court for that purpose, surveyed the line in conformity with the decree; his survey was confirmed on March 23, 1931 (283 U. S. 788). Resulting from the action thus taken, it was ascertained and determined that certain lands theretofore thought to be in Texas and to which title emanating from the State of Texas had been relied upon throughout the years, were actually within the State of New Mexico and, likewise, that certain lands previously thought to be in New Mexico, to which title originating with a patent from the United States had been relied upon through many years, were in fact within the State of Texas. Consequent upon the fact that New Mexico is a publiclands State, the tracts thus ascertained to be in New Mexico became the property of the United States. On the contrary, Texas not being a public-lands State, the tracts so ascertained to be within that Commonwealth became the property of the State.

The purpose of the bill is to authorize issuance of patents for lands thus ascertained to be in the State of New Mexico, provided the State of Texas then has in force a reciprocal statute according like consideration to occupants of land in Texas, holding the same under

assemed one pronate with a patent from the Cained States, such

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under conveyances from the grant officers prior to the decree confirming the claim in part, were allowed to make entry for the land occupied. Applications for a number of tracts that may be affected by the final location of the boundary line, were protested by persons claiming under titles derived from the State of Texas. Those applications and protests have been suspended to await the final location of the boundary and the establishment of legal subdivisions of the surveys with reference thereto.

By Executive order of June 4, 1928, all of the public lands west of the TexasNew Mexico boundary and east of a line that would include the area involved in the suit, were withdrawn from all forms of appropriation for classification and in aid of legislation. That withdrawal was in addition to prior withdrawals for purposes of resurvey, and for irrigation and reclamation purposes; and probably all of the land is within the Elephant Butte irrigation district, map approved November 25, 1921, under the provisions of the act of August 11, 1916 (39 Stat. 506).

The act of Congress, approved June 8, 1926 (44 Stat. 709), authorizes the Secretary of the Interior to issue patents for lands in the State of New Mexico, not exceeding 160 acres, which have been held in good faith and in peaceful, adverse possession by a citizen of the United States. for more than 20 years under bona fide claim and color of title, upon the payment of $1.25 per acre. (Circular No. 1079, July 13. 1926, 51 L. D. 488, and Circular No. 1097. September 29, 1926, 51 L. D. 598).

That act has been superseded, or repealed, however, by the general act for the same purpose, approved December 22, 1928 (45 Stat. 1069), which required payment at the appraised price and reserves the minerals to the United States. (Circular No. 1186, April 15, 1929).

Until a report under the resolution of Congress has been submitted, or until the public surveys have been closed upon the boundary line and the pending applications disposed of, or the present occupants of the land afforded an opportunity to put their claims of record under existing public land laws, further legislation by Congress at this time is not thought to be necessary.

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C. C. MOORE, Commissioner.