approaches thereto as a railroad bridge for the passage of railway trains or street cars, or both, or as a highway bridge for the passage of pedestrians, animals,, and vehicles, adapted to travel on public highways, or as a combined railroad and highway bridge for all such purposes; and there is hereby conferred upon the said Dupo Bridge Co., its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State.

"SEC. 3. After the completion of such bridge, as determined by the Secretary of War, if the same is constructed as a highway bridge only, either the State of Missouri or the State of Illinois, any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, by purchase or by condemnation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. If at any time after the expiration of 10 years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion cost, not to exceed 10 per cent of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property, and (4) actual expenditures for necessary improvements.

"SEC. 4. If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, under the provisions of section 3 of this act, and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed 10 years from the date of acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

"SEC. 5. If such bridge is constructed as a combined railroad bridge for the passage of railway trains or street cars, and a highway bridge for the passage of pedestrians, animals, and vehicles, then the right of purchase and condemnation conferred by this act shall apply to a right of way thereover for the passage without cost of persons, animals, and vehicles adapted to travel on public highways; and if the right of purchase or condemnation shall be exercised as to such right of way over the bridge, then the measure of damages or compensation to be allowed or paid for such right of way shall be a sum equal to the difference between the actual fair cash value of such bridge determined in accordance with the provisions of section 3 of this act, and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad bridge only. If the right of purchase or condemnation conferred by this act shall be exercised as to the right of way over such bridge, then that part of the bridge which shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, animals, or vehicles shall be maintained, operated, and kept in repair by the purchaser thereof.

"SEC. 6. The Dupo Bridge Co., its successors and assigns, shall, within 90 days after the completion of such bridge, file with the Secretary of War and with the highway departments of the States of Missouri and Illinois a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and at the request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and

shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said Dupo Bridge Co., its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 3 of this act, subject only to review in a court of equity for fraud or gross mistake.

"SEC. 7. The Dupo Bridge Co., its successors and assigns, is hereby authorized and empowered to fix and charge just and reasonable tolls for the passage of such bridge of pedestrians, animals, and vehicles adapted to travel on public highways, and the rates so fixed shall be the legal rates until the Secretary of War shall prescribe other rates of toll as provided in the act of March 23, 1906; and if said bridge is constructed as a railroad bridge, or a joint railroad and highway bridge, as provided in this act, the said Dupo Bridge Co., its successors and assigns, is hereby authorized to fix by contract with any person or corporation desiring the use of the same for the passage of railway trains, or street cars, or for placing water or gas pipe lines or telephone or telegraph or electric light or power lines, or for any other such purposes, the terms, conditions, and rates of toll for such use; but in the absence of such contract, the terms, conditions, and rates of toll for such use shall be determined by the Secretary of War as provided in said act of March 23, 1906.

"SEC. 8. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this act is hereby granted to the Dupo Bridge Co., its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person.

"SEC. 9. The right to alter, amend, or repeal this act is hereby expressly reserved."

Amend the title so as to read: "A bill authorizing Dupo Bridge Co., a Missouri corporation, its successors and assigns, to construct, maintain, and operate a combined highway and railroad bridge across the Mississippi River at or near Carondelet, Mo."

The SPEAKER. The question is on agreeing to the committee amendment.

The committee amendment was agreed to.

The SPEAKER. The question is on the engrossment and third reading of the bill as amended.

The bill as amended was ordered to be engrossed and read a third time, was read the third time, and passed.

A motion to reconsider the last vote was laid on the table.

CAMP SHERMAN, OHIO

The next business on the Consent Calendar was the bill (H. R. 10649) providing for the transfer of a portion of the military reservation known as Camp Sherman, Ohio, to the Department of Justice.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the present consideration of the bill?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That the Secretary of War is hereby authorized and directed to transfer to the jurisdiction of the Department of Justice, for use as a site for the industrial reformatory established under authority of the act of January 7, 1925, chapter 32, entitled "An act for the establishment of a United States Industrial Reformatory," all that portion of the United States military reservation known as Camp Sherman, Ohio, lying west of the Scioto River and south of a line beginning at a point in the center line of Portsmouth Street at the Scioto River and running thence southwesterly along the center line of Portsmouth Street to the center line of Columbus Avenue; thence southeasterly along the center line of Columbus Avenue to the center line of Moundsville Street; thence southwesterly along the center line of Moundsville Street to the center line of Egypt Pike; thence northwesterly along the center line of Egypt Pike to its intersection with the center line of Sandusky Boulevard; thence due west to the boundary line of the Government reservation.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed. A motion to reconsider the vote by which the bill was passed was laid on the table.

BRYCE CANYON NATIONAL PARK

The next business on the Consent Calendar was the bill (H. R. 12487) to correct the descriptions of land comprising the Bryce Canyon National Park as contained in the act approved June 7, 1924, entitled "An act to establish the Utah National Park in the State of Utah," and the act approved

Mr. COLTON. Mr. Speaker, I ask unanimous consent to substitute Senate bill 3824 and consider the same in lieu of the House bill, the Senate bill being identical with the House bill. The SPEAKER. Without objection, it is so ordered. There was no objection.

The Clerk read the Senate bill, as follows:

Be it enacted, etc., That the tract of land described in section 1 of the act approved June 7, 1924, entitled "An act to establish the Utah National Park in the State of Utah," be, and the same is hereby, amended to read as follows:

Unsurveyed sections 31 and 32, township 36 south, range 3 west; surveyed section 36, township 36 south, range 4 west; north half, southwest quarter and west half of the southeast quarter of partially surveyed section 5; unsurveyed sections 6 and 7, west half, west half of the northeast quarter, and west half of the southeast quarter of partially surveyed section 8, partially surveyed section 17, and unsurveyed section 18, township 37 south, range 3 west; and unsurveyed sections 1, 12, and 13, township 37 south, range 4, all west of the Salt Lake meridian in the State of Utah."

SEC. 2. That the tract of land described in section 2 of the act approved February 25, 1928, entitled "An act to change the name of the Utah National Park, the establishment of which is provided for by the act of Congress approved June 7, 1924 (43 Stat. 593), to the 'Bryce Canyon National Park,' and for other purposes," be, and the same is hereby, amended to read as follows:

The east half east half section 25, township 36 south, range 4 west; the east half and southwest quarter section 20, and all of sections 21, 29, and 30, township 36 south, range 3 west; all of sections 24 and 25, township 37 south, range 4 west; and all of sections 19 and 30, township 37 south, range 3 west, Salt Lake meridian."

The bill was ordered to be read a third time, was read the third time, and passed.

A motion to reconsider the vote by which the bill was passed was laid on the table.

A similar House bill was laid on the table.

CITY OF LEOMINSTER, MASS.

The next business on the Consent Calendar was the bill (H. R. 12354) to grant to the city of Leominster, Mass., an easement over certain Government property.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the present consideration of the bill?

Mr. LAGUARDIA. Mr. Speaker, reserving the right to object, perhaps the gentleman from Hawaii can explain the matter to me. I am inclined to ask that this bill go over. It is a rather important bill; it carries a lot of appropriations into 1941, and I do not think we should consider it now.

Mr. HOUSTON of Hawaii. If the gentleman will permit, I may be able to explain the matter. The bill in question is one which provides for eventual participation by the Territory of Hawaii in appropriations which are now being made to all the States. At the present time the Territory of Hawaii is in receipt of the usual $50,000 per year for the Federal colleges under the original grant, but it is not receiving the $80,000 a year which the other States are now receiving and which is increased to $90,000 in 1929. In accordance with this bill the Territory of Hawaii will receive only $15,000 for the year 1930, which is increased by gradual increments so that in the year 1941 it will be receiving the same as the States are now receiving. The bill carries the approval of the Secretary of Agriculture and of the Director of the Budget.

Mr. CRAMTON. If the gentleman will yield, the acts authorizing these appropriations in some cases would seem to include the Territory of Hawaii, but the Attorney General has held that the appropriations were not authorized for Hawaii, and so they have been without them. This bill, instead of overturning the thing abruptly and putting them in at 100 per cent, starts them in at a lower figure and it would be 1941 before they will be receiving full participation.

Mr. LAGUARDIA. Then, all this bill does is to correct existing law and to carry out what the gentleman from Michigan believes was the intent of Congress.

Mr. CRAMTON. I made some study of it even before the Delegate from Hawaii came to Washington, and it seemed to me it had been the intention of Congress that Hawaii should share, and it seems logical that they should share in it.

Mr. LAGUARDIA. Mr. Speaker, I withdraw my reservation of objection.

The SPEAKER. Is there objection?
There was no objection.

The Clerk read the bill, as follows:

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That the Secretary of the Treasury is authorized and directed to grant to the city of Leominster, Mass., for the purpose of widening the street in front of the Federal building in such city, an easement over the tract of land situated at the northerly corner of Merriam Avenue and Main Street, bounded and described as follows: Beginning at the intersection of the northwesterly line of Main Street and the northeasterly line of Merriam Avenue; thence by the northwesterly line of said Main Street north 44° east 192.07 feet to granite monument at the land now or formerly of the heirs of Andrew Whitney; thence by land of said heirs of Andrew Whitney, making an included angle of 90° and bearing north 46° west 4.25 feet to land of grantee; thence by land of said grantee, making an included angle of 90° and bearing south 44° west 162.48 feet; thence tangent to the last-described line on a curve to the right with a radius of 33.07 feet a distance of 48.73 feet to a point in the northeasterly line of said Merriam Avenue; the tangent distance of this last-described curve is 30 feet and the central angle of the curve is 84° 26'; thence by said northeasterly line of Merriam Avenue, tangent to the lastdescribed curve and bearing south 51° 34' east 34.27 feet to the point of beginning. This last-described line makes an included angle with the first-described line of 95° 34'. Such easement shall continue so long as the land shall be used exclusively for street purposes.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed.

A motion to reconsider the vote by which the bill was passed was laid on the table.

TERRITORY OF HAWAII

The next business on the Consent Calendar was the bill (S. 757) to extend the benefits of certain acts of Congress to the Territory of Hawaii.

The Clerk read the title of the bill.

Be it enacted, etc., That beginning with the fiscal year ending June 30, 1929, the Territory of Hawaii shall be entitled to share in the benefits of the act entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several States under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto," approved March 2, 1887, as amended and supplemented, and of the act entitled "An act to provide for cooperative eral States receiving the benefits of an act of Congress approved July 2, 1862, and of acts supplementary thereto, and the United States Department of Agriculture," approved May 8, 1914, and of acts supplementary thereto : Provided, That the experiment station so established shall be conducted jointly and in collaboration with the existing Federal experiment station in Hawaii in enlarging and expanding the work of the said Federal station on cooperative plans approved by the Secretary of agriculture; and the Secretary of Agriculture shall coordinate the work of the Territorial station with that of the Federal station and of the United States Department of Agriculture in the islands: Provided further, That the Territory of Hawaii shall make provision for such additional buildings and permanent equipment as may be necessary for the development of the work.

SEC. 2. To carry into effect the above provisions for extending to Hawaii the benefits of the act of March 2, 1887, and supplementary acts in the order and amounts designated by these acts, the following sums are hereby authorized to be appropriated in addition to the amounts appropriated to the Department of Agriculture for use in Hawaii: $15,000 for the fiscal year ending June 30, 1929; $20,000 for the fiscal year ending June 30, 1930; $22,000 for the fiscal year ending June 30, 1931; $24,000 for the fiscal year ending June 30, 1932; $26,000 for the fiscal year ending June 30, 1933; $28,000 for the fiscal year ending June 30, 1934; $30,000 for the fiscal year ending June 30, 1935; $50,000 for the fiscal year ending June 30, 1936; $60,000 for the fiscal year ending June 30, 1937; $70,000 for the fiscal year ending June 30, 1938; $80,000 for the fiscal year ending June 30, 1939; and $90,000 for the fiscal year

ending June 30, 1940, and thereafter a sum equal to that provided for

each State and Territory for agricultural experiment stations established under the act of March 2, 1887.

SEC. 3. The permanent annual appropriations provided for in section 3 of said act of May 8, 1914, and of acts supplementary thereto are hereby authorized to be increased by an amount necessary to carry out the provisions of this act but without diminishing or increasing the amount which any State is entitled to under the provisions of said act of May 8, 1914, and of acts supplementary thereto.

Mr. CRAMTON (during the reading of the bill). Mr. Speaker, I do not want to cut off anyone who may be interested. I withdraw the request I was about to make.

Mr. BANKHEAD. I renew it, Mr. Speaker. I ask unanimous consent that the further reading of the bill be dispensed with.

Mr. LAGUARDIA. It is a very interesting bill.

Mr. BANKHEAD. Yes; but the gentleman must have some ulterior motive in making that statement.

Mr. LAGUARDIA. If the gentleman wants to know, the gentleman from New York does not want to work all night again. We had unanimous-consent day yesterday and I think you should give us a chance to catch up with our work. know the gentleman wants to be reasonable about it.

I

Mr. BANKHEAD. I want to be entirely reasonable, but the gentleman's leader asked unanimous consent that we go on with the calendar this afternoon.

Mr. LAGUARDIA. We have one hour until 5 o'clock and we can pass a good many bills in that time, but we can not keep up with this calendar if we are going to pass the bills like "rolling the bones."

Mr. REECE. Those amendments will be quite acceptable. Mr. LAGUARDIA. With that understanding, I shall not object.

Mr. BANKHEAD. Reserving the right to object, I call the attention of the gentleman from Michigan [Mr. CBAMTON] to this bill, inasmuch as the gentleman is usually rather solicitous about matters involving additional appropriations.

Mr. CRAMTON. I will say to the gentleman from Alabama, frankly, that that fact, strange as it may seem, has not depressed me. I think there is ample justification for the increased appropriations. I am somewhat disturbed about the idea of giving commissions to bandmasters. I do not believe it is going to work out in a military organization.

Mr. BANKHEAD. I want also to call the attention of the gentleman from New York, who is rather zealous in these matters, to the fact that this bill is directly in the teeth of the opinion of the Secretary of War with reference to the matter suggested by the gentleman from Michigan [Mr. CRAMTON]. Mr. LAGUARDIA. Will the gentleman yield?

Mr. BANKHEAD. Yes.

Mr. LAGUARDIA. Perhaps I should explain that my atti

Mr. LAGUARDIA. I object, Mr. Speaker. bill.

The Clerk concluded the reading of the bill. With the following committee amendments:

66

66

Let us read the

On page 2, line 23, strike out the figures 1929 " and insert "1930." On page 2, line 24, strike out the figures "1930" and insert "1931." On page 2, line 25, strike out the figures 1931 and insert “ 1932.” "1932 On page 3, line 1, strike out the figures and insert " 1933." On page 3, line 2, strike out the figures 1933 and insert " 1934.” On page 3, line 3, strike out the figures "1934" and insert "1935." "1935 On page 3, line 4, strike out the figures and insert “ 1936.” On page 3, line 5, strike out the figures "1936 and insert" 1937." On page 3, line 5, strike out the figures "1937 " and insert "1938." On page 3, line 6, strike out the figures "1938 and insert “ 1939. On page 3, line 7, strike out the figures "1939" and insert "1940.” On page 3, line 8, strike out the figures "1940" and insert "1941." The committee amendments were agreed to.

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That the Secretary of the Navy is authorized, in his discretion, to deliver to the custody of the Louisiana State Museum, of the city of New Orleans, La., for preservation and exhibition the silver bell which was in use on the battleship New Orleans: Provided, That no expenses shall be incurred by the United States for the delivery of such silver bell.

With the following committee amendment:

Page 1, line 6, strike out the word "battleship" and insert the word "cruiser."

The committee amendment was agreed to.

The bill as amended was ordered to be engrossed and read a third time, was read the third time, and passed.

A motion to reconsider the vote by which the bill was passed was laid on the table.

The title was amended,

AMENDMENT OF THE NATIONAL DEFENSE ACT-BANDMASTERS The next business on the Consent Calendar was the bill (H. R. 9373) to amend the act entitled "An act for making further and more effectual provision for the national defense, and for other purposes," approved June 3, 1916, as amended, and for other purposes.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the present consideration of the bill?

Mr. LAGUARDIA, Mr. Speaker, I have one or two minor amendments, which I would like to offer. Page 2, line 21, after the word "commissioned," insert the word "warrant," and on page 3, line 1, after the word "physically," insert the words "and professionally."

father was a bandmaster in the Army 40 years ago, and even in those days they were seeking to obtain the passage of a bill of this kind; and that was at least 40 years ago.

I want to say, gentlemen, that in most of the armies the bandmasters are commissioned officers. It is nothing new. It has been under consideration and under study for the last 40 I have personal knowledge of it, and I am sure it is years. not going to disrupt the Treasury. Unfortunately, no one of my family now derives any benefit from it, but for sentimental reasons I would like to do all that I can for the passage of the bill.

Mr. CHINDBLOM. "Music hath charms to soothe the savage breast." I think it is important to have competent men in charge of the music in the various arms of the military and naval service by reason of the fact

Mr. BANKHEAD. Does the gentleman think the quotation, which is a delightful one, meets the practicable objection urged by the Secretary of War, when he says?—

In the case where band leaders are concerned. Here there is no field of activity extending beyond that of leading the band. It is a circumscribed and definite duty such as that of a warrant officer who is master of an Army mine planter. To place one who performs this definite and specific character in the category of commissioned personnel is to put him in an illogical and unfortunate position unless it is intended to promote him along with other commissioned personnel. If this were done, we might expect to have a colonel leading a regimental band who was senior to the colonel commanding the regiment of which the band is but one of the integral parts.

Mr. CHINDBLOM. Let me say that it requires ability and training of a different order and to some degree of higher order to fill the position of bandmaster than that of some officers.

Mr. LAGUARDIA. Not only that, but one of the functions is to train men and make musicians of them, arrange the-music, and all that, besides leading the band.

Mr. REECE. Let me state that the objection which seems to be in the gentleman's mind

Mr. BANKHEAD. Not in my mind, but the mind of the Secretary of War.

Mr. REECE. The objections of the Secretary of War have been met. This bill does not give the men it creates a new rank. He is not a commissioned officer. So the objection which the gentleman has read in the letter does not obtain as far as the bill before the House is concerned. We purposely rewrote the bill to meet the objections.

Mr. TILSON. What about section 2, which says?

SEC. 2. The limitations now prescribed by law upon the number of commissioned officers of the Army, and the number of commissioned officers in the various grades, are hereby increased to, and only to, the extent necessary to give effect to the provisions of this act. The number of warrant officers authorized by law shall be decreased by the number of warrant officers receiving commissions in pursuance of the provisions of this act.

Mr. REECE. They are bandmasters with the rank and allowance of commissioned officers in a certain grade, but as specified in the second section there shall be created a new rank of bandmaster in lieu of the present warrant officer as band leader. By the enactment of this legislation they will become known as bandmasters of the United States Army.

Mr. TILSON. They will not be subtracted from the sum total of officers allowed under the law?

Mr. REECE. No.

Mr. BANKHEAD. I will ask the gentleman if this is a unanimous report of the committee?

Mr. MORIN. I do not recall any objection to it.
Mr. REECE. It was unanimous.

Mr. BANKHEAD. I do not care to press the objection. I wanted to call attention to the fact that the Secretary of War objected.

The SPEAKER. Is there objection to the consideration of the bill?

There was no objection.

Mr. REECE. Mr. Speaker, I ask unanimous consent to substitute an identical Senate bill (S. 750), and I ask that it be considered in lieu of the House bill, with the amendment to be offered by the gentleman from New York.

The SPEAKER. The gentleman asks unanimous consent to substitute the Senate bill. Is there objection?

There was no objection.

The Clerk read the bill (S. 750), as follows:

Be it enacted, etc., That section 6 of the national defense act of June 3, 1916, as amended, is amended by adding to the end thereof the following:

"In addition there shall be created a new rank of bandmaster in the United States Army in lieu of the present warrant-officer band leaders, who shall be appointed and commissioned bandmasters by the President, by and with the advice and consent of the Senate.

"SEC. 6a. Chief bandmaster: A chief bandmaster shall be selected from among experienced Army bandmasters of the service by the Secretary of War, to serve until relieved by the Secretary of War, and shall have the assimilated rank, pay, and allowances of a major, fourth pay period, while so serving. He is charged with the duty for the uniform administration of the Army Music School and all authorized Army bands, and shall advise The Adjutant General on all matters relating to the musical organizations in the Army.

"SEC. 6b. Bandmasters: Bandmasters hereafter commissioned under the above section shall be entitled to the same benefits in respect to pay. allowances, and retirements as are applicable to commissioned officers of the various grades to which they are assimilated with, as follows: Less than 3 years, first pay period, to rank with second lieutenants; 3 to 10 years, second pay period, to rank with first lieutenants; over 10 years, third pay period, to rank with captains. All prior active bandleader service, commissioned and enlisted, shall be credited toward computing the pay period present band leaders shall receive on first appointment. There shall be one bandmaster for each authorized band of the Army and eight additional bandmasters for duty with the Army Music School as instructors. Appointment as bandmasters shall be made, first, from band leaders now in the service who are found to be physically qualified; second, subject to such examination as the President may prescribe from noncommissioned officers and other enlisted musicians who have had at least 10 years' service in Army bands, with preference to such appointments to qualified graduates of the Army

Music School."

SEC. 2. The limitations now prescribed by law upon the number of commissioned officers of the Army, and the number of commissioned officers in the various grades, are hereby increased to, and only to, the extent necessary to give effect to the provisions of this act. The number of warrant officers authorized by law shall be decreased by the number of warrant officers receiving commissions in pursuance of the provisions of this act.

SEC. 3. This act shall take effect on the first day of the third month next following its enactment.

SEC. 4. This act may be cited as the "Army bands act."

Mr. LAGUARDIA. Mr. Speaker, I offer the following amendment: Page 2, line 20, after the word "commission," insert a comma and the word "warrant."

The bill as amended was ordered to be read a third time, was read the third time, and passed.

A motion to reconsider was laid on the table.
A similar House bill was laid on the table.

RETIREMENT, OFFICERS OF MEDICAL CORPS

The next business on the Consent Calendar was the bill (H. R. 11981) to authorize officers of the Medical Corps to account certain services in computing their right for retirement, and for other purposes.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the present consideration of the bill?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That in computing length of service for purposes of retirement in the case of an officer of the Medical Corps of the Army, active duty performed as a member of the Medical Reserve Corps or as a contract surgeon, acting assistant surgeon, or contract physician, under a general contract obligating him to serve full time and to take station and change station as ordered, shall be credited to the same extent as service under a Regular Army commission.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed. A motion to reconsider the vote by which the bill was passed was laid on the table.

PAVING OF RINGGOLD ROAD, STATE OF GEORGIA

The next business on the Consent Calendar was the bill (H. R. 11724) to provide for the paving of the Government road, known as the Ringgold Road, extending from Chickamauga and Chattanooga National Military Park, in the State of Georgia, to the town of Ringgold, Ga., constituting an approach road to the Chickamauga and Chattanooga National Military Park. The Clerk read the title of the bill.

The SPEAKER. Is there objection to the present consideration of the bill?

Mr. CRAMTON. Mr. Speaker, reserving the right to object, I have certain amendments the gentleman from Georgia [Mr. TARVER] I understand is agreeable to, and with those I have no objection to the bill.

Mr. TARVER. Mr. Speaker, I have not examined the amendments, but I understand they are the same as those proposed in a bill passed not long ago.

Mr. CRAMTON. Yes; on the Lafayette Road bill.
Mr. TARVER. I have no objection.
The SPEAKER.

ation of the bill?

Is there objection to the present consider

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That the Secretary of War is authorized to improve and pave the Government road, known as the Ringgold Road, commencing at the Chickamauga and Chattanooga National Military Park and extending to Ringgold, Ga., in the length of approximately 7.8 miles, for which an appropriation of not to exceed $117.000 is hereby authorized out of any money in the Treasury not otherwise appropriated: Provided, That should local interests desire that said road be improved and paved in such manner as would involve an expendi ture of more than $117,000 the Secretary of War is hereby authorized to expend such sum as may be contributed by said local interests concurrently with the appropriation herein authorized in the imrovement and pavement of said road: Provided further, That no part of the funds herein authorized to be appropriated shall be expended prior to such time as agreements have been made for the conveyance of the Federal jurisdiction over said road, as provided in the act of March 3, 1925 (43 Stat. L. 1104), immediately upon the completion of such improvements as may be made hereunder.

With the following committee amendments:

Page 2, line 8, strike out the words "local interests" and insert in lieu thereof the following: "the State of Georgia or any county or municipality or legal subdivision thereof, or any State or county or municipal highway commission, or equivalent public authority."

Mr. CRAMTON. Mr. Speaker, I offer the following amendment to the committee amendment, which I send to the desk. The Clerk read as follows:

Amendment offered by Mr. CRAMTON as a substitute for the committee amendment: Page 2, strike out lines 8 to 13, inclusive, and insert in lieu thereof the following:

"That no part of the appropriation herein authorized shall be available until the State of Georgia or any county or municipality, or local subdivision thereof, or any State or county or municipal highway commission or equivalent public authority, shall contribute at least an equal amount for the same purpose, and the Secretary of War is hereby."

Page 2, line 17, after the word "road," strike out the rest of line 17 down to and including the word "hereunder," in line 23, and insert in lieu thereof the following: "Provided further, That should the State of Georgia or any county or municipality or legal subdivision thereof, or any State or county or municipal highway commission, or equivalent public authority desire that the position of said road be changed in any particular from the present Government-owned right of way, and should such local authorities acquire title to the land necessary to effect such changes, the Secretary of War may expend the funds herein authorized for the improvement and pavement of such road as changed: And provided further, That no part of this appropriation shall be expended until the State of Georgia, or the counties or municipalities thereof concerned, have obligated themselves in writing to the satisfaction of the Secretary of War that they will accept title to the present Government-owned road, known as the Ringgold Road, and will maintain said road as built under the provisions of the act approved March 3, 1925 (43d Stat. L. 1104), immediately upon the completion of such improvements as may be made under this appropriation."

Mr. CRAMTON. Mr. Speaker, I offer the following amendment to that amendment which I send to the Clerk's desk. The Clerk read as follows:

Mr. CRAMTON offers the following amendment to the second committee amendment: Page 3, strike out lines 8 to 13, inclusive, of the committee amendment and insert in lieu thereof the following: "And provided further, That no part of the appropriation herein authorized shall be expended until the State of Georgia or the counties or municipalities thereof concerned have accepted title to the present Government-owned road, known as the Ringgold Road, and have obligated themselves in writing to the satisfaction of the Secretary of War that they will maintain the same.

The SPEAKER. The question is on the amendment of the gentleman from Michigan.

The amendment was agreed to.

The committee amendment as amended was agreed to.

The bill as amended was ordered to be engrossed and read a third time, was read the third time, and passed.

There was no objection.

The Clerk read the bill, as follows:

Be it enacted, etc., That the Secretary of War be, and he is hereby, authorized to sell upon such terms and conditions as he considers advisable and to make proper deed of conveyance to the Columbia Military Academy, a corporation organized under the laws of the State of Tennessee, all of the title, interest, limitations, conditions, restrictions, reservations, and rights owned and held by the United States of America as defined in Public Act No. 152 of the second session of the Fifty-eighth Congress and in the deed of the United States of America to the lands conveyed therein to the Columbia Military Academy of record in book 105, volume 4, page 495 in the register's office of Maury County, Tenn. Said limitations, conditions, restrictions, reservations, and rights are defined in said public act and deed, as follows:

That the Secretary of War shall be a visitor to said school and have and exercise full rights of visitation, and he shall have the right and authority in his discretion, as the public interest requires, to prescribe the military curriculum of said school and to enforce compliance therewith, and upon refusal or failure of the authorities of said school to comply with the rules and regulations so prescribed by the Secretary of War or the terms of the act he is authorized to declare that the estate of the grantee has terminated and the property shall revert to the United States, and the Secretary of War is authorized thereupon to take possession of said property in behalf of the United States, and shall further reserve to the United States the right to use such lands for military purposes at any time upon demand of the President of the United States.

Said lands to which said limitations, conditions, restrictions, reservations, and rights attach are described as situated in the ninth civil district of Maury County, Tenn., and were formerly used as an arsenal and known as the Columbia Arsenal property, the same com

SALE OF COLUMBIA ARSENAL PROPERTY, TENNESSEE The next business on the Consent Calendar was the bill H. R. 12479, authorizing the sale of all of the interest and rights of the United States of America in the Columbia Arsenal property, situated in the ninth civil district of Maury County, Tenn., and providing that the net fund be deposited in the military post construction fund.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to the present consideration of the bill?

Mr. LAGUARDIA. Mr. Speaker, reserving the right to object, is there any urgency for the passage of this bill to-day? Mr. ESLICK. Yes. It is an urgent matter with the people, because the life of this school is depending upon it.

Mr. LAGUARDIA. What was the idea of the long recital in the whereases in the bill?

Mr. ESLICK. To set out the whole history of the matter. Mr. LAGUARDIA. But that goes out.

Mr. ESLICK. Yes.

Mr. LAGUARDIA. This land was originally given to the Columbia Academy to be used for the purpose specified in the grant.

Mr. ESLICK. No; the citizens of Columbia bought the land and deeded it to the United States Government, and it was used as arsenal property.

Mr. LAGUARDIA. That was in 1888?

Mr. ESLICK. In 1888, and in 1894 the Government by special act of Congress authorized the conveyance of this property to this school corporation, and in the deed there is a reservation that if it should cease to be used for school purposes, then the title shall revert. Then there is the right of visitation by the Secretary of War and the right to prescribe the curriculum. These people have spent more than a hundred thousand dollars in improvements on this property. They have pupils from 38 different States in the Union.

Mr. LAGUARDIA. And what do they want to do now? Mr. ESLICK. They have to go forward with new improvements and buildings, and with this limitation on that title they can not borrow any money.

Hampshire Pike, the Louisville & Nashville Railroad, the Mount Pleasant Pike, and a public road connecting the two pikes above named. All of said limitations, conditions, restrictions, reservations, and rights of the United States of America, whether legal or equitable, vested or contingent, in and to said lands as specified and defined in said public law and deed and belonging to the United States of America will pass to the purchaser under the sale herein authorized,

SEC. 2. The Secretary of War shall have said tract of land appraised, the appraisal being of the land alone and without regard to the buildings thereon; and the Secretary of War shall not sell the rights and interests of the Government herein above defined in said Columbia Arsenal property for a less consideration than the appraised value herein provided for.

SEC. 3. That the proceeds of said sale shall be deposited in the Treasury to the fund known as the military post construction fund after first paying the expenses of and incident to the sale including appraisal fees, but no appraiser shall be paid in excess of $100 for such services as he may render under the terms of this act.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed.

A motion to reconsider the vote by which the bill was passed was laid on the table.

PAY OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE

The next business on the Consent Calendar was the bill (H. R. 12624) to amend section 17 of the act of June 10, 1922. entitled "An act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service," as amended.

The SPEAKER. Is there objection to the present consideration of the bill?

Mr. CRAMTON. Reserving the right to object, Mr. Speaker, I am not familiar with the merits of the bill. I have not studied that. The form of it is very undesirable. I have pre