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nies have been engaged against the common enemy, as may be necessary In performing the duties Imposed on him by this act: Provided further, That the Secretary of the Interior and the Secretary of War shall Include annually In the appropriations estimates for their respective departments the estimated cost for the fiscal year In question of the work required to be performed by their respective departments hereunder.

Sec. 7. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

NORMAN P. ITES, JR.

The bill (H. R. 9612) authorizing and directing the Secretary of the Interior to allow Norman P. Ives, jr., credit on other lands for compliances made in homestead entry, Gainesville, 021032, was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to allow Norman P. Ives, jr., in connection with any homestead entry he may hereafter make upon lands subject to such entry, but not exceeding 40 acres in area, in one or more tracts or parcels of land, credit for such compliance as he may have made with the material requirements of the homestead law In connection with canceled homestead entry Gainesville 021032 for the northeast quarter of the uouthwest quarter of section 5, township 4 south, range 17 east, Florida.

The bill was reported to the Senate without amendment, ordered to a third rending, read the third time, and passed.

HETBS OF NOKBKIL BOUDOU8QUIB

The bill (S. 3954) to quiet title In the heirs of Norbert Boudonsquie to certain lands in Louisiana was considered as in Committee of the Whole. The bill had been reported from the Committee on Public Lands and Surveys with an amendment, to strike out all after the enacting clause and insert the following:

That the Secretary of the Interior be. and he Is hereby, authorized and directed to cause a patent to be issued to the heirs of Norbert Boudousquie, under cash certificate No. 094, dated December 13, 1849, at New Orleans, La., conveying section 64, township 11 south, range 7 east, and section 64, township 11 south, rouge 8 cast, St. Helena meridian, in the former southeastern land district of Louisiana, notwithstanding any excess in area over the front tract on which the right of entry was based.

The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendment was concurred in.

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

Settlers' Claims, Lake Cotjxty, Fla.

The bill (H. R. 5095) authorizing the Secretary of the Interior to equitably adjust disputes and claims of settlers and others against the United States and between each other arising from incomplete or faulty surveys in township 1!) south, range 26 east, and in sections 7, 8, 17, 18, 19, 30, 31, township 19 south, range 27 east, Tallahassee meridian, Lake County, in the State of Florida, was considered as in Committee of the Whole. The bill had been reported from the Committee on Public Lauds and Surveys, with an amendment on page 3, line 23, to strike out the words " but any applicant may elect to proceed under section 1 of this act," and insert in lieu thereof the following:

Provided, That, subject to adverse rights, any person entitled to a preference right to purchase under the provisions of this act may secure under this section lands in his actual possession, whether In a single tract or In surveyed lots, of a maximum area of S4.000 square feet, upon payment therefor at a rate not exceeding $10 for 4,200 square feet, but any applicant may elect to proceed under section 1 of this act: Provided further. That all the provisions hereof applicable to the town of Tavares shall be extended to any other established town within the area affected by this act.

So as to make the bill read:

Be it enacted, etc., That the Secretary of the Interior be, and he Is hereby, authorized to equitably adjust disputes and claims of settlers, entrymen, selectors, grantees, and patentees of the United States, their heirs or assigns, against the United States and between each other arising from Incomplete or faulty surveys In township 19 south, range 26 east, and in sections 7, 8, 17, 18, 19, 30, 31, township 19 south, range 27 east, Tallahassee meridian, Lake County, In the State of Florida, and to Issue directly or In trust as may be found necessary or advisable patent to such settlers, entrymen, selectors, grantees, and patentees, their heirs or resigns, for land claimed through settlement, occupation, purchase, or otherwise In said described area, preserving, as far as he may deem equitable, to those claimants now In possession of public land

the right to have patented to them the areas so occupied: Proni'i, That a charge of not less than the appraised value of the land, cxclufh of any Improvements placed tliereon, be made for each acre or frartioL thereof of Government land patented under tbe provisions of this a<t. except that adjustment may be effected by exchange of lands patent*! for lands substantially equal In area, in which event payment shall N required of the difference in appraised values where the valne of the land owned by tbe Government exceeds that of the land offered la achange: Provided further, That rights acquired subsequent to the wlit drawn! of December 23, 1925, shall not be fecognlzcd or be subject to adjustment hereander.

Sec. 2. That the Secretary of the Interior is authorized to sport any and all conveyances of land and to cause all necessary surreys to be made, to effect the purposes of this act. All adjustments berenndfr shall conform to the approved plats of such survey or resurvey, and on other survey will be recognized.

Sec. 3. That iu fixing the appraised price of such lands the S-f retary of the Interior shall consider and give effect to tbe pwt faith and equities of the occupants of any of the areas found to fa public land; and if the whole or any part of such land be with: the corporate limits of the town of Tavares, the survey of the lot? blocks, streets, and alleys shall be considered as executed under tkf provisions of section 2384, Revised Statutes, but as far as practical',* shall conform to the existing surveys and plats of the lots In «oei town: Provided, That the Secretary may, In his discretion issue a patent to Lake County, Fin., to not exceeding 1 acre upon which it county courthouse Is located, such patent to provide that the land sfia'l revert to the Government of the United States If the county sells an; part thereof or devotes It to any use other than as a site for t courthouse and grouuds.

Sbc. 4. That the provisions of section 2382, Revised Statutes, imodified by sections 2384 and 2385, Revised Statutes, shall extreJ to all areas surveyed as within and a part of the town of Tavart-: Provided, That subject to adverse rights any person entitled to s preference right to purchase under the provisions of this act may under this section lands in his actual possession, whether in a tract or in surveyed lots, of a maximum area of 84,000 square f«t upon paymeut therefor at a rate not exceeding $10 for 4,200 square feet, but any applicant may elect to proceed under section 1 of this act: Provided further, That all the provisions hereof applicable to the town of Tavares shall be extended to any other established town within the area affected by this act,

Mr. KING. Mr. President, I would like to ask the chairman of the committee whether this meets with the approval of tlw persons whose title is in dispute or in litigation?

Mr. NYE. I understand the appeal was made to the department by those who had disputes.

Mr. FLETCHER. Mr. President, I will say to the Senatir that I am thoroughly familiar with the situation. It is in accordance with the recommendation of the department and is satisfactory to the localities concerned.

The amendment was agreed to.

The bill was reported to the Senate as amended, and tie amendment was concurred in.

The amendment was ordered to be engrossed, and the bill t'J be read a third time.

The bill was read the third time, and passed.

GEORGE W. ABBEBGER

The bill (S. 3452) for the relief of George W. Abberpcr was considered as in Committee of the Whole, and was read as follows:

Be it enacted, etc., That the Secretary of the Treasury be. and b? i* hereby, authorized and directed to pay to George W. Abberger ont »' any money In the Treasury, not otherwise appropriated, the sum o' $175, for the loss of a suitcase and contents which was checked on January 28, 1919, with the United States Railroad Administration at Wilmington, Del., to be delivered at Norfolk, Va., and upon which »» excess-baggage charge was paid.

The bill was reported to the Senate without amendment ordered to be engrossed for a third reading, read the third time. and passed.

ELMER J. NEAD

The bill (H. R. 8474) for the relief of Elmer J. Nead w»s considered as in Committee of the Whole, and was read, a* follows:

Be It enaclcd, etc., That the Secretary of the Treasury be, and he 's hereby, authorized and directed to pay, out ol any money in tl« Treasury not otherwise appropriated, the sum of $277.35 to Elmer JNend, In full compensation against the Government for damages sustained as the result of an accident caused by a naval ambulance.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

i \ni.v M. TEMPLE

The bill (S. 443) for the relief of Larry M. Temple was considered as in Committee of the Whole. The bill had been reported from the Committee on Claims with an amendment, oil page 1, line 6, to strike out "$1,113.88" and to insert iu lieu thereof "$1,174.66," so as to read:

Be it enacted, etc., That the Secretary of the Treasury be, and he Is hereby, authorized and directed to pay Larry M. Temple, out or any money in the Treasury not otherwise appropriated, the sum of $1,174.66, as reimbursement in full for hospital and other expenses Incurred on account of Injuries sustained June 11, 1926, at Miami Heach, Fla., by reason of being struck by a bullet fired from a Coast Guard vessel winch was at the tlm'e pursuing an alleged violator of the prohibition laws of the United States.

The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendment was concurred in.

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

FRANCIS SWEENEY

The bill (H. R. 4027) for the relief of Francis Sweeney was considered us in Committee of the Whole, and was read, as follows:

Be it enacted, tic., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money In the Treasury not otherwise appropriated, to Francis Sweeney, formerly an employee in the Hureau of Lighthouses, Department of Commerce, to wit, a seaman on the U. S. lightship No. 58, the sum of $80, the same being in full payment for losses suffered by the said Francis Sweeney by loss of personal property used and reasonably necessary In connection with his official duty on said lightship, which was sunk on December 11, 1905.

The bill was reported to the Senate without amendment, ordered to a third reading, rend the third time, and passed.

STEEL CABS IN THE RAILWAY POST-OFFICE SERVICE

The bill (S. 2107) to provide for steel cars in the railway post-office service was announced as next in order.

Mr. I'lIIPPS. Over.

Mr. DALE. Mr. President, did some one object?

Mr. PHIPPS. I made objection to the consideration of the bill.

Mr. DALE. I do not want to undertake to argue with the Senator from Colorado.

Mr. PHIPPS. I was not sure that the amendment now in the bill met with the full approval of the committee. If that is the fact, I have no objection.

Mr. DALE. The amendment has been approved, and is on the clerk's desk and reported with the bill.

Mr. PHIPPS. I find upon reading the report that thr.t is correct, but I think we are going rather rapidly. We rea'ly have not had time properly to look up amendments and other items in the bill.

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill, which had been reported from the Committee on Post Offices and Post Roads with amendments.

The amendments were, on page 1, line 3, to strike out "January" and insert "March,"; and on page 3, line 4, after the word "Provided," to strike out the following: "That after January, 1930, no apartment railway post-oflice car of other than steel or steel underframe construction may be operated !>y any independent short-line railroad in trains in which any other steel or steel underframe equipment is operated" and insert in lii'ii thereof the following: "That the provisions of this act shall not apply to trains operated upon branch lines, or to trains operated upon independent short-line railroads, or to trains operated uixin narrow-gauge railroads, or to trains operated upon electric railroads.", so as to make the bill read:

Be it enacted, etc., That after March, 1030, all cars or parts of cars, except as hereinafter provided, used for railway post-office service shill be of steel construction and of .such style, length, and character, ami furnished in such manner as shall be required by the 1'ostmaster Gfii'ral, nnd shall be constructed, fitted up, maintained, heated, lighted, and cleaned by and at the expense of the railroad companies. No railroad company shall be permitted to operate any railway post-office car which is not equipped with sanitary drinking-water containers ami toilet facilities, nor unless such car is regularly and thoroughly cleam d. Kuilroad companies shall place railway post-office cars in stations Tur "Be In advance distribution before the departure of trains at such tl:nc as may be ordered by the Postmaster General: Prodded, That the provisions of this act shall not apply to trains operated upon branch lines, or to trains operated upon independent short-line railroads, or to trains

LXIX 523

operated upon narrow-gauge railroads, or to trains operated upon electric railroads.

The amendments were agreed to.

The bill was reported to the Senate as amended, and the amendments were concurred in.

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

AMENDMENT OP CHAPTEB 137, THIRTY-NINTH UNITED STATES STATUTES AT LARGE

The bill (H. R. 158) to amend chapter 137 of volume 39 of the United States Statutes at Large, Sixty-fourth Congress, first session, was considered as in Committee of the Whole, and was read, as follows:

Be U enacted, etc., That the sentence in lines 17 to 20, page 220 of volume 39, United States Statutes at Large, chapter 137, Sixty-fourth Congress, first session, reading Hs follows: "The timber thus purchased may be cut and removed by the purchaser, his heirs or assigns, within such period as may be fixed by the Secretary of the Interior, which period shall be designated in the patent," be amended to read as follows: "The timber thus purchased may be cut and removed by the purchaser, his heirs or assigns, within such period and under such rules, regulations, and conditions as may be prescribed by the Secretary of the Interior, which period and conditions shall be designated iu the patent.1'

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

SALE OF TIMBER, OREGON & CALIFORNIA RAILROAD, ETC.

The bill (II. R. 8307) amending section 5 of the act approved June 9, 1916 (39 Stat. L. 218), so as to authorize the sale of timber on class 3 of the Oregon & California Railroad and Cm>s Bay wagon-road grant lands was considered as in Committee of the Whole, and was read, as follows:

Be it enacted, etc., That section 5 of the act of June 9, 1916 (39 Stat. L. 218), and as amended and extended by section 3 of the act of February 26, 1919 (40 Stat. L. 1179), be, and the same is hereby, amended by adding thereto the following paragraph:

"And provided further, That the Secretary of the Interior may, in his discretion and in the manner now provided for the sale of timber on lands of class 2, sell the timber on any of the lands of class 3 which nt the time application to purchase the timber Is filed have been subject to entry for a period of at least two years and are not embraced iu an application or entry, such sale of the timber not to preclude the disposal of the land under laws applicable thereto, subject to the right of the purchaser of the timber to cut and remove the same."

The bill was i-eporfed to the Senate without amendment, ordered to a third reading, read the third time, and passed.

PURCHASE OF LAND IN LOUISIANA

The bill (II. R. 9508) to authorize the purchase at private sale of a tract of land in Louisiana, and for other purposes, was considered as in Committee of the Whole, and was read, as follows:

Be it cnacteil, etc., That the Secretary of the Interior be, and he Is hereby, authorized to allow the persons or corporation, in possession and having the bona tide equitable ownership thereof, to purchase at private sale, at the rate of $1.25 per acre, section 58 in township 12 south of range 14 east, Louisiana meridian, Louisiana, containing 39.80 acres.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

YELLOWSTONE FOREST RESERVE

The bill (H. R. 7940) to repeal an net entitled "An act to extend the provisions of the homestead laws to certain lands in the Yellowstone forest reserve, approved March 15, IVKXi, was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the act entitled "An act to extend the provisions of the homestead laws to certain lands in the Yellowstone forest reserve," approved March 13, 10UG. Thirty-fourth 1'nitcd States Statutes at Large, page 62, be, nnd the same Is hereby, repealed: Frortilcil, That the passage of this act shall In nowise affect valid existing rights.

Mr. KING. Mr. President, I have had a letter making objection to the bill. I know nothing about it. The information was to the effect that it was an invasion or might prove to be an invasion of lands set apart for Yellowstone Park and might interfere with the development of the park and making objection to it.

Mr. WALSH of Montana. Mr. President, the bill does not refer to Yellowstone Park. It has reference to the Yellowstone forest reserve and not to the park at alL

Mr. KING. Then I have no objection to Its passage. The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

DEPORTATION OF CERTAIN ALIEN SEAMEN

The bill (S. 717) to provide for the deportation of certain alien seamen, and for other purposes, was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That this act may be cited as the "Allen seamen art of 1026."

Sec. 2. Every alien employed on board of any vessel arriving In the United States from any place outside thereof shall be examined by an Immigration inspector to determine whether or not he (1) Is a bona fide seaman, and (2) Is an alien of the class described in section 7 of this act; and by a surgeon of the United States Public Health Service to determine (3) whether or not he is suffering with any o( the disabilities or diseases specified In section 35 of the Immigration act of 1017.

Sbc. 3. Unless such alien was shipped In a port In continental United Stales prior to the passage of this act, then If it Is found that such alien Is not a bona fide seaman, he shall be regarded as an immigrant and Immediately be ordered removed from the vessel to an Immigration station; and the various provisions of this act and of the immigration laws applicable to immigrants shall be enforced In his case. From a decision holding such alien not to be a bona fide seaman the alien shnll be entitled to appeal to the Secretary of Labor, and on the question of his admissiblllty as an Immigrant he shall be entitled to appoal to said Secretary, except where exclusion la based upon grounds nonappealnble under the Immigration laws. If found Inadmissible, such alien shall be deported, as a passenger, on a vessel other than that by which brought, at the expense of the vessel by which brought, and t!ie vessel by which brought shall not be granted clearance until such expenses are paid or their payment satisfactorily guaranteed.

SEP. 4. If it Is found that such alien Is subject to exclusion under section 7 of this act, the inspector shall give immediately order to the master to remove such alien together with his effects and wages, if any. to an Immigration station, and such alien shall then be deported in accordance with the provisions of said section 7.

Sec. 5. If It is found that, although a bona fide seaman, such alien la afflicted with any of the disabilities or diseases specified In section 35 of the immigration act of 1917, disposition shall be made of his case In accordance with the provisions of the act approved December 26, 1920, entitled "An act to provide for the treatment In hospital of diseased alien seamen."

Sec. 6. All vessels entering ports of the United States manned with crews the majority of which, exclusive of licensed officers, have been encaged and taken on at foreign ports shall, when departing from the United States ports, carry a crew of at least equal number, and any such vessel which fails to comply with this requirement shall be refused clearance: Provided, however, That such vessel shall not be required when departing to carry In the crew any person to fill the place made vacant by the death or hospitallzatlon of any member of the incoming crew.

Sec. 7. No vessel shall, unless such vessel Is In distress, bring Into a port of the United States as a member of her crew any alien who if he were applying for admission to the United States as an immigrant would be subject to exclusion under subdivision (c) of section 13 of the Immigration act of 1924, except that any ship of the merchant marine of any one of the countries, Islands, dependencies, or colonies Immigrants coming from which are excluded by the said provisions of law, shall be permlted to enter ports of the United States having on board In their crews aliens of said description who are natives of the particular country, island, dependency, or colony to the merchant marine of which such vessel lielongs. Any alien seaman brought Into a port of the United States In violation of this provision shall be excluded from admission or temporary landing and shall be deported either to the place of shipment or to the country of his nativity, as a passenger, on a vessel other than that on which brought, at the expense of the vessel by which brought, and the vessel by which brought shall not be granted clearance until such expenses are paid or their payment satisfactorily guaranteed.

Sue. 8. This act shall take effect on July 1, 1928.

The bill was reported to the Senate without amendment, ordered to be. engrossed for a third reading, read the third time, and passed.

Mr. BINGHAM subsequently sajd: Mr. President, I ask unanimous consent that the vote by which the bill (S. 717) to provide for the deportation of certain alien seamen, and for other purposes, was passed be reconsidered and that the bill take its place on the calendar.

Mr. KING. Does the Senator insist on having that action taken?

Mr. BINGHAM. I have received several letters in opposition to the bill which I have not had time to study. I shall be very glad to go over them with the Senator.

The VICE PRESIDENT. Without objection, the vote by which the bill was ordered to a third reading and passed are reconsidered, and the bill will take its place on the calendar.

BILL PASSED OVER

The bill (S. 5S4) for the relief of Frederick D. Swank wa> announced as next in order.

Several Senators. Over.

The VICE PRESIDENT. The bill will be passed over.

Mr. JONES. Was objection made to the consideration of tlw bill?

The VICE PRESIDENT. Objection was made, and the bill went over.

Mr. HOWELL. Over.

Mr. JONES. Mr. President, will the Senater withhold his objection for a moment?

Mr. HOWELL. I am willing to do so.

Mr. JONES. The Senator is chairman of the Claims Committee. I do not know whether he bases his objection on what was presented to his committee. If so, I may not be able to change the Senator's mind to-night.

Mr. HOWELL. I think it will not be practicable to dispose of the bill to-night.

Mr. JONES. The Senator thinks from what he learned of the bill lu his committee that it ought to go over?

Mr. HOWELL. Yes.

The VICE PRESIDENT. The bill will be passed over.

SMITH TABLET CO.

The bill (H. R. 4303) for the relief of the Smith Tablet Co., of Holyoke, Mass., was considered as in Committee of the Whole, and was read, as follows:

Be it enacted, etc., That the Secretary of the Treasury Is anthorlwd and directed to pay, out of liny money in the Treasury not otherwise appropriated and in full settlement against the Government, the sum of $150 to the Smith Tablet Co.. of Holyoke, Mass., as reimbursement for the cost of remaking an appraisal and appraisal book necessitated by the loss of the original appraisal book by the Bureau of Internul Revenue. Treasury Department, during the examination of the accoontl of the said company for Income-tax purposes.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

M'ateer Shipbuilding co. (inc.)

The bill (H. R. 5935) for the relief of the McAteer Shipbuilding Co. (Inc.) was considered as in Committee of the Whole, and was read, as follows.

Be it enacted, etc., That the Secretary of the Treasury be, and be Is hereby, authorized and directed to pay, out of any money In the Treasury not otherwise appropriated, the sum of $50,000 In full settlement of all claims of the McAteer Shipbuilding Co. (Inc.), against the United States for losses and damages growing out of and suffered under a contract dated June 30, 1917, for the construction of the steamer El Aquario.

Mr. KING. Mr. President, I would like to Inquire why this claim was not referred to the Court of Claims?

Mr. JONES. Mr. President, I think probably the report of the committee will indicate to the Senator. Suit was brought in the Court of Claims to recover $254.000 occasioned by the alleged breach of contract. On May 14, 1927, the Attorney General submitted for the consideration of the Secretary of War an offer by the attorney for the plaintiff to settle the claim against the Government by payment of $50,000. which proposal the Attorney General was advised the War Department was willing to accept as in the best interest of the Government, provided, of course, he concur therein. Subsequently the Attorney General advised the department that after careful review of the facts the Department of Justice was of the opinion that such settlement was in the interest of the Government. Both the Department of Justice and the War Department )>elieve such a disposal of the matter would adequately meet the equities involved in the claim and would result in a material saving to the Government, Including considerable expense from litigation. Upon that recommendation the House passed the bill and the Committee on Claims has made the report.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

R. S. HOWARD CO.

The bill (S. 3743) for the relief of C. N. Markle was considered as in Committee of the Whole. The bill had been reported from the Committee on Claims with an amendment, on page 1, line 6, to strike out "$81,376.43" and insert in Ueu thereof "$20,827.51," so as to make the bill read:

Be it enacted, etc., That the Secretary of the Treasury Ja authorized and directed to pay to K. S. Howard Co., of New York, N. Y., out of any money In the Treasury not otherwise appropriated, the sum of $20,827.51 in full satisfaction of all claims against the United States for damages and loss resulting from compliance with United States Navy commandeer order No. N-3255, dated June 18, 1018.

The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendment was concurred In.

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

C. W. MARKLE

The bill (S. 3743) for the relief of C. N. Markle, was considered as in Committee of tlie Whole, and was read, as follows:

Wherens the steamship Mosella sailed from London, England, on or nliout .Inly 21, 1022, bearing a "shipment of shotgun cartridges consigned to the said C. N. Markle; and

Whereas tlie said steamship Mosella was due to arrive In the port of New Orleans, La., on or about the 1st day of August, 1922. but failed to arrive in said port till the 23d day of September, 1922, owing to orders Issued by the United States Shipping Board; and

Whereas the rate of duty on said shotgun cartridges under the tariff act of 11)13 was 15 per cent ad valorem, but was increased by the tariff net of September 22, 1922, to 30 per cent, and duty was taken on said shipment under the provisions of said tariff act of September, 1922: Now, therefore,

Be it enacted, etc., That the Secretary of the Treasury be, and he Is hereby, authorized and directed to determine the amount taken in duty on a certain shipment of shotgun cartridges shipped from London, England, to C. N. Markle, at Houston, Tex., and entered In the port of New Orleans, La., in excess of the amount which should have been taken if the said shipment had arrived prior to September 22, 1922, and bad been assessed for duty under the provisions of the tariff act of 1913 at 15 per cent ad valorem.

8«c. 2. That when said amount has been determined, refund thereof to said C. N. Markle, of Houston, Tex., shall be made, and the appropriation of an amount sufficient to make said refund Is hereby authorized out of any moneys in the Treasury of the United States not otherwise appropriated.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

The preamble was agreed to.

NATIONAL FOREST LANDS IN MONTANA

The bill (S. 1511) for the exchange of lands adjacent to National Forests in Montana was considered as in the Committee of the Whole, and was read, as follows:

He it enacted, etc., That the provisions of the act of March 20, 1922 (42 Stat. L. 465), entitled "An act to consolidate national forest lands," are hereby extended to Include any suitable lands In the State of Montana situated within 6 miles of a national forest boundary. Lands conveyed to the United States under this act shall, upon acceptance of title, become parts of tbe national forest nearest to which they arc situated.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

BOISE NATIONAL FOREST, IDAHO

The bill (S. 1577) to add certain lauds to the Boise National Forest, Idaho, was considered as in Committee of the Whole, and was read, as follows:

Be it enacted, etc., That any lands within the following described areas found by the Secretary of Agriculture to be chiefly valuable for the production of timber or the protection of stream flow, may with the approval of the Secretary of the Interior, be included within and made a part of the Boise National Forest by proclamation of the President, subject to all valid existing claims, and the said lands shall hereafter be subject to all laws affecting the national forests:

The west half of section 2; all of sections 3. 4, 5, 6, 7, 8, 9, 10; the west half of section 11; all of sections 15, 10, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and 34, In township 4 south, range 2 west, of the Boise meridian, State of Idaho. All of township 4 south, range 3 west, of the Boise meridian, State of Idaho. All of what will he when surveyed of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26. 27, 28, 29, and 30. in township 4 south, range 4 west, Boise meridian. State of Idaho. All of sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 20, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 30, township 5 south, range 4 west. Boise meridian, State of Idaho. All of eectlong i, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 1C, 17, 18, 19,

20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 3G, township 5 south, range 3 west, Boise meridian. State of Idaho. All of sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17. 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and 34, township 5 south, range 2 west, Boise meridian, State of Idaho. All of sections 2, 3, 4, 5, 6, 7. 8, 9, 10, 11, 14, 15, 16. 17, 18, 19, 20, 21, 22, 23, 20, 27, 28, 29, 30, 81, 32, 33, 34, and 35, in township 0 south, range 2 west, Boise meridian, State of Idaho. All of township 6 south, range 3 west, Boise meridian, State of Idaho. All of township 6 south, range 4 west, Boise meridian, State of Idaho.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

IDAHO NATIONAL FOREST, IDAHO

The bill (S. 1578) to add certain lands to the Idaho National Forest, Idaho, was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc.. That the following-described areas he, and tlie same are hereby. Included In and made a part of the Idaho National Forest, subject to all prior adverse rights; and that said lands shall hereafter be subject to all laws affecting national forests: All township 23 north, ranges 2 and 3 cast, and that part of the west half of township 24 north, range 4 east, which is not already included in the Nez Perec National Forest; ail Boise meridian.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

BILL PASSED OVER

The bill (H. R. 5894) for the relief of the State Bank & Trust Co. of Fayetteville, Tenn., was announced as next iu order. Mr. HOWELL. Over. The VICE PRESIDENT. The bill will be passed over.

JOSEPH F. THORPE

The bill (S. 382) for the relief of Joseph F. Thorpe was considered as in Committee of the Whole, and was read, as follows:

Be it enacted, etc., That there Is appropriated, out of any money In the Treasury not otherwise appropriated, the sum of $1,300 to reimburse Joseph P. Thorpe, formerly clerk at the American Legation at Athens, for expenditures Incurred In accompanying (Jarrett Droppers, formerly United States minister to Greece, then under physical disability, to the United States, pursuant to instructions of the State Department.

The bill was . reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

FEDERAL OFFICIALS AND EMPLOYEES, ALASKA

The bill (S. 4257) to authorize the payment of certain salaries or compensation to Federal officials and employees by the treasurer of the Territory of Alaska was considered as in Committee of the Whole.

Mr. BINUHAM. Mr. President, I have received from the Secretary of tlie Interior a copy of a telegram from the Governor of Alaska, who asks a slight amendment to the bill, which I send to the desk and ask to have read.

The VICK PRESIDENT. The clerk will read the proposed amendment

The Chief Clzbk. On page 2, line 4, after the word "purposes" to strike out the period and insert a comma, and after the quotation mark to insert "aud amendments thereto" and a period, so as to make the bill read:

Be it enacted, etc., That any salaries to United States officials or employees of the United States Government In Alaska, appropriated by the Alaska Territorial Legislature, session of 1927, may he paid to such United States officials or employees of the United States hy 'he treasurer of Alaska up to and including the date of March 31, 1929, any Federal law to the contrary notwithstanding: Provided, That subsequent to March 31, 1929, all appropriations by the Alaska Territorial Legislature shall be in conformity with the provisions of the act of Congress approved August 24, 1912, entitled "An act to create a legislative assembly In the Territory of Alaska, to confer legislative powers thereon, and for other purposes," and amendments thereto.

The amendment was agreed to.

The bill was reported to tlie Senate as amended, and the amendment was concurred in.

The bill was offered to be engrossed for a third reading, rend the third time, and passed.

Mr. BINGHAM. I ask that the letter from the Secretary of the Interior may be printed in the Record nt this point.

The VICE PRESIDENT. Without objection, it is so ordered. The letter is as follows:

The Skckktary Op Thb Interior,

Washington, May 8, 19tS. Hon. Hiium Bixgham,

Chairman Vommittee on Tcrrttorict and InnuJar Possessions,

United Utatcn Senate.

Mi' Dk.ar Senator Bin-cham: Your letter of May 1, 1928, has been received, inclosing with request for expression of views thereon Senate bill 42.~>7 entitled "A 1>1I1 to authorize the payment of certain salaries or compensation to Federal officials and employees by the treasurer of the Territory of Alaska."

The bill in question was referred for consideration to lion. George A. i'arks, Governor of Alaska, who, under date of May 5, 11)28, telegraphed as follows:

"Your wire 4th. Proposed bill will meet situation and enable Territory pay salaries as has been done since first session of legislature. Suqgi st following he added: 'and amendments thereto.' See amendment approved August 20, 1914. Urge favorable report, as proposed bill will meet objections raised and enable next legislature to make provisions to meet future situations."

In accordance with the governor's suggestion, I have to recommend that after the word "purposes," line 4, page 2, the words "find nmendiuents thereto" be added, and, as so amended, the bill be given favorable consideration.

The facts necessitating the legislation contemplated In the bill are fully set forth in House Report No. 800. Seventieth Congress, first session, being a report oil a somewhat similar bill, a copy of which is herewith transmitted. Very truly yours,

in I:ki; r Work.

GRANT OF LANDS AT BATON BOVOE, LA.

The 1)111 (S. 3537) providing for the confirmation of grant of limds formerly the United States barracks at Baton Rouge, La., to the board of supervisors of the Louisiana State I'nivcrsily and Agricultural and Mechanical College, was considered as in Committee of the Whole. The bill had been reported from the Committee on Public Lands and Surveys with mi amendment on page 2, line 17, after the word " College" to insert the word "and," and in line 18, after the word "college" to insert the following: "excepting from the force and effect of this act the parcel of ground containing about 2.45 acres granted to the Roman Catholic congregation of St. Joseph's Church of the city of Baton Kongo, by act of Congress approved September 30, 1S90 (20 Slats. 503); and further excepting that portion of land that lies westward of a line 100 feet east of the center of (he railroad tract of the Louisville, New Orleans & Texas Railroad Co.: Proritlcd, That if the said railroad company shall cease to use and occupy such land il shall thereupon become subject to all the provisions of this act." so as to make the bill read:

Be it rnnclc't, etc., That the patent Issued by the United States General Land Office to the board of supervisors of the Louisiana State University and Agricultural and Mechanical College in trust for the Louisiana State University and Agricultural and Mechanical College under date of February 20. 1903, by virtue of the authority conferred by an act of Congress approved April 28, 1902, entitled "An act providing for the transfer of the title to the military reservation at Baton Kongo, La., to the Louisiana State University and Agricultural and Mechanical College," which conveyed full and complete title to the buildings and grounds of the United States barracks at Raton Rouge, La., for the purpose of said university and college, being sections 44 and 71 of township 7 south, range 1 west, St. Helena meridian, State of Louisiana, containing 211.56 acres, be, and the same Is hereby, approved and confirmed, and the right of the board of supervisors of tlie Louisiana State University and Agricultural and Mechanical College to sell or lease any of the said grounds or buildings in its development of said university is fully recognized, the proceeds to form part of the funds of the said Louisiana State University and Agricultural and Mechanical College and to be used for the purposes of said university and college, excepting from the force and effect of this act the parcel of ground containing about 2.45 acres granted to the lioman Catholic congregation of St. Joseph's Church of the city of Baton Kouge, by act of Congress approved September 30, JK90 (2(1 Stat. 503) ; and further excepting that portion of land that lies westward of a line 100 feet enst of the center of the railroad tract of the Louisville, New Orleans & Texas Railroad Co.: Provided, That If the said railroad company shall cease to use and occupy such laud It shall thereupon become subject to all the provisions of this act.

The amendment was agreed to. •

The bill was reported to the Senate as amended, and the amendment was concurred in.

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

The bill was read the third time and passed.

St. Joseph's Bouan Catholic Chtocii, Baton Rouge, L.v.

The 1)111 (S. 3020) granting certain land to the Roman Catholic congregation of St. Joseph's Roman Catholic Church of incity of Baton Kongo, La., was considered as in Committee of the Whole. The bill had been reported from the Committee "si Public Lands and Surveys with amendments on page 1. line 3. after the word "the," to strike out the words " Unman Catholic congregation" and insert the word "congregation": in line <"i. to strike out the words "city of" and insert the words "jiarish of Kast ": in line 10, to strike out the words " Roman Catholic congregation" and insert the word "congregation"; on page 2. line 5. to strike out the name "Hansey" and insert the iiami' "Hausoy " : on page 6, strike out the name " Hansey " and ins.Tt the name " Hausey "; in line 13. after the word "Baton," strike out the word "Rogue" and insert the word "Rouge ": in line 14. after the numerals "1890." strike out the words "and the Secretary of the Interior is authcn-ized and dim-ted to execute a quitclaim deed to said land in accordance with the provision* of this act," and insert in lieu thereof the following: "and tinSecretary of the Interior, after such survey as he may dt-em necessary, shall, as a further evidence of title, direct the i>>uauce of a patent in accordance with the provisions of this act," so as to make section 1 read:

Be it rnartrd, etc.. That there Is hereby granted to the congregation of St. Joseph's Roman Catholic Chnrrh in the Parish of Kast Baton Rouge, La., all the proprietary right, title, and interest of the United States to and in that certain tract of land in the Uniti>d States reservation or garrison grounds in the city of Baton Rouge. La., formerly u* d as a graveyard or burial ground by the congregation of St. Joseph's Church of said city in the parish of East Baton Rouge, which is not Included In any of the lots or streets of said city, but lies on North Street and between Uncle Sam Street and the lot of the private property of II. E. Hausey, measuring 214.5 American measure, on line at said Hausey, running north by a depth of 407 feet, more or less, running east to the west line of Uncle Sam Street between parallel lines, and containing approximately 2.4f> acres, as described In the act entitled "An act to provide for the disposal of a portion of the United St»t«i military reservation at Baton Rouge, La_" approved September 30. 1890. and the Secretary of the Interior, after such survey as he may deem necessary, shall, as a further evidence of title, direct the issuance of » patent in accordance with the provisions of this act.

The amendment wns agreed to.

The next amendment of the Committee on Public Lands and Surveys was, on page 2, line 21, strike out section 2 and insert in lieu thereof the following:

Sec. 2. That the provision " unless hereafter required by the Secretary of War for the use of the United Slates for military purposes" be. an<l it.is hereby, stricken from the act of September 30, 18!iO (2(i Stat. 5031. and any implied conditions of reversion of title to the (iovernment <>f the United States contained in said act be, nud the same are hereby, repealed, it bring the purpose and intent of this act to grant to the congregation of St. Joseph's Roman Catholic Church, of Raton Rougi", La., free from restriction, reservation, or condition, full and complete title in and to the lands described in section 1 hereof.

The amendment was agreed to.

The bill was reported to the Senate as amended, and (be amendments were concurred in.

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

The title was amended so as to read: "A bill granting certain land to the congregation of St. Joseph's Roman Catholic Church in the parish of East Baton Rouse, La."

WITHDRAWAL OF LANDS IN MONTANA

The bill (II. R. SI 10) withdrawing from entry the northwest quarter section 12, township 30 north, range 19 east. Montana meridian, was considered as in Committee of the Whole. Tlic bill had been reported from the Committee on Public Lands and Surveys with an amendment on page 2, after line 2, to insert the following:

Sec. 3. That the lands hereby withdrawn from entry sbnll be designated and known as the Chief Joseph Battle Ground of the Bear's 1'aw.

So as to make the bill read:

Be it enacted, etc., That the northwest quarter section 12. township 30 north, range 10 east, Montana meridian, is hereby withdrawn from all forms of entry under the public land laws of the United States, for the purpose of preserving the site of the battle between Nez Penes Indians under Chief Joseph and the command of Nelson A. Miles.

Sec. 2. That the Secretary of the Interior is hereby authorized to enter into an agreement with the State of Montana, or Illaine County Mont., or citizens of Montana, or either or any of them, for the car< and upkeep of the herein-described lauds.

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