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In 1894 a law was placed on the statute books which gave the President the power to create ambassadorships when other countries wanted to make mutual exchanges of ambassadors. In accordance with this act of Congress President Cleveland, in 1894, appointed ambassadors to Great Britain, France, Italy, and Germany. However, that law was repealed by the Congress on February 23, 1909, and in its place the Congress enacted the law of March 2, 1909, referred to above, that "No new ambassadorships shall be created unless the same shall be provided for by act of Congress."

It is not the purpose of this report to discuss the constitutionality of the existing statute, which necessarily must be assumed to be constitutional unless found otherwise by the Supreme Court of the United States, nor is it the purpose of this report to consider the interpretation of section 2, Article II, of the Constitution, referring to the power of the Executive over appointments, which is subject to extended controversy and can be settled only by a decision of the Supreme Court of the United States.

The Republic of Poland stands fifth among the European nations in population, and there is no nation in Europe which has a more friendly and cordial feeling toward the United States than Poland for the aid given by the American delegates at the Peace Conference toward the establishment of the present Republic of Poland. In addition, there are in this country several millions of American citizens of Polish origin who have done much to promote the development and progress of our own country.

The names of two American Presidents, Woodrow Wilson, who stood firmly at the Paris Peace Conference for the establishment of a strong, free, and independent Poland, and of Herbert Hoover, who rushed vast quantities of food supplies to the starving Polish people after the armistice, are held in the highest honor by the Government and people of Poland.

The memory of the valiant and distinguished services of two Polish patriots, Gen. Casimir Pulaski, who was killed at the Battle of Savannah, and Gen. Thaddeus Kosciusko, who was the engineer who built the defenses at West Point during the Revolutionary War, has been a strong bond between the Polish and American people for the last 150 years.

It is only fair and right that we should recognize the freedom and independence of the Polish people by exchanging ambassadors with the present well-established and powerful Republic of Poland.

2d Session

No. 199

TO ERECT A MONUMENT IN MEMORY OF DECEASED INDIAN CHIEFS

JANUARY 15, 1930.-Referred to the House Calendar and ordered to be printed

Mr. WILLIAMSON, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany H. R. 7881]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 7881) authorizing the Secretary of the Interior to erect a monument as a memorial to the deceased Indian chiefs of the Cheyenne River Sioux Tribe of Indians, having considered the same, report thereon with a recommendation that it do pass without amendment, except as to the title, which should be amended so as read as follows:

A bill authorizing the Secretary of the Interior to erect a monument as a memorial to the deceased Indian chiefs and ex-service men of the Cheyenne River Sioux Tribe of Indians.

The Cheyenne River Indians of South Dakota have for some time been anxious to have a memorial erected to commemorate the various Indian chiefs of that tribe who have passed on up until the present time. This movement took tangible form during the fall of 1929, at which time the representative council of the tribe passed a resolution requesting their Representative in Congress to introduce such a bill. A bill to carry out the resolution of the council was introduced as H. R. 4954 and forwarded to them for their consideration by the Representative in Congress from the district in which the reservtion lies. This bill was brought before the Tribal Council on October 9, 1929, at which time the council approved of the bill but passed a resolution asking that the bill be amended so as to include the young men of the tribe who joined the expeditionary forces of the United States Army and later lost their lives in the late war with Germany. Upon the receipt of this resolution, together with the request to either amend H. R. 4954 or introduce a new bill so as to include the ex-service men of the tribe, H. R. 7881 was intro

duced to include such ex-service men and is the bill now reported by your committee.

Only the small amount of $1,500 is asked for as a contribution from the tribal fund. Those Indians upon the reservation who are interested in the movement have promised to haul the necessary bowlders and perform the rough work in connection with the memorial in order that a suitable monument may be realized from the small appropriation made. These Indians are greatly interested in the memorial, and in view of the fact that they have asked that it be paid for out of their own funds it would seem highly appropriate to permit them to have such a memorial constructed.

The bill proposing to erect a memorial to the deceased Indian chiefs of the tribe has the approval of the Secretary of the Interior, and his letter, together with a memorandum submitted by C. J. Rhoads, Commissioner of Indian Affairs, is attached hereto and made a part of this report. It is the understanding of the committee that the bill as reported is satisfactory to the Secretary.

Hon. SCOTT LEAVITT,

DEPARTMENT OF THE INTERIOR,
Washington, December 27, 1929.

Chairman Committee on Indian Affairs,

House of Representatives.

MY DEAR MR. CHAIRMAN: In further response to your request of November 20, for a report on H. R. 4954, which would authorize the erection of a monument to commemorate the deceased Indian chiefs of the Cheyenne River Indians of the State of South Dakota at tribal expense, I transmit herewith a memorandum on the subject from the Commissioner of Indian Affairs. After a review of the measure, I concur with Commissioner Rhoads in his recommendation that the bill be enacted into law.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

Memorandum for the Secretary.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, December 3, 1929.

This will refer to H. R. 4954, authorizing an appropriation of $1,000 from tribal funds to erect a monument in memory of the deceased chiefs of the Cheyenne River Tribe and the Indians who lost their lives in the World War. This project originated with the Indians themselves and was approved at the council meeting held in October. I appreciate their desire to commemorate in this way the services of their former chiefs and the members of the tribe who lost their lives in the World War, and therefore recommend the enactment of the bill.

O

C. J. RHOADS, Commissioner.

BRIDGE ACROSS MISSOURI RIVER AT NIOBRARA, NEBR.

JANUARY 16, 1930.-Referred to the House Calendar and ordered to be printed

Mr. MILLIGAN, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 5573]

The Committee on Interstate and Foreign Commerce, to whom. was referred the bill (H. R. 5573) to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Niobrara, Nebr., having considered the same, report thereon with an amendment, and, as so amended, that it pass. Amend the bill as follows:

Line 7, after the figures "1928," insert the words "and extended by act of Congress approved March 4, 1929,"; and after the word "hereby" insert the word "further".

The Hon. Edgar Howard, who introduced this bill, has submitted the following information with respect thereto:

Hon. EDGAR HOWARD,

NEBRASKA-DAKOTA BRIDGE CORPORATION,
December 19, 1929.

Member of Congress, Washington, D. C.

DEAR MR. HOWARD: I have your letter of the 16th in which you ask for information regarding an extension on the bridge bill.

I am pleased to answer these questions for you.

Q. Why the necessity for this extension of time?-A. The permit expires May, 1930. It will be impossible to do any work in the Missouri River until after the June rise. This high flood stage is not over until about the last of June. Since the permit requires that work must be started prior to that time, we are afraid that because of conditions over which we have no control will prevent us from carrying out our plans unless we have an extension of time. One year would not be required; six months would be enough.

Q. What work has been done under charter heretofore granted?-A. (1) All preliminary surveys were made; (2) company incorporated under laws of Delaware, domesticated in Nebraska and South Dakota; (3) final soundings made and plans were drawn for the bridge; (4) approval of location and plans granted by War Department July, 1929; (5) financing was arranged and would have been completed by December 1 but is delayed because of the stock market, but should be completed by April, 1930.

Q. Why has work been delayed?-A. Work has not been delayed. After the War Department gave us a permit and approved our plans, it was necessary to make our final soundings and have the final draft of the plans made. We did not receive approval of the location or plans until July. It was October before the engineers completed the traffic report, soundings and the plans. Financing had been arranged but the unfavorable sale of stocks, during November and December have slowed us up. It will be impossible to work on the river at this time as it is frozen with ice. Work can not be started until spring. We feel that contractors will not want to hazard their work until the flood season is over. Since the present permit expires May, 1930, and which is prior to the time when the flood season starts, and since we have spent a good deal of money and time to get the bridge to the place it now is, we would regret very much to not be able to complete the bridge because of the fact that under our present permit we must be under actual construction by May 22, 1930, which may be a physical impossibility because of conditions of the river over which we have no control. One of the bad conditions of the flood stage of the river, of course, is the trees and other matter carried with it and we feel that no contractor would want to put in false work with a good chance of the river taking it all out. If this permit granted had expired in August in place of May no extension would be asked. We want to live up to the permit issued to us and are afraid that it will be impossible to do so because as stated before of conditions over which we have no control.

I hope this explanation is satisfactory and if I can be of further assistance in giving you the facts as they are I would be more than pleased to do so.

Kindest personal regards and wishing you and Mrs. Howard a very happy and pleasant holiday season.

Very truly yours,

H. A. RINDER, President.

The acts of Congress referred to in the bill are as follows:

[PUBLIC NO. 471-70TH CONGRESS]

[S. 4381]

AN ACT Authorizing H. A. Rinder, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Niobrara, Nebraska

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes, H. A. Rinder, his heirs, legal representatives, and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near Niobrara, Nebraska, in accordance with the provisions of the act entitled "An act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this act.

SEC. 2. There is hereby conferred upon H. A. Rinder, his heirs, legal representatives, 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. That said H. A. Rinder, his heirs, legal representatives, and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the act of March 23, 1906.

SEC. 4. After the completion of such bridge, as determined by the Secretary of War, either the State of Nebraska, the State of South Dakota, 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 or expropriation, in accordance with the laws of either of such

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