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RECOMMENDATION

Since the continued cooperation of the Post Office Department is essential in the handling of mail throughout the armed services, it is felt desirable that this bill be reported favorably by the committee.

Mr. CHAMBERS. At the last meeting of the committee, a question was raised in connection with this bill as to why it did not apply equally to the Army.

Since that meeting, I believe that Captain Nunn and Colonel Lancefield got together on the matter and have arrived at the conclusion that the Army does not have the need for the legislation that the Navy has.

In other words, they could be included, but they have existing law which presently covers them.

I think Colonel Lancefield or Captain Nunn could probably explain it further if there are any further questions.

The CHAIRMAN. Captain Nunn, the Navy still desires this bill and recommends its passage?

Captain NUNN. Yes, Mr. Chairman, the Navy Department does. Senator SALTONSTALL. Mr. Chairman, I just reise this question: Are we not getting down to infinitesimal legislation when we try to cover a loss of $90 and the loss of $3,400 in ship stores and wardroom funds?

The question is, who shall pay the loss, the Post Office Department or the Navy.

It seems to me it is awful small potatoes.

The CHAIRMAN. It has still got to be handled some way.

Mr. CHAMBERS. That is the only example we have had so far.

The sums, of course, might be considerably larger.

The CHAIRMAN. Does the Chair hear any motion?

Senator SALTONSTALL. The Navy will not cry if we do not pass this legislation, will it?

Captain NUNN. No, sir. The Post Office Department, of course, is particularly anxious to have this taken care of as an accounting matter, sir.

It just happens that there has been only one example. There might be an example in which considerable funds and papers were involved.

The situation arises like this: We are all right so long as the Post Office Department clerk is bonded. Then, we can reimburse the Post Office Department.

If something happens to the post office clerk, such as he may be absent, then the commanding officer is required to turn his paper and money over to an officer who is not bonded.

If that officer absconds, why then somebody is stuck, and we feel it proper, of course, that it should be our responsibility and our loss rather than that of the Post Office Department.

Senator SALTONSTALL. We are legislating for one case of a loss of $90. Captain NUNN. That is the only example, sir. It just happens we have had only one case which presented the problem, sir.

Senator RUSSELL. This brings in the commissioned officers. It does not change the present law of bonding an enlisted man in any way?

Čaptain NUNN. That is correct, sir. It is only when an unbonded person, who is in our practice an officer, defaults.

Then the Navy Department would reimburse the Post Office Department.

Senator RUSSELL. Does the Navy have any means of collecting the money from the officer, or would it have to take it out of appropriated funds?

Captain NUNN. We would have to take it out of appropriated funds, of course, Senator.

In most cases an officer who had received custody of these postal funds would also be a bonded officer, such as a supply officer, in which case we could proceed against his surety.

Senator RUSSELL. But it does not provide for the giving of a bond by commissioned personnel who may be handling these bonds as it does in the case of an enlisted man, but only provides the Navy shall make good the losses of the officer.

Captain NUNN. The nonbonded man; yes, sir.

It would not be practicable, you see, to bond everybody who might conceivably handle these postal funds.

Senator HILL. He might handle it only for 2 or 3 days, is that right?

Captain NUNN. That is what usually happens, Senator. It is often longer than that, Senator Hill, because the appointment of these bonded post-office employees have to be approved by the Postmaster General.

It does sometimes take some time for the papers to go through.

Senator BALDWIN. Is not the main purpose of this act to clear up items that might be in dispute between the Post Office Department and the Navy Department as to how to handle from an accounting standpoint a particular disputed claim, no matter what the amount would be?

Captain NUNN. Yes.

We feel we should bear the loss. It is our loss.

Senator HILL. In other words, the Post Office Department has no control whatever over the man that is responsible for the loss. He is your man in this case.

Captain NUNN. That is right.

In the case of a bonded man, they do approve his appointment, you

see.

Senator HILL. In order to get the matter before the committee, because I can understand the Post Office Department's position, I move we report the bill favorably.

Senator BALDWIN. I will second the motion.

The CHAIRMAN. It has been moved and seconded the bill be reported.

Senator RUSSELL. I would like to ask one more question:

What was done in this one case where there was a default on the part of the commissioned officer?

Captain NUNN. He was court-martialed, sir.

Senator RUSSELL. Was he found guilty?

Captain NUNN. He was court-martialed, sir, and it happens he was the pay clerk and he was bonded.

So we have some hope of collecting the $90 from his surety.

So, there would be no loss to anybody in this case, we hope, but he

was tried by general court martial for his offense.

The CHAIRMAN. We have a motion before the committee.

All those in favor say "Aye."

(Unanimous response: Aye.)

The CHAIRMAN. We have one more bill, and then we will probably

recess.

I think we can handle this next one very quickly, S. 1478. (S. 1478 and the brief are as follows:)

[S. 1478, 80th Cong., 1st sess.]

A BILL To authorize the transfer of lands in the Fort Wingate Military Reserve, New Mexico, from the War Department to the Interior Department

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is hereby authorized and directed to transfer from the jurisdiction of the Department of War to the jurisdiction of the Department of the Interior for use by the Bureau of Indian Affairs that portion of the Fort Wingate Military Reserve in the State of New Mexico bounded and described as follows:

Beginning at the point of intersection of the south boundary of unsurveyed township 15 north, range 16 west, New Mexico principal meridian, with the existing Wingate Ordnance Depot boundary fence; said point of intersection being approximately four and three-tenths miles easterly from the southeast corner of lot 4, section 34, township 15 north, range 17 west; then along said boundary fence approximately north sixty degrees east one-quarter mile to the western boundary of the right-of-way of the western branch of the road from Fort Wingate to Wingate railroad station: thence along the western boundary of the right-ofway of said road approximately north eight degrees east two and two-tenths miles to the southern boundary of the right-of-way of the Atchison, Topeka and Santa Fe Railroad; thence along the southern boundary of said right-of-way approximately south seventy-two degrees east one and five-tenths miles, south seventy-six degrees east two and two-tenths miles, and east two miles to the intersection of the southern boundary of said right-of-way with the east boundary of the Fort Wingate Military Reservation; thence south along the east boundary of the said military reservation approximately one and two-tenths miles to the northwest corner of section 5, township 14 north, range 15 west; thence west approximately three miles of the point for the quarter-section corner common to sections 2 and 35, unsurveyed townships 14 and 15 north, range 16 west; thence south approximately three miles to the point for the quarter-section corner common to sections 14 and 23, township 14 north, range 16 west; thence west approximately four and two-tenths miles to the southeast corner of the Wingate Ordnance Depot; thence north_approximately one and nine-tenths miles to the existing Wingate Ordnance Depot boundary fence; thence along said fence approximately north forty-six degrees east one-half mile; thence long said fence approximately north sixty degrees east one and one-half miles to the point of beginning. The tract as described contains approximately thirteen thousand one hundred and fifty acres.

Title to the land so transferred shall remain in the United States for the use of the Bureau of Indian Affairs.

PRELIMINARY STUDY WITH REFERENCE TO S. 1478, TO AUTHORIZE THE TRANSFER OF LANDS IN THE FORT WINGATE MILITARY RESERVATION, N. MEX., From THE WAR DepartmenT TO THE INTERIOR DEPARTMENT

AMENDMENTS TO THE BILL

Line 3, strike out the word "War" and substitute therefor the words "the Army". Line 4, strike out the word "War" and substitute therefor the words "the Army". Amend the title by striking out the words "War Department" and substituting therefor the words "Department of the Army".

PURPOSE OF THE BILL

The bill proposes to make permanent the revocable authority now granted to the Secretary of the Interior by the Secretary of the Army for the use of approximately 13,150 acres of the Fort Wingate Military Reserve, N. Mex.

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EXPLANATION OF THE BILL

Fort Wingate Military Reserve was established in 1868 and now consists of approximately 35,300 acres. In May 1925 the Secretary of War granted to the Secretary of the Interior a revocable permit to use a portion of this reservation for the establishment and maintenance of an Indian school. In 1936 the Congress provided funds for the establishment of a sheep-breeding station in that area. A portion of the original permit was withdrawn by the Secretary of War in March 1941, but the Department of the Interior continues to operate both its projects on the remaining 13,150 acres. The assurance of the continued use of

this land for instructional and experimental purposes is necessary in planning and developing the programs. The bill therefore authorizes the outright transfer of the lands from the one Department to the other.

RECOMMENDATIONS OF THE DEPARTMENTS

The Department of the Interior recommends passage of this bill, as is indicated by the following letter from the Under Secretary of the Interior to Senator Vandenberg on June 17, 1947. As is indicated in the letter, the War Department and the Bureau of the Budget interpose no objection to the bill.

Hon. ARTHUR H. VANDENBERG,

President pro tempore of the Senate.

DEPARTMENT OF THE INTERIOR,

Washington, June 17, 1947.

MY DEAR SENATOR VANDENBERG: Transmitted herewith is a draft of a proposed bill authorizing transfer of lands in the Fort Wingate Military Reserve, N. Mex., from the War Department to this Department. I ask that the bill be placed before the Senate for favorable consideration.

The Fort Wingate Military Reserve was established during the year 1868 and was later confirmed by Executive orders. The land is situated in what may be termed "Indian country" immediately adjacent to the Navajo Reservation. Under date of May 13, 1925, the Secretary of War granted to this Department a license, subject to revocation at the will of the Secretary of War, to use a portion of the Fort Wingate Military Reserve, including approximately 17,920 acres of land and buildings located thereon, for the establishment and maintenance of an Indian school. The area was later reduced by withdrawal of approximately 5,300 acres by a letter from the Secretary of War dated March 28, 1941.

The boarding school established on this land is still in operation. The enrollment is 524 in grades 1 to 12. The school uses about 1,430 acres of range land for grazing dairy cattle and work stock and about 130 acres of cropland for garden and field crops. The vocational work in agriculture consists of the study of (1) field and garden crops, (2) animal husbandry, and (3) range conservation and improvement. The assurance of the continued use of this land for instructional purposes is greatly desired in planning and developing the vocational program at the Wingate High School, which serves Navajo students from all parts of the reservation but especially from the southeastern portion thereof.

In 1936 the Congress provided funds for the establishment of a sheep-breeding station in the area. Experimental work has been carried on at the laboratory since that time in collaboration with the Department of Agriculture for the purpose of developing and producing a strain of sheep adapted to the southwestern range and the economy of the Indians. The experiments at the laboratory to date have resulted in improvement of fleece quality and body conformation in crossbred lines, and progress is being made in experimental weaving. Many additional years of experimental work will be required to develop properly the results achieved thus far, and present plans call for the continuance of the project. It is greatly to the interest of this Department to have permanent control of these lands for proper continuance and expansion of both projects. In response to an inquirv from this Department, the Secretary of War advised by letter of March 27, 1946, as follows:

"So far as presently can be foreseen, no objection will be interposed to enactment of legislation permanently transferring to the Department of the Interior that portion of the reservation indicated in a yellow wash on the map accompanying your letter, and this Department concurs in the introduction by the Department of the Interior of such legislation."

The draft bill attached adequately describes the land in question and will accomplish the transfer.

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