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Senator HUNT. I would be glad to be of service if I can, Mr. Chairman. I had the pleasure of going last year, so that if other members of the committee care to go, I would be happy to step aside.

Senator BYRD. We will leave it with the secretary of the committee.

H. R. 4433

Senator BYRD. The next matter on the agenda is H. R. 4433, an act to make retrocession to the Commonwealth of Massachusetts over certain land in Shirley, Mass.

(H. R. 4433 is as follows:)

[H. R. 4433, 81st Cong., 2d sess.]

AN ACT To make retrocession to the Commonwealth of Massachusetts over certain land in Shirley, Massachusetts

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States hereby makes retrocession to the Commonwealth of Massachusetts of jurisdiction over the following-described land:

All of that piece or parcel of land which was ceded to the United States by chapter 456 of the Acts of 1921 of the General Court of the Commonwealth of Massachusetts and which lies within the location of a certain highway in said town of Shirley running from the Shirley depot of the Boston and Maine Railroad to that part of said Shirley known as Mitchelville, a plan whereof is recorded in the Middlesex South District Registry of Deeds of 1947 as plan numbered 1600, in book 7209, at page 69, or which lies within that part of Front Street Extended in said Shirley which runs from said highway to the entrance gate of that part of Fort Devens formerly known as Lovell General Hospital North, and which piece or parcel of land is bounded and more particularly described as follows:

Beginning at a concrete bound shown as transit point station numbered 68 on a plan numbered 6101-208 and entitled "Construction Division, War Department, Washington, D. C., Camp Devens, Massachusetts Boundary Map", dated May 27, 1920, and running south sixty-nine degrees thirty-one minutes thirty seconds west, three hundred and sixty-one and twenty-one one-hundredths feet to station numbered 69, thence running south twenty degrees ten minutes no seconds east, sixteen and eighty-five one-hundredths feet to station numbered 70, thence running south seventy-eight degrees fifty-eight minutes no seconds east, one hundred and eighty-six feet to station numbered 71, thence running south seven degrees forty-eight minutes thirty seconds west, fourteen and eighty-eight one-hundredths feet to station numbered 72, thence running north eighty-one degrees fifty-five minutes thirty seconds west, two hundred eightytwo and fifty-five one-hundredths feet to station numbered 73, thence running north forty-four degrees thirty-six minutes no seconds east, eighty-nine and six one-hundredths feet to station numbered 74, thence running north sixty-nine degrees forty-eight minutes thirty seconds east, three hundred and thirty-three and seventy-seven one-hundredths feet to station numbered 75, thence running north sixty-seven degrees twenty-three minutes thirty seconds east, one thousand four hundred and four and twenty-four one-hundredths feet to station numbered 76, thence running south five degrees fifty minutes no seconds west, thirty-seven and fifty-three one-hundredths feet to station numbered 77, thence running north sixty-seven degrees twenty-three minutes thirty seconds east, four hundred and sixty-two feet to station numbered 78, thence running south three degrees eleven minutes thirty seconds east, seventy-one and four one-hundredths feet more or less to the southerly side line of the location of said highway running from the Shirley depot to Mitchelville, as shown on said plan numbered 1600, thence running south sixty-seven degrees twenty-three minutes thirty seconds west, one thousand seven hundred and eighty-three and thirty-eight one-hundredths feet more or less by said southerly side line of the location of said highway to a point on course 67-68 as shown on said plan numbered 6101-208, thence running north twenty-two degrees eleven minutes no seconds west, fifty-four and sixty-six onehundredths feet more or less to station numbered 68 and the point of beginning, covered by a certain grant from the Secretary of War to the Commonwealth of Massachusetts, dated August 12, 1941, authorized by the Act of Congress approved July 5, 1884 (23 Stat. 104).

SEC. 2. This retrocession of jurisdiction shall take effect upon acceptance by the Commonwealth of Massachusetts.

Passed the House of Representatives April 3, 1950.

Attest:

RALPH R. ROBERTS, Clerk.

Mr. MUDGE. Mr. Chairman, I have here a map of the reservation at Fort Devens, which I will lay on the table.

The problem which this bill addresses itself to is this: The Constitution requires that the Federal Government shall have exclusive jurisdiction over any property that it purchases from the States for use as a military fort or a naval base or for any military purpose.

The reservation at Fort Devens, Mass., which consists of about 10,000 acres, was purchased from a large number of small tract holders by the Government. Once the Government acquired title, the next step was to acquire exclusive jurisdiction.

Now, jurisdiction was ceded by the State of Massachusetts to the Federal Government by an act of the Massachusetts Legislature in

1929.

Senator CAIN. May I ask what is the difference between jurisdiction and title? Why was it necessary for the State legislature to concern itself with the question of jurisdiction? That is just a question for information.

Mr. MUDGE. The Constitution, Senator Cain, requires that the Federal Government shall have exclusive jurisdiction so that the States may not, under military installations, assume control.

So the situation was taken care of when the Commonwealth ceded its jurisdiction to the Federal Government, but there was one small difficulty that arose.

A State highway, which just skirts the northwest tip of the post, impinges a little bit into the Federal reservation. The Commonwealth was given a permanent easement for the highway, they built the highway at Commonwealth expense, and they maintain it and they police it, but there is the difficulty that they have technically no jurisdiction over that strip of about 300 feet of their highway.

So that technically an arrest made by a Massachusetts State officer on that particular stretch of highway of a speeder in policing the highway might technically be held invalid because of the fact that the Commonwealth does not have jurisdiction.

So the purpose of the bill is to cede back to the Commonwealth this. jurisdiction over this strip of 270 feet on which the State highway lies. Senator CAIN. Is it common knowledge that people can get to that place in a hurry and just stop and whistle at the policeman coming up in the rear?

Mr. MUDGE. I thought maybe the soldiers had found out about that. Senator CAIN. I think somebody probably has found out.

Mr. MUDGE. That is not the case, I am sure. This bill was passed by the House on April 3, introduced by Mr. Philbin of Massachusetts. We have studied the House hearings in detail and have discussed the provisions of the bill with the witnesses who appeared from the Department of the Army. The Department of the Army interposes no objection, nor does the Bureau of the Budget.

Senator BYRD. It only involves the use of this for a highway?

Senator KEFAUVER. How about the Senator from Massachusetts? Senator SALTONSTALL. Off the record.

Mr. MUDGE. They keep it up, and it is the matter of their jurisdiction to arrest a man speeding on that stretch of their own highway. They have a permanent easement, and it is not a transfer of property. Senator KEFAUVER. I move it be reported favorably.

Mr. MUDGE. On page 2, the second line, toward the end of the second line, the words "of 1947"-the sponsor of the bill, Mr. Philbin, called me on the telephone and said the words "of 1947" were erroneously placed. They should go down on line 3 after the number "1600"; so that the bill would read, "Registry of Deeds as plan numbered 1600 of 1947."

it.

Senator BYRD. Any objection to the suggested amendment?

If not, the bill will be adopted and Senator Saltonstall will report

H. R. 4732

Senator BYRD. The next matter on the agenda is H. R. 4732, an act to direct the Secretary of the Army to convey certain lands to the Two Rock Union School District, a political subdivision of the State of California, in Sonoma County, Calif., and to furnish said school district water free of charge.

(H. R. 4732 is as follows:)

[H. R. 4732, 81st Cong., 2d sess.]

AN ACT To direct the Secretary of the Army to convey certain lands to the Two Rock Union Schoo District, a political subdivision of the State of California, in Sonoma County, California, and to furnish said school district water free of charge.

I

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Army is hereby authorized and directed to convey to the Two Rock Union School District, a political subdivision of the State of California, without consideration, certain lands and premises in the ownership of the United States of America, said lands and premises being described as follows: Being a portion of the Rancho Laguna de San Antonio or Bojorques Rancho and also a portion of that seven and two one-hundredthsacre tract described as parcels 3 and 4 of tract 3-A awarded to the United States of America under Case Numbered 4527, in the District Court of the United States in and for the Northern District of California, Northern Division, a certified copy of which judgment is recorded in book 572, Official Records, page 52, Sonoma County Records, and being more further described as follows: Commencing at a point in the center of Spring Hill Road, said point being at the southeast corner of the Two Rock Cemetery as shown in that certain deed recorded in book 64 of deeds, page 137, Sonoma County Records, said point of commencement also being north twenty-six degrees thirty minutes west one thousand seven hundred fiftyfour and twenty-eight one-hundredths feet from the southwest corner of special location numbered 4 of the Bojorques Rancho; thence from said point of commencement south twenty-six degrees thirty minutes east two hundred ninety-one and twenty one-hundredths feet to the point of beginning of the parcel to be described; thence south eighty-nine degrees fifty minutes west thirty-five and eighty-three one-hundredths feet to a point on the westerly line of Spring Hill Road; thence continuing south eighty-nine degrees fifty minutes west four hundred ninety-two and ninety-seven one-hundredths feet along a fence line to a point; thence leaving said fence line south twenty-six degrees thirty minutes east four hundred ninety-two and ninety-seven one-hundredths feet to a point; thence north eighty-nine degrees fifty minutes east four hundred ninety-two and ninety-seven one-hundredths feet to a point on the said westerly line of Spring Hill Road; thence continuing north eighty-nine degrees fifty minutes east thirty-five and eighty-three one-hundredths feet to a point in the aforesaid center of Spring Hill Road; thence along the aforesaid center of Spring Hill Road, north twenty-six degrees thirty minutes west four hundred ninety-two and ninety-seven one-hundredths feet to the point of beginning. Containing five and thirty-six one-hundredths acres, more or less, of which thirty-six one-hundredths acre, more or less, is now used for road purposes.

SEC. 2. The deed of conveyance shall provide that relocation of the existing security fence occasioned by the conveyance shall be made by the Two Rock Union School District without cost to the United States: Provided further, That the tract of land so conveyed shall be maintained by such school district only for school or other educational purposes. If such school district ceases to use such tract for such purposes or attempts to alienate all or any part of such tract, title thereto shall revert to the United States. The deed shall reserve to the United States the interests in fissionable material as provided in Executive Order 9908, December 5, 1947.

SEC. 3. The Secretary of the Army is authorized to furnish to the Two Rock Union School District, Sonoma County, California, water from the water supply of the Two Rock Army Base in Marin and Sonoma Counties, California, within such limitations and under such conditions as he shall prescribe, and the school district shall reimburse the United States therefor at a rate not to exceed the actual cost of furnishing the service.

Passed the House of Representatives April 3, 1950.
Attest:

RALPH R. ROBERTS, Clerk. Mr. MUDGE. Senator Knowland is not present, Mr. Chairman; so I shall try to explain this bill. The Two Rock Army Base is located about 10 miles east of Petaluma, Calif., and about 40 to 45 miles north of the city of San Francisco. The base consists of 867 acres, which was purchased in about four different tracts in 1942.

It is a site of a radio receiving station, has a military population of about 18 officers and 400 to 450 enlisted men. It is not near any large town.

As a result of that, the children on the post of the military personnel and the civilian employees on the post go to the county school.

Now, the grammar schools in this school district are quite out of date. This one was built in 1885, and the report indicates that the sanitary facilities are very inadequate. It has no telephone, no water. As a result of this, the State board for the redistricting of rural schools has recommended that in this general area they consolidate these small grammar schools into one and make it a union school district. Now, that consolidation has already been voted, and the decision to build a grammar school to take care of the three that they were previously using has been reached, but it is not being carried out because the site for the school has not yet been determined.

Which brings us to the immediate provisions of the bill, which would permit the Secretary of the Army to convey to the Two Rock Union School District 5.36 acres of the Two Rock Reservation. This property has an estimated value of $400. It has no improvements on it.

The bill requires that the new owners shall relocate the security fence which goes around this piece of property.

Senator SALTONSTALL. Mr. Chairman, in substance, does not this bill simply do this: The Federal Government conveys 5 acres of land to the school district; the school district will build the school, relocate the fence; the Government will sell the water to it, and half the children going to the school will be children of the Army; the Government will get the benefit of having a school for the Army, and the school district will get land worth $400 for nothing.

Mr. MUDGE. Yes.

Senator SALTONSTALL. I move we report the bill.

Senator BYRD. Was it amended? It does not give the water free now.

Mr. MUDGE. The title, Mr. Chairman, was erroneously let stand by the House, and we recommend that the committee might want to

consider amending the title where it says "to furnish said school district water free of charge"; amend that to read "for other purposes." Senator BYRD. On page 4, line 7, the suggestion is made that they reimburse the United States therefor at a rate not to exceed the actual cost of furnishing the service. The words "not to exceed" could be

changed to "equivalent."

Mr. MUDGE. The committee might wish to consider it. The bill says they will pay for this water which they get from the Government at a rate not to exceed the actual cost of furnishing the service, which imposes upon the commanding officer a problem of more or less negotiating with the local authorities to pay for this. It could be worded so that the payment should be equivalent to the actual cost of furnishing the service.

Senator BYRD. Is there any objection to amending the title as suggested and also substituting for the words "not to exceed" the word "equivalent" on page 4?

Senator SALTONSTALL. I make my motion with those amendments. Senator CAIN. The land is only to be given to the school district provided a school building is erected; is that right?

Mr. MUDGE. That is right.

Senator CAIN. If the school district changed its mind, title would not still pass; is that right?

Mr. MUDGE. That is right.

(The committee voted unanimously to report the bill favorably.)

H. R. 3783

Senator BYRD. Next on the agenda is H. R. 3783, an act authorizing the transfer of part of Camp Joseph T. Robinson to the State of Arkansas.

(H. R. 3783 is as follows:)

[H. R. 3783, 81st Cong., 2d sess.]

AN ACT Authorizing the transfer of part of Camp Joseph T. Robinson to the State of Arkansas Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Army be, and he is hereby, authorized to transfer to the State of Arkansas that part of Camp Joseph T. Robinson that was licensed by the Secretary of the Army to the Military Department of the State of Arkansas on the 25th day of March 1947, consisting of thirty-four thousand acres, more or less, and particularly described in the aforementioned license, copies thereof being on file in the offices of the Chief of the National Guard Bureau, the Chief of Engineers, and the Adjutant General of the State of Arkansas, together with all buildings, improvements thereon, and all appurtenances and utilities belonging or appertaining thereto, including water line from Little Rock to Camp Joseph T. Robinson, Arkansas, and to execute and deliver in the name of the United States in its behalf any and all contracts, conveyances, or other instruments as may be necessary to effectuate the said transfer: Provided, That there shall be excluded from the conveyance hereinabove provided for, the following-described lands: The west half of the east half of the northwest quarter of section 1; the west half of the west half of section 1; the east half of section 2; and a portion of the west half of section 2 described as follows: Beginning at the northeast corner of the northwest quarter of section 2; thence west one hundred and eighty feet to the intersection of Sixty-second Street (Old Remount or Batesville Road) and Maryland Avenue; thence in a south southwesterly direction to a point nine hundred feet west of the southeast corner of the southwest quarter of section 2 (the intersection of New York Avenue and the reservation boundary); thence east to the southeast corner of the southwest quarter of section 2; thence along the north-south center line of section 2 to the point of beginning. All in township 2 north, range 12 west, containing approxi

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