71ST CONGRESS HOUSE OF REPRESENTATIVES 3d Session

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REPORT

No. 2788

AUTHORIZING ATTENDANCE OF THE ARMY BAND AT ANNUAL ENCAMPMENT OF GRAND ARMY OF REPUBLIC

FEBRUARY 20, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. WURZBACH, from the Committee on Military Affairs, submitted the following

REPORT

To accompany S. 5920]

The Committee on Military Affairs, to whom was referred the bill (S. 5920) authorizing the attendance of the Army Band at the annual encampment of the Grand Army of the Republic, to be held at Des Moines, Iowa, having considered the same, report thereon with the recommendation that it do pass.

The report of the Senate committee on this bill explaining the measure is made a part of this report, as follows:

[Senate Report No. 1411, Seventy-first Congress, third session]

The Committee on Military Affairs, to which was referred the bill (S. 5920) authorizing the attendance of the Army Band at the annual encampment of the Grand Army of the Republic, to be held at Des Moines, Iowa, having considered the same, reports favorably thereon with the recommendation that it do pass.

This bill is in the same form and carries the same amount of money as those passed by Congress in previous years authorizing the attendance of the Army Band at Confederate Veterans' reunions, and similar to H. R. 14573, which recently passed the Senate, authorizing this band to attend the Confederate Veterans' reunion in June next at Montgomery, Ala.

The War Department interposes no objection to the measure.

O

TO AUTHORIZE THE EXCHANGE OF CERTAIN LAND AT DETROIT, MICH.

FEBRUARY 20, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. MCSWAIN, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 8158]

The Committee on Military Affairs, to whom was referred the bill (H. R. 8158) to authorize the exchange of certain land at Detroit, Mich., in connection with the easterly boundary line of the Fort Wayne Military Reservation, introduced by Mr. James, of Michigan, at the request of the War Department, having considered the same, report thereon with the recommendation that it do pass with the following amendment:

Strike out all the language after the enacting clause and insert in lieu thereof the following:

That the Secretary of War be, and he is hereby, authorized in his discretion to accept title by quitclaim deed from Revere Copper and Brass Company, or its successors and assigns, to that certain tract of land at Detroit, Michigan, for the purpose of fixing and establishing the easterly boundary line of the Fort Wayne Military Reservation, said tract or parcel of land being more particularly described as follows:

A strip of land along the easterly boundary line of the Fort Wayne Military Reservation, said strip of land being 1,142.46 feet long, 2.66 feet wide at the northerly end, 3.71 feet wide at the southerly end, along the easterly edge of which is the iron fence belonging to the United States and inclosing said reservation.

This matter has been before your committee in one form or another for several years. We are unwilling to authorize a conveyance by the Secretary of War of any property belonging to the United States at the point in question. From the survey and from the reports and letters it would seem that the Michigan Copper & Brass Co., now Revere Copper & Brass Co., desires to establish the present fence line as the actual line between the reservation property and the Revere Copper & Brass Co.'s property. We are authorizing merely that the Secretary of War accept a deed for the Government of the United States to a narrow strip of land, being 1,142.46 feet long and 2.66 feet wide at one end and 3.17 feet wide at the other end. If the Government does not now own the land comprised within said strip, and if said land does belong to the Revere Copper & Brass Co., then

HR-71-3-VOL 2-48

our iron fence, after such deed of conveyance is executed to the Government, will be on the Government land. But your committee has no information sufficient to satisfy itself as to the true line and, therefore, is unwilling to grant any power to convey any land, or any claim to any land which the United States now owns at said point. In other words, we will accept land but will not grant land. If the showing made before us is correct, then that ought to be sufficient to satisfy all parties concerned. If it is not correct and if there be facts which have been withheld from your committee and if the Revere Copper & Brass Co. has some selfish motive in seeking an exchange of properties, then the interest of the United States Government will be protected and the entire truth must be disclosed before we recommend legislation.

The report of the War Department is as follows:

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

DECEMBER 28, 1929.

DEAR MR. SPEAKER: There is inclosed herewith draft of a bill for the exchange of lands at Detroit, Mich., in connection with the easterly boundary line of the Fort Wayne Military Reservation, which the War Department presents for the consideration of the Congress with a view to its enactment into law.

There is no existing law affecting the situation.

The Michigan Copper & Brass Co., through their attorney, have stated that the company recently caused a survey of their property to be made, which developed some slight differences as to the location of the boundary line between their property and the Fort Wayne Military Reservation, and they have requested the United States to join with them in preparing an accurate survey in order to straighten out these differences. There is at present a fence between the two properties which the company and the War Department are willing to accept as the boundary. Should any discrepancies be discovered in the boundary line established by the fence, the line of the present fence, will still be retained as the true boundary and the company will quitclaim to the United States property lying east of the boundary line so defined, and west of the fence, in exchange for which they will receive from the United States a quitclaim deed to all land lying west of the boundary line as shown by the survey and east of the present fence. There will be no expenditure of funds in the exchange of these lands other than those which can be taken care of out of the appropriation "Contingencies of the Army."

Sincerely yours,

PATRICK J. HURLEY, Secretary of War.

EXPLANATION OF BLUE PRINT ON FILE IN COMMITTEE

Present true easterly boundary is yellow line.

Fence, built a number of years ago, now runs along red line and incloses as part of military reservation a strip of land (1,142.46 feet long, 2.66 feet wide at north end, and 3.17 feet wide at south end), which strip properly and rightfully belongs to Revere Copper & Brass (Inc.).

In view of the fact that the fence has stood unquestioned for many years, the Revere Copper & Brass (Inc.) now desires to rectify its title deeds by forever relinquishing claim to the strip (1,142.46 feet long by 2.66 feet wide north and 3.17 feet wide south) to the United States for the sum of $1.

No land now held by the United States will be relinquished, exchanged, or otherwise disposed of according to present survey. However, it is possible that a resurvey might show that acceptance of the old iron fence as the boundary between the properties actually does involve an exchange of lands. That is, a resurvey might show that one end of the old iron fence is west of the true boundary and the other end east thereof. It is in order to anticipate such an event that the language of the bill contains the words "to exchange by quit-claim deed, rather than words authorizing acceptance of a donation by the Revere Copper & Brass (Inc.).

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In any case, the line of the existing iron fence is to be accepted by both parties and the United States will incur no expense except the sum of $1. In consideration of this $1 the United States will receive all of the strip that lies within the lands of the Revere Corporation by quit-claim deed.

No.

EXCLUSION AND EXPULSION OF ALIEN COMMUNISTS

FEBRUARY 20, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. CABLE, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany H. R. 16296]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 16296) to provide for the exclusion and expulsion of alien communists from the United States, having had the same under consideration, reports it back to the House with an amendment and recommends that the bill as amended do pass.

Page 1, line 6, strike out the dash and insert a semicolon.

The bill seeks to amend the act providing for the exclusion and expulsion of anarchists and similar classes of aliens who believe in the overthrow by force and violence of the Government of the United States, which act was approved October 16, 1918, and amended by the act of June 5, 1920.

This bill will strengthen our immigration and deportation law by adding the alien communist who believes in and advocates subversive revolutionary doctrines to the enumerated classes of those who are now by law subject to exclusion and/or deportation.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of Rule XIII of the Rules of the House of Representatives, changes in the act, as amended, made by this bill are shown as follows: New matter is printed in italics; existing law in which no change is made is shown in roman.

That the following aliens shall be excluded from admission into the United States:

(a) Aliens who are anarchists or communists;

(b) Aliens who advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that advises, advocates, or teaches opposition to all organized government;

(c) Aliens who believe in, advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that believes

in, advises, advocates, or teaches: (1) The overthrow by force or violence of the Government of the United States or of all forms of law, or (2) the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character, or (3) the unlawful damage, injury, or destruction of property, or (4) sabotage;

(d) Aliens who write, publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their possession for the purpose of circulation, distribution, publication, or display, any written or printed matter advising, advocating, or teaching opposition to all organized government, or advising, advocating, or teaching: (1) The overthrow by force or violence of the Government of the United States or of all forms of law, or (2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, or (3) the unlawful damage, injury, or destruction of property, or (4) sabotage;

(e) Aliens who are members of or affiliated with any organization, association, society, or group, that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subdivision (d).

For the purpose of this section: (1) the giving, loaning or promising of money or anything of value to be used for the advising, advocacy, or teaching of any doctrine above enumerated shall constitute the advising, advocacy, or teaching of such doctrine; and (2) the giving, loaning or promising of money or anything of value to any organization, association, society, or group of the character above described shall constitute affiliation therewith; but nothing in this paragraph shall be taken as an exclusive definition of advising, advocacy, teaching, or affiliation.

SEC. 2. That any alien who, at any time, after entering the United States, is found to have been at the time of entry, or to have become thereafter, a member of any one of the classes of aliens enumerated in section one of this act, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported in the manner provided in the immigration act of February fifth, nineteen hundred and seventeen. The provisions of this section shall be applicable to the classes of aliens mentioned in this act irrespective of the time of their entry into the United States.

SEC. 3. That any alien who shall, after he has been excluded and deported or arrested and deported in pursuance of the provisions of this act, thereafter return to or enter the United States or attempt to return to or to enter the United States shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment for a term of not more than five years; and shall, upon the termination of such imprisonment, be taken into custody, upon the warrant of the Secretary of Labor, and deported in the manner provided in the immigration act of February fifth, nineteen hundred and seventeen.