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March 30, 1916.--Committed to the Committee of the Whole House on the state of

the Union and ordered to be printed.

Mr. TILLMAN, from the Committee on the Public Lands, submitted

the following

REPORT.

[To accompany S. 1388.]

The Committee on the Public Lands, to whom was referred the bill (S. 1388) to authorize the Secretary of the Interior to furnish hot water from the hot springs on the Hot Springs Reservation for drinking and bathing purposes free of cost to the Leo N. Levi Memorial Hospital Association, beg leave to report it back to the House with the recommendation that the bill do pass.

Amend by inserting after the word "water," in line 4, the words "for five tubs."

Amend by adding after the word "prescribe,” in line 8, the following: "Provided, That said hospital association shall, upon request of the superintendent of the Hot Springs Reservation or his duly authorized representative, immediately after being notified, send an ambulance or conveyance for, and accept and treat without charge therefor, any emergency patients so sent to the hospital for treatment."

With the amendments above shown, your committee is of the opinion that this bill should be enacted.

The Leo N. Levi Memorial Hospital Association is a charitable organization and conducts a charitable hospital and sanatorium at Hot Springs, Ark., and makes use of the water of the hot springs, paying the Government therefor at the rate of $60 per tub per annum.

Inasmuch as this is a charitable institution, and inasmuch as it was thought that the amendments would properly safeguard the measure, the committee feels that the bill should pass.

The second amendment was submitted to the hospital association, and it has agreed to accept the amendment, as shown by the letter from the secretary of the association, attached herewith.

The bill as amended is approved by the Secretary of the Interior, and his report to the Committee on Public Lands of the Senate is printed herewith. It is as follows:

DEPARTMENT OF THE INTERIOR,

Washington, January 21, 1916. Hon. HENRY L. MYERS, Chairman Committee on Public Lands United States Senate,

Washington, D. C. MY DEAR Senator: Your letter of December 17, 1915, has been received, inclosing, with request for report thereon, Senate bill No. 1388, “To authorize the Secretary of the Interior to furnish hot water from the hot springs on the Hot Springs Reservation for drinking and bathing purposes free of cost to the Leo N. Levi Memorial Hospital Association." The bill in question is in terms as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized to supply a sufficient quantity of hot water from the hot springs on the Hot Springs Reservation for drinking and bathing purposes to the Leo N. Levi Memorial Hospital Association without cost or charge therefor, under such rules and regulations as he may prescribe.”

The act approved June 3, 1912 (37 Stat., 121), entitled “An act authorizing the Leo N. Levi Memorial Hospital Association to occupy and construct buildings for the use of the corporation on lots numbered 3 and 4, block numbered 114, in the city of Hot Springs, Ark.," provides:

"That the exclusive right to use, occupy, and enjoy the possession of all of lots numbered three and four, in block numbered one hundred and fourteen, in the city of Hot Springs, Arkansas, is by this act granted to the Leo N. Levi Memorial Hospital Association, a corporation organized under the laws of the State of Arkansas, for the purpose of erecting and maintaining thereon a suitable and sightly building for the use of the said corporation. The rights and privileges granted under this act shall continue as long as the property is used and occupied for the purposes mentioned in this act, subject, however, to the following conditions and limitations, namely, that unless said Leo N. Levi Memorial Hospital Association shall within five years after the passage of this act erect and equip a suitable and sightly building for the purposes above mentioned, or if said Leo N. Levi Memorial Hospital Association shall at any time hereafter use or permit the premises to be used for any other purpose than that herein granted, then and in either event all the rights, privileges, and powers by this act granted and conferred upon said association shall be forfeited to the United States.

“Sec. 2. That upon compliance with the conditions and requirements of section one of this act by said corporation the Secretary of the Interior, in his discretion, is hereby authorized to lease the said association a sufficient quantity of hot water to accommodate said association for all drinking purposes, and to supply not more than five bathtubs, under such rules and regulations as he may prescribe; and all improvements made upon said property shall be subject to the approval of the Secretary of the Interior.

"Sec. 3. That the right to alter, amend, or repeal this act is hereby expressly reserved."

Subsequent to the enactment of the foregoing legislation the corporation called attention to the fact that the hospital to be maintained by the association was purely a charitable institution; that no charge would be made for baths, and it would therefore be a hardship to require it to pay the usual rate of $60 per tub per annum. In response thereto the department held that the provisions of section 2 of the act of June 23, 1912, supra, were mandatory and would not permit the association to receive the water from the springs without paying therefor. Accordingly the association has been paying for water supplied the bathhouse connected with the hospital since November, 1914, for five tubs, at the rate of $60 per tub, aggregating in all $300 per annum.

Therefore the remission of this charge for hot water is sought to be secured through the medium of the legislation now under consideration.

The bill was referred to the superintendent of the Hot Springs Reservation for report, who suggests the following amendments thereto:

After the word "water," in the fourth line, insert the words "for five tubs.”

After the word "prescribe,” in the eighth line, insert the following: “Provided, That said hospital association shall, upon request of the superintendent of the Hot Springs Reservation or his duly authorize i representative, immediately after being notified, send an ambulance or conveyance for, and accept and treat without charge therefor, any emergency patients so sent to the hospital for treatment."

The first amendment is to limit the quantity of hot water to be supplied to the number of bathtubs provided for in the plans for the bath house that have been approved by the department under the act of June 3, 1912, supra. As to the second amendment the superintendent states:

"That this amendment to the bill is intended particularly to meet emergency cases; for instance, when a person falls down on the reservation from sickness or exhaustion, or both, and needs immediate treatment, we have no place where cases of that kind can be sent, and this amendment would supply a place to meet such emergency. Occasionally a case of this kind occurs at the Government free bathhouse, where a person might need immediate attention in order to save a life, and if this office had such an arrangement it would be very beneficial, both as a convenience and from a charitable and humanitarian standpoint. It must be understood that we have few of these cases. I do not know that we have had one in the last four or five months, and the amendment will in no manner work a hardship or imposition upon the hospital association.

"In the event this bill was passed with the proposed amendment, it would not necessarily be precedent, as the accommodations furnished at the Levi Memorial Hospital would be sufficient to meet the emergencies or demands arising on the reservation for hospital services of this character, and it would not be considered necessary to make a similar arrangement with any other institution that might apply, unless conditions warranted such course.'

The amendment in question was called to the attention of the corporation and, as will be seen by the attached copy of a letter dated January 8, 1916, has received its approval.

If the bill is amended as suggested herein, I have no objection to interpose to its enactment into law. Cordially, yours,

FRANKLIN K. LANE, Secretary.

OFFICE OF SECRETARY,
Leo N. LEVI MEMORIAL HOSPITAL ASSOCIATION,

Hot Springs, Ark., January 8, 1916. Hon. W. P. PARKS,

Superintendent United States Reservation, City. DEAR SIR: After careful consideration, the board of managers of the Leo N. Levi Memorial Hospital decided to approve the amendment proposed by you to S. 1388 with the omission of the words or other," the amendment to read as follows:

** Provided, That said hospital association shall, upon request of the superintendent of the Hot Springs Reservation, or his duly authorized representatives, immediately after being notified, send an ambulance or conveyance for, and accept and treat without charge therefor, any emergency patients so sent to the hospital for treatment."

The board hesitated at first to approve your amendment for fear that the term "emergency patient” might, in the future, be interpreted to the disadvantage of the institution, and this will account for the delay in replying to your communication of the 5th' instant. After due consideration, however, the board, relying upon the fairness of your office and of the Department of the Interior, sees no reason for ojection to your amendment and decided to approve it.

With many thanks to you and the department for the interest displayed on behalf of our hospital, I am, Sincerely yours,

(Signed) A. B. RHINE, Secretary.

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BATH CONGRESS

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64TH CONGRESS, HOUSE OF REPRESENTATIVES. . S 18t Session

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REPORT
No. 456.

SECTION 73 OF THE JUDICIAL CODE.

MARCH 30, 1916.—Committed to the Committee of the Whole House on the state of the

Union and ordered to be printed.

Mr. NEELY, from the Committee on the Judiciary, submitted the

following

REPORT.

[To accompany H. R. 13765.]

The Committee on the Judiciary, having had under consideration the bill (H. R, 13765) to amend section 73 of an act entitled “An act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911, report the same back to the House with the recommendation that the bill do pass.

This measure as originally introduced was H. R. 22. A subcommittee gave the bill a full hearing and careful investigation, and at its suggestion the bill was amended somewhat as to details, and as 80 amended was reintroduced as H, R. 13765.

At the present time the State of Colorado is one district. Terms of court are now held in Denver, Pueblo, and Montrose, and the purpose of this bill is to establish an additional term of court in the city of Durango, in southwestern Colorado.

There was submitted to your committee a resolution of the board of county commissioners of La Plata County, Colo., in which the said city of Durango is located, guaranteeing to furnish court room for the holding of said term of court, including fuel, light, heat, and janitor services, free and without any expense to the Government, until such time as a public building may be constructed in that city. A public building at that city was authorized by Congress some four years ago. There was also submitted a very complete and satisfactory statement from the bar association of southwestern Colorado, giving in detail their reasons for the creation of this term of court. That statement is herewith submitted, and it appears to your committee conclusive that the bar and inhabitants and business interests generally of southwestern Colorado are eminently entitled to a term of the Federal court for that part of the State, and that the interests of the Government will also be promoted thereby: The committee, therefore, earnestly recommends the passage of this measure.

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