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kind of selection. July 8, 1915, this department affirmed the decision of the General Land Office.
In the specifications on said appeal it was alleged as error that the Commissioner of the General Land Office in his decision did not take into consideration-“the fact that the evidence submitted, shows that the land embraced in said lieu selection, was and has been for some time past, covered and occupied as a public town site, and that if the use for which the said selection has been made by the selector in this case and that by reason thereof, the cancellation of said lieu selection would work a gross injustice to parties living upon and inhabiting the same, the selector not desiring to exercise any mineral rights with reference to said land.”
In the argument filed with the said appeal this department was asked to take into consideration"the fact that the lands involved herein, was and has been since before the selection of said tract by this selector, used and occupied as a town site on which the town site of McCabe, Mont., is located.
“That the selector, John Lundquist, has waived any and all rights to any coal or minerals that may underlie this tract, and that he may be permitted to make entry under and by virtue of this lieu selection upon this land as to the surface title only so as to protect the title to parties who are coccupying this land as a town site.”
Land occupied for trade, business, and other town-site purpose is not subject to such lieu selection, and the applicant in said case under his own statements above quoted had no authority or right to make entry or selection of said land even had it not contained coal deposits inasmuch as according to his own showing the land was at that time occupied and used for town-site purposes. The title to the bill is to validate title to the town site of McCabe, but the body of the bill proposes to direct this department to issue patent on said lieu land selection.
If, as represented to the department, the title of the land described in the bill is sought through the lieu selection for town-site purposes, and in interest of the occupants thereof, this department would have no objection to interpose to the enactment of the measure, provided it reserved to the United States all coal, oil, or other mineral deposits in the land, and the right of the United States, its grantors or lessees, to mine and remove the same. Cordially, yours,
FRANKLIN K, LANE, Secretary.
INDIAN APPROPRIATION BILL.
APRIL 10, 1916.-Committed to the Committee of the Whole House on the state of the
Union and ordered to be printed.
Mr. HAYDEN, from the Committee on Indian Affairs, submitted
[To accompany H. R. 10385.)
The Committee on Indian Affairs, to whom was referred H. R. 10385, making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1917, after full consideration of all Senate amendments thereto, report same back to the House with the following recommendation:
Your committee recommends that the House disagree to all Senate amendments to the bill, and ask that a conference committee be appointed.
TENDERING THANKS OF CONGRESS TO CERTAIN
OFFICERS, PANAMA CANAL.
APRIL 11, 1916.-Referred to the House Calendar and ordered to be printed.
Mr. Adamson, from the Committee on Interstate and Foreign Com
merce, submitted the following
[To accompany H. R. 9134.)
The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 9134) to repeal certain sections and part of section of an act entitled "An act to provide for recognizing the services of certain officers of the Army, Navy, and Public Health Service for their services in connection with the construction of the Panama Canal, to extend to certain of such officers the thanks of Congress, and for other purposes," approved March fourth, nineteen hundred and fifteen, having considered the same, report thereon with amendment and as so amended recommend that it pass.
Amend the bill as follows:
Strike out all after the enacting clause and insert in lieu thereof the following:
That the act of Congress entitled "An act to provide for recognizing the services of certain officers of the Army, Navy, and Public Health Service for their services in connection with the construction of the Panama Canal, to extend to certain of such officers the thanks of Congress, and for other purposes," approved March fourth, nineteen hundred and fifteen, be amended to read as follows:
" That the thanks of Congress are hereby extended to the following officers of the Army and Navy of the United States who, as members of the late Isthmian Canal Commission, have rendered distinguished service in constructing the Panama Canal, to wit, Colonel George W. Goethals, chairman and chief engineer ; Brigadier General William C. Gorgas, sanitary expert; Colonel H, F. Hodges, Lieutenant Colonel William L. Sibert, and Commander H. H. Rousseau.
"SEC. 2. That the President is hereby authorized, by and with the advice and consent of the Senate, to advance in rank one officer of the Corps of Engineers, United States Army, named in section one of this act, to the grade of major general of the line, United States Army, and one officer of the Medical Department, United States Army, named in the same section, to the rank of major general in said department: Provided, That no officer now belonging to said corps or said department shall be deprived of or prejudiced in his regular promotion,
Sec. 3. That for the purposes of this act the number of major generals of the line, United States Army, is increased by one and the rank of the head of the Medical Department, United States Army, is made that of a major general; Provided, That the officer who may be advanced and appointed major general in the Medical Department, United States Army, shall thereupon become the head of such department, and the operation of so much of section twenty-six of the act of February second, nineteen hundred and one, as limits the term of office of the head of the Medical Department, United States Army, shall be suspended during the incumbency of the head of the department who may be appointed under this act: Provided further, That whenever any officer advanced under the provisions of this act to the grade of major general, United States Army, shall become separated from the active list of the Army by retirement or otherwise, the extra office or grade to which he shall have been so advanced or appointed shall cease and determine, and if such officer was, prior to such separation, the head of the Medical Department, thereafter the rank of the head of the Medical Department, United States Army, shall be that of a brigadier general: Provided also, That the President, upon the retirement of the officers of the United States Army and Navy named in section one of this act and not advanced in rank in accordance with section two, is hereby authorized, by and with the advice and consent of the Senate, to advance said officers one grade on the retired list.
SEC. 4. That all parts of said act not herein reenacted are hereby repealed.” The purpose of the bill herewith reported is to correct an erroneous provision contained in an act entitled “An act to provide for recognizing the services of certain officers of the Army, Navy, and Public Health Service for their services in connection with the construction of the Panama Canal, to extend to certain of such officers the thanks of Congress, and for other purposes," approved March 4, 1915.
The House passed a bill to extend the thanks of Congress and to provide certain promotion for Col. Goethals, Col. Gorgas, Col. Hodges, Col. Sibert, and Commander Rousseau, who were the engineer commissioners who superintended the construction of the canal.
In the Senate the bill was amended so as to confer various benefits upon certain inferior officers of the Army and the Public Health Service and also to prevent the subsequent order of promotion of the before-mentioned engineer canal commissioners. The provision directly contradicted a provision in the bill passed by the House providing that the benefits of that bill should not interfere with the usual and ordinary opportunities for promotion.
The bill came back to the House with those amendments in the last hours of the Sixty-third Congress and the amendments were concurred in. Your committee thinks those amendments erroneous and proposes to revise and reenact the aforesaid act so as to eliminate and repeal said amendments. Said amendments were wrong for two reasons. First: They detract from the honor and distinction intended for the engineer commissioners by making the benefits conferred so cheap and common through the recognition of other minor and inferior officers for whom such recognition was not intended and by such recognition of them the honors intended for the engineer commissioners are rendered less conspicuous and signal. Second: Such recognition of the minor and inferior officers of the Army and Public Health Service has misled the other officers of the Army and Public Health Service, as well as the civilian employees on the Isthmus, all of whom are insisting that they also ought to be recognized and rewarded by promotions and by a bonus. Your committee does not