LANDS FOR RESERVOIR AT LEMMON, S. DAK. MAY 3, 1916.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. GANDY, from the Committee on the Public Lands, submitted the following REPORT. [To accompany S. 3203.] The Committe on the Public Lands, to whom was referred the bill (S. 3203) entitled "An act granting to the city of Lemmon certain lands for reservoir purposes," having had the same under consideration, respectfully recommend that it be amended as follows: Strike out all after the enacting clause and insert in lieu thereof the folowing: That the Secretary of the Interior be, and he is hereby, authorized and directed to cause an appraisement to be made of the land, exclusive of all improvements, embraced in the southeast quarter of the southeast quarter of section ten and the southwest quarter of the northwest quarter of section eleven, in township one hundred and twenty nine north, of range ninety-two west of the fifth principal meridian, in the county of Adams and the State of North Dakota, and in the Dickinson, North Dakota, land district, containing eighty acres; and upon the payment of the appraised price by the city of Lemmon in the State of South Dakota, to convey, by patent, to said city of Lemmon, the said land. Amend the title by striking out the title of the present bill and inserting in lieu thereof the following: "An act authorizing the Secretary of the Interior to sell certain lands to the city of Lemmon, South Dakota." And as so amended that the bill be passed. The city of Lemmon was established about the year 1908, and during the year 1910 the voters of the municipality authorized an issue of $25,000 of waterworks bonds, and said bonds were issued and sold. It was not believed that a sufficient supply of water could be procured on the town site, and arrangements were made with one Bert Barnum, who had a homestead entry on some rough land about 4 miles north of the city, under which the city placed upon said land a large reservoir, costing approximately $20,000. Rights of way were procured for a pipe line from the reservoir to the city, but after the dam was completed and before the pipe line was laid a supply of water was found at a depth of 200 feet on the town site. This supply has to date proved sufficient for the needs of the town, but the reservoir is kept and maintained as a permanent supply of water in case it should become necessary to add to the present supply. After the reservoir had been placed on this land and the money of the city expended, Barnum, the homesteader, offered final proof; but his proof was protested by the field service of the General Land Office, and he later relinquished all right to the land. Two other parties filed applications for the land, but by Executive order, under date of March 30, 1915, the 160 acres involved were withdrawn from the entry until March 5, 1917, in aid of proposed legislation. The bill as it passed the Senate granted 160 acres of land upon payment of $1.25 per acre purchase price, but contained a revocable clause. The improvements placed on this land by the city of Lemmon are on the south 80 acres of the quarter section involved, and the city really desires to purchase only that 80-acre tract. Hence the amendment eliminating 80 acres from the bill. This land is on the high, semiarid prairie, where land values are low. Exclusive of the improvements thereon, this tract of land would sell for only a few dollars an acre, and inasmuch as the city has expended $20,000 in the construction of the reservoir, it is the opinion of the Committee on the Public Lands that the said city of Lemmon ought to have an opportunity to procure complete title to this 80-acre tract, in order that the reservoir may really be a part of the assets of the city. The bill, as recommended by the Committee on the Public Lands, provides that the Secretary of the Interior shall cause an appraisement to be made of the land exclusive of the improvements, and that upon the payment of the purchase price the land shall be patented to the city of Lemmon. It is contemplated that the land could and would be appraised by the field service of the General Land Office in practically the same manner that the land embraced in isolated-tract applications is appraised. Under existing public-land laws isolated tracts or land too rough for cultivation may be sold upon the application of a qualified applicant in tracts not exceeding 160 acres. That law applies to the territory in which this land is located. Attention is directed to the following table, showing township location, serial number, number of acres, the price per acre, and the total purchase price on lands which have been sold under the isolated-tract law within approximately a 6-mile limit from the city of Lemmon: The following letter, under date of April 22, 1916, from the mayor of the city of Lemmon, is self-explanatory as to the desires of the municipal corporation: Hon. HARRY L. GANDY, Washington, D. C. APRIL 22, 1916. DEAR SIR: Answering your telegram relative to Senator Sterling's bill granting reservoir lands to the city. Would say that the Senate bill gave us a full quarter of land, described as E. NW. sec. 10 and W. NW. sec. 11, T. 129 N., R. 92 W., fifth principal meridian. We have since elected to take only the south 80 acres of the land above described, the legal description of what we now want being the SE. † NE. sec. 10 and SW. į NW. sec. 11, above described. We would therefore like to have the Senate bill amended so as to grant to us only the 80 acres last above described. We would like also to have the bill amended so as to strike out the provision as to the land reverting to the Government in case of nonuse and also strike out the provision as to the land being granted for waterworks purposes. Our reason for this is as follows: We have spent over $20,000 in putting in a dam on this land. The land itself being very rough, is of little value without the dam. In order for us to get the benefit of our investment and complete the original plan which called for constructing a pipe line to Lemmon, which is 44 miles from the dam, it will be necessary for us to spend $35,000. At the time we bonded our city and built the dam, we were advised by well drillers that no supply of water could be had at Lemmon from wells, as there was no vein of water under the city unless we went to unreasonable depths. Since building the dam, however, we have discovered a vein of good water 200 feet under the city, which may supply our needs. We would like very much to get an unconditional grant of this land, and to accomplish this end the bill should therefore be amended. We hope that such an amendment will not meet with objection. Yours, very truly, B. R. WATT, Mayor. The bill was referred to the Department of the Interior, and the Secretary of that department furnished the committee with the following report thereon: DEPARTMENT OF THE INTERIOR, Hon. HENRY L. MYERS, Chairman Committee on Public Lands, United States Senate. MY DEAR SENATOR: I am in receipt, for report, of S. 3203. granting to the city of Lemmon, S. Dak., certain lands for reservoir purposes, and, in response thereto, I have the honor to submit the following: The land proposed to be granted is the E. of NW. of sec. 10 and the W. of NW. of sec. 11, T. 129 N., R. 92 W., fifth principal meridian, in the State of South Dakota. The bill contains no provisions for the payment of any purchase price. From the record in this case it appears that on June 29, 1908, Bert A. Barnum made homestead entry 015319 for the E. NE. sec. 10 and W. NW. sec. 11, in said township and range. The city, having purchased lands adjoining those of Barnum, entered into a contract with him on November 5, 1909, for the purchase of the land embraced in his entry, and then assumed possession thereof and erected thereon a dam and a reservoir for the water supply of said city, costing $20,000, the greater part of the right of way to the city having been secured. August 8, 1910, Barnum made commutation proof, which was rejected for insufficient residence, and he having taken no appeal from said rejection, the case was thereafter closed. December 31, 1914, Barnum filed notice of his intention to make the final five-year proof, which proof was made on February 12, 1915, against which the Field Division of the General Land Office protested. On February 16, 1915, Vernon E. Williams, of Lemmon, filed his application to contest said entry, charging failure of residence, cultivation, improvements, and abandonment, action upon which was suspended because of said Government protest, and the final proof was suspended. On February 19, 1915, Barnum executed a relinquishment of his entry, which, on February 23, following, was filed by John M. Pew, accompanied by his homestead application 022592 for the land relinquished, which was allowed of record on February 24, on which day contestant Williams filed another relinquishment of the Barnum entry, purporting to have been executed on February 20, 1915, together with his homestead application 022595 for the same land, which was rejected for conflict with Pew's entry, from which rejection the applicant appealed. On February 24, 1915, the city of Lemmon, by its mayor and commissioners, filed application for the withdrawal, under the provisions of the act of June 25, 1910 (36 Stat., 847), of the land described in the Barnum entry, alleging the facts with reference to the contract made with Barnum, his relinquishment, the entry by Pew, and application to contest by Williams, alleging that the latter, a resident of the city, familiar with the intention of the city, knowing of the great expenditures made in perfecting the plan for water supply, and the occupation and possession of the land by the city, had filed his application with the intention of securing its valuable improvements, which improvements were on the land covered by the Barnum entry, and asked that a hearing be had, if necessary, that the application by Williams be rejected and the entry of Pew canceled. By Executive order of March 30, 1915, the east half of the northeast quarter of said section 10, and the west half of the northwest quarter of said section 11, were withdrawn from appropriation until March 5, 1917, in aid of legislation looking to a granting of the land to the city of Lemmon for a water-supply site. September 24, 1915, the General Land Office rendered a decision affirming the action of the register and receiver, rejecting the Williams application, subject to the right of appeal, and further held that— "If the lands covered by the former relinquished Barnum entry were in the possession of the city of Lemmon, for the purpose as indicated, under its claim of title as aforesaid, they were not subject to appropriation by Pew, upon filing the relinquishment, as aforesaid. (33 L. D., 377.)" Said decision also directed the local officers that in case the decision became final as to Williams they should notify the city of Lemmon or its attorney that it will be permitted to proceed against the Pew entry, by way of contest upon such charges as the facts may warrant, "when testimony should be submitted showing the extent of the city's possession of the lands covered by the Pew entry," in order that action can be taken looking to the cancellation of the Pew entry, either in whole or in part. November 26, 1915, no appeal having been filed by Williams, the General Land Office closed the case as to him, and directed proceedings in the contest by the city of Lemmon. I desire to call attention to the fact that the two 80-acre tracts mentioned in the bill are not contiguous, and if it is the intention to embrace in the bill only the land withdrawn by said Executive order, the bill should be amended by striking out of line 9, on page 1, the word "northwest" and inserting in lieu thereof the word "northeast." If, in the opinion of Congress, upon the facts and circumstances, the bill should be enacted, I recommend that it be amended so as to require the payment by the city of $1.25 per acre as the purchase price for the land, in order that it may be in accordance with legislation heretofore had of a similar character. Cordially, yours, 1st Session. No. 626. FORT ASSINNIBOINE MILITARY RESERVATION, MONT. MAY 3, 1916.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. STOUT, from the Committee on the Public Lands, submitted the following REPORT. [To accompany S. 3646.] The Committee on the Public Lands, to which was referred the bill (S. 3646) to amend the act of February 11, 1915 (38 Stat. L., p. 807), providing for the opening of the Fort Assinniboine Military Reservation, having had same under consideration, begs leave to report it back to the House with the following amendment: Strike out all of section 12, and, as amended, recommends that the bill do pass. The bill was referred to the Department of the Interior by the Committee on Public Lands of the Senate, and the Secretary of that department furnished the following report thereon: DEPARTMENT OF THE INTERIOR, MY DEAR SENATOR: I am in receipt, for report, of a copy of S. 3646, a bill to amend the act of February 11, 1915 (38 Stat., 807), providing for the opening of the Fort Assinniboine Military Reservation. The bill proposes to amend the act in question by the addition of three sections thereto, viz., sections 10, 11, and 12. Section 10 proposes to set apart fractional township 28 north, ranges 15 and 16 east, Montana principal meridian, within the boundaries of said reservation, embracing approximately 30,900 acres, as a permanent reservation for Rocky Boy's Band of Chippewas and such other homeless Indians in the State of Montana as the Secretary of the Interior may see fit to locate thereon, and to authorize allotment of lands within such reservation under the general allotment act of February 8, 1887. (24 Stat., 388.) Section 11 directs the issuance of patent to the city of Havre, Mont., for reservoir purposes of certain described lands comprising two reservoir sites Nos. 1 and 2. Section 12 authorizes and directs the withdrawal of certain lands as a permanent park or camping ground; the land described lying on both sides of Beaver Creek. The lands described in section 11 of the bill are located as to Reservoir No. 1 in sections 25, 26, and 36, township 31 north, range 15 east, about 10 miles from the city of Havre. Eighty acres is embraced in said section 36. Said reservoir site comprises 560 acres. Reservoir site No. 2 is located at least 17 miles from the city of Havre. It comprises 440 acres in sections 28 and 33, township 30 north, range 16 east. It has been the practice in legislation heretofore enacted for reservoir or water-supply |