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mitted to the War Department under date of February 8, 1935, with a request fo: the views of the Department relative thereto.

There is no existing law authorizing the extension of city streets across military reservations.

The proposed legislation will not involve the Government in an expenditure of funds.

In view of the public need, and in view of the wording of the proposed bill, by which military interests are safeguarded, the War Department has no objection to its being enacted into law.

Sincerely yours,

GEO. H. DERN, Secretary of War.

Favorable report of your committee on a similar bill during the Seventy-second Congress, being Senate Report No. 42, to accompany S. 187, follows:

The Committee on Military Affairs, to whom was referred the bill (S. 187) to authorize the Secretary of War to grant a right-of-way for street purposes upon and across the San Antonio Arsenal, in the State of Texas, having considered the same, report favorably thereon with the recommendation that it do pass.

A similar bill passed the Senate in the Seventy-first Congress, but failed to receive action in the House of Representatives. The committee's report on that bill is made a part of this report and reads as follows:

"The Committee on Military Affairs, to whom was referred the bill (S. 6050) to authorize the Secretary of War to grant a right-of-way for street purposes upon and across the San Antonio Arsenal, in the State of Texas, having considered the same, report favorably thereon with the recommendation that it do pass.

"

The Secretary of War interposes no objection to this legislation. Following is his letter of February 3, 1931, to Hon. Morris Sheppard, submitting a draft of this bill, together with its enclosures and a letter from Mr. C. M. Chambers, mayor of the city of San Antonio, Tex., to Hon. Morris Sheppard:

Hon. MORRIS SHEPPARD,

United States Senate.

WAR DEPARTMENT, Washington, February 3, 1931.

DEAR SENATOR SHEPPARD: Further reference is made to your letter of January 9, 1931, and enclosures requesting reconsideration of the application of the city of San Antonio for the opening of a street through the San Antonio Arsenal, Tex. The matter has been carefully reconsidered and decision has been reached that objection will not be made to a right-of-way for a roadway through the said reservation, substantially as recommended by a board of officers convened pursuant to S. O. 312, Headquarters Eighth Corps Area, December 28, 1929. An excerpt of the recommendaton of the board of officers is enclosed in which appears a description of the proposed right-of-way.

The Secretary of War does not possess any authority to permit the extension of city streets on military reservations, and special legislation is necessary. No objection will be interposed by the War Department to legislation in the attached form of bill, which will enable the Secretary of War to require, incident to the grant, the fulfillment by the city of San Antonio of the conditions recommended by the board of officers.

A similar letter is being addressed to Congressman Harry M. Wurzbach, who under date of January 7, 1931, also requested reconsideration of the application of the city of San Antonio.

The inclosures which accompanied your letter of January 9, 1931, are returned as requested.

Sincerely yours,

PATRICK J. HURLEY,
Secretary of War.

[Excerpt from proceedings of a board of officers convened pursuant to par. 2, 8. O. No. 312, Headquarters Eighth Corps Area, December 28, 1929]

V. RECOMMENDATIONS

1. That the city of San Antonio be authorized to construct a street across the San Antonio Arsenal as shown on exhibit D under the following conditions:

(a) That the roadway be 80 feet in width, including paved street, curbs, and sidewalks, all to be constructed and maintained at city expense.

(b) That the roadway be exactly as shown on exhibit D, and described more particularly as follows:

Beginning at a point on the south boundary line of the San Antonio Arsenal Military Reservation, 519.7 feet from the southwest corner of the reservation, which corner bears N. 70°22′ E. 4.2 feet from a city monument set in the sidewalk at the intersection of South Flores Street and Arsenal Streets; thence N. 26°15′ E. 723.9 feet to a point on the north boundary line of the reservation; thence S. 64°45' E. 30.1 feet along the north boundary to an angle in the fence; thence S. 59°15' E. 50 feet to a point on the north boundary; thence S. 26°15' W. 720.3 feet to a point on the south boundary of the reservation; thence N. 63°45′ W. 80 feet along the south boundary line to the place of beginning, containing within the above-described tract 57,842.3 square feet or 1.33 acres.

(c) That the city be assessed as damages, and to cover the necessary costs of the arsenal reconstruction, the sum of $113,000.

(d) That in addition to the foregoing the city bear any cost of wrecking or removal of the buildings and structures lying within the recommended right of way.

2. That the damages assessed against the city be made available and utilized for the construction and rearrangement outlined in paragraph 5, section IV, as shown on exhibit D.

3. That permission to construct the street across the arsenal be contingent upon its extension southward from the arsenal to form an adequate arterial thoroughfare to the point where the Pleasanton Road enters South Flores Street. 4. That the actual construction of the roadway across the arsenal, and the wrecking or removal of the buildings lying in its path, be not authorized to begin until

(a) The extension of Main Avenue southward to the Pleasanton Road shall have been completed.

(b) The new shop building shall have been constructed, equipped, and in operation.

(c) The four new sets of noncommissioned officers' quarters shall have been constructed.

*

A BILL To authorize the Secretary of War to grant a right of way for street purposes upon and across the San Antonio Arsenal, in the State of Texas

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized to grant an easement for a right of way to the city of San Antonio, State of Texas, to construct and maintain a street, to be known as Main Avenue on the San Antonio Arsenal Military Reservation, Tex., on such terms and conditions as the Secretary of War may prescribe: Provided, That the construction and maintenance of said thoroughfare shall be without expense to the United States and whenever the lands within said right-of-way shall cease to be used for street or highway purposes, they shall revert to the United States.

Hon. MORRIS SHEPPARD,

SAN ANTONIO, TEX., January 5, 1931.

United States Senate, Washington, D. C. DEAR SENATOR: The city of San Antonio is endeavoring to bring about the opening of a street through the San Antonio Arsenal, two prominent streets, Dwyer and Main Avenues, having no outlet when they reach the arsenal grounds. The congestion of traffic on South Flores Street has reached a point where the opening of one of these streets through the arsenal grounds is absolutely essential, and the city will very much appreciate if you will try to have this matter again submitted, or taken up with the proper authorities in Washington.

In the year 1929, the matter of securing an extension of Main Avenue and Dwyer Avenue through the grounds of the San Antonio Arsenal was taken up with the Ordnance Department. After some discussion of the matter a letter was written on December 11, 1929, by me to Maj. Gen. C. C. Williams, Chief of Ordnance, requesting that permission be granted for the extension of these streets through the arsenal. By letter dated December 20, 1929, Major General Williams advised me that it appeared the needs of the community would be sufficiently satisfied if Main Avenue was extended across the arsenal, and that it

was recommended that a board of officers from the Eighth Corps Area, including the commanding officer of the San Antonio Arsenal, be appointed to recommend a basis on which the Secretary of War might be willing to concede the extension of this avenue through the arsenal.

By letter dated December 30, 1929, Col. Earl I. Brown advised me that such a board, consisting of himself, Maj. Tom J. Hays, and Maj. Everett Collins, had been appointed. This board later met and recommended the granting of a permit for the extension of a road through the arsenal, in accordance with location set out on a map, a copy of which is attached hereto. By letter dated December 19, 1929, the county judge and the county commissioners of Bexar County joined the city's request that Main Avenue be extended through the arsenal.

About March 24, 1930, a committee consisting of Congressman John Garner, of Texas; Paul E. Steffler, city street commissioner of San Antonio; C. C. Trawalter, county commissioner; C. S. Fowler, representing the property owners of San Antonio on Main Avenue in the vicinity of the arsenal; and W. B. Tuttle, representing the Chamber of Commerce of San Antonio, called at the office of the Chief of Ordnance at Washington, where they were advised by Gen. Samuel Hof, then Assistant Chief of Ordnance, that he desired to return the report of the board to Fort Sam Houston, and for that reason the committee did not call on the Secretary of War to present their case to him. General Hof assured the committee and Congressman Garner that the report would be returned to San Antonio, but for some reason the report was sent to the War Council, consisting of the Secretary of War, The Assistant Secretary of War, and the Chief of Staff. It was then requested that a hearing be given, and the date of May 14 was set for this hearing. This hearing was later postponed on account of illness of the Secretary of War, but the authorities in the War Department acted without the hearing being held, and by letter dated May 21, 1930, the Hon. Trubee Davison, Assistant Secretary of War, advised the Hon. Perry S. Robertson, county judge of Bexar County, that the matter had received careful attention, and that it had been decided that there was military objection to the granting of the rightof-way for the road in question.

It is respectfully requested the granting of the extension of Main Avenue across the arsenal grounds be reconsidered and that the authorities and citizens of San Antonio be given an opportunity to have a hearing in the matter.

Respectfully submitted.

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74TH CONGRESS 1st Session

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SENATE

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REPORT No. 387

TO AUTHORIZE THE TRANSFER OF CERTAIN MILITARY RESERVATIONS TO OTHER DEPARTMENTS OF THE GOVERNMENT

MARCH 13 (calendar day, MARCH 29), 1935.-Ordered to be printed

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

REPORT

[To accompany S. 2394]

The Committee on Military Affairs, to whom was referred the bill (S. 2394) to authorize the transfer of certain military reservations to other departments of the Government, and for other purposes, having considered the same, report favorably thereon with a recommendation that it do pass.

This measure is recommended and approved by the War Department. It provides that the Secretary of War is authorized to transfer to the Justice, Agriculture, Commerce, Treasury, and Navy Departments, Veterans' Administration, and to the people of Puerto Rico, certain described lands in the reservations set forth in the bill, upon determination by him that the lands involved or portions thereof are no longer needed for military purposes. The bill carries a proviso clause to the effect that in the event any of these reservations or portions thereof shall at any future time become surplus to the needs of the department to which transferred, the head of such department is directed by the measure to transfer the same back to the Secretary of War to be sold under the provisions of the act of March 12, 1926 (44 Stat. 203). The bill also carries a proviso clause to the effect that in the event the transfer of any of these reservations or portions thereof is not desired by the departments set forth by the bill, the Secretary of War, after the expiration of 90 days following the enactment of S. 2394, shall be authorized to sell such reservations, or any portion thereof, under the provisions of the act of March 12, 1925 (44 Stat. 203).

The properties involved in S. 2394 are no longer required for military purposes, and are now occupied or desired by other departments. The

S. Repts., 74-1, vol. 1-35

lands involved, and the agencies to which they are to be transferred in each instance, are as follows:

DEPARTMENT OF JUSTICE

Park Field, Tenn., Fort Eustis, Va., Camp Lee, Va., and Alcatraz Island, Calif. Fort Eustis, Camp Lee, and Alcatraz Island are occupied by the Department of Justice and the Attorney General desires that said reservations, together with Park Field, be transferred to the jurisdiction of the Department of Justice.

DEPARTMENT OF AGRICULTURE

Fort DeSoto, Fla. This reservation consists of six islands in Tampa Bay and the Secretary of Agriculture desires that five of the islands be transferred to the jurisdiction of the Department of Agriculture to be used as a migratory-bird refuge. No improvements are located on the islands proposed for transfer.

VETERANS' ADMINISTRATION

Fort Wiley, Calif. Twenty-three acres of this reservation are now occupied by the Veterans' Administration for hospital purposes and the transfer of the hospital site to the jurisdiction of the Veterans' Administration is desired.

DEPARTMENT OF COMMERCE

Gasparilla Island, Fla.; Fort Popham, Maine; Salisbury Beach, Mass. Fort Dade, Fla. (portion); and Fort Livingston, La. These prop erties have been occupied by the Department of Commerce for permanent lighthouse purposes for many years and their transfer to the control and jurisdiction of the Secretary of Commerce is desired. In the case of Gasparilla Island, Fort Popham, and Salisbury Beach, the reservations have been sold to private interests with the exception of the lighthouse areas. The remaining portion of Fort Dade is occupied by the Treasury Department for Coast Guard purposes.

TREASURY DEPARTMENT

Fort Caswell, N. C., and a portion of Fort Dade, Fla. These properties are now occupied by the Treasury Department for Coast Guard activities and their transfer to the control and jurisdiction of the Secretary of the Treasury is desired. Fort Caswell has been sold to private interests with the exception of the Coast Guard station site, and the remaining portion of Fort Dade is occupied by the Department of Commerce for lighthouse purposes.

NAVY DEPARTMENT

Mariveles Military Reservation, P. I., and the Squantum Reservation, Mass. About 390 acres of the Mariveles Military Reservation are required by the Navy Department for the site of an ammunition storage depot. The Squantum Reservation was formerly a part of the U. S. Naval and Submarine Base transferred to the War

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