MEMORIALS TO THOMAS JEFFERSON AND ALEXANDER HAMILTON. JANUARY 22, 1913.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. GARDNER, from the Committee on the Library, submitted the following REPORT. [To accompany S. 745.] The Committee on the Library, to which was referred the bill (S. 745) providing for a statue to Thomas Jefferson, has considered it and reports it to the House with the following amendments: Amend the title to make it read: "An act providing for the erection of memorials to Thomas Jefferson and Alexander Hamilton in the District of Columbia." Amend the text by striking out all after the enacting clause and inserting the following words: That a commission is hereby created, to be composed of the Secretary of State, the Secretary of the Treasury, the chairman of the Committee on the Library of the Senate, and the chairman of the Committee on the Library of the House of Representatives of the Sixty-second Congress, to select sites on the public grounds in the District of Columbia, exclusive of the Capitol Grounds and the grounds of the Library of Congress, for memorials to Thomas Jefferson and Alexander Hamilton, to cost, complete, not to exceed $100,000 each; and to procure plans and designs for the same, to be reported to Congress during its next session, the sum of $10,000 is hereby appropriated out of any money in the Treasury not otherwise appropriated. SEC. 2. There shall be deducted from the $100,000 authorized for the erection of the memorial to Alexander Hamilton a sum equal to that turned over to the commission by the Alexander Hamilton Memorial Association. SEC. 3. The designs of the memorials shall be subject to the approval of the Commission of Fine Arts. There has been a persistent and growing demand for some sort of memorial in Washington to the two great American statesmenThomas Jefferson and Alexander Hamilton. This demand found expression in the formation of the Alexander Hamilton Memorial Association, whose purpose is suggested by its name, and in an act of the Fifty-eighth Congress creating a commission to procure plans and designs for a statue of Thomas Jefferson to be erected in the District of Columbia. The Alexander Hamilton Memorial Association, formed in 1908, has worked diligently toward the accomplishment of its purpose, and its members are to be congratulated on their patriotism. But the erection of a memorial to Alexander Hamilton should not be left to individuals. Rather should this tribute be paid him by the Nation. The association has on hand nearly $6,000, which will be turned over to the commission created by this act, to be used in part payment of the cost of erecting the Hamilton memorial. In the Fifty-eighth Congress the sundry civil act contained a provision creating a commission to select a site on the public grounds in the District of Columbia for a statue of Thomas Jefferson, to cost complete not to exceed $100,000, and to procure plans and designs for the same to be reported to Congress during its next session. Five thousand dollars was appropriated for the preparatory work. John Hay, then Secretary of State, was chairman of the commission, but his illness and subsequent death delayed the execution of the order of Congress. Augustus St. Gaudens, who was subsequently chosen to design the statue, died without having completed the work. Before another sculptor could be selected the appropriation lapsed. It is to be regretted that in Washington there is no memorial either to Hamilton or to Jefferson, for those two great names are indissolubly linked with the foundation of our Government. Both were great men in the truest sense. Representing as they did different schools of political thought, their services to this Nation were only the more emphasized by their divergent views upon governmental affairs. Lack of commemorative marble shafts has not deprived them of their rightful places in the country's history. The memorials proposed in this measure represent a grateful people's tardy, but none the less sincere, recognition. Early in the first session of this Congress the Senate unanimously passed bills authorizing the erection of memorials to Hamilton and Jefferson. Your committee has thought it wise to join the two measures, and now recommends that S. 745 be amended and, as amended, be passed. EXCHANGE OF SCHOOL LANDS. JANUARY 23, 1913.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. RAKER, from the Committee on the Public Lands, submitted the following REPORT. [To accompany S. 5068.] The Committee on the Public Lands, to whom was referred the bill (S. 5068) to authorize the Secretary of the Interior to exchange lands for school sections within an Indian, military, national forest, or other reserve, and for other purposes, having had the same under careful consideration, beg leave to recommend that the bill do pass. There is at the present time a bill (H. R. 25738) before the House of Representatives which is identical in its provisions to Senate bill 5068, with the exception of the words, "in his discretion," added in line 4, page 1, Senate bill, which is not in the House bill, and the proviso commencing at the end of line 24, page 2, and ending on fine 2, page 3, as follows: "And provided further, That the provisions of this act shall not apply to the State of Idaho," which provision is not in the House bill; otherwise Senate bill 5068 and House bill 25738, now on the House Union Calendar No. 331, are identical. The report of the House Committee on the Public Lands on H. R. 25738 gives in full the need of such legislation as provided for in S. 5068, and the House report is then made a part of the report on Senate bill 5068 in full, which report is hereby made a part of this report. [House Report No. 1009, Sixty-second Congress, second session.] The Committee on the Public Lands, to whom was referred the bill (H. R. 25738) to authorize the Secretary of the Interior to exchange lands for school sections within an Indian, military, national forest, or other reservation, and for other purposes, having had the same under consideration, report it back without amendment and with the unanimous recommendation that the bill do pass. This legislation is recommended by the Department of the Interior, the Department of Agriculture, and the Department of Justice, and also the authorities of the State of California, and also by the Legislature of the State of California, which is for the purpose of carrying out an adjustment and settlement made between the Land Department and the authorities of the State of California and confirmed by the legislature of that State. This legislation is necessary and is urged by the Department of the Interior as well as by the authorities of the State of California, as will appear from the hearings had before the committee on H. R. 19344. The committee has had full hearings upon the matter involved in this bill, which hearings have been printed. The hearings applied to H. R. 19344, the provisions of which are incorporated in this bill with the amendments, which amendments are recommended by the various departments. The reports of the Department of the Interior, the Department of Justice, and the Department of Agriculture, and a copy of the act of the Legislature of the State of California and reports of the Attorney General and Surveyor General upon the State follow. By request the chairman of the Public Lands Committee submitted the matter to the Department of the Interior under bill H. R. 25738, and on July 15, 1912, Mr. Samuel Adams, First Assistant Secretary, Department of the Interior, made the following report: Hon. JOSEPH T. ROBINSON, DEPARTMENT OF THE INTERIOR, Chairman Committee on Public Lands, House of Representatives. SIR: Surveyor Gen. Kingsbury, of the State of California, has left with me a copy of H. R. 25738, being "A bill to authorize the Secretary of the Interior to exchange lands in school sections within an Indian, military, national forest, or other reservation, and for other purposes." This bill is identical with H. R. 19344, as amended, with the following additional proviso: With "Provided further, That this act shall not be construed to authorize the approval of selections embracing lands withdrawn as mineral under the act of June twenty-fifth, nineteen hundred and ten, entitled 'An act to authorize the President of the United States to make withdrawals of public lands in certain cases' (Thirty-sixth United States Statutes at Large, pages eight hundred and forty-seven to eight hundred and forty-eight), until such lands have been found to be nonmineral and for that reason restored, but nothing herein contained shall prevent a limited approval, when the lands are within only a coal withdrawal, excluding from the approval coal deposits." H. R. 19344 has been the subject of a previous report by this department. respect to the additional amendment, I have to report that as amended it is but declaratory of the policy of this department respecting action upon indemnity school land selections. Such a selection is not effective until approved, and until such approval the lands selected may be set apart or appropriated for any public use, and their character, as to mineral or otherwise, is open to inquiry and investigation. Departmental approval is never given to an indemnity selection so long as the lands remain withdrawn or are under investigation as to their mineral character. The department, while believing the amendment to be unnecessary, sees no serious objection to its incorporation into the pending measure if thought advisable. It was stated to me by Gen. Kingsbury that the committee was favorable to the bill in its amended form, but desired, before taking final action thereon, to be advised as to the views of this department, and I am making this report at this time without a formal reference from your committee in order to facilitate action upon the measure. Very respectfully, SAMUEL ADAMS, First Assistant Secretary. On the request of Mr. Raker, member of the Committee on the Public Lands, the proposed amendment to H. R. 19344 was submitted to Hon. Walter L. Fisher, Secretary of the Interior, which amendment is included and made a part of this bill and thereby H. R. 25738 was introduced, which report is as follows: Hon. JOHN E. RAKER, DEPARTMENT OF THE INTERIOR, House of Representatives, Washington, D. C. SIR: At your informal request, I have considered the advisability, from a governmental standpoint, of accepting the following proposed amendment to H. R. 19344, namely: "And provided further, That this act shall not be construed to authorize the approval of selections embracing lands withdrawn as mineral under the act of June twentyfifth, nineteen hundred and ten, entitled 'An act to authorize the President of the United States to make withdrawals of public lands in certain cases' (Thirty-sixth United States Statutes at Large, pages eight hundred and forty-seven and eight hundred and forty-eight) until such lands have been found to be nonmineral and for that reason restored; but nothing herein contained shall prevent a limited approval, when the lands are within only a coal withdrawal, excluding from the approval coal deposits." Responding thereto, I have to say that this amendment is but declaratory of the uniform policy of this department respecting action upon pending indemnity school selections of any character whatsoever. It is the ruling of this department that such a selection is not effective until approved, and that until such approval the lands sought to be selected may be appropriated for any public use, and the character of the selected lands is open to inquiry and investigation. It follows, therefore, that approval is never given to an indemnity selection so long as the lands may be withdrawn or are under investigation as to their mineral character, and in event the lands are found to be mineral the selection is canceled. The department, therefore, while believing the amendment to be unnecessary, sees no objection to its incorporation in the pending measure, if thought advisable, Very respectfully, WALTER L. FISHER, Secretary. The following telegrams passed between W. S. Kingsbury, surveyor general of the State of California, and M. C. Glenn, deputy attorney general, and Mr. Raker and the Hon. U. S. Webb, attorney general. The telegram of Mr. Raker is the same as that of Mr. Kingsbury and the attorney general's telegram is that hereafter set out: M. C. GLENN, Deputy Attorney General, Sacramento, Cal.: WASHINGTON, D. C., July 8, 1912. Is this amendment drawn by Clements, approved by Raker, Rankin, and myself, satisfactory? "That this act shall not be construed to authorize the approval of selections embracing lands withdrawn as mineral under the act of June twenty-fifth, nineteen hundred and ten, until such lands have been found to be nonmineral and for that reason restored; but nothing herein contained shall prevent a limited approval, when the lands are within only a coal withdrawal, excluding from the approval the coal deposits. Please wire early answer. W. S. KINGSBURY. SACRAMENTO, CAL., July 9, 1912. Hon. W. S. KINGSBURY, New Willard Hotel, Washington, D. C.: I think the proposed amendment is satisfactory. Even without this amendment the Secretary would not approve selections of land embracing lands withdrawn until the mineral character of the land is established, and proposed amendment simply states such facts. Hon. J. E. RAKER, M. C., Washington, D. C.: to me. M. C. GLENN, Deputy Attorney General. SAN FRANCISCO, CAL., July 9, 1912. telegram of 8th instant satisfactory U.S. WEBB, Attorney General. In relation to that part of the bill found on page 3, commencing with the word "Provided," in line 4, down to and including the word "established," in line 10, submitted to the Department of Justice, the following report was made thereon: Hon. JOHN E. RAKER, M. C., House of Representatives. DEPARTMENT OF JUSTICE, Washington, D. C., June 14, 1912. MY DEAR MR. RAKER: I read with much interest your report No. 566 on H. R. 19344, as amended. The title of the bill is "to authorize the Secretary of the Interior to exchange lands for the school sections within an Indian, military, national-forest, |