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witness so summoned, for his actual travel and attendance, as shall be officially certi. fied to by the officer reviewing the case, not exceeding the rate allowed for fees to witnesses for travel and attendance in the district courts of the United States.

Sec. 4. That the Secretary of Commerce shall make such regulations as may be necessary to secure a proper enforcement of the provisions of this act.

Sec. 5. That section forty-four hundred and fifty-two of the Revised Statutes, as amended by section six of the act of March third, nineteen hundred and five, is hereby repealed respectfully reports the same back to the House without amendment, with the recommendation that it do pass.

The reasons for the enactment of this measure may be found in certain facts ascertained in the investigation of the Eastland disaster at Chicago in July, 1915.

It developed in the course of that investigation that the action of the local inspectors was final under existing law, with relation to various situations vitally affecting the public interests. In connection with this investigation the Secretary of Commerce secured the aid of several prominent men in Chicago who acted as an advisory committee. At the conclusion of the hearing these gentlemen made a number of recommendations. One of these recommendations was to the effect that in all cases where the power of decision of the local inspectors was final under existing law, an appeal shall be provided for all the parties directly concerned. The primary purpose of this bill is to afford this appeal, the course of the same being from the local inspectors to the supervising inspector, and from the supervising inspector to the supervising inspector general. The provisions of this bill would allow an appeal to an officer convicted by the local inspectors of dereliction of duty, and in case of acquittal & like appeal is provided for the department.

Again, the local board of inspectors might make an entry in a certificate of inspection allowing the use of a less number of officers than the considerations of safe navigation for the vessel inspected would suggest as necessary and proper. Under these circumstances the owners of the vessel from motives of selfish personal interest might not take an appeal, but would be willing to abide by the action of the inspectors. This bill provides in such a case not only for a review on his motion by the supervising inspector of any action of the local inspectors, but affords in addition an appeal from the decision of the local board, to any person directly interested in, or affected by its decision. The reasons for the passage of this measure, are both obvious and impelling. Appended will be found the letter of the Secretary of Commerce to the chairman of this committee, with the accompanying documents.

DEPARTMENT OF COMMERCE,

OFFICE OF THE SECRETARY,

Washington, December 21, 1915. MY DEAR JUDGE ALEXANDER: I shall be glad if you will attach this letter to that which I have heretofore written you respecting H. Ř. 4783.

The inclosed is one of the regular accident reports made to me by the SteamboatInspection Service. Attached to it is a copy of the letter I have sent to the service in the matter. The penalty of 30 days' suspension of license for such violation of regulations as has resulted in this case in the sinking of the steamer and the loss of two lives is absurdly inadequate. Nothing can be done about it, however, by the department. There is no appeal. I can write the letter of which copy is herein, but if

the inspectors see fit they can do the same thing again. The suspension should have
been for at least six months. It is wholly wrong that the Government should find its
hands tied in matters of this kind, and it is subversive of the discipline which the
service exists to preserve.
Yours, very truly,

WILLIAM C. REDFIELD, Secretary.
Hon. J. W. ALEXANDER,

House of Represcntatives, Washington, D. C.

ST

DEPARTMENT OF COMMERCE,
STEAMBOAT-INSPECTION SERVICE,

Washington, December 8, 1915.
The SECRETARY OF COMMERCE:

Pursuant to instruction, you will please find below report of accident in which a vessel subject to the inspection of this service was concerned: Names of vessels: Towing steamers Lackawanna and Triton. Line or owner: Delaware, Lackawanna & Western Railroad Co., New York, N. Y., and the Independent Pier Co., Philadelphia, Pa., owners, respectively. Officers in charge of vessel: M. Brophy and Thomas 0. Moon, masters, respectively. Local district in which accident occurred: Boston. Place of accident: Ilandkerchief Light Vessel. Date of accident: August 15, 1915. Nature and extent of accident: Collision, causing the towing steamer Lackawanna to sink.

Cause of accident: Violation of regulations governing tows of seagoing barges on inland waters.

Number of lives lost: Two. Vessels were last inspected at Hoboken, N. J., and Philadelphia, Pa., respectively, on September 17, 1915, and May 18, 1915, respectively, by C. Smith and H. McPherson, assistant inspectors of hulls, and W. G. Fenwick and C. A. Mattson, assistant inspectors of boilers.

Action taken: Case investigated and the licenses of the masters of both these vessels were suspended for a period of 30 days.

Remarks.--- The barge Nanticoke in tow of the tug Triton collided with the tugboat Lackawanna, causing the latter to sink soon after. The mate and the cook of the Lackauanna were drowned, and the remainder of the crew of the Lackawanna, 14 men, were rescued in their lifeboat. This case was investigated by the local inspectors at Boston and charges were preferred against the masters of these vessels. M. Brophy, master of the Lackawanna, was tried and found guilty of violation governing tows of seagoing barges on inland waters and his license was suspended for 30 days. Thomas (). Moon, master of the tug Triton, failed to appear at his trial on the dates he was directed to do so, and upon his failure to appear the board convened for trial and entered a finding of guilty by default and his license was suspended for 30 days, said suspension to begin on the date of the receipt of his license by the local inspectors.

The matter of the short period of the suspension of these men's licenses was taken up by this office with the local inspectors. The local inspectors advised that in arriving at the term of suspension they did not consider any extenuating circumstances, although certain conditions existed that might be considered extenuating.

Geo. Uuler.

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DECEMBER 21, 1915.
SUPERVISING INSPECTOR GENERAL, STEAMBOAT-INSPECTION SERVICE:

I am sending to the chairman of the House of Representatives Committee on Mer-
chant Marine and Fisheries accident report 71663 of December 8, respecting the loss
of the towing steamer Lackawanna, and with it goes a copy of this letter. I am using
this example to urge the enactment of H. R. 4783, which would give the department
the right of appeal from such absurd decisions as that in this present case.
Here is a case in which it is admitted that the captain of a towing steamer so acted
that a collision ensued causing the loss of the towing steamer Lackawanna with two
lives

. The penalty is a suspension of license for 30 days. It is hard for me to con ceive the condition of mind in which so trifling a penalty is imposed for so serious an offense. The regulations intended to save life and property were broken and logs

HR-64-1-vol 2-16

of life and property both ensued. What worse offense is there that a marine captain could commit than this? It is not the absence of skill that is charged. It is not in the strictest sense an accident that is charged. It is a violation of regulations causing the death of human beings and the loss of a steamer. I should expect to see in a caso of this kind an indefinite suspension of license or certainly one for a period of not less than six months. I deeply regret that the law seems such that charges can not be brought against the local inspectors who impose this trivial penalty for neglect of duty.

I wish you to impress upon them that I regard them as having been derelict and as deserving of a severe reprimand. I trust in future cases they may show a higher sense of the value of human life and of the purpose for which they sit in judgment on violators who by such violations cause loss of life and property.

WILLIAM C. REDFIELD, Secretary.

O

PUBLIC LANDS FOR CEMETERY AND PARK PURPOSES.

APRIL 5, 1916.-Committed to the Committee of the Whole House on the state of the

Union and ordered to be printed.

Mr. TAYLOR of Colorado, from the Committee on the Public Lands,

submitted the following

REPORT.

[To accompany H. R. 11162.)

The Committee on the Public Lands, to whom was referred the bill (H. R. 11162) to amend an act entitled “An act to authorize entry of public lands by incorporated cities and towns for cemetery and park purposes," approved September 30, 1890, and for other purposes, having had the same under consideration respectfully recommend that it be amended as follows:

Page 2, strike out all of line 19 after the word “county” and all of line 20, and insert in lieu thereof the following: applying therefor, and when such application is made by any incorporated city or town, such lands to be within the exterior limits of the county in which it is situated and within thirty miles of such city or town.

Page 3, line 11, strike out the words "the Interior" and insert in lieu thereof the word "Agriculture." And that as so amended the bill do pass.

A bill similar to this was introduced on the opening day of this session of Congress, December 6, 1915, as H. R. 41. That bill was referred by your committee to the Interior Department for report, and the Secretary reported thereon as follows:

DEPARTMENT OF THE INTERIOR,

Washington, February 8, 1916. My Dear Mr. FERRIS; I am in receipt of your request for report upon H. R. 41, and after a conference with the author of the bill, Mr. Taylor, have drafted a substitute measure, which, it is believed, will better accomplish the purpose sought. I inclose copy of the said substitute, and have to advise that I know of no objection to the enactment thereof. H. R. 41 in its present form should not be enacted; particularly that portion which specifically authorizes cities or towns to select lands in water-power sites for cemetery of sewer purposes. Cordially, yours,

FRANKLIN K. LANE,

Secretary of the Interior. Hon. Scott FERRIS,

Chairman Committee on the Public Lands, House of Representatives.

A BIH To amend an act entitled "An act to authorize entry of the public lands y incorporated cities and towns for cemetery and park purpose," approved Šeptember thirtieth, eighteen hundred and ninety, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of Congress approved September thirtieth, eighteen hundred and ninety, entitled “An act to authorize entry of the public lands by incorporated cities and towns for cemetery and park purpose” (Twenty-sixth Statutes at Large, page five hundred and two), be, and the same is hereby, amended to read as follows:

“That any incorporated city or town shall have the right, under rules and regulations prescribed by the Secretary of the Interior, to purchase at $1.25 an acre, for cemetery or sewerage purposes, not exceeding one-quarter section of nonmineral public lands not reserved for public use other than for a forest reserve, such lands to be located within five miles of the city or town applying therefor.

“SEC. 2. That any incorporated city or town shall have the right to select and acquire, under rules and regulations prescribed by the Secretary of the Interior, at $1.25 an acre, not exceeding six hundred and forty acres of nonmineral public lands not reserved for public use other than for a forest reserve, necessary or useful for the protection of the water supply of said city or town, such lands to be located within twenty miles of the city or town applying therefor.

“Sec. 3. That any county or incorporated city or town shall have the right, under rules and regulations prescribed by the Secretary of the Interior, to select and acquire title to not exceeding six hundred and forty acres of nonmineral public lands not reserved for public use other than for a forest reserve, for public park purposes, such lands to be within the exterior limits of the county or within thirty miles of the incorporated city or town applying therefor: Provided, That any such selection and grant for public park purposes shall be upon the express condition that the county, city, or town shall construct and maintain a substantial and permanent wagon and automobile road to the exterior limits of such public park, and in the case of the incorporated city or town such road shall extend from the city or town in question to the exterior limits of the public park.

"Sec. 4. That all patents issued under the provisions of this act shall contain the stipulation and reservation that the lands shall revert to the United States in case the county, city, or town shall fail to comply with the conditions herein expressed, shall fail to occupy or use the lands for the purpose granted, or shall attempt to sell or dispose of the same: Provided, That selections under this act for lands within forest reserves shall be subject to approval by the Secretary of the Interior."

That substitute bill recommended by the Secretary of the Inte rior was introduced by Mr. Taylor on February 9, 1916, as H. R. 11162, which is the bill under consideration. This bill was also referred by the committee to the Interior Department for report, and on March 8, 1916, the Secretary again reported thereon as follows:

DEPARTMENT OF THE INTERIOR,

Washington, March 8, 1916. MY DEAR MR. FERRIS: I am in receipt of your request for report upon H. R. 11162, a bill which proposes to authorize the selection by incorporated cities or towns of lands for cemetery, sewerage, or water supply purposes, and by counties, cities, or towns of lands for public-park purposes.

The bill was drafted in this department and suggested as a substitute for H. R. 41, and the department has no objection to interpose to its enactment. The author of the bill, in communication dated February 13, 1916, states that some members of the Public Lands Committee have suggested amendments, and he would like to have some discussion of the proposed amendments hy this department.

The first suggestion mentioned is that there should be some provision preventing the location of water-power sites as parks; the second suggestion that the limit of distance for parks should be increased from 30 to 50 miles, and a third suggestion to the effect that the bill should permit counties to locate public parks outside of the limits of the county applying for the park.

It was thought that the existing water-power withdrawals and the authority vested in the Secretary of the Interior to make rules and regulations might be sufficient to preclude the acquirement of valuable power sites, but if this is not deemed sufficient, this department believes that some provision should be made in the bill which will make clear the intent of Congress not to permit the acquisition of such power sites under the provisions of this measure.

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