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CONGRESS,

TO AMEND SECTION 4931 OF THE REVISED STATUTES.

APRIL 12, 1916.-Referred to the House Calendar and ordered to be printed.

Mr. OGLESBY, from the Committee on Patents, submitted the

following REPORT.

[To accompany H. R. 13618.] The Committee on Patents, to whom was referred House bill 13618, respectfully report that they have had the same under consideration and recommend that the bill be passed.

The bill proposes to amend section 4931 of the Revised Statutes.

The amendment consists of adding the following after the semicolon in line 9: "and that during the term of Letters Patent for a design heretofore or hereafter issued for one of the shorter terms, the owner thereof may at any time, but not later than thirty days prior to the expiration of the term for which said patent was issued, file with the Commissioner of Patents his election of one of the longer terms provided by law, said application being accompanied by an amount of money equal to the difference between the fee paid for the patent as issued and the fee that would have been required to be paid had the applicant for said patent originally elected such longer term. The Commissioner of Patents shall thereupon amend and modify the Letters Patent issued in such case so as to include the unexpired balance of such longer terms so elected by the owner of said Letters Patent."

Under section 4931, as it now stands, the inventor of a design has an option as to one of three terms of protection for his invention, based upon the payment of a fee of varying size. As the law now stands he is required to make his election in his application for patent. The amendment proposes to permit him to make his election at any time he desires to do so, providing it is done prior to the time (i. e., the expiration of the patent) when any intervening rights might arise. The amendment does not permit the owner to prolong his patent beyond the statutory term now allowed.

The bill as proposed in its present form meets with the approval of the Commissioner of Patents and is in line with the recommendation made by him in each of his annual reports.

It is believed that the enactment of this law will greatly increase the revenues of the Patent Office, and will furnish an incentive for the development of an American school of designers, because, as stated by the Commissioner of Patents, “The present method of protecting designs is so costly that designers make little use of it."

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CONGRESS, HOUSE OF REPRESENTATIVES. No.

1st Session

RIGHT OF WAY NEAR ENGLE, TEX.

APRIL 12, 1916.-Committed to the Committee of the Whole House on the state of the

Union and ordered to be printed.

Mr. HERNANDEZ, from the Committee on Irrigation of Arid Lands,

submitted the following

REPORT.

[To accompany S. 1843.]

The Committee on Irrigation of Arid Lands, to which was referred the bill (S. 1843) to authorize the Secretary of the Interior to acquire certain right of way near Engle, N. Mex., having had the same under consideration, reports the bill to the House with recommendation that the bill do pass with the following amendments:

On page 2, line 2, after the word "month:' insert the following: "Provided, That the Secretary of the Interior shall at all times have authority to determine the times, place, and manner in which said Atchison, Topeka and Santa Fe Railway Company shall be permitted to take such water from said reservoir, and that all expense incident thereto shall be borne by said railway company."

On page 2, line 2, after the word Provided," insert the word "further.

This bill has been referred to the Interior Department, and the Secretary of that department furnished the committee with the following report:

WASHINGTON, February 29, 1916. Hon. W. R. SMITH, Chairman Committee on Irrigation of Arid Lands,

House of Representatives. MY DEAR MR. SMITH: With your letter of February 9 was received copy of H. R. 4828, a bill authorizing the Secretary of the Interior to acquire certain right of way near Engle, N. Mex., with request for my views relative thereto.

The bill appears to be identical with Senate bill 1843, upon which I submitted report and recommendation to the Senate Committee on Public Lands January 8, 1916. A copy of said report is inclosed for your information. Cordially, yours,

FRANKLIN K. LANE, Secretary,

The copy of the Secretary's report and recommendation to the Senate committee is as follows:

DEPARTMENT OF THE INTERIOR,

Washington, January 8, 1916. Hon. HENRY L. MYERS,

Chairman Committee on Public Lands, United States Senate. MY DEAR SENATOR: I am in receipt of your letter of December 17, 1915, forwarding for consideration, report, and suggestions, S. 1843, entitled "A bill to authorize the Secretary of the Interior to acquire certain right of way near Engle, N. Mex.'

In response, 1 have to invite your attention to our letter of September 23, 1913, reporting on S. 3112, Sixty-third Congress, first session, entitled "A bill to authorize the Secretary of the Interior to acquire certain right of way near Engle, N. Mex.,” in which the department said:

“I am in receipt, by your reference for report of S. 3112, which proposes to authorize the Secretary of the Interior to acquire from the Atchison, Topeka & Santa Fe Railroad Co. certain lands within the limits of the Engle Reservoir, Rio Grande reclamation project, in exchange for such quantity of water to be furnished from the Government reservoir, as the Secretary of the Interior may find to be necessary for the operation of the company's railway, but not exceeding 30,000,000 gallons of water per month.

“The facts as shown by the records of this department are that the company acquired a right of way of a strip of land between a point near Engle, N. Mex., and the Rio Grande River with the intention of piping water from the river for railroad uses. Subsequently an adequate supply of water for present uses was secured from wells located nearer the line of the railroad, but the right of way was retained by the company for extension of the pipe line to the river if necessary.

After the undertaking of the Rio Grande reclamation project under the reclamation act of June 17, 1902 (32 Stat., 388), and that of the act of February 15, 1905 (33 Stat. 814), it was found that the said tract of land would necessarily be included within the exterior limits of the reservoir now under construction for the impounding of the waters of the Rio Grande in connection with said reclamation project. The railway company was willing to convey to the United States all of said tract which would be flooded by the reservoir in return for a water supply from the reservoir, not exceeding 30,000,000 gallons per month, but was unwilling to sell the land for cash for the alleged reason that it would be deprived of the water necessary for the operation of the railroad. Upon consideration of the matter the department reached the conclusion that it was without authority to exchange such a water right for the desired lands.

“The purpose of S. 3112 is, therefore, to obtain congressional sanction for the exchange of water from the reservoir for a full and complete title to the said land of the railway company.

"I am advised by the Director of the Reclamation Service that it will be to the interests of the United States to make the exchange proposed rather than to acquire the tract by purchase or condemnation and pay cash therefor; and, further, that, in his opinion, while the amount of water to be furnished is fixed in the bill at 30,000,000 gallons per month, or such amount as the Secretary of the Interior may find to be necessary for the operation of the railway, it is his opinion that the company will not require the maximum amount of water for railway purposes, because the railway line is not a trunk line but a branch line and comparatively few trains are operated

"In view of the foregoing, and having in mind the interests of the United States, of the future water users under the project who must ultimately pay the cost thereof, and of the railway company, the department has no objection to interpose to the enactment of the measure if it be amended in two particulars:

“(1) That the United States shall not be required to furnish the water to the company but that the company be allowed to take from the reservoir such amount of water as the bill proposes to authorize; in other words, the United States should not be required to assume the burden of delivering the water to the company, but the company should, in future, as it does at present, itself convey water from the source of supply to the place of use.

“(2) The bill should obligate the United States to allow the water to be taken only when same is available in the reservoir. In other words, the United States should not assume any responsibility or liability in the event that, through any accident or other unavoidable cause, there should be no water available to the company in the reservoir. I therefore suggest that the clause beginning with the word 'and,' in line 8, page 1, and ending with the words Reclamation Service,' in line 12, page 1,

upon it.

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