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1st Session.


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No. 41.


JUNE 2, 1911.-Referred to the House Calendar and ordered to be printed.

Mr. Flood of Virginia, from the Committee on the Territories, sub

mitted the following


[To accompany H. R. 1301.]

The Committee on the Territories, to which was referred the bill (H. R. 1301) to amend an act entitled “An act to prohibit the passage of local or special laws in the Territories of the United States, to limit Territorial indebtedness, and for other purposes," having had the same under consideration, report it back to the House without amendment and recommend that the bill be passed.

The object of this bill is to exempt irrigation districts organized in accordance with Territorial irrigation district laws from the limitations contained in section 4 of the act approved July 30, 1886, which act provides that,

No political or municipal corporation, county, or other subdivision in any of the Territories of the United States shall ever become indebted in any manner, or for any purpose, to any amount in the aggregate, including existing indebtedness, exceeding four per cent of the value of the taxable property, etc.

This act was passed prior to the origin of the laws which now obtain in all of the arid-land States and Territories for the organization of mutual or cooperative irrigation districts whereby the landowners in the proposed district organize and bond their lands for the purpose of constructing systems of irrigation. These irrigation districts are held to be quasi municipal corporations, but except in the Territories are not limited as to the amount of indebtedness which may be incurred for reclamation purposes. The limitation is prohibitive as to such enterprises, as the arid land in the district is practically valueless and the cost of irrigation very great. The Territories, therefore, are merely asking that they shall be given the same advantages that are enjoyed by settlers in the arid-land States, and your committee is clearly of the opinion that these districts should be relieved in this manner.

The Territorial governor and engineer and the people in the proposed districts have petitioned for this legislation.

The immediate necessity for this legislation is that certain irrigation districts in New Mexico, organized under the irrigation district law recently enacted in that Territory, are unable to negotiate their bonds by reason of the limitation, and can not do so until relief is provided by Congress. In one existing district the settlers are about to be foreclosed by a private company which owns the irrigation system, and the settlers desire to negotiate their irrigation district bonds and liquidate their indebtedness to the private company. As statehood may be delayed for an indefinite time, we recommend favorable action upon the above bill at this session of Congress.

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1st Session.


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JUNE 2, 1911.–Referred to the House Calendar and ordered to be printed.

Mr. FLOOD of Virginia, from the Committee on the Territories, sub

mitted the following


[To accompany H. R. 1680.)

The Committee on the Territories, to whom was referred the bill (H. R. 1680) to enable the city of Phoenix, in the county of Maricopa, Territory of Arizona, to apply a portion of the proceeds derived from the sale of its sewer bonds to the purchase of the sewer system of the Phoenix Sewer & Drainage Co., in said city, having had the same under consideration, begs to report to the whole committee as follows, with the recommendation that the same be reported:

It appears that congressional action becomes necessary in this case owing to the fact that under present laws affecting the Territories municipalities are permitted to bond themselves to a certain extent for street and sewer improvement purposes, etc., but not for the purpose of purchasing existing plants. The city of Phoenix, under an election duly held, has issued bonds in the sum of $400,000 for sewer improvement purposes, and now seeks authority from Congress to devote $60,000 of this bond issue to the purchase of the existing sewer system.

Phoenix is a city, according to the census of 1910, with a population of 11,134 persons. The city has an assessed valuation, as shown by the books of the city assessor and tax collector for the fiscal year ending June 30, 1911, of $9,000,133.54. Its present indebtedness is $558,500. The combined' tax rate is 10 mills on the dollar. The sewer system already installed, and which it is proposed to purchase, consists of about 12 miles, and it is estimated that 40 miles should be installed at as early a date as possible in order to give the city the protection of a sanitary sewer system.

The existing sewer system serves only a very small portion of said city, and grave danger exists that an epidemic of typhoid or other diseases may be caused by lack of an adequate sewer system unless immediate action is taken by Congress of the United States empowering said city to purchase the existing plant and construct a sewer system for the entire city.

The Phoenix Sewer & Drainage Co. has operated the present sewer system for a period of four years and has expended thereon, from time to time, the sum of $16,088.39 in addition to the original purchase price of the system. The present system is such that additions can be made thereto without impairing the old system and still give sufficient sewer service. No part of the old system need be removed. The new work can be easily added thereto, and thus give an adequate sewer system to the entire city, which, in the judgment of your committee, is much needed at this time.


1st Session.


No. 43.



JUNE 6, 1911.-Referred to the House Calendar and ordered to be printed.

Mr. PADGETT, from the Committee on Naval Affairs, submitted

the following


[To accompany S. 2004.)

The Committee on Naval Affairs, to whom was referred a bill (S. 2004) to amend section 1505 of the Revised Statutes of the United States * * * relating to suspension of officers of the Navy who, upon examination for promotion, are found not professionally qualified, having had the same under consideration, report the bill back to the House with the unanimous recommendation that it do pass.

The following letter from the Secretary of the Navy to the chairman of the Committee on Naval Affairs of the House of Representatives fully states existing law and the many hardships that are suffered under it, and explains fully the effect of the bill and its operation should it become a law.


Washington, May 1, 1911. MY DEAR CONGRESSMAN: I have the honor to invite your attention and that of the committee to section 1505 of the Revised Statutes, which reads as follows:

"Sec. 1505. Any officer of the Navy on the active list below the grade of commander, who, upon examination for promotion, is not found professionally qualified, shall be suspended from promotion for one year, with corresponding loss of date when he shall be reexamined, and case of his failure upon such reexamination he shall be dropped from the service.”

The l-year period of suspension provided by the foregoing for failure upon examination for promotion is found to be unnecessarily long and in many cases to work a hardship that evidently was not contemplated when the law was originally framed. Thus, the large classes of midshipmen lately commissioned as ensigns consist of over 100 members and several classes contained nearly 200 members.

These ensigns are eligible for promotion to the next higher grade, that of lieutenant (junior grade), after three years' service, and upon becoming lieutenants (junior grade) they are promoted in accordance with law at a minimum rate of 40 a year to the grade of lieutenant. If an ensign should fail, as a few of them do each year, upon his examination for promotion to lieutenaat (junior grade), he would drop

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