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Mr. MCGREGOR. Do you not think that simply makes it more specific? Block 380 is probably an entire block and lot 198 is probably a section of that, which makes it more specific.

Mr. CROWE. Are there any other questions? The motion is to accept the amendments. All in favor signify by saying" Aye"; contrary, "No." (The motion was carried.)

Mr. CROWE. The "ayes" have it. Now are there any questions anyone desires to ask?

Mr. MCGREGOR. Mr. Chairman, I would like to hear a discussion on why this resolution is offered.

Mr. HAVENNER. I discussed that, I believe, before you came in. Mr. McGREGOR. I will withdraw my question and I will see it in the minutes.

Mr. CROWE. Mr. Smith came in since you made your statement also. Suppose you briefly restate it.

Mr. HAVENNER. The Government is going to dispose of the old United States mint property in San Francisco, and the city government out there, having been advised of this intention of the Government, had made application to the Federal Works Agency to deed to the city a portion of the property which has been for many years used for public street purposes and has been kept up by the city of San Francisco under a permit, I believe. The report from the Public Works Agency stated that under a Federal permit granted many years ago this right to use the property for street purposes was taken and has been kept up.

The city of San Francisco is asking the Government to deed this property to it for permanent use as a public street. One of the most important downtown firehouses is located on this property. The mint stands on the corner of two of the downtown streets there, and these public streets that are asked for run on this side [indicating] and on this side [indicating] of the old mint building. They connect with regular public streets.

Mr. McGREGOR. You say a firehouse is one of these buildings?
Mr. HAVENNER. Right back of this corner [indicating].

Mr. McGREGOR. Do you mean to say that your city officials constructed a building on Federal property?

Mr. HAVENNER. They had this Federal permit to use this property for public street purposes. This they did. I do not know on what legal authority they did it.

Mr. MCGREGOR. Your firehouse is right back on this corner, comes out to this street on Government property, and this is the street? Mr. KILBURN. No; the firehouse itself is not on Government property.

Mr. HAVENNER. No.

Mr. McGREGOR. It fronts on Government property?

Mr. KILBURN. All of this ground that is being deeded is being used as a street?

Mr. HAVENNER. Yes.

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Mr. SMITH. I am glad they have enough confidence in the Federal Government to have a firehouse there.

Mr. HAVENNER. I think probably the Federal Government was glad to have that firehouse there, because they had a lot of silver stored in the mint.

Mr. CROWE. To you gentlemen who came in late, I had just read a letter from the Federal Works Agency over the signature of Alan Johnstone, general counsel, which is directed to Mr. Lanham. Rather than read it again you gentlemen can read it, but the gist of it is that they favor this resolution with the changes we have adopted. I will pass this down to you. Are there any further questions?

Mrs. MCMILLAN. Can we not have Mr. Havenner get this information in order to have it available when the bill is on the floor?

Mr. HAVENNER. I will call it to the attention of the city attorney and ask which is the correct description.

Mr. KILBURN. I thought when any property was used as a public thoroughfare that after a certain number of years it reverted to the city anyway.

Mr. HAVENNER. I think the city could establish its claim to this property if it were private property. Whether it could against the Federal Government I do not know. I am not an attorney and I cannot answer that question. I know it has been done many times in the case of private property which has been used for public street purposes over an extended period of time.

Mr. KILBURN. Is there any question of the value of this?

Mr. HAVENNER. I think not. If there were, I think the city of San Francisco certainly would have the greater claim to consideration, because it has repeatedly dedicated free sites to the Federal Government for public buildings in recent years.

Mr. MCGREGOR. If we continue to put silver money down there we will have to buy this property back.

Mr. HAVENNER. No, sir; they have a very large new mint building there which they are occupying.

Mr. KILBURN. The mint is moving out of this property.

Mr. HAVENNER. Yes; they have been moving out for several years. Mr. CROWE. Now, as to streets in that connection, would there be likelihood of a desire to close those streets?

Mr. HAVENNER. I do not think so. As I have stated previously, there are several business establishments which, following the authority granted by this Federal permit, have located on these streets, and they have their entrances on these streets. I do not think there will ever be any public demand that these streets be closed. It is in order to avoid any possibility of that kind that the city wants to get this deed before the property is sold to some private owner.

Mrs. MCMILLAN. Has the city paved those streets?

Mr. HAVENNER. Yes; the city has paved those streets and kept them in repair.

Mr. KILBURN. I move that we report the bill favorably.

Mr. CROWE. Do we hear a second to that motion?

Mrs. MCMILLAN. I second the motion.

Mr. CROWE. Is there anything to be said on the question? If not, all those in favor signify by saying "Aye"; contrary, "No."

(The motion was carried.)

Mr. CROWE. The ayes have it; it is so ordered.

Mr. HAVENNER. Thank you very much. I will immediately wire out there and try to clear up this question of description for you. Mr. CROWE. I thank you gentlemen and the lady very kindly. (Thereupon, at 11:15 a. m., the committee adjourned.)

No. 7

HEARINGS

BEFORE THE

COMMITTEE ON

PUBLIC BUILDINGS AND GROUNDS HOUSE OF REPRESENTATIVES

SEVENTY-SIXTH CONGRESS

THIRD SESSION

ON

H. R. 9927

A BILL DECLARING A FORFEITURE OF CERTAIN LAND
HERETOFORE GRANTED BY THE UNITED STATES

TO THE BOARD OF COMMISSIONERS OF THE
ORLEANS LEVEE DISTRICT, IN THE CITY
OF NEW ORLEANS, STATE OF LOUI-

SIANA, FOR LEVEE AND

STREET PURPOSES

MAY 30, 1940

Printed for the use of the Committee on Public Buildings and Grounds

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ED STATES OF AMERICA

20 '40

PUBLIC BUILDINGS AND GROUNDS-No. 7

THURSDAY, MAY 30, 1940

HOUSE OF REPRESENTATIVES,

COMMITTEE ON PUBLIC BUILDINGS AND GROUNDS,

Washington, D. C. The committee met, pursuant to notice, at 10:30 a. m., for consideration of H. R. 9927, Hon. Fritz G. Lanham (chairman) presiding. (H. R. 9927 is as follows:)

[H. R. 9927, 76th Cong., 3d sess.]

A BILL Declaring a forefeiture of certain land heretofore granted by the United States to the board of commissioners of the Orleans Levee District, in the city of New Orleans, State of Louisiana, for levee and street purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby forfeited to and revested in the United States of America title to that certain strip of land situated in the city of New Orleans, parish of Orleans, State of Louisiana, measuring two hundred and ten and two one-hundredths feet in length and seven and thirty-seven onehundredths feet in width, more particularly described in the resolution adopted February 23, 1940, by the board of commissioners of the Orleans Levee District, and being part of the land granted by the Act of Congress approved April 22, 1932 (47 Stat. 133, ch. 127), to the board of commissioners of the Orleans Levee District of New Orleans, Louisiana. The control and custody of the land hereby forfeited is revested in the Attorney General.

SEC. 2. The grant by the aforesaid Act of Congress approved April 22, 1932, and the restrictions and conditions imposed therein shall remain in full force and effect as to that portion of the land the title to which is not declared forfeited by this Act and the Attorney General is hereby authorized to execute and deliver to the Board of Commissioners of the Orleans Levee District a proper quitclaim deed of that portion of the land not forfeited.

The CHAIRMAN. The committee will come to order. We will first take up H. R. 9927. This is a bill which I introduced in accordance with a letter from the Attorney General to the Speaker, which was referred to this committee. The letter bears date of May 24, 1940, and I will read the letter that was submitted by the Attorney General:

MY DEAR MR. SPEAKER: I am submitting herewith a proposed bill which would rectify the title to a strip of land adjacent to the Federal detention headquarters at New Orleans, La.

The strip of land in question, 30 feet wide and 210.02 feet long, is located immediately in front of the detention headquarters building. Prior to April 22, 1932, it belonged to the United States as a part of the headquarters reservation. By the act of April 22, 1932 (47 Stat. 133), this strip was granted by the United States to the board of commissioners of the Orleans Levee District of New Orleans, La., for levee and street purposes. Section 2 of that act contained a provision that the property would revert to the United States if it were used for any purpose other than for levees and streets.

As a result of this grant by the United States, the distance between the institution and the street was greatly decreased. Subsequent experience showed that the street was dangerously close to the institution.

A part of the strip immediately adjacent to the headquarters reservation has never been used for the purposes for which the above-mentioned conveyance

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