Mr. KEFAUVER. I am advised that the Corps of Engineers has a plan worked out so they can furnish a levee right near the line which will furnish Chattanooga substantial benefits and also be of help, some benefit to Rossville, without taking any from Georgia. The CHAIRMAN. Thank you very much, Mr. Kefauver, for your

statement.

Mr. KEFAUVER. Thank you.

(May 14, 1946)

(The committee met at 10 a. m., Hon. William M. Whittington, chairman, presiding.)

The CHAIRMAN. The committee will be in order. Our first witness this morning will be Judge Tarver, who will make a statement in connection with the project in the act of 1941 for the protection of Chattanooga, Tenn., and Rossville, Ga., as recommended by the Chief of Engineers in House Document 479, Seventy-sixth Congress, second session, at an estimated cost of $13,500,000.

The committee has had submitted to it an amendment to that act, about which Judge Tarver would like to make a statement. The proposed amendment as submitted, you gentlemen of the committee will recall, by Representative Kefauver is as follows:

The Chief of Engineers is authorized to make such modifications in the project for protection of Chattanooga, Tennessee, and Rossville, Georgia, as authorized by the Act of August 18, 1941, as he may find advisable: Provided, That work may be undertaken on the portion of the project works needed for the protection of either Chattanooga or Rossville when the required local cooperation has been furnished for that portion of the project.

We have with us this morning Judge Tarver, representing the Seventh Georgia District, in which Rossville is located, and, Judge Tarver, we will be glad to have any statement you desire to make with respect to the proposed modification of the adopted project. STATEMENT OF HON. MALCOLM C. TARVER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF GEORGIA

Mr. TARVER. I have no knowledge of the amendment offered by Representative Kefauver and Mr. Fuller, secretary-treasurer of the Chattanooga flood control district, except what I have read in the Chattanooga newspapers. I never heard the proposed amendment read until you read it just now.

The impression I get, both from hearing the amendment read and from newspaper reports, is that the proposition is to divorce substantially the flood-control project proposed for the prevention of floods in the city of Rossville from that portion of the project which proposes to afford protection to the people of Chattanooga. The two cannot be divorced. The same flood waters that menace Rossville menace the city of Chattanooga, and any plan that might protect the city of Chattanooga alone would not only not afford protection to the city of Rossville, but would in all probability very much increase its flood hazards, and flood damages.

This whole matter came about by reason of the attitude of Mr. M. Z. L. Fuller, the secretary-treasurer of the Chattanooga flood control district. Mr. Fuller cooperated with others of us who were interested

in securing the original approval of the so-called Rossville-Chattanooga flood-control project. I was one of the original proponents of that project. I appealed to legislative committees both in the House and in the Senate in the interest of its approval.

The city of Rossville and the county of Walker, in the State of Georgia, in which Rossville is situated, through the county commissioner participated in hearings before legislative committees of the House and Senate in bringing about the approval of that project. After it was approved, it seems that some difficulty arose in the city of Chattanooga with regard to securing the necessary local cooperation, and a so-called alternate plan was devised by which the city of Chattanooga would have been relieved of the major portion of its required contribution, and the burden shifted to the Federal Government through the construction of a reservoir in Walker County, Ga., which would have destroyed approximately 2,000 acres of very valuable land, would have rendered unusable a consolidated school, seriously damaged a manufacturing plant of considerable size, and would have destroyed or rendered unusable several hundred homes.

Of course, a proposal of that sort met with tremendous opposition, not only among the people directly affected but throughout that area in Georgia, and among, I think, the majority of the people of Chattanooga. It seems to have been the pet idea of Mr. Fuller, who apparently also had some property interest that would have been benefited through the carrying out of the plan in which he was interested. Public hearings were had in Chattanooga. People interested appeared and testified. After hearing the evidence the Army engineers promptly indicated their disapproval of the plan. Mr. Fuller appeared to have become enraged because of the protest made locally against his pet idea, and decided that he would bring about the elimination of Rossville from the flood-control project in question, and thereby penalize the city of Rossville and its people for not having acceded to his desires as to just how the project should be modified.

I give you that background, Mr. Chairman, because I think the position of Mr. Fuller is responsible for the appearance before your committee of Congressman Kefauver. I do not believe that the majority of the people in Chattanooga are interested in trying to penalize the city of Rossville. On the contrary, I believe that they desire to cooperate with Rossville in the solution of the flood problems that are common both to Rossville and to Chattanooga. Rossville is really merely a suburb of the city of Chattanooga, since there is a continuous city, and it becomes Rossville after the urban population reaches the Georgia line.

I took this matter up on March 13, 1946, by letter, with Lt. Gen. R. A. Wheeler, Chief of the Corps of Engineers, and without reading my letter to him I desire to request permission to insert it in the record at this point.

I also wish to insert in the record the reply of April 4, 1946, to my letter, the reply having been signed by General Crawford, Acting Chief of Engineers.

I wish also to insert in the record a letter addressed by Col. Reading Wilkinson, district engineer, Nashville, Tenn., to Hon. Herman O. Bowman, mayor of the city of Rossville, dated March 28, 1946.

I also desire to submit for the record a letter addressed to me, signed by Herman O. Bowman, mayor of the city of Rossville, Ga., dated April 25, 1946.

The CHAIRMAN. Without objection, the letters will be inserted in the record at this point.

(The letters referred to follow :)

Lt. Gen. R. A. WHEELER,

Chief, Corps of Engineers, War Department,

Washington, D. C.

MARCH 23, 1946.

DEAR GENERAL WHEELER: In an Associated Press distpatch from Washington appearing in the Rome, Ga., News Tribune on Wednesday, March 20, 1946, concerning the Rossville-Chattanooga, flood-control project, Col. J. H. Stratton, of the Army engineers, is quoted as having said "rights-of-way for levees and flood walls have been obtained in the Chattanooga area, and work can be started there. Negotiations are still underway in the Rossville, Ga., area. Colonel Stratton said if the Rossville rights-of-way are not provided, levees could be turned back into high ground above Rossville instead of being extended to below that community."

You doubtless are advised that in the pending civil functions appropriations bill the Senate has inserted the follow proviso which I apprehend will remain in the bill when enacted:

"Provided further, That in connection with the Chattanooga, Tennessee, and Rossville, Georgia, flood-control project, the State of Tennessee or local subdivisions thereof shall furnish the rights-of-way for the entire project."

I have a letter from the mayor of Rossville, Ga., Mr. H. O. Bowman, concerning parts of statements said to have been made by Mr. M. Z. L. Fuller, secretarytreasurer of the Chattanooga flood-control district, to the effect that he proposes to have a levee placed along the Tennessee-Georgia line in such a manner that all the backwater from the Tennessee River which would ordinarily be in the basin of the Chattanooga Creek will be backed up into and cover a part of west Rossville.

I do not understand that any changes of this type can be made in the Rossville-Chattanooga flood-control project as authorized by Congress without prior approval of Congress, but in view of the statements reported to have been made by Colonel Stratton, as above quoted, I would like to have information from you as to whether it is felt that any such plan as advocated by Mr. Fuller or as suggested by Colonel Stratton can be adopted without further congressional authorization.

Mayor of the City of Rossville, Rossville, Ga. DEAR MAYOR BOWMAN: In accordance with our telephone conversation yesterday, there is enclosed a map showing the location of the proposed levee for the protection of Chattanooga, Tenn., and Rossville, Ga., from Tennessee River backwaters and Chattanooga Creek floodwaters.

As discussed with you yesterday, the plan provides for a levee along the Tennessee River front and a connecting levee to extend along the floodway and terminate at high land a considerable distance west of Rossville, for the diversion of Chattanooga Creek waters. Dry Creek, which drains the Rossville area, will continue to flow in its old channel and into Chattanooga Creek and those interior drainage waters will be pumped over the levee into the Tennessee River during flood times. This will give the Rossville area equal protection with the Chattanooga area and will not require the installation of levees in the vicinity of Rossville. Since there has been an apparent misunderstanding concerning the

effect that the plan will have upon the Rossville area, it will be appreciated if you will write Congressman Tarver immediately expressing your views as stated to me, in order that a correct understanding may be had of the situation. To further that purpose, a copy of this letter is being sent to Congressman Tarver.

If this office can be of any service to you in this or other connections, please do not hesitate to call on us.

Sincerely yours,

READING WILKINSON,
Colonel, Corp of Engineers,
District Engineer.

Copy (with enclosure) to—

Hon. M. C. TARVER,

House of Representatives, Washington, D. C.

APRIL 4, 1946.

Hon MALCOLM C. TARVER,

House of Representatives, Washington, D. C.

DEAR MR. TARVER: Reference is made to your letter of March 23, 1946, concerning the Chattanooga, Tenn., and Rossville, Ga., flood-control project. In your letter you state that you have received a letter from Mr. H. O. Bowman, mayor of Rossville, concerning parts of statements said to have been made regarding a proposal to have a levee placed along the Tennessee-Georgia line in such a manner that all the backwater from the Tennessee River which would ordinarily be in the basin of the Chattanooga Creek will be backed up into and cover a part of West Rossville. You also mention a press dispatch from Washington appearing in the Rome (Ga.) News Tribune on March 20, 1946, in which a representative of this office is stated to have said that rights-of-way for levees and flood walls have been obtained in the Chattanooga area and that if the Rossville rights-ofway are not provided, levees could be turned back into high ground above Rossville instead of being extended to below that community. You request information concerning the matter.

All of the Department's flood-control activities must be undertaken in strict accordance with authorizations by Congress. The project for flood protection at Chattanooga, Tenn., and Rossville, Ga., was authorized in the Flood Control Act of August 18, 1941, substantially in accordance with the recommendations of the Chief of Engineers contained in House Document No. 479, Seventy-sixth Congress, second session, which includes protection for Rossville, Ga., equal to that recommended for Chattanooga, Tenn. The protective works proposed for Rossville, Ga., as described in House Document No. 479, would consist of a levee approximately 7,000 feet long, a drainage ditch 6,000 feet long, two street modifications, and other minor items. This levee, or Rossville section, would actually be a continuation of the right bank levee for the Chatanooga Creek section and would extend generally southward from the Tennessee-Georgia State line to high ground south of Rossville and west of McFarland Avenue.

During preparation of the engineering design for this work, a realinement of the Chattanooga Creek section of the project was found to be desirable in order to reduce the total cost of the project and to furnish protection for a larger area at Rossville. This realinement eliminates the greater portion of the levee originally proposed to be constructed in Georgia. The area to be protected in Georgia, however, has been increased and includes all of the area in Rossville originally recommended for protection in House Document 479. Some rights-ofway will still be required in Georgia, since the realignement levee will extend approximately 900 feet south of the Georgia-Tennessee State line in order to tie into high ground. The degree of protection proposed to be furnished the area in Georgia is equal to that proposed for Chattanooga.

The district engineer at Nashville, Tenn., discussed the plan of protection proposed for Rossville with Mr. Bowman on March 27, 1946, and confirmed his statements to the mayor in a letter dated March 28, 1946. A copy of the district engineer's letter to Mayor Bowman was sent to you in connection with your letter of March 23, 1946. You will note that the district engineer's letter to the mayor states that the present plan will give the Rossville area equal protection with the Chattanooga area and will not require the installation of levees in the vicinity of Rossville. The district engineer's report to this office states that upon clarification of the matter, Mr. Bowman expressed himself as being very well satisfied with the proposed plan. I may assure you that the flood-protection works

for the Rossville area will be undertaken in close cooperation with the Rossville authorities and that plans for those works are substantially in accordance with and provide for all the protection contemplated in the report on which authorization of the project by Congress is based.

DEAR JUDGE TARVER: Receipt of your letter of April 22 is acknowledged with respect to the Chattanooga-Rossville flood-protection project, as well as letter from Hon. W. M. Whittington, chairman of the Committee on Flood Control.

We note from Mr. Whittington's letter that Mr. Kefauver has now advocated an amendment to the existing bill to provide that each State would supply the right-of-ways for the levees in the respective States.

We, of course, understand that Mr. Fuller is not interested in any way whatsoever in this section of north Georgia, and that likewise Mr. Kefauver has no interest in Rossville.

While Mr. Kefauver lives in Chattanooga, Tenn., and is a neighbor of we of Rossville, Ga., we know of no occasion on which Mr. Kefauver has ever demonstrated any interest in flood-control problems in Rossville, Ga.

In behalf of the city of Rossville, the undersigned will attempt at this time to state our position as clearly and distinctly as we know how.

The authorities of the city of Rossville feel that any plans (for flood-protection construction) related to flood control in Chattanooga, Tenn., which are financed in whole, or part, by Federal funds, should incorporate therein and provide protection for Rossville, Ga., because—

1. The cities are contiguous to each other.

2. The ground configuration is such that any obstruction of natural drainage in Chattanooga, Tenn., will necessarily redound to the detriment and damage of Rossville, Ga., unless coordinated planning takes into consideration and makes provision for the changed configuration as a result of levee or canal construction. 3. The construction of levees as now proposed by the flood-protection district of Chattanooga, Tenn., will result in irreparable injury and damage to Rossville, Ga.

4. The construction of a "chopped up" levee system would possibly result in the destruction of the beneficial effects of two separate systems.

5. The flood-protection district of Chattanooga is dominated and controlled by M. Z. L. Fuller. The latter person is making a deliberate effort to eliminate Rossville, Ga., from the plans for Chattanooga, Tenn. He is uncooperative, dictatorial, arrogant, and incidentally the principal beneficiary (he having purchased the assets of the defunct Central Realty Co. of which he was president at the time it became defunct) of any improvements that might be made in a portion of south Chattanooga.

6. Since the Chattanooga Valley Basin plan was eliminated by Army engineers, Mr. Fuller's vindictiveness has been manifested by completely ignoring north Georgia public officials with whom he has previously pretended to collaborate in dealing with, what he always considered heretofore, "an inseparable problem of great magnitude."

7. Unless Congress includes Rossville in the present plan, it will necessarily

mean

(a) That approaches to Rossville, Ga., from Chattanooga, Tenn., will be impeded by unsightly levees.

(b) The Chattanooga Creek's course will be changed.

(c) Floodwaters will be backed up over a large area in west Rossville, resulting in serious damage.

(d) No plan will have been devised to eliminate the basic causes of floods.

8. We desire to point out that water is no respecter of State lines. Obviously if water from Georgia flows into Tennessee (in this case through one entire community) and causes flood damages in Chattanooga, why would not damage result to property in Georgia?