78TH CONGRESS 2d Session } HOUSE OF REPRESENTATIVES DOCUMENT RECORDS OF JUDGMENTS RENDERED AGAINST THE GOVERNMENT BY UNITED STATES DISTRICT COURTS COMMUNICATION FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING RECORDS OF JUDGMENTS RENDERED AGAINST THE GOVERNMENT BY UNITED STATES DISTRICT COURTS, AS SUBMITTED BY THE DEPARTMENT OF JUSTICE THROUGH THE TREASURY DEPARTMENT, AND WHICH REQUIRE AN APPROPRIATION OF $5,985 TOGETHER WITH AN INDEFINITE APPROPRIATION TO PAY INTEREST FEBRUARY 29, 1944.-Referred to the Committee on Appropriations and ordered to be printed THE WHITE HOUSE, Washington, February 28, 1944. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. SIR: I have the honor to transmit herewith for the consideration of Congress, in accordance with the provisions contained in the Deficiency Act of April 27, 1904 (31 U. S. C. 583, par. 2), records of judgments rendered against the Government by United States district courts under the provisions of the act of March 3, 1887, as amended y section 297 of the act of March 3, 1911 (28 U. S. C. 761), and the Merchant Marine Act of 1936, as amended (46 U. S. C. 1242), as ubmitted by the Department of Justice through the Treasury Deartment, and which require an appropriation of $5,985 together ith an indefinite appropriation to pay interest. The necessity for the appropriation asked is explained in the letter I the Director of the Bureau of the Budget, transmitted herewith, whose comments and observations thereon I concur. Respectfully, H. Docs., 78-2, vol. 14- -46 FRANKLIN D. ROOSEVELT. The PRESIDENT, EXECUTIVE OFFICE OF THE PRESIDENT, The White House. BUREAU OF THE BUDGET, Washington, D. C., February 25, 1944. SIR: I have the honor to submit herewith for your consideration in compliance with the provisions contained in the Deficiency Act of April 27, 1904 (31 U. S. C. 583, par. 2), records of judgments rendered against the Government by United States district courts under the provisions of the act of March 3, 1887, as amended by section 297 of the act of March 3, 1911 (28 U. S. C. 761), and the Merchant Marine Act of 1936, as amended (46 U. S. C. 1242), as submitted by the Department of Justice through the Treasury Department, as follows: Under Executive Office of the President: Office for Emergency Management, War Shipping Administration__ $5,985 For the payment of these judgments there is required at this time an appropriation of $5,985, together with an indefinite appropriation to pay interest; provided, that payment is to be made only when right of appeal shall have expired. The letter from the Treasury Department and copies of the records of judgments submitted by the Department of Justice are attached. Since the foregoing is an obligation of the Government, lawfully imposed, which (subject to the reserved right of appeal) must be paid, an appropriation for that purpose is necessary at this time. Very respectfully, HAROLD D. SMITH, Director of the Bureau of the Budget. TREASURY DEPARTMENT, Washington, February 19, 1944. The DIRECTOR, BUREAU OF THE BUDGET. SIR: There are transmitted herewith for submission to Congress, in compliance with the provisions contained in the Deficiency Act of April 27, 1904 (31 U. S. C. 583, par. 2), records of judgments rendered against the Government by United States district courts under the provisions of the act of March 3, 1887, as amended by section 297 of the act of March 3, 1911 (28 U. S. C. 761), and the Merchant Marine Act of 1936 as amended (46 U. S. C. 1242), as submitted to the Treasury Department by the Attorney General as follows: Under Executive Offices: War Shipping Administration. ....... $5,985 For the payment of these judgments, there is required an appropriation of $5,985, together with such amount as may be necessary to pay interest; provided that payment of these judgments is to be made only when the right of appeal shall have expired. Very truly yours, C. R. SCHOENEMAN, Acting Administrative Assistant to the Secretary. DEPARTMENT OF JUSTICE, Washington, D. C., January 31, 1944. Re William W. Wilson v. United States (yacht Hourless-suit for just compensation). CHIEF, DIVISION OF BOOKKEEPING AND WARRANTS, Treasury Department, Washington, D. C. SIR: There is enclosed for report for appropriation a certified copy of the decree entered November 12, 1943, in the above-entitled case for libelant in the sum of $1,000. The action is brought under the Tucker Act and the Merchant Marine Act of 1936 as amended (46 U. S. C. 1242) for balance of just compensation on account of the requisition of the plaintiff's vacht Hourless. The United States War Shipping Administration is the department involved. Appeal will not be taken from this decree which makes no provision for interests or costs. Proctors for libellant are Myer L. Lourie and Julian L. Yesley, 18 Tremont Street, Boston, Mass. Please be good enough to advise us when payment is made in order that we may adjust the records of the court and this department accordingly. Respectfully, Name: William W. Wilson. Date: November 12, 1943. Costs: None. Interest: Indefinite. FRANCIS M. SHEA, Assistant Attorney General. (For the Attorney General), Nature of claim: Suit brought under Tucker Act and the Merchant Marine Act of 1936 as amended (46 U. S. C. 1242) for the balance of just compensation on account of the requisition of the yacht Hourless (War Shipping Administraion). Final decree: Ordered that the plaintiff recover from the United States the um of $1,000. Court: United States District Court for the District of Massachusetts. DEPARTMENT OF JUSTICE, Washington, D.-C., November 25, 1943. Hugo Menke v. United States (steamship Mary Kay). The honorable the SECRETARY OF THE TREASURY. SIR: We enclose certified copy of judgment entered in the above ase for $1,625, with interest from December 9, 1941, at the rate of 3 percent per annum until paid, which may we request be placed in line for appropriation and payment. The yacht Mary Kay had been requisitioned by the War Shipping Administration and just compensation awarded. Owners declined to accept the award and accepted 75 percent and sued for the balance in Tucker Act proceedings. The court fixed the value of the yacht as the War Shipping Administration had determined and the present judgment is for the 25 percent remaining due, with interest. Respectfully, FRANCIS M. SHEA, Assistant Attorney General Name: Hugo Menke. Amount: $1,625. Costs: None. Interest: Indefinite. Nature of claim: Suit brought under Tucker Act for 25 percent remaining due, with interest, on a previous award wherein the libellant declined to accept the award and accepted 75 percent and sued for the balance (War Shipping Administration). Final decree: Ordered, adjudged, and decreed that the plaintiff recover the balance due from the United States in the sum of $1,625 together with interest thereon from December 9, 1941, at the rate of 6 percent per annum until paid. Court: United States District Court for the Northern District of California, Southern Division. DEPARTMENT OF JUSTICE, Washington, D. C., December 11, 1943. Re Frank Y. MacFarland v. United States requisition of motor vessel Dauntless (1 D 259). CHIEF, DIVISION OF BOOKKEEPING AND WARRANTS, Treasury Department, Washington, D. C. SİR: There is enclosed for a report for appropriation, a certified copy of a judgment entered in the above-entitled case on November 26, 1943, for the plaintiff in the amount of $3,360, without costs. The suit was brought under the Tucker Act to obtain a balance of just compensation due on account of the requisition of the motor vessel Dauntless by the Government on June 28, 1942, after deduction of sums paid on account. The War Shipping Administration is the department in interest. Appeal will not be taken from this judgment. Nathan W. Thompson, 85 Exchange Street, Portland, Maine, appears as an attorney of record for plaintiff. The decree does not bear interest. Respectfully, FRANCIS M. SHEA, Assistant Attorney General, (For the Attorney General). Name: Frank Y. MacFarland. Date: November 26, 1943. Amount: $3,360. Costs: None. Interest: Indefinite. Nature of claim: Suit brought under Tucker Act to obtain a balance of just compensation due on account of requisition of the motor vessel Dauntless by the Government on June 28, 1942, after deduction of sums paid on account (War Shipping Administration). Final decree: Ordered, adjudged, and decreed that complainant recover from the United States the sum of $3,360. Court: United States District Court for the Southern Division of Maine. о PROPOSED PROVISION RELATING TO A JUDGMENT RENDERED BY THE COURT OF CLAIMS COMMUNICATION FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING PROPOSED PROVISION RELATING TO A JUDGMENT RENDERED BY THE COURT OF CLAIMS FEBRUARY 29, 1944.-Referred to the Committee on Appropriations and ordered to be printed THE WHITE HOUSE, Washington, February 28, 1944. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. SIR: I have the honor to transmit herewith for the consideration of Congress a proposed provision relating to a judgment rendered by the Court of Claims. The details of this provision, the necessity therefor, and the reasons for its transmission at this time are set forth in the letter of the Director of the Bureau of the Budget, transmitted herewith, in whose comments and observations thereon I concur. Respectfully, FRANKLIN D. ROOSEVELT. |