페이지 이미지
PDF
ePub

The PRESIDENT,

The White House.

BUREAU OF THE BUDGET, Washington, D. C., February 3, 1940.

SIR: I have the honor to submit herewith for your consideration, 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 the United States district courts, under the provisions of an act entitled, "An act authorizing suits against the United States in admiralty for damage caused by and salvage services rendered to public vessels belonging to the United States, and for other purposes," approved March 3, 1925 (46 U. S. C. 787), as submitted by the Attorney General through the Secretary of the Treasury, as follows:

Under "War Department".

$5, 370. 65

For the payment of these judgments there is required an appropriation of $5,370.65, including certain costs, together with such additional amount as may be necessary to pay interest as and where specified in the judgments, provided payment of these judgments is to be made only when the right of appeal shall have expired.

Since the foregoing are obligations of the Government lawfully imposed and 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.

Judgments under Public Vessel Act.

Hon. HAROLD D. SMITH,

TREASURY DEPARTMENT,
Washington, February 1, 1940.

Director, Bureau of the Budget.

SIR: There are enclosed 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 an act entitled, "An act authorizing suits against the United States in admiralty for damage caused by and salvage services rendered to public vessels belonging to the United States, and for other purposes,' approved March 3, 1925 (46 U. S. C., 787), submitted to the Treasury Department by the Attorney General as follows:

Under "War Department".

[ocr errors]

$5, 370. 65

For the payment of these judgments there is required an appropriation of $5,370.65, including certain costs, together with such additional amount as may be necessary to pay interest as and where specified in the judgments, provided payment of these judgments is to be made only when the right of appeal shall have expired.

By direction of the Secretary:

Very truly yours,

W. N. THOMPSON,

Administrative Assistant to the Secretary.

DEPARTMENT OF JUSTICE, Washington, D. C., January 10, 1940. Pacific Lighterage Corporation (steamship Admiral Halstead) v. United States (U. S. transport U. S. Grant)

The honorable the SECRETARY OF THE TREASURY.

SIR: We enclose herewith certified copy of the final decree entered in the Pacific Lighterage Corporation v. The United States of America, pending in the District Court of the United States for the Northern District of California, Southern Division. This litigation grew out of salvage services rendered by the steamship Admiral Halstead, owned by the Pacific Lighterage Corporation, to recover for salvage compensation rendered to the Army transport U. S. Grant at Guam in May 1939. The proceedings are by authority of the Public Vessel Act. As provided by that act, settlement was reached in an amount to be allowed and the terms thereof made effective by the entry of the final decree enclosed. The names of attorneys are Brobeck, Phleger & Harrison, Esq., Crocker Building. San Francisco, Calif.

May we request that the decree be placed in line for appropriation and payment. As the decree carries into effect the settlement, no appeal could be taken.

Respectfully,

Name: Pacific Lighterage Corporation
Date: December 30, 1939.

Amount: $5,000.

Costs: $45.65.

FRANCIS M. SHEA, Assistant Attorney General. (For the Attorney General.) (Steamship Admiral Halstead).

Nature of claim: Recover for salvage compensation rendered to the Army transport U. S. Grant at Guam in May 1939 (War).

Final decree: Ordered, adjudged, and decreed that libellant recover from respondent the sum of $5,000 plus interest at the rate of 4 percent per annum from date of this decree until the decree is satisfied, together with its costs of suit herein taxed in the sum of $45.65. It is further ordered, adjudged, and decreed that libellant shall, upon receipt of $5,000 hold the following sums as trustee, to be paid to the following persons: E. E. Johnson, $250; Frank O. Olson, $25; Carl F. Robinson, $50; Solomon Kaiawe, $5; Maurice Conway, $5; Amado Z. Ochoa, $5; with proportionate interest. It is further ordered, adjudged, and decreed that remainder of the $5,000 and costs be recovered by libellant without any obligation on its part to pay any portion thereof to any other person.

Court: United States District Court, Northern District of California, Southern Division,

DEPARTMENT OF JUSTICE, Washington, D. C., October 21, 1939.

Re W. R. Osborn v. United States of America and the Tidepoint Company, an Oregon corporation.

DIVISION OF BOOKKEEPING AND WARRANTS,

Treasury Department, Washington, D. C. GENTLEMEN: We transmit herewith a decree entered October 3, 1939, by the United States District Court for the District of Oregon. This is a case arising under the Public Vessel Act in which the United States as the chartered owner of the tug Modoc was sued in connection with a collision which occurred between that vessel and a vessel owned

by the libellant. It is requested that the decree kindly be placed in line for appropriation and payment.

Respectfully,

FRANCIS M. SHEA,
Assistant Attorney General.

(For the Attorney General).

Name: W. R. Osborn.

Date: October 3, 1939.

Amount: $325.

Costs: None.

Nature of claim: Damages due to collision between tug Modoc (the United States being the chartered owner) and a vessel owned by W. R. Osborn (War). Final decree: It is ordered, adjudged, and decreed that W. R. Osborn recover fron United States of America the sum of $325 * * * and none of the parties hereto recover costs.

Court: United States District Court, District of Oregon.

[ocr errors]

3d Session

No. 618

APPROPRIATION FOR PAYMENT OF DECREE RENDERED AGAINST THE GOVERNMENT BY THE UNITED STATES DISTRICT COURT

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A RECORD OF A DECREE RENDERED AGAINST THE GOVERNMENT BY THE UNITED STATES DISTRICT COURT, AS SUBMITTED BY THE ATTORNEY GENERAL, AND WHICH REQUIRES AN APPROPRIATION FOR ITS PAYMENT AMOUNTING TO $250

FEBRUARY 6, 1940.-Referred to the Committee on Appropriations, and ordered to be printed

THE WHITE HOUSE, Washington, February 5, 1940.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: I have the honor to transmit herewith for the consideration of Congress, in accordance with the provision contained in the Deficiency Act of April 27, 1904 (31 U. S. C. 583, par. 2), record of a decree rendered against the Government by the United States district. court, as submitted by the Attorney General through the Secretary of the Treasury, and which requires an appropriation for its payment amounting to $250.

The necessity for the appropriation asked is explained in the letter of the Director of the Bureau of the Budget, transmitted herewith, in whose conclusions and observations thereon I concur.

Respectfully,

FRANKLIN D. ROOSEVELT.

The PRESIDENT,

EXECUTIVE OFFICE OF THE PRESIDENT,

The White House.

BUREAU OF THE BUDGET, Washington, D. C., February 3, 1940.

SIR: I have the honor to submit herewith for your consideration, in accordance with the provisions contained in the Deficiency Act of April 27, 1904 (31 U. S. C. 583, par. 2), record of a decree rendered against the Government by the United States district court as submitted by the Attorney General through the Secretary of the Treasury, as follows:

Under War Department.--.

$250

The references to the special conditions under which the decree was rendered in this case are shown in the accompanying papers. For the payment of this decree there is required an appropriation of $250.

Very respectfully,

Hon. HAROLD D. SMITH,

HAROLD D. SMITH, Director of the Bureau of the Budget.

TREASURY DEPARTMENT,

Washington, February 1, 1940.

Director, Bureau of the Budget.

SIR: There is 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), record of a decree rendered against the Government by the United States district court in this case as submitted to the Treasury Department by the Attorney General, as follows:

Under War Department..

$250

The references to the special conditions under which the decree was rendered in this case are shown in the accompanying papers. For the payment of this decree there is required an appropriation of $250.

By direction of the Secretary:

Very truly yours,

WM. THOMPSON,

Administrative Assistant to the Secretary.

Name: B. A. Swaffar.

Date: October 10, 1939.

Amount: $250.

Costs: None.

Nature of claim: For payment to informer B. A. Swaffar of one-half of fine assessed by the court on December 10, 1938, in the case of United States of America v. S. S. Silverguava," etc., for water pollution. (War.)

Final decree: It is ordered that the Treasurer of the United States pay the sum of $250 to B. A. Swaffar.

Court: United States District Court, Southern District of California, Central Division.

« 이전계속 »