May 7, 1934. [H.R. 6690.] [Private, No. 127.] Status of certain officers of, defined. Vol. 41, p. 834. [CHAPTER 257.] AN ACT For the relief of certain officers of the Dental Corps of the United States Navy. Be it enacted by the Senate and House of Representatives of the Dental Corps, Navy: United States of America in Congress assembled, That all commissioned officers now on active duty in the Dental Corps of the United States Navy who, while heretofore on active duty as reserve or temporary commissioned officers, had qualified for appointment to the Dental Corps of the United States Navy pursuant to an examination held at the United States Naval Medical School, Washington, District of Columbia, in January 1920, and who since that date have continuously served on active duty, shall hereafter be entitled to a position on the precedence list in accordance with that attained in said examination: Provided, That such officers of the Dental Corps shall be assigned running mates for promotion purposes in accordance with their precedence as so determined: And provided further, That no back pay or allowances shall accrue to any officer by reason of the passage of this Act. Provisos. No back pay, etc. May 7, 1934. [H.R. 6862.] [Private, No. 128.] Martha Edwards. Payment to, sonal For medical care. Approved, May 7, 1934. [CHAPTER 258.] AN ACT For the relief of Martha Edwards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary al injuries, for per- of the Treasury be, and he is hereby, authorized and directed to pay to the legal guardian of Martha Edwards, of East Camp, Norfolk, Virginia, out of any money in the Treasury not otherwise appropriated, the sum of $3,000 in full settlement of all claims against the Government of the United States for permanent injuries sustained by her as a result of being struck by a United States naval airplane on the premises of her father at East Camp, Norfolk, Virginia, on October 30, 1929; and in addition, pay to the Norfolk Protestant Hospital the sum of $177, and to Doctor Julian L. Rawls the sum of $150, due them for care and attention to her as a result of said injury: Provided, That no part of the amount appropriated in this Limitation on attor- Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this Act in excess of 10 per centum thereof on account of services rendered in connection with said claim, any contract to the contrary Penalty for violation. notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Proviso. ney's, etc., fees. Approved, May 7, 1934. [CHAPTER 259.] AN ACT For the relief of Elbert L. Grove. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged sailors Elbert L. Grove, late of United States Navy, shall hereafter be held and considered to have been honorably discharged from the naval service of the United States as a member of that organization on the 31st day of March 1901: Provided, That no bounty, back pay, pension, or allowance shall accrue by virtue of the passage of this Act. Approved, May 7, 1934. [CHAPTER 260.] AN ACT For the relief of John C. McCann. Proviso. No back pay, etc. May 7, 1934. [H.R. 1404.] [Private, No. 130.] John C. McCann. cor Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy is authorized and directed to correct the service record rected. of John C. McCann, formerly of the United States Ship California, so that he shall be held and considered to have been honorably discharged on August 26, 1908, and to grant to such John C. McCann an honorable discharge as of such date: Provided, That no pension, prior pension, pay, or bounty shall be held to have accrued by reason of the enact- etc. ment of this Act. Approved, May 7, 1934. [CHAPTER 261.] AN ACT For the relief of Harvey Collins. Proviso. May 7, 1934. [H.R.2074.] [Private, No. 131.] Harvey Collins. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of any laws conferring rights, privileges, and benefits upon rected. honorably discharged soldiers Harvey Collins, late of the United States Navy, shall hereafter be held and considered to have been honorably discharged from the naval service of the United States as a member of that organization on the 20th day of September 1901: Provided, That no bounty, back pay, pension, or allowance shall be held to have accrued prior to the passage of this Act. Approved, May 7, 1934. [CHAPTER 262.] JOINT RESOLUTION Granting compensation to George Charles Walther. Proviso. cor May 7, 1934. [H.J.Res. 61.] Priv. Res., No. 1.] George Charles Walther. Whereas George Charles Walther was shot near Underwood, Wash- Whereas as a result of such shooting, occurring in line of duty, the payments to. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Monthly disability of the Treasury is authorized and directed to pay out of any money in the Treasury not otherwise appropriated, the sum of $100 a month to George Charles Walther, during his lifetime, as full compensation for total and permanent disability resulting from a gunshot wound May 9, 1934. [H.R. 4423.] [Private, No. 132.] Wilbur Rogers. Army service record corrected. in service. etc. inflicted upon him in 1923 by a Federal prohibition enforcement officer. Such payment shall be made through the United States Employees' Compensation Commission and shall date from the approval of this Act. Approved, May 7, 1934. [CHAPTER 266.] AN ACT For the relief of Wilbur Rogers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of any laws conferring rights, privileges, or benefits upon retired officers of the United States Army Wilbur Rogers, major, Retired for disability United States Army, shall be held and considered, notwithstanding any other provision of law, to have been classified in class A and to R.S., sec. 1251, p. 218. have been retired under section 1251 of the Revised Statutes for incapacity which was a result of an accident of service: Provided, No prior pension, That no bounty, back pay, pension, allowance, or any payment proU.S.C., pp. 1214, 1229. vided under the World War Veterans' Act, 1924, as amended, the World War Adjusted Compensation Act, 1924, as amended, or other benefit whatsoever to which said person may be or become entitled by law, shall be held to have accrued prior to the passage of this Act. Proviso. May 9, 1934. [H.R. 472.] [Private, No. 133.] Louis Pratt. Approved, May 9, 1934. [CHAPTER 267.] AN ACT For the relief of Phyllis Pratt and Harold Louis Pratt, a minor. Be it enacted by the Senate and House of Representatives of the Phyllis and Harold United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Phyllis Pratt in her own right and as legal guardian of Harold Louis Pratt, a minor, the sum of $5,000 in full settlement of all claims against the Government of the United States as reimbursement to them for the loss suffered by them in the death of their husband and father, Louis Daniel Pratt, whose death occurred on April 21, 1929, without fault on his part or on their part, through the collision of a trimotored Ford airplane belonging to the Maddux Air Lines, Incorporated, of Los Angeles, California, bearing factory number 5-AT-10, license number NC 9636, near San Diego, California, with an airplane belonging to the War Department of the United States, which was then and there operated in a wrongful and negligent manner by Lieutenant Howard Keefer, a United States pilot, then and there flying under orders and in line of duty: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this Act in excess of 10 per centum thereof on account of services rendered in connection with said claim, any contract to the contrary notwithstanding. Penalty for violation. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Proviso. Limitation on attorney's, etc., fees. Approved, May 9, 1934. (CHAPTER 268.] AN ACT For the relief of Willard B. Hall. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to Willard B. Hall, out of any money in the Treasury not otherwise appropriated, the sum of $75, being the value of a horn used by the claimant during his service with the First Kansas Infantry band, the One Hundred and Thirty-seventh Infantry band, and the One Hundred and Tenth Engineers' band from July 31. 1917, to May 3, 1919. Approved, May 9, 1934. [CHAPTER 269.] AN ACT For the relief of O. H. Chrisp. May 9, 1934. (H.R. 719.] [Private, No. 134.] Willard B. Hall. May 9, 1934. [H.R. 1127.] [Private, No. 135.] O. H. Chrisp. Proviso. Limitation on attor Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to sonal injuries." pay to O. H. Chrisp, of Bald Knob, Arkansas, out of any money in the Treasury not otherwise appropriated, the sum of $5,000 in full settlement of all claims against the Government of the United States in full payment of all damages for personal injuries received by him while in the employ of the Director General of Railroads on January 17, 1919, at Crawfordsville, Arkansas, on account of the negligence of the said Director General of Railroads: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum ney's, etc., fees. thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this Act in excess of 10 per centum thereof on account of services rendered in connection with said claim, any contract to the contrary notwithstanding. Any Penalty for violation. person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved, May 9, 1934. (CHAPTER 270.] AN ACT For the relief of Karim Joseph Mery. May 9, 1934. [H.R. 2339.] [Private, No. 136.] Karim Joseph Mery. death of son. Compensation to, for Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized to pay to Karim Joseph Mery, of San Antonio, Texas, out of any money not otherwise appropriated, the sum of $5,000 as compensation for the death of his son, Joseph Karim Mery, a minor, who was killed at San Antonio, Texas, on July 10, 1923, by the negligent driving of a United States Army truck: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall ney's, etc., fees. be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the Proviso. amount appropriated in this Act in excess of 10 per centum thereof on account of services rendered in connection with said claim, any Penalty for violation. contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. May 9, 1934. [H.R. 2340.] [Private, No. 137.] May bring suit in of certain cattle. Approved, May 9, 1934. [CHAPTER 271.] AN ACT For the relief of Russell and Tucker and certain other citizens of the States of Be it enacted by the Senate and House of Representatives of the Russell and Tucker. United States of America in Congress assembled, That Russell and district court for loss Tucker, a copartnership composed of Lee L. Russell and S. C. Tucker; Floyd and Company, a copartnership composed of C. W. Floyd and S. C. Tucker; Borroum, Tucker, and O'Connor, a copartnership composed of J. L. Borroum, S. C. Tucker, and Martin O'Connor; Rutledge, Browne, and Nichols, a copartnership composed of W. J. Rutledge, N. H. Browne, and J. W. Nichols; Russell and Wilson, a copartnership composed of R. R. Russell and W. E. Wilson; Rocky Reagan, Alfred A. Drummond, J. M. Dobie, and Dick Colson, their heirs, legal representatives, executors, administrators, and assigns, any statutes of limitations being waived, are hereby authorized to enter suit in the United States District Court for the Northern District of Texas for the amount alleged to be due to said claimants from the United States by reason of the alleged neglect and alleged wrongdoing of the officials and inspectors of the United States Bureau of Animal Industry in the dipping of tick-infested cattle in Texas and Oklahoma, which said cattle were shipped from Texas to Osage County, Oklahoma, in the years 1918 and 1922. Statutes of limitations waived. Jurisdiction of court. Provisos. SEC. 2. Jurisdiction is hereby conferred upon said United States District Court for the Northern District of Texas to hear and determine all such claims without intervention of a jury. The action in said court may be presented by a single petition making the United States party defendant, and shall set forth all the facts on which the claimants base their claims, and the petition may be verified by the agent or attorney of said claimants, official letters, reports, and public records, or certified copies thereof may be used as evidence,. and said court shall have jurisdiction to hear and determine said suit and to enter a judgment or decree for the amount of such damages and costs, if any, as shall be found due from the United States to the said claimants by reason of the alleged negligence and erroneous certification, upon the same principles and under the same measure of liability as in like cases between private parties, and the. Government hereby waives its immunity from suit. And said claimants and the United States of America shall have all rights of appeal or writ of error or other remedy as in similar cases between private persons or corporations: Provided, That such notice of the suit shall be given to the Attorney General of the United States as may be provided by order of said court, and upon such notice it shall be the duty of the Attorney General to cause the United States Attorney in such district to appear and defend for the United States: And proof vided further, That such suit shall be begun within six months of the date of the approval of this Act. Notice, etc., to Attorney General. Commencement suit. Approved, May 9, 1934. |