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(CHAPTER 643.)
AN ACT

June 18, 1934. Authorizing the Secretary of the Treasury to pay Doctor A. W. Pearson, of (H.R. 7121.)

Peever, South Dakota, and the Peabody Hospital, at Webster, South Dakota, [Private, No. 295.) for medical services and supplies furnished to Indians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Doctor A. W. Pearof the Treasury be, and he is hereby, authorized and directed to Payment to, for medpay, out of any money in the Treasury not otherwise appropriated, ical services and supthe sum of $4,764.40 to Doctor A. W. Pearson, of Peever, South Dakota, and the sum of $11,675.97 to the Peabody Hospital, at Webster, South Dakota, or as much thereof as is necessary, in full and final settlement waiving all liens and claims they hold against the Indians' property for medical services and supplies furnished to indigent Indians of the Sisseton Agency in South Dakota during the fiscal years 1920 to 1931, inclusive, such services and supplies having been furnished with the knowledge and approval of the superintendent in charge of the said reservation: Provided, That no Proviso.

Limitation on attorpart of the amount appropriated in this Act in excess of 10 per ney's, etc., fees. 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. Any person violating the provisions of this Act shall be deemed Penalty for violation. guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

Approved, June 18, 1934.

June 18, 1934.

(H.R. 7230.] (Private, No. 296.]

[CHAPTER 644.]

AN ACT

For the relief of J. B. Hudson. 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, out of any money in the Treasury not otherwise appropriated, the sum of $250 to J. B. Hudson, said sum representing deduction in pay while a sergeant in the United States Army.

Approved, June 18, 1934.

Payment to

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[CHAPTER 645.]
AN ACT

June 18, 1934.
For the relief of John W. Adair.

(H.R. 7272.]

(Private, No. 297.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the pro- John W. Adair. visions of the Act of September 7, 1916, entitled “An Act to provide ployees' Compensation compensation for employees of the United States suffering injuries Act extended to

. while in the performance of their duties, and for other purposes are hereby extended to John W. Adair, of Pinetop, Arizona, for the death of his son, John Robin Adair, who lost his life on June 21, 1916, while fighting a forest fire on the Fort Apache Indian Reservation; and the United States Employees' Compensation Commission is authorized and directed to pay compensation to John W. Monthly payments Adair as a partial dependent parent at the rate of $30 per month for

authorized. a period of eight years from and after the passage of this Act: Pro- Provisos:

No back pay. vided, That no compensation shall be held to have accrued prior to

the passage of this Act and the payments above provided for shall Limitation on attor- be in full settlement of all claims against the United States: Pro

vided further, 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 Penalty for violation. in connection with said claim, any contract to the contrary notwith

standing. 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.

Approved, June 18, 1934.

istratrix of estate of.

(CHAPTER 646.]

AN ACT June 18, 1934. (H.R. 8115.)

For the relief of May L. Marshall, administratrix of the estate of Jerry A. (Private, No. 298.)

Litchfield. Be it enacted by the Senate and House of Representatives of the Payment to admin: 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, and in full settlement against the Government, the sum of $5,000 to May L. Marshall, administratrix of the estate of Jerry A. Litchfield, who was killed on the night of December 7, 1925, in a collision between the barge Pine Grove and the highway bridge at Coinjock, North Carolina, while said bridge was owned and operated by the United States, and by the lowering of the draw of said bridge on the pilot

house of the barge Pine Grove, in which said Jerry A. Litchfield Proviso.

was a passenger: Provided, That no part of the amount appropriated torney's, etc., fees. in this Act in excess of 10 per centum thereof shall be paid or deliv

ered 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. SEC. 2. 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.

Approved, June 18, 1934.

Limitation

on

at

[CHAPTER 647.)

JOINT RESOLUTION June 18, 1934.

(S.J. Res. 117.) Authorizing the President of the United States to present the Distinguished (Priv. Res., No. 2.)

Flying Cross to Emory B. Bronte. Resolved by the Senate and House of Representatives of the Emory B. Bronte. United States of America in Congress assembled, That the PresiDistinguished Flying Cross to be presented dent of the United States is authorized to present the Distinguished to.

Flying Cross to Emory B. Bronte, of San Francisco, California, in recognition of his heroic courage and great skill as a navigator on the second successful airplane flight from California to the Hawaiian Islands, made under extremely adverse weather conditions in twentyfive hours, two minutes, on July 14 and 15, 1927.

Approved, June 18, 1934.

[CHAPTER 678.]
AN ACT

June 19, 1934.
For the relief of John T. Garity.

(8. 3096.)

(Private, No. 299.] Whereas John T. Garity of Savannah, Georgia, became surety upon

the supersedeas bond of Wilson Jenkins in the sum of $15,000 John T. Garity. to secure the appearance of the said Wilson Jenkins pending a decision on a writ of appeal from the Circuit Court of Appeals

of the United States; and Whereas said Wilson Jenkins failed to answer to the final judgment

rendered in said case; and Whereas the bond signed by the said John T. Garity as surety for

the said Wilson Jenkins was forfeited and estreated; and Whereas the said John T. Garity paid $2,500 in May 1933 on account

of said forfeiture as part payment on said bond; and Whereas the said Wilson Jenkins was apprehended on June 7, 1933,

and then incarcerated in the Federal penitentiary in Atlanta,
Georgia, and is now in the custody and control of the prison
authorities of the United States Government and is serving
the sentence for which said bond signed by the said John T.
Garity as surety was given for the appearance of said Wilson

Jenkins; and
Whereas said $2,500 paid on said bond is more than sufficient to

defray any expense incurred by the United States Government
in connection with the apprehension of said Wilson Jenkins:

Therefore Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That John T. Relief from further

liability as surety on Garity be, and he is hereby, relieved from all further liability as bond. surety on the supersedeas bond signed by said John T. Garity for the appearance of Wilson Jenkins pending a writ of error from the Circuit Court of Appeals for the Fifth Circuit to answer to a sentence and final judgment which had been imposed by the United States District Court for the Southern District of Georgia, Savannah division, said bond dated March 29, 1930, and which sentence he is now serving.

Approved, June 19, 1934.

[CHAPTER 679.]
AN ACT

June 19, 1934. To refund to Caroline M. Eagan income tax erroneously and illegally collected.

(H.R. 194.)

(Private, No. 300.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Caroline M. Eagan. of the Treasury be, and he is hereby, authorized and directed to ly collected income tas. refund and pay, out of any money in the Treasury not otherwise appropriated, to Caroline M. Eagan, Eagan Apartment, Board Walk and Florida Avenue, Atlantic City, New Jersey, the sum of $10,950.19 for income tax erroneously and illegally collected from her for the calendar year 1925: Provided, That no part of the amount appro Proviso.

Limitation on attor priated in this Act in excess of 10 per centum thereof shall be paid neyis, etTees. 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

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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.

Approved, June 19, 1934.

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[CHAPTER 680.]

AN ACT June 19, 1934.

(H.R. 2418.) For the relief of certain claimants at Leavenworth, Kansas, occasioned through (Private, No. 301.)

mage to property inflicted by escaping isoners.

Be it enacted by the Senate and House of Representatives of the Leavenworth, Kans., United States of America in Congress assembled, That the Comp

Payments to certain troller General of the United States be, and he is hereby, authorized
claimants for damages and directed to settle and adjust the claim of Elizabeth Phillips,

in the amount of $55; Joseph M. Kressin, in the amount of $63.30;
Joseph Verlinde, in the amount of $4.95, all arising through damages
to personal property occasioned by the escape of seven prisoners from

the United States penitentiary at Leavenworth, Kansas, on DecemAppropriation. ber 11, 1931. There is hereby appropriated, out of any money in

the Treasury not otherwise appropriated, the sum of $123.75, or so
much thereof as may be necessary, for the payment of these claims.

Approved, June 19, 1934.

prisoners.

June 19, 1934.

(H.R. 3243.) (Private, No. 302.)

(CHAPTER 681.)

AN ACT
For the relief of Harry E. Good, administrator de bonis non of the estate of

Ephraim N. Good, deceased.

of estate of.

Be it enacted by the Senate and House of Representatives of the
Ephraim N. Good. United States of America in Congress assembled, That the Secretary
Liberty bonds in favor of the Treasury be, and he is hereby, authorized and directed to

redeem in favor of Harry E. Good, of Winamac, Indiana, adminis-
trator de bonis non of the estate of Ephraim N. Good, deceased,
United States registered bonds numbered 650051, 650052, in the
denomination of $100 each, and numbered 122336 in the denomina-
tion of $1,000, of the third Liberty loan 414 per centum bonds of
1928, inscribed “Ephraim N. Good”, with interest from March 15,
1928, to September 15, 1928, without presentation of the bonds, said
bonds having been assigned in blank by the heirs of the payee, and
subsequently stolen from the First State Bank, Star City, Indiana :

Provided, That said bonds shall not have been presented to the
Condition.

Treasury Department for payment: Provided, further, That said
Indemnity bond. Harry Ě. Good shall first file with the Treasury Department a bond

in the penal sum of double the amount of the principal of the said
bonds and the final interest thereon payable September 15, 1928, in
such form and with such corporate surety as may be acceptable to
the Secretary of the Treasury, with condition to indemnify and save
harmless the United States from any loss on account of the bonds
herein described.

Approved, June 19, 1934.

Provisos.

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June 19, 1934.

(H.R. 5736.) (Private, No. 303.)

Refunds of overpay

.

(CHAPTER 682.)

AN ACT
For the relief of Shelby J. Beene, Mrs. Shelby J. Beene, Leroy T. Waller, and

Mrs. Leroy T. Waller.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secre-

Shelby J. Beene, etc. tary of the Treasury is authorized and directed to pay, out of any ments of income tax, money in the Treasury not otherwise appropriated, to Shelby J. Beene the sum of $14,739.58, to Mrs. Shelby J. Beene the sum of $15,227.80, and to Leroy T. Waller and Mrs. Leroy T. Waller each the sum of $14,531.79, together with interest at the rate of 6 per centum per annum thereon in each case from December 28, 1929, to the date of making payment under this Act. Such sums represent overpayments of income taxes made (under protest) on such date by the said persons for the years 1921 and 1922. The said persons were four of forty-eight partners composing a partnership each member of which was assessed with deficiency assessments for 1921 and 1922. Depletion on account of certain bonuses and advanced royalties received by the partnership was not allowed and

ach partner's taxable income was correspondingly increased. Forty-four of the partners paid under protest and entered suits for refunds. The other four partners named in this Act appealed from the deficiency assessment, but the Board of Tax Appeals and Circuit Court of Appeals, Fifth Circuit maintained the validity of the assessments as to them, and the United States Supreme Court refused to grant them writs of certiorari. Subsequently the United States Supreme Court in the case of Palmer against Bender (287 U.S. 551) (being the consolidated suits of the forty-four remaining partners before the Supreme Court on writs of certiorari to the Circuit Court of Appeals, Fifth Circuit) held that the depletion claimed by the partnership should have been allowed, and the forty-four partners were allowed refunds accordingly. The four partners' claims for refunds involved the same facts and law as those of the forty-four partners: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered ney's, etc., lees. 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 person violating the provisions of Penalty for violation. this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

Approved, June 19, 1934.

Proviso.
Limitation on attor

June 19, 1934.

(H.R. 5947.) (Private, No. 304.)

Western Union Tele

[CHAPTER 683.)

AN ACT
Authorizing adjustment of the claim of the Western Union Telegraph Company.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Comptroller General of the United States be, and he is hereby, authorized Refund of certain and directed to adjust and settle the claim of the Western Union Tele- rent overpayment. graph Company for refund of certain overpayment of rent in 1931, amounting to $512.22, under its license Numbered Miscellaneous 12293, dated February 17, 1923, for the use of certain War Department submarine telegraph cables Numbered 336 and 462, between

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