APPOINTMENT OF MEMBER OF ADVISORY COMMITTEE.

It is ordered by this Court that Hugh D. McLellan, of Boston, Massachusetts, be, and he hereby is, appointed a member of the Advisory Committee appointed February 3, 1941 (312 U. S. 717), to assist the Court in the preparation of rules of pleading, practice, and procedure with respect to proceedings prior to and including verdict, or finding of guilty or not guilty, in criminal cases in district courts of the United States, in place of Newman F. Baker, deceased.

OCTOBER 27, 1941.

AUTHORITY OF ADVISORY COMMITTEE.

The Advisory Committee appointed February 3, 1941 (312 U. S. 717), to assist the Court in the preparation of rules of pleading, practice, and procedure with respect to proceedings prior to and including verdict, or finding of guilty or not guilty, in criminal cases in district courts of the United States, is authorized and directed to make such recommendations as may be deemed advisable respecting amendments to the rules promulgated by this Court (292 U. S. 659) pursuant to the provisions of the Act of Congress, approved March 8, 1934, c. 49, 48 Stat. 339, amending an Act entitled "An Act to give the Supreme Court of the United States authority to prescribe Rules of Practice and Procedure with respect to proceedings in criminal cases after verdict," Act of February 24, 1933, c. 119, 47 Stat. 904; U. S. C., Title 28, § 723 (a).

NOVEMBER 17, 1941.

719

CONTINUANCE OF ADVISORY COMMITTEE.

It is ordered by this Court that the surviving members, or so many of them as are willing to serve, of the Advisory Committee appointed by the orders of the Court dated June 3, 1935 (295 U. S. 774) and February 17, 1936 (297 U. S. 731), pursuant to § 2 of the Act of June 19, 1934, c. 651, 48 Stat. 1064, are designated as a continuing Advisory Committee to advise the Court with respect to proposed amendments or additions to the Rules of Civil Procedure for the District Courts of the United States (308 U. S. 645).

JANUARY 5, 1942.

INDEX

ACCOMPLICE. See Constitutional Law, VII, (B), 11.

ADMINISTRATIVE PROCEEDINGS. See Constitutional Law, I,
6; VI, 1.

ADMIRALTY. See Longshoremen's & Harbor Workers' Act.

1. Warranty of Seaworthiness. Breach. Burden of Proof.
Where owner has not assumed obligation of common carrier, bailor
of cargo has burden of proving unseaworthiness. Commercial Mo-
lasses Corp. v. N. Y. Tank Barge Corp., 104.

2. Id. Unexplained sinking of barge; bailor of cargo failed to
sustain burden of proving unseaworthiness. Id.

ADVISORY COMMITTEE.

1. Appointment of Member. Order, p. 719.

2. Authority of Committee. Orders, pp. 719, 720.

ALIENS.

Suits by Enemy. Trading with the Enemy Act. War barred pro-
ceeding in this Court by Italian Ambassador. Er parte Colonna, 510.
AMBASSADOR. See Aliens.

AMENDMENT. See Judgments; Statutes, 1, 8.

APPEAL. See Jurisdiction; Procedure.

BAIL. See Recognizance.

BAILMENT. See Admiralty, 1–2.

BANKRUPTCY.

1. Priority of United States as creditor where "act of bankruptcy
is committed." U.S. v. Emory, 423.

2. Provable Claims. Interest. Exaction of 12% per annum under
California Unemployment Reserves Act was allowable "interest"
under § 57j. Meilink v. Unemployment Reserves Comm'n, 564.

3. Discharge. Effect. State statute providing for suspension of
license of motor vehicle operator guilty of negligence, though liabil-
ity discharged in bankruptcy, not inconsistent with § 17 of Bank-
ruptcy Act. Reitz v. Mealey, 33.

4. Id. Proceedings for suspending operator's license under valid
statute, unaffected by severable amendments giving creditor power
over license of debtor who has been discharged in bankruptcy. Id.

428670°-42 46

721

BANKRUPTCY-Continued.

5. Procedure. Appeal. Time. Dismissal of untimely petition for
rehearing or review did not extend time for appeal from original order.
Bernards v. Johnson, 19.

6. Id. Action by bankruptcy court herein was not a review of
bankrupts' claims; finality of orders from which appeals were not
taken within time. Id.

7. Id. Remedy for error of bankruptcy court in sustaining state
court foreclosure and titles was by application for review or appeal
within time. Id.

BANKS. See Constitutional Law, I, 3, 10, 12.

1. National Banks. Insolvency. Liquidation. "Ratable" distri-
bution requires that dividends be proportioned to claims as of date
of insolvency. American Surety Co. v. Bethlehem National Bank,
314.

2. Id. Where creditor was paid in part by collateral and dividend,
and balance by surety, latter subrogated on basis of original amount
of claim. Id.

3. Federal Land Banks. State Taxation. Purchases by land
bank of materials for improvement of its property, exempt from state
taxation. Federal Land Bank v. Bismarck Lumber Co., 95.
BITUMINOUS COAL ACT.

1937 Act. Application. Exemptions. Director's determination
that railroad company was not "producer" of certain coal, sustained;
sale or transfer of title not essential that Act may apply. Gray v.
Powell, 492.

BUILDING MATERIALS. See Constitutional Law, I, 12.
BURDEN OF PROOF. See Admiralty, 1–2.

CAPITAL STOCK TAX. See Taxation, II, 3.

CARRIERS. See Interstate Commerce Acts, 1–4.

CIRCUIT COURT OF APPEALS. See Courts; Jurisdiction, III.

COAL. See Bituminous Coal Act.

COLLECTIVE BARGAINING. See Labor Relations Act, 1–2.
COLLECTOR OF INTERNAL REVENUE. See Taxation, II, 5.
COMMERCE. See Constitutional Law, II, 1-6; Interstate Com-
merce Acts.

COMMERCE CLAUSE. See Constitutional Law, II, 1–6.

COMMISSIONER OF INTERNAL REVENUE. See Taxation,