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78TH CONGRESS 2d Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 1253

AUTHORIZING THE PRESIDENT TO PRESENT, IN THE NAME OF CONGRESS, A DISTINGUISHED SERVICE MEDAL TO ADMIRAL CHESTER W. NIMITZ, UNITED STATES NAVY

March 13, 1944.—Committed to the Committee of the Whole House and ordered to be printed

Mr. VINSON of Georgia, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany H. R. 4377]

The Committee on Naval Affairs, to whom was referred the bill (H. R. 4377) authorizing the President to present, in the name of Congress, a Distinguished Service Medal to Admiral Chester W. Nimitz, United States Navy, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the bill H. R. 4377 is to authorize the President to present, in the name of Congress, a Distinguished Service Medal to Admiral Chester W. Nimitz, United States Navy, for exceptionally meritorious and distinguished service to the Government in a duty of great responsibility as commander in chief of the Pacific Fleet from December 31, 1941, to the present time.

Immediately after the Japanese attack on Pearl Harbor, Admiral Nimitz was detached from duty as Chief of the Bureau of Navigation and ordered as commander in chief of the Pacific Fleet. He assumed that duty on December 31, 1941, and despite the losses at Pearl Harbor and a serious shortage of ships, planes, and supplies, he organized his forces and carried on defensive warfare which resulted in the halting of the Japanese advances. As rapidly as ships, personnel, and material became available to him, he shifted from defensive to offensive warfare and under his brilliant guidance and leadership the Navy won victories in the Coral Sea, off Midway, and in the Solomon Islands. Recently forces under his command have captured and occupied the Gilbert and Marshall Islands, and he is now striking blows at Japanese positions even further to the westward. These accomplishments have been possible because of the untiring devotion of Admiral Nimitz to his duty and to his skill as a strategist.

The committee are aware of the fact that the President is empowered, without congressional action, to present a Distinguished Service Medal to Admiral Nimitz and, in fact, such a medal was presented to him in June 1942. However, the enactment of H. R. 4377 is a proper and fitting action indicating recognition by the Congress of the outstanding service he has performed for his country. The committee are of the opinion that the distinguished service rendered by Admiral Nimitz should be thus specially recognized and unanimously recommend enactment of the bill.

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78TH CONGRESS 2d Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 1254

AMENDING THE LAWS OF THE DISTRICT OF COLUMBIA RELATING TO EXEMPTION OF PROPERTY FROM JUDICIAL PROCESS, THE ASSIGNMENT OF SALARY OR WAGES, AND THE ADVANCE PAYMENT OF SALARY OR WAGES FOR THE PURPOSE OF PREVENTING ATTACHMENT OR GARNISHMENT

MARCH 13, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. RANDOLPH, from the Committee on the District of Columbia, submitted the following

REPORT

[To accompany H. R. 2116]

The Committee on the District of Columbia, to whom was referred the bill (H. R. 2116) to amend the laws of the District of Columbia relating to exemption of property from judicial process, the assignment of salary or wages, and the advance payment of salary or wages for the purpose of preventing attachment or garnishment, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Page 1, line 4, change the word "laws" to "law".

Page 1, line 5, delete "(D. C. Code, 1940 edition, sec. 15-401)". Page 2, line 6, insert after the word "District" the words "of Columbia".

Page 2, line 17, change the word "amount" to "amounting".

Page 3, line 14, delete "(D. C. Code, 1940 edition, sec. 15-403)". Page 3, line 16, insert a comma after the word "insurance" so that "insurance" as well as "annuities" will be exempted to the extent of $125.

Page 4, lines 4 through 9, strike the proviso and insert in lieu thereof the following:

Provided, however, That where husband and wife are living together, the aggregate of the earnings, salaries, insurance, annuities, and pension or retirement payments of the husband and wife shall be the amount which shall be determinative of the exemption of either in cases arising ex contractu.

Page 4, line 11, insert a comma after the word "payments" so that "not otherwise exempted" will modify each type of compensation.

H. Repts., 78–2, vol. 2- -26

Page 4, line 20, strike the quotation marks at the end of the line. Page 4, delete lines 21 to 24, inclusive.

Page 4, line 25, strike "SEC. 1108." and insert in lieu thereof "(c)". Page 5, line 3, change the word "wife" to "spouse".

Page 5, line 6, change "SEC. 4" to "SEC. 3".

Page 5, line 7, delete "(D. C. Code, 1940 edition, title 28, ch. 25)”. Page 5, line 10, change "SEC. 435" to read "SEC. 434-A".

Page 6, line 4, change "SEC. 5" to "SEC. 4".

Page 6, line 5, delete "(D. C. Code, 1940 edition, sec. 16-312)". Sections 1 and 2 of the bill would increase the present exemption from attachment, or other process, of money and property belonging to the heads of families and individuals residing in the District of Columbia, as well as persons earning a major portion of their income in the District of Columbia. The present law has not been changed since it was enacted in 1901, when living costs were considerably lower than at present. The inadequacy of the present exemptions from attachment and legal process has been demonstrated in many cases, especially before the Small Claims Branch of the Municipal Court of the District of Columbia.

Section 3 of the bill would enact a new paragraph providing that notice or claim of exemption, or motion to quash attachment or other process against exempt property or money, may be filed by the debtor, his wife, or a garnishee, and that the court shall act promptly upon such notice, motion, or claim of exemption.

Section 4 of the bill invalidates any assignment of future wages and makes it unlawful for any person to demand or receive such an assignment. This is a very desirable provision, as it has been the practice of some unscrupulous merchants to engage in selling merchandise to persons who are not financially able to pay for it except out of future earnings and, if and when such person defaults, the creditor endeavors to convince his employer that he, the employer, is legally responsible for the debts of his employee by virtue of a wage assignment. This attempt not infrequently results in loss of the person's employment.

Section 5 of the bill would protect creditors by making it unlawful for any employer to pay salary or wages to an employee in advance of the time they are due, for the purpose of avoiding or preventing an attachment or garnishment against the earnings or salary of such employee.

The committee believe that the proposed legislation will afford adequate protection to heads of families and individuals residing in the District of Columbia, as well as their dependents, and that it will tend to deter unscrupulous merchants from inducing persons with low incomes to purchase nonessentials far beyond their ability to pay. On the other hand, the provision prohibiting payment of wages in advance to avoid attachment of such earnings will protect creditors by curbing irresponsible purchasers. For both the foregoing reasons the bill should help to curb excess buying and combat inflation.

The proposed legislation not only affords relief to persons residing in the District of Columbia but also protects persons who earn the major portion of their livelihood in the District of Columbia, regardless of place of residence.

The bill has the approval of the Commissioners of the District of Columbia and the District Bar Association.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, the changes proposed by this bill are set out as follows (existing law proposed to be omitted is enclosed in brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman):

SEC. 1105. [WHAT PROPERTY OF HOUSEHOLDER EXEMPT.-] (a) The following property, being the property of the head of a family or householder residing in the District of Columbia, or of a person who earns the major portion of his livelihood in the District of Columbia, being the head of a family or householder, regardless of his place of residence, shall be free and exempt from distraint, attachment, levy, or seizure and sale on execution or decree of any court in the District of Columbia: First. All wearing apparel [belonging to provided for all persons [and to all heads of families being householders] within the household, being members of the immediate family of the household, not in excess of $300 per person.

Second. All beds, bedding, household furniture and furnishings, sewing machines, radios, stoves, cooking utensils, [and so forth,] not exceeding $300 in value.

Third. Provisions for three months' support, whether provided or growing. Fourth. Fuel for three months.

Fifth. Mechanics' tools and implements of the debtor's trade or business amounting to $200 in value, with $200 worth of stock or materials for carrying on the business or trade of the debtor [or his family]. This exemption shall also apply to merchants.

Sixth. The library, office furniture, and implements of a professional man or artist, to the value of $300.

Seventh. One horse [,] or mule [,or yoke of oxen]; one cart, wagon, or dray and harness [for such team], or one automobile or motor-controlled vehicle not exceeding $500 in value if used principally by the debtor in his trade or business.

[Eighth. Farming utensils, with food for such team for three months, and, if the debtor be a farmer, any other farming tools of the value of $100.]

[Ninth.] Eighth. All family pictures; and all the family library, not exceeding in value $400.

[Tenth. One cow, one swine, six sheep.]

(b) Such [And these] exemptions shall be valid when the property is in transitu[,] the same as if at rest; but no property named and exempted in this section shall be exempted from attachment or execution for any debt due for the wages of servants, common laborers, or clerks, except the wearing apparel, beds, and bedding [,] and household furniture for the debtor and family.

(c) For the purpose of this section the person who is the principal provider for the family shall be deemed to be the head thereof.

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SEC. 1107. [EARNINGS.-] (a) The earnings, salary, insurance, annuities, or pension or retirement payments, not otherwise exempted, not to exceed [$100] $125 each month, of [all actual residents of the District of Columbia] any person residing in the District of Columbia, or of any person who earns the major portions of his or her livelihood in the District of Columbia, regardless of place of residence, who provides [for] the principal support of a family [in said District], for two months next preceding the issuing of any writ or process against him, from any court or officer of and in said District, [against them,] shall be exempt from attachment, levy, seizure, or sale upon such process, and the same shall not be seized, levied on, taken, reached, or sold by attachment, execution, or any other process or proceedings of any court, judge, or other officer of and in said District: Provided, however, That where husband and wife are living together, the aggregate of the earnings, salaries, insurance, annuities, and pension or retirement payments of the husband and wife shall be the amount which shall be determinative of the exemption of either in cases arising ex contractu.

(b) The earnings, salary, insurance, annuities, or pension or retirement payments, not otherwise exempted, not to exceed $60 each month for two months preceding the date of attachment of all persons residing in the District of Columbia, or of persons who earn the major portions of their livelihood in the District of Columbia, regardless of place of residence, who do not provide for the support of a family, shall be entitled

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