STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE

The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the bill (H. R. 2260) to provide for appearance on behalf of and appeal by the United States in certain cases in which the constitutionality of acts of Congress is involved, submit the following statement in explanation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report.

The bill as it passed the House provided that whenever the constitutionality of an act of Congress is drawn in question in any suit in a Federal court to which the United States is not a party, if the court is of the opinion that a substantial ground exists for such question, the court must certify that fact to the Attorney General, and afford an opportunity for the Attorney General, or counsel designated by him, to appear and present evidence, if required, and argument on behalf of the United States. The Attorney General is given the same rights as a party to the extent necessary for a proper presentation of the facts and law relating to the constitutionality of the statute. In the event the determination of the lower court is adverse to the constitutionality of the statute, the Attorney General is given the same right of review in the appellate courts as if the United States were a party to the suit; and this right is given him whether or not he appeared in the lower court.

The Senate amended the House bill by striking out all after the enacting clause and inserting in lieu thereof an amendment consisting of six sections.

Sections 1, 2, and 6 of the Senate amendment are a substitute for the provisions of the House bill. Sections 3, 4, and 5 of the Senate amendment are new matter not contained in the House bill.

Section 1 of the Senate amendment required that whenever the constitutionality of any act of Congress is drawn in question and neither the United States nor any agency, office, or employee thereof is a party, the court shall certify that fact to the Attorney General, and permit the United States to intervene as a party for the presentation of evidence and of law relating to the constitutionality of the act in question upon a showing of actual or probable legal interest.

The House bill required a certificate to the Attorney General only in case the court is of the opinion that a susbstantial ground exists for questioning the constitutionality of the statute. The Senate bill required certification in all cases involving constitutionality, but permitted intervention only upon a showing of actual or probable legal interest. The conference report provides for certification whenever the constitutionality of any act of Congress affecting the public interest is drawn in question and omits the language requiring a showing of legal interest.

Section 2 of the Senate amendment provided for a direct appeal by the United States to the Supreme Court where the decision is against the constitutionality of any act where the United States or any

Section 5 of the Senate amendment provided that whenever any judge is designated and assigned to duty outside of his district or circuit his subsistence allowance shall be $10 per diem. This amendment was stricken out by the conferees.

HATTON W. SUMNERS,

ZEBULON WEAVER,
FRANCIS E. WALTER,
CHARLES F. MCLAUGHLIN,
U. S. GUYER,

CLARENCE E. HANCOCK,
Managers on the part of the House.

PAYMENT OF AMOUNTS DUE ON DELINQUENT HOMESTEAD ENTRIES ON CERTAIN INDIAN RESERVATIONS

AUGUST 10, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. SHEPPARD, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany H. R. 5753]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 5753) to authorize payment of the amounts due on delinquent. homestead entries on certain Indian reservations, having considered the same, report thereon with a recommendation that it do pass with the following amendments:

On page 1, line 6, after the word "be" insert the word "due".

On page 1, line 6, after the word "entries" insert the words "of purchases".

On page 1, line 7, strike out "Fort Totten" and insert in lieu thereof "Coeur d'Alene".

On page 3, after the enacting clause add a new section as follows:

SEC. 3. Any homestead entryman or purchaser of ceded Indian land, who is delinquent in the payment of the purchase money or interest, or both, due on the land embraced in his entry, entries, purchase, or purchases, and who is unable to make payment thereof in accordance with existing laws, shall be accorded the privilege of relinquishing any subdivision, or subdivisions, as shown on the approved plat, of his entry, entries, purchase, or purchases, so that the purchase money paid on the whole of such entry, entries, purchase, or purchases, will be sufficient to complete payment on the lands retained, which retained lands shall be in reasonably compact form. Relinquishments heretofore made may be accepted under the provisions of this section.

Amend the title by striking the word "payment" and inserting in lieu thereof the word “advance”.

H. R. 5753 (S. 188) is needed to complete a program already begun by the House in approving H. R. 2888 (S. 189), which was passed July 19. That bill (H. R. 2888) further extended the time for delinquent homestead entrymen and purchasers of Indian lands to complete their payments. This bill (H. R. 5753) embodies the recommendations made by the Secretary of the Interior for enactment if H. R. 2888 (S. 189) were approved.