HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY A BILL TO PROVIDE FOR THE ADJUSTMENT OF CERTAIN 221515 MARCH 6 AND 11, 1940 Printed for the use of the Committee on the Judiciary UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1940 Cappe CONTENTS Page 5 Letter, former Attorney General Murphy to Senator Ashurst, June 22, Letter, Attorney General Jackson to Senator Ashurst, February 13, 1940- Letter, Nathan April, chairman Federal Bar Association of New York, Letter, Henry W. Beer, president Federal Bar Association, to Attorney General Jackson, March 2, 1940- Letter, Howard Cockrill, secretary, Standing Committee on Jurisprudence and Law Reform, American Bar Association, to Senator Miller, March Herbert M. Bingham, chairman, District of Columbia Bar Association Alexander Holtzoff, special assistant to the Attorney General.. TORT CLAIMS AGAINST THE UNITED STATES WEDNESDAY, MARCH 6, 1940 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. The subcommittee met, pursuant to call, in the committee room, Capitol, at 10:30 a. m., Senator John E. Miller, (chairman) presiding. Present: Senators Miller (chairman) and Danaher. Present also: Senator Lewis B. Schwellenbach, of Washington; Representative Ambrose J. Kennedy, of Maryland; Alexander Holtzoff, Esq., Special Assistant to the Attorney General; Herbert M. Bingham, Esq., District of Columbia Bar Association; Charles Ruzicka, Esq., Baltimore, Md., American Bar Association; John J. Keegan, Esq., Washington, D. C., representing the United States Employees' Compensation Commission. The subcommittee had under consideration S. 2690, a bill to provide for the adjustment of certain claims against the United States and to confer jurisdiction in respect thereto on the Court of Claims and the District Courts of the United States, and for other purposes. (Said S. 2690 is here set forth in full, as follows: [S. 2690, 76th Cong., 1st Sess.] A BILL To provide for the adjustment of certain claims against the United States and to confer jurisdiction in respect thereto on the Court of Claims and the district courts of the United States, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I ADMINISTRATIVE ADJUSTMENT OF TORT CLAIMS AGAINST THE UNITED STATES SECTION. Subject to the limitations of this Act, authority is hereby conferred upon the head of each department or independent establishment, acting on behalf of the Government of the United States, to consider, ascertain, adjust, determine, and settle any claim accruing after the date of approval of this Act on account of damages to or loss of property, or on account of personal injuries, where the total amount of the claim does not exceed $1,000, caused by the negligent or wrongful act or omission of any officer or employee of the United States, including any member of the military and naval forces, while acting within the scope of his office or employment. If the amount of the award does not exceed $500, such determination shall be final and conclusive on all officers of the Government, notwithstanding any other provision of law to the contrary. If the amount of the award exceeds the sum of $500, the award shall be submitted by the head of the department or independent establishment making the same to the Attorney General for review. In such event, the determination of the Attorney General shall be final and conclusive on all officers of the Government, notwithstanding any other provision of law to the contrary. Such amount as may be found to be due to any claimant shall be paid by the head of the department or independent establishment concerned out of appropriations that may be made therefor, which appropriations are hereby authorized. |