COMMITTEE ON MILITARY AFFAIRS UNITED STATES SENATENTE FIRST SESSION ON S. 1579 cpt. la JUNE 18, 19, 23, 30 AND JULY 1, 1941 Printed for the use of the Committee on Military Affairs UNITED STATES WASHINGTON : 1941 COMMITTEE ON MILITARY AFFAIRS ROBERT R. REYNOLDS, North Carolina, Chairman ELBERT D. THOMAS, Utah * WARREN R. AUSTIN, Vermont EDWIN C. JOHNSON, Colorado STYLES BRIDGES, New Hampshire JOSH LEE, Oklahoma CHAN GURNEY, South Dakota I C. SCHWARTZ, Wyoming RUFUS C. HOLMAN, Oregon TER HILL, Alabama JOHN THOMAS, Idaho EERIDAN DOWNEY, California HENRY C. LODGE, JR., Massachusetts WESLEY E. MCDONALD, Clerk CONTENTS Page - - - - - - - - - - - - - 91. Hon. Robert P. Patterson, Under Secretary of War ---- J. P. Catton, office of the general counsel Office of Production Hon. James E. Emery, general counsel of the National Association of Mr. Robert R. Mehornay, Chief of Defense Contracts Service of the Office of Production Management.. Lt. Col. Ray M. Hare of the Facilities Division of the office of the Hon. Robert W. Byerly, representing the New York Patent Law Hon. Robert P. Patterson, Under Secretary of War. Brig. Gen. H. K. Rutherford of the office of the Under Secretary of Admiral E. S. Land, Chairman of the United States Maritime Com- Rear Admiral S. M. Robinson, Chief of the Bureau of Ships of the Hon. Harold T. Stowell, representing the American Patent Law Hon. Edmund C. Fletcher, a lawyer of Washington, D. C.-- 124 Mr. Merwin K. Hart, president of the New York State Economic Council.------------------------------------------------ Hon. Arthur W. Dickey, representing the Michigan Patent Law Asso- ciation ---- Hon. Karl Fenning, representing the National Council of Patent Law Mr. Lester P. Barlow, Stamford, Conn. -- Mr. Carl M. Mote, of Indiana and New York.. Col. John Thomas Taylor, representing the American Legion -- Mr. A. P. Haake, representing the National Association of Furniture Mr. B. C. Marsh, representing the People's Lobby----- Mrs. Cathrine Curtis, representing the Women Investors of America, Statement submitted by Hon. Fulton B. Flick, of the Patent Law Associa- --------- Statement submitted by the National Lawyers Guild.------- Statement submitted by the National Small Business Men's Association.. 202 Statement submitted by Mr. M. Shakespeare, Kalamazoo, Mich.. Statement submitted by Mrs. Elizabeth F. Wimsatt, Washington, D. C.. 207 -------------- - REQUISITION OF PROPERTY BY THE UNITED STATES WEDNESDAY, JUNE 18, 1941 UNITED STATES SENATE, Washington, D. C. Present: Senators Reynolds (chairman), Johnson of Colorado, Hill, Downey, Kilgore, Gurney, Thomas of Idaho, and Lodge. The CHAIRMAN. The committee will now come to order. I shall ask the official reporter to insert in the record at this point the full text of S. 1579. (The bill S. 1579 above referred to is as follows:) A BILL To authorize the President of the United States to requisition certain property for the use of or disposition by the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, during any period of national emergency proclaimed by the President, the President is authorized, when he deems it in the interest of nazional defense, (a) to requisition and take over, either temporarily or permanently, property of any kind or character, whether real or personal, tangible or intangible, or any part thereof, or any right or interest therein or with respect thereto, whether by virtue of contract, patent, license, or otherwise, which itself or through its exercise or control can be used or is adaptable for use directly or indirectly in any way for national defense or in the construction, manufacture, production, transportation, repair, testing, or storage of military or naval supplies or other articles, commodities, materials, machinery, or equipment for national defense; and (b) to use and, on such terms as he shall deem satisfactory, to sell or otherwise dispose of, either temporarily or permanently, any property, right, or interest requisitioned or taken over pursuant to the provisions of this Act. Sec. 2. Whenever the President shall requisition and take over any property pursuant to the provisions of this Act, the person or persons having any right, title, or interest therein shall be paid as compensation therefor such sum as the President shall determine to be fair and just. If any such person or persons entitled to receive it are unwilling to accept as full and complete compensation for such property the sum so determined by the President, such preson or persons shall be paid 75 per centum of the sum so determined by the President and shall be entitled to sue the United States for such additional sum as when added to the sum already received shall be determined as fair and just compensation for such property in the manner provided for by section 24, paragraph 20, and section 145 of the Judicial Code (U. S. C., title 28, sec. 41, par. 20, and sec. 250), but no recovery shall be allowed against the United States in any such action unless the action be brought within two years after the date on which notice shall have been given of the determination by the President of the amount to be paid as compensation. Sec. 3. Appropriations available for the acquisition of property for nationaldefense purposes shall be available for the acquisition of such property under the provisions of this Act; and any moneys received by the United States as the |