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be in the same manner as in the case of claims over which the Court of Claims has jurisdiction as now provided by law.

Approved July 16,



(H. R. 3975)


To amend section 1498 of title 28, United States Code, so as to permit

a joint patentee to bring suit on a patent in the Court of Claims in certain cases where one or more of his copatentees is barred from doing so.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the fourth paragraph of section 1498 of title 28, United States Code, is amended by substituting the following therefor:

"A Government employee shall have the right to bring suit against the Government under this section except where he was in a position to order, influence, or induce use of the invention by the Government. This section shall not confer a right of action on any patentee or any assignee of such patentee with respect to any invention discovered or invented by a person while in the employment or service of the United States, where the invention was related to the official functions of the employee, in cases in which such functions included research and development, or in the making of which Government time, materials or facilities were used."

Approved July 17, 1952.



(S. 1095)

AN ACT To extend the time for filing claims on behalf of certain persons, and for

other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding any statute of limitations or lapse of time, suits may be instituted within one year after the enactment of this Act, in the appropriate United States district court, under the provisions of subsection (a) (2) of section 1346, title 28, United States Code, or in the United States Court of Claims, in accordance with the provisions of section 1491, title 28, United States Code, by all persons who claim that their property, easements, rights in land, mineral interests, rights of ingress and egress, or other rights or interests were taken and not paid for by, or as a result of, the construction of the Denison Dam or the impounding of the waters of Lake Texoma: Provided, That any such claim shall be barred forever unless suit thereon is instituted within one year from the date of cnactment of this Act: Provided further, That nothing in this Act shall be construed to create any liability against the United States not existing prior to the enactment of this Act.

Approved July 17, 1952.




Washington, D. C., Friday June 27, 1952. The committee met at 11 a. m., Hon. Harold D. Cooley (chairman) presiding.

The CHAIRMAN. The committee will please be in order.

The Chair takes pleasure at this time in recognizing Judge Joseph G. Montague, of Texas.

STATEMENT OF JUDGE JOSEPH G. MONTAGUE Mr. MONTAGUE. Mr. Chairman, members of the committee, and very distinguished guests--and I use the word “distinguished" in speaking to you guests advisedly and deliberately, because I feel those who have been invited to be present here today upon this most pleasant occasion have received a mark of distinction, and you are a distinguished group.

I find it somewhat difficult to speak on the subject about which I will address you today, because it is always most difficult, when one speaks more from the heart than from the mind, and in making the presentation of the portrait of Marvin Jones to this committee, and in speaking to you about Marvin Jones, it is from my heart, and from deep in my heart, that I want to talk to you.

The accomplishments of this man would tax the pen of the greatest biographer who ever lived. His life, I would say, constitutes an American odyssey. He was born in north Texas on a cotton farm and on a farm that was not one of the great estates of Texas. His parents were not overly rich with this world's goods, but they were rich, abundantly rich, in those things that mean most-I mean in family devotion and in love and in the power to inspire that real parents must have to provide inspiration to their children to rise to greater heights.

This young farm boy started out first doing chores around his own farm, earning extra money picking cotton for the neighbors. If he earned 50 cents a day he thought himself lucky. From that he rose one step after another in the scale of economic and social prestige and became a salesman, carrying his canvassing case as he went over that large area selling stereoscopic views, spending the night wherever darkness found him, always welcome there because of his frank and friendly approach.

His business efforts on that lowly scale were successful and opened up to him further opportunities. He paid his own way through school. Having finished the lower brackets of school, he started in teaching in a small country school and although his success there was marvelous and although he had before him a career as a successful teacher, nevertheless he had already dedicated himself to another sphere, that of the law. From his own efforts and from his own purse, he paid his way through the law department of the University of Texas. And his record there was so outstanding that he was selected from his class to be the quizmaster for the following year after his graduation.

Leaving the university he went out into the great Panhandle of Texas, to Amarillo, and started the practice of law. Those years, the first years of any young penniless lawyer, were indeed difficult and trying years, but with ability such as his and with a character such as his, he could not be denied the successes that came to him.

In a few years he was known throughout west Texas as a leading lawyer of that section. His fellow members of the bar chose him at different times to serve as special trial judge, in which capacity he gave evidence of the high character that now distinguishes his service on the bench.

His friends from all over that area selected him to be their Congressman, their Representative in this great body, and I can imagine what a thrill it gave to some old cotton farmer who had hired Marvin Jones to pick his cotton and who then had an opportunity to vote for that boy to come to Congress—and not only the cotton farmer, but customers of his to whom he had sold stereoscopes and views-views and sets that I have seen in recent years still in those homes.

Those people who knew him as a boy and who later elected

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