The Secretary of Agriculture in his report of July 25, 1949, states that the potatoes would have been under loan and the borrower would have been due a settlement under the potato price support program if Mr. Sodergren had signed the documents prior to his death or if Mrs. Sodergren could have secured her appointment as administratrix and signed the papers prior to January 15, 1947. Considering the fact that over 5,000,000 hundredweight of 1946 crop potatoes were placed under special loans in Maine and many of these potatoes were frozen before CCC could find an outlet for them, it is reasonable to assume that any such settlement would have been either on the basis of potatoes delivered to CCC or on the basis of "loss in the quality of the potatoes not resulting from the borrower's fault or negligence" and would have been made at full September 1946 support prices.

The Secretary of Agriculture states further:

We do not know the causes of the delay in obtaining the appointment as administratrix. If that delay was due to causes beyond Mrs. Sodergren's control, it appears to us that this bill has merit.

A letter from Mr. W. P. Hamilton, of Caribou, Maine, dated May 25, 1949, submitted to the committee a postal card from the probate office, dated May 19, 1949, which reads:

Re: Estate of Elmo Sodergren.

DEAR SIR: The petition for administration was filed on the 20th day of November 1946. The decree was granted on that same day appointing Bernice Sodergren, administratrix

Notice of appointment was ordered to be published on the 29th day of September 1947. the first publication being October 1, 1947.

Mr. Hamilton, in his letter addressed to Hon. Frank Fellows, Member of Congress, reads:

I am enclosing a statement obtained by request from the registrar of the probate court. This does not tell the whole story. After court November 20, 1946, no publication was made and as the publications were in the Fort Fairfield Review this lack of publication was not brought to my attention until the December 1946 term of court, when not receiving notice of the amount of the bond, I inquired of the court and found that the petition had not gone to notice because there was some question as to the qualification of the appraiser. This threw the appointment beyond January 15. 1947 The appraiser suggested was an interested party in the estate and a new appraiser had to be designated. This could have been done on November 20, 1946. had it been brought to my attention. Of course. Mrs Sodergren (Hedman) was not aware of the cause of this delay.

Therefore, your committee recommends favorable consideration to the bill.

Hon. EMANUEL CELLER,

Chairman. Committee of the Judiciary,

DEPARTMENT OF AGRICULTURE,
Washington 25, D. C., July 25, 1949.

House of Representatives.

DEAR MR. CELLER: This is in reply to your letter of May 9, 1949, requesting a report on H. R. 4556, a bill for the relief of the estate of Elmo Sodergren. The 1946 Irish potato price support program provided that price support on late-crop potatoes would be available only on potatoes placed under CCC loans In certain areas including Maine, the production of potatoes so exceeded available permanent storage that "special" loans were authorized for potatoes in temporary storage. The loan rates on special loans were approximately 50 percent of the September 1946 support price, but the loan agreement provided that settlement would be made with the borrower at full September 1946 support prices for potatoes delivered to CCC and that any loss in the quality of the potatoes not resulting from his fault or negligence would be borne by CCC

Dece

had

d

Mr. Elmo Sodergren, of Stockholm, Maine, applied for a special potato loan on September 30, 1946. Loan serial No. 11-002-273-S was assigned to this application: the potatoes were inspected and approved for loan; and documents for a loan in the amount of $331.60 were prepared for Mr. Sodergren's signature. Mr. Sodergren died within a short time following the completion of the loan documents. and the documents were not signed by him

Shortly after the death of Mr Sodergren. his widow contacted our county office in Presque Isle, Maine, and wanted to complete the loan by signing the necessary papers. She was informed the loan could not be completed until she had secured her appointment as the administratrix of the estate and had secured permission from the judge of probate to make the loan and that the ast date for disbursing oans was January 15. 1947 The appointment as administratrix was not secured by Mrs. Sodergren prior to the final date for disbursing loans, January 15, 1947, and it is our understanding that she did not secure her appointment until August 1947

The potatoes would have been under loan and the borrower would have been due a settlement under the potato price-support program if Mr. Sodergren had signed the documents prior to his death or if Mrs. Sodergren could have secured her appointment as administratrix and signed the papers prior to January 15, 1947. Considering the fact that over 5,000,000 hundredweight of 1946 crop potatoes were placed under special loans in Maine and many of these potatoes were frozen before CCC could find an outlet for them, it is reasonable to assume that any such settlement would have been either on the basis of potatoes delivered to CCC or on the basis of "loss in the quality of the potatoes not resulting from the borrower's fault or negligence" and would have been made at full September 1946 support prices. Such settlement would have been calculated as follows:

Of this amount, $331.60 would have been disbursed to the borrower at the time the loan documents were approved, and the balance would have been approved for payment to the borrower after it was found that the potatoes had frozen.

We do not know the causes of the delay in obtaining the appointment as administratrix. If that delay was due to causes beyond Mrs. Sodergren's control, it appears to us that this bill has merit.

The Bureau of the Budget advises that, from the standpoint of the program of the President, there is no objection to the submission of this report.

Sincerely,

CHARLES F. BRANNAN, Secretary.

MAY 19, 1949.

Re estate of Elmo Sodergren. H. R. 4556.

DEAR SIR: The petition for administration was filed on the 20th day of November 1946. The decree was granted on that same day appointing Bernice Sodergren, administratrix.

Notice of appointment was ordered to be published on the 29th day of September 1947, the first publication being October 1, 1947.

Very truly yours,

A. CRAWFORD, Probate Office

CARIBOU, MAINE, May 25, 1949.

In re Elmo Sodergren.

Hon. FRANK FELLOWS,
Representative to Congress,

Washington, D. C.

MY DEAR CONGRESSMAN: I am enclosing a statement obtained by request from the registrar of the probate court. This does not tell the whole story. After court November 20, 1946, no publication was made and as the publications were in the Fort Fairfield Review this lack of publication was not brought to my attention until the December 1946 term of court. when not receiving notice of the amount of the bond, I inquired of the court and found that the petition had not gone to notice because there was some question as to the qualification of the appraiser. This threw the appointment beyond January 15, 1947 The appraiser suggested was an interested party in the estate and a new appraiser had to be designated. This could have been done on November 20, 1946. had it been brought to my attention. Of course, Mrs. Sodergren (Hedman) was not aware

of the cause of this delay. Yours truly.

O

W. P. HAMILTON.

MAX SCHLEDERER

August 9, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. BYRNE of New York, from the Committee on the Judiciary. submitted the following

REPORT

(To accompany H. R. 5353]

The Committee on the Judiciary to whom was referred the bil (H. R. 5353) for the relief of Max Schlederer, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to relieve Max Schlederer Arlight, Calif., of all liability to refund to the United States amounts paid to him for services as postmaster at the Concepcion (Calif.) post office, during the period when he was not eligible to receive compensation from funds appropriated for the Post Office Department because the combined amount of his salary as postmaster and his salary as an employee of the United States Coast Guard at the Point Concepcion Light Station exceeded the sum of $2,000 per annum. Any amounts heretofore credited to him or refunded to the United States by him on account of such unauthorized payment to him shall be repaid to him out of any money available for the payment of postmasters' salaries. In the audit and settlement of the accounts of any disbursing officer of the United States the payment of such amounts for services as postmaster shall be considered to have been authorized.

STATEMENT OF FACTS

It appears that Mr. Schlederer assumed charge of the Concepcion post office as acting postmaster on March 21, 1935, and was appointed regular postmaster on June 4, 1935. Simultaneously, while serving as postmaster, Mr. Schlederer was carried on the rolls of the United States Coast Guard as lighthouse keeper, and received pay for both positions. He submitted his resignation as postmaster effective July 31, 1944. Beginning with the fiscal year 1942, and until the date of his resignation as postmaster, the combined salaries paid to

Mr. Schlederer as postmaster and as lighthouse keeper, exceeded the sum of $2,000 per annum.

Prior to July 1, 1945, postmaster at fourth-class offices were not paid on a regular salary basis, but received compensation on the basis of the face value of stamps canceled at each office. It was not considered that this compensation constituted salary within the meaning of 5 U. S. C. 58. However, in a decision of January 30, 1945, the Comptroller General ruled that the commissions paid to Mr. Schlederer as postmaster at Concepcion constituted "salary" within the meaning of the dual compensation statute, and charged Mr. Schlederer's account in the sum of $1,779.17.

The Postmaster General in his report stated that inasmuch as Mr. Schlederer performed his duties as postmaster and earned the money which he was paid, it is believed that H. R. 3310 (now H. R. 5353) is meritorious. Accordingly, the Post Office Department favors the enactment of this proposed legislation.

In a letter dated July 1, 1949, addressed to the Honorable William T. Byrne, chairman of the Subcommittee on Claims, from the Honorable Ernest K. Bramblett, Member of Congress from the Eleventh District of California, the history of this claim is given and, after careful consideration, your committee is of the opinion that it is meritorious and that Mr. Schlederer should be relieved of the liability to refund this dual salary and, therefore, recommends favorable consideration to the bill.

Hon. EARL C. MICHENER,

OFFICE OF THE POSTMASTER GENERAL,
Washington 25, D. C., July 8, 1947.

Chairman, Committee on the Judiciary,

House of Representatives, Washington 25, D. C.

DEAR CONGRESSMAN: Reference is made to your request for a report upon H. R. 3310, a bill for the relief of Max Schlederer.

The purpose of this measure is to relieve Mr. Schlederer of liability to refund to the United States the amount paid to him for services as postmaster at the Concepcion, Calif., post office, during the period when the combined amount of his salary as postmaster and his salary as an employee of the United States Coast Guard at the Point Concepcion Light Station exceeded the $2,000 per annum. Section 58, title 5, United States Code, provides:

"Unless otherwise specifically authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum. (R. S. § 1763; May 10. 1916. c. 117. § 6. 39 Stat. 120 Aug. 29. 1916. c. 417, 39 Stat. 582.)"

Mr. Schlederer assumed charge of the Concepcion post office as acting postmaster on March 21, 1935, and was appointed regular postmaster on June 4, 1935. Simultaneously, while serving as postmaster, Mr Schlederer was carried on the rolls of the United States Coast Guard as a lighthouse keeper, and received pay for both positions. He submitted his resignation as postmaster effective July 31, 1944 Beginning with the fiscal year 1942, and until the date of his resignation as postmaster, the combined salaries paid to Mr. Schlederer as postmaster and as lighthouse keeper, exceeded the sum of $2,000 per annum.

Prior to July 1, 1945. postmasters at fourth-class offices were not paid on a regular salary basis, but received compensation on the basis of the face value of stamps cancelled at each office. It was not considered that this compensation constituted salary within the meaning of 5 United States Code 58 However, in a decision of January 30, 1945, the Comptroller General ruled that the commissions paid to Mr. Schlederer as postmaster at Concepcion constituted "salary" within the meaning of the dual compensation statute, and charged Mr. Schlederer's account in the sum of $1,779.17.