is located or upon the premises or some parcel thereof as the court rendering such order or decree of sale may direct: And provided further, That if at the time said property is offered for sale it is in the possession of a receiver or receivers, or ancillary receiver or ancillary receivers, appointed by one or more district courts of the United States, said property wherever situated shall be sold at public sale in the district of primary jurisdiction at the courthouse of the county, parish, or city situated therein in which the greater part of said property in said district is located or on the premises or some parcel thereof located in such county, parish, or city therein as the court having primary jurisdiction by such order or decree of sale may direct, unless said court shall order the sale of the properties or one or more parcels thereof in one or more ancillary districts. The United States court having primary jurisdiction shall be deemed to be the court first appointing any such receiver.

After a hearing of which notice to all interested parties shall be given by publication or otherwise as the court may direct, the court may order and decree the sale of such real estate or interest in land or any part thereof at private sale for cash or other considerations and upon such terms and conditions as the court directing the sale may approve, if it finds that the best interests of the estate will be conserved thereby: Provided, That before confirmation of any private sale, the court shall appoint three disinterested persons to appraise said property or, if the court deems advisable, different groups of three appraisers each to appraise properties of different classes or situate in different localities, and no private sale shall be confirmed at a price less than two-thirds of the appraised value: Provided further, That before confirmation of any private sale, the terms of such sale shall first be published in such newspaper or newspapers of general circulation as the court having jurisdiction may direct at least ten days before confirmation; and such private sale shall not then be confirmed by said court where a bona fide offer has been made, under such conditions as said court may prescribe, which offer shall guarantee at least a 10 per centum increase over the offered price specified in such private sale. The provisions of this section shall apply to sales and proceedings now pending in the courts of the United States as well as those commenced hereafter. The provisions of this section shall not apply to sales and proceedings under the Bankruptcy Act, or by receivers or conservators of banks, appointed by the Comptroller of the Currency.

"SEC. 2. All personal property sold under any order or decree of any court of the United States shall be sold as provided in Section 1 of this Act, unless in the opinion of the court rendering such order or decree, it would be best to sell it in some other manner. The provisions of this section shall apply to sales and proceedings now pending in the courts of the United States as well as those commenced hereafter. The provisions of this section shall not apply to sales and proceedings under the Bankruptcy Act, or by receivers or conservators of banks, appointed by the Comptroller of the Currency.

"SEC. 3. No sale of real estate ordered pursuant to the provisions of this Act by any order, judgment, or decree of any United States court, other than a private sale, shall be had without previous publication of notices of such proposed sale being ordered and had once a week for at least four weeks prior to such sale in at least one newspaper printed, regularly issued, and having a general circulation in the county, State, judicial district of the United States, or judicial circuit of the United States where the real estate proposed to be sold is situated, if such there be. If said property shall be situated in more than one county, State, judicial district of the United States, or judicial circuit of the United States, such notice shall be published in one or more of the counties, States, judicial districts of the United States, or judicial circuits of the United States where said property is situated, as the court may direct. Said notice shall be substantially in such form and contain such description of the property by reference or otherwise as the court ordering the sale shall approve. The court may, in its discretion, direct that the publication of the notice of sale herein provided for be made in such other newspapers as may seem proper. The provisions of this section shall apply to sales and proceedings now pending in the courts of the United States as well as those commenced hereafter in said courts. The provisions of this section shall not apply to sales and proceedings under the Bankruptcy Act, or by receivers or conservators of banks, appointed by the Comptroller of the Currency."

Approved, April 24, 1935.

AMEND SECTION 289 OF THE CRIMINAL CODE

MAY 27, 1935.-Referred to the House Calendar and ordered to be printed

Mr. MONTAGUE, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany S. J. Res. 42]

The Committee on the Judiciary, after consideration of S. J. Res. 42, to amend section 289 of the Criminal Code, report the same favorably to the House with the recommendation that the joint resolution do pass.

It has been the policy of Congress for more than a hundred years to make the local State and territorial criminal laws applicable to acts committed in areas or reservations over which the United States has exclusive sovereignty and which acts have not been made criminal otherwise by Federal law. The law at present adopts State statutes in force on June 1, 1933, for this purpose (Public Act No. 62, 73d Cong.). The resolution here reported brings the law up to date by adopting State laws in force on April 1, 1935. Congress has several times in the past found it necessary to substitute later dates in the statute in order to make the latest State laws applicable to offenses committed on Federal reservations. Congress cannot adopt future State laws, because that would be an unwarranted delegation of its powers to the State legislatures (Dobie, Federal Procedure, p. 50, U. S. v. Franklin, 216 U. S. 559).

The situation which makes further revision of the statute desirable at this time is a condition which has arisen at Fort Monroe Military Reservation where a hotel operating on the reservation under lease with the Secretary of War authorized by act of Congress is not conducting its business in accordance with the liquor laws of the State of Virginia. With reference to this matter, the Secretary of War addressed a letter to the Chairman of the Committee on Military Affairs in the Senate in which he said:

On the other hand, the War Department is of the opinion that in cases where military reservations or parts thereof, by reason of having been leased for long terms under congressional direction for purposes other than military, and have temporarily at least lost their military character, such reservations or parts thereof should not be permitted to become instrumentalities for the evasion of local laws,

H. Repts., 74-1, vol. 2-70

and it is believed that the interests of the United States and those of the State of Virginia in the premises can best be served by further amendment of section 289 of the Criminal Code (U. S. C., title 18, sec. 468; Sen. Rept. 542, 74th Cong.).

In compliance with clause 2a of rule XIII there is printed below existing law in roman, with matter proposed to be omitted in black brackets, and new matter proposed to be inserted in italics:

[PUBLIC-No. 62–73d CongRESS]

[H. R. 5091]

AN ACT To amend section 289 of the Criminal Code

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 289 of the Criminal Code (U. S. C., title 18, sec. 468) be, and it is hereby, amended to read as follows:

"SEC. 289. Whoever, within the territorial limits of any State, organized Territory, or District, but within or upon any of the places now existing or hereafter reserved or acquired, described in section 272 of the Criminal Code (U. S. C., title 18, sec. 451), shall do or omit the doing of any act or thing which is not made penal by any laws of Congress, but which if committed or omitted within the jurisdiction of the State, Territory, or District in which such place is situated, by the laws thereof in force on [June 1, 1933,] April 1, 1935, and remaining in force at the time of the doing or omitting the doing of such act or thing, would be penal, shall be deemed guilty of a like offense and be subject to a like punishment."

EXCLUDE AND DEPORT ALIENS WHO ARE FASCISTS OR COMMUNISTS

MAY 27, 1935.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. STARNES, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany H. R. 7120]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 7120) to provide for the exclusion and expulsion of alien Fascists and Communists, having considered the same, report it back to the House without amendment and recommend that the bill do pass.

This bill proposes to amend section 1 of the act approved October 16, 1918 (40 Stat. 1012), as amended by the act approved June 5, 1920 (41 Stat. 1008), both of which acts provide for the exclusion and expulsion of "aliens who are members of the anarchistic and similar classes." (See U. S. C., title 8, sec. 137.)

The amendments proposed by this bill serve to extend by legislative act the application of the provisions of section 137 of title 8 of the United States Code, so as to include alien Fascists, under either the present Fascisti school of thought, or the present Nazi school of thought, and to also include alien Communists under the present Soviet school of thought.

Section 1 of this act simply amends existing law, which now reads "aliens who are anarchists"; so that when amended it will read "aliens who are anarchists or Fascists or Communists."

Section 2 of this bill adds new legislation which is needed if section 1 is enacted. This new legislation proposes a definition of what aliens shall be considered, for exclusion and deportation purposes under this law, either Fascists or Communists.

The necessity for the enactment of this bill arises from the lack of definite legislative provision for the exclusion or deportation of Fascists or Communists, as such, under existing statutory law.

The act of October 16, 1918, as amended by the act of June 5, 1920, is the present basic act of Congress under which deportation proceed

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