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ORDER OF THE COURT RELATING TO THE DEATH OF JUDGE THOMAS S. WILLIAMS

MAY 6, 1940. It is with deep regret that the Court records the death, on April 5, 1940, of Judge Thomas S. Williams.

Judge Williams had been in ill health for more than a year but had continued his work with courage and fidelity until within a short time of his death.

Thomas S. Williams was born February 14, 1872, in Blair Township, Clay County, Illinois, the son of William Williams and Nancy Jane (Freeman) Williams, pioneer citizens of Clay County. He was educated at Austin College, Effingham, Illinois. On June 9, 1897, he was married to Mabel Simpson, of Charleston, Illinois, who survives him, with three children, Harold S. Williams, a practicing attorney of Tay. lorville, Illinois; and two daughters, Mrs. Ruth Hansen, of New Orleans, La., and Mrs. Alice Browne, of Falls Church, Va.

Admitted to the bar in 1896, he began the practice of law at Louisville, Illinois, and continued his practice until appointed to the bench. When a young man he served as city attorney and Mayor of Louisville, later as a member of the Illinois Legislature, and for two terms as State's Attorney of Clay County. He was first elected to Congress in 1914 from the 24th Illinois District and served continuously until November 11, 1929, when he was appointed by President Hoover to the United States Court of Claims. He had been reelected to Congress at the time of his appointment.

A lifelong Republican, Judge Williams had become one of the outstanding leaders of his party at the time of his appointment to the Court in 1929. He was the Chairman of the Illinois Delegation, the Illinois representative on the Committee on Committees of the House, third ranking member of the Committee on Agriculture, and a member of the all-powerful Rules Committee. When a vacancy occurred on the Court of Claims in the fall of 1929, President Hoover nominated Judge Williams for the place. He was unanimously confirmed by the Senate.

As a Judge of this Court his decisions were always distinguished for the clarity with which he stated his opinions and the broad knowledge of the law which they displayed.

XXI

LEGISLATION RELATING TO THE

COURT OF CLAIMS

[Public-No. 700—76th Congress]
(Chapter 501–3d Session)

(H. R. 10058]

AN ACT TO AMEND THE ACT RELATING TO PREVENTING THE PUBLICATION OF

INVENTIONS IN THE NATIONAL INTEREST, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Congress approved October 6, 1917 (40 Stat. 394, ch. 95, U. S. C., title 35, sec. 42), be amended to read as follows:

"Whenever the publication or disclosure of an invention by the granting of a patent might, in the opinion of the Commissioner of Patents, be detrimental to the public safety or defense he may order that the invention be kept secret and withhold the grant of a patent for such period or periods as in his opinion the national interest requires : Provided, That the invention disclosed in the application for said patent may be held abandoned upon it being established before or by the Commissioner that in violation of said order said invention has been published or disclosed or that an application for a patent therefor has been filed in a foreign country by the inventor or his assigns or legal representatives, without the consent or approval of the Commissioner of Patents.

"When an applicant whose patent is withheld as herein provided and who faithfully obeys the order of the Commissioner of Patents above referred to shall tender his invention to the Government of the United States for its use, he shall, if and when he ultimately receives a patent, have the right to sue for compensation in the Court of Claims, such right to compensation to begin from the date of the use of the invention by the Government: Provided, That the Secretary of War or the Secretary of the Navy or the chief officer of any established defense agency of the United States, as the case may be, is authorized to enter into an agreement with the said applicant in full settlement and compromise for the damage accruing to him by reason of the order of secrecy, and for the use of the invention by the Government."

SEO. 2. This Act shall take effect on approval and shall remain in force for a period of two years from such date. Approved, July 1, 1940.

XXII

[Private Resolution-No. 6—76th Congress]

[Chapter 584—3d Session)

[S. J. Res. 133]

JOINT RESOLUTION TO CONFER JURISDICTION ON THE COURT OF CLAIMS OR

THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA TO HEAR, DETERMINE, AND RENDER JUDGMENT UPON THE CLAIM OF MRS. J. W. MARKS, OF STEPHENS COUNTY, GEORGIA

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the Court of Claims or the District Court of the United States for the Northern District of Georgia to hear, determine, and render judgment upon the claim of Mrs. J. W. Marks to the property referred to and described in a deed by Melzinia Scott to Mrs. J. W. Marks dated June 24, 1925, and recorded in office of clerk, Superior Court of Stephens County, Georgia, June 24, 1925, in deed book numbered 16, page 28, and to hear, determine, and render judgment, if any, on any claim for damages that she may be found to have arising by virtue of the Government of the United States or any of its agents entering upon said property, taking possession thereof or in any way trespassing thereon, and award sufficient relief in the premises as under law and evidence may be shown. Such claim may be instituted at any time within two years after the passage of this joint resolution, notwithstanding the lapse of time, or any statute of limitations.

SEO. 2. Proceeding in any suit before the Court of Claims or in the District Court of the United States for the Northern District of Georgia under this joint resolution and appeals therefrom, and payment of any judgment thereon, shall be had as in any other case of which the Court of Claims or the District Court of the United States for the Northern District of Georgia might have jurisdiction.

Approved, July 11, 1940.

[Private-No. 54976th Congress)
(Chapter 709—30 Session]

[S. 927]

AN ACT TO CONFER JURISDICTION ON THE COURT OF CLAIMS TO HEAR, DE

TERMINE, AND RENDER JUDGMENT UPON THE CLAIM OF SUNCREST ORCHARDS, INCORPORATED

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the Court of Claims to hear, determine, and render judgment upon the claim of Suncrest Orchards, Incorporated, against the United States for damages for the alleged wrongful seizure of certain fruit shipped in interstate commerce during the year 1926. SEC. 2. Such claim may be instituted at any time within two years after the passage of this Act, notwithstanding the lapse of time or any statute of limitations. Proceedings in any suit before the Court of Claims under this Act, and appeals therefrom, and payment of any judgment thereon, shall be had as in the case of claims over which such court has jurisdiction under section 145 of the Judicial Code as amended.

Approved, September 4, 1940.

[Private No. 556—76th Congress]
(Chapter 731–30 Session]

(H. R. 4031]

AN ACT TO CONFER JURISDICTION ON THE COURT OF CLAIMS TO HEAR, DE

TERMINE, AND RENDER JUDGMENT UPON THE CLAIM OR CLAIMS OF THE RECORDING AND COMPUTING MACHINES COMPANY, OF DAYTON, OHIO

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the Court of Claims of the United States to hear, determine, and render judgment upon the claim or claims of the Recording and Computing Machines Company, of Dayton, Ohio, arising out of a series of transactions, contracts, and provisional adjustments between said Recording and Computing Machines Company, of Dayton, Ohio, and the War Department for the manufacture of ordnance materials, equipment, instruments, and so forth, between the years 1916 and 1920, inclusive, and suit on such claims shall be instituted within one year from the date of approval of this Act.

Approved, September 24, 1940.

(PRIVATE-No. 631-76TH CONGRESS]
[CHAPTER 873—3D SESSION]

[H. R. 5937]

AN ACT TO CONFER JURISDICTION ON THE COURT OF CLAIMS TO HEAR AND

DETERMINE THE CLAIM OF LAMBORN AND COMPANY

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Court of Claims of the United States be, and hereby is, given jurisdiction to hear and determine the claim, together with interest thereon, of Lamborn and Company against the United States for alleged loss and damage suffered by the said Lamborn and Company, and which arises out of certain transactions involving the purchase of two thousand tons of sugar in the Republic of Argentina on and between May 25, 1920, and June 15, 1920, and the importation of the said sugar into the United States, pursuant to the representations and requests of the Department of Justice of the United States ; and to enter such decree or judgment against the United States for such loss and damage as equity and justice shall require.

SEC. 2. In the proceedings upon such claim before the Court of Claims, the United States shall not avail itself of the defense that the Department of Justice of the United States acted without legal authority in making representations or requests or issuing directions or fixing restrictions with regard to the purchase, importation, or disposition of such sugar.

SEC. 3. Suit upon such claim may be instituted at any time within six months after the date of enactment of this Act, notwithstanding the lapse of time, laches, or any statute of limitations. Proceedings ' for the determination of such claim and appeals from, and payment of, any judgment thereon shall be in the same manner as in the case of claims over which such court has jurisdiction under section 145 of the Judicial Code, as amended.

Approved, October 14, 1940.

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