JUNE 7 (legislative day, JUNE 1), 1948.-Ordered to be printed

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

following

REPORT

[To accompany S. Res. 252]

The Committee on the Judiciary, to whom was referred the bill (S. 890) for the relief of Mr. and Mrs. Lem Motlow, having considered the same, do hereby report the original resolution (S. Res. 252) referring the bill S. 890, with the accompanying papers to the Court of Claims in pursuance of section 151 of the Judicial Code (28 U. S. C., sec. 257), for such action as the court may take in accordance therewith,

Under the cited provision of the United States Code, either House of Congress may, by simple resolution, send a bill to the Court of Claims. This is a procedure devised and authorized by the Congress for the purpose of relieving a portion of the burden imposed upon Congress by private claims bills and at the same time securing authoritative findings with respect to both facts and law.

The opportunity provided by section 257 of title 28 of the United States Code has been relatively little used. The Committee on the Judiciary have adopted a policy under which, whenever there shall be referred to the committee a bill providing for the payment of a claim against the United States based on either tort or contract, the committee may report to the Senate an original resolution referring such claim to the Court of Claims pursuant to the provisions of 28 United States Code, section 257. This resolution is in accordance with such policy of the committee.

80TH CONGRESS 2d Session

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SENATE

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REPORT No. 1510

PAYMENT OF FEES, EXPENSES, AND COSTS OF JURORS

JUNE 7 (legislative day, JUNE 1), 1948.-Ordered to be printed

Mr. WILEY, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany S. 19]

The Committee on the Judiciary, to whom was referred the bill (S. 19) relating to the payment of fees, expenses, and costs of jurors, having considered the same, do now report the bill to the Senate favorably, with amendments, and recommend that the bill as amended do pass.

AMENDMENTS

1. On page 2, line 1, strike out "Hawaii, Puerto Rico,".

2. On page 2, line 4, after "Columbia," insert "the United States District Court for the Territory of Hawaii, and the District Court of the United States for Puerto Rico,".

3. On page 2, line 10, strike out "$4" and insert "$5".

STATEMENT

This is one of a series of bills relating to improvements in the Federal jury system that has been recommended by the Conference of Senior Circuit Judges. Following these suggestions your committee, after careful study, has previously reported S. 18 which provides for the service of women on all Federal juries. Your committee believe that this bill is another step in the proper selection of jurors, a subject of paramount importance to the entire Nation. This is emphasized by the fact that it had been thought necessary to provide specific guaranties in the United States Constitution and in the constitutions of the several States for the purpose of insuring fair trials to all citizens. Care in obtaining representative and democratic juries, consisting of members drawn from all cross sections in order that their verdicts may represent the combined judgments and points of view of citizens of integrity and average intelligence, is essential to prevent verdicts based on class distinctions or political bias.

O

JUNE 7 (legislative day, JUNE 1), 1948.-Ordered to be printed

Mr. WILEY, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany S. 850]

The Committee on the Judiciary, to whom was referred the bill (S. 850) to provide for the care and custody of insane persons charged with or convicted of offenses against the United States, and for other purposes, having considered the same do now report the bill to the Senate favorably, with amendments, and recommend that the bill as amended do pass.

AMENDMENTS

1. On page 1, line 7, after the word "whenever" insert "after arrest and".

2. On page 2, line 17, after the word "upon" insert the word "due". 3. On page 2, at the end of line 25, add the following sentence:

A finding by the judge that the accused is mentally competent to stand trial shall in no way prejudice the accused in a plea of insanity as a defense to the crime charged; such finding shall not be introduced in evidence on that issue nor otherwise be brought to the notice of the jury.

4. On page 6, line 15, beginning with "SEC. 2." strike out all down. to the period.

The purpose of the amendments is to give adequate assurance to an accused person that his right to plead insanity will be protected.

STATEMENT

This bill is the result of a careful study given to this problem by a committee of the senior circuit judges working in close cooperation with representatives of the Department of Justice for a number of years. It is designed to solve numerous difficulties which have arisen in the manner of dealing with delinquents suffering from mental disorders.