time did either of the left wheels nor any other part or portion of the car of said John Deiman extend to the left or southerly side of the inner rail of the westbound streetcar tracks. That at no time did the automobile of said John Deiman nor any part thereof extend to the left or southerly side of the center line of said West Seventh Street. That at all times up to and including the time of the happening of said collision and accident, the automobile of said John Deiman was wholly on its own right side or the northerly half of said West Seventh Street. Further affiant saith not.

ROSEL MARIE CIMMARUSTI.

Subscribed and sworn to before me this 8th day of March 1948. [SEAL]

EARL J. KING,

Notary Public, Los Angeles County, Calif.

My commission expires July 4, 1950.

O

80TH CONGRESS 2d Session

}

SENATE

REPORT No. 1549

CONFERRING JURISDICTION UPON THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF GEORGIA TO HEAR, DETERMINE, AND RENDER JUDGMENT ON THE CLAIMS OF THE OWNERS IN FEE SIMPLE OF THE LAND LEASED TO THE UNITED STATES BY THE CITY OF MACON, GA., FOR USE AS A PART OF THE SITE OF CAMP WHEELER, GA.

JUNE 8 (legislative day, JUNE 1), 1948.—Ordered to be printed

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

REPORT

To accompany H. R. 4663]

The Committee on the Judiciary, to whom was referred the bill (H. R. 4663) to confer jurisdiction upon the District Court of the United States for the Middle District of Georgia to hear, determine, and render judgment on the claims of the owners in fee simple of the land leased to the United States by the city of Macon, Ga., for use as a part of the site of Camp Wheeler, Ga., having considered the same, do now report the bill to the Senate favorably, with amendments, and recommend that the bill do pass.

AMENDMENTS

On page 1, line 3, strike out all through line 11, page 2. and insert in lieu thereof, the following:

That jurisdiction is hereby conferred upon the District Court of the United States for the Middle District of Georgia to hear, determine, and render monetary judgment upon the several claims (1) of the city of Macon with respect to lands owned by the city and leased by the said city to the United States for use by the Army as a part of the site of Camp Wheeler, Georgia, for damages for the breach, if any, of its leases to the United States and (2) of the owners in fee simple and the owners of leasehold interests, except the city of Macon, in and to lands leased by them to the city of Macon, Georgia and subleased by the city to the United States for such use. In the determination of the claims of the owners of the fee simple titles and of leasehold interests in lands leased by them to the city of Macon and subleased by said city to the United States, the damages allowed, if any, shall be limited to the amounts to which such owners would have been entitled under the terms and provisions of their leases to the city of Macon: Provided, That claims of fee owners and leasehold owners, excepting the city of Macon, relating to the same property shall be joined in one action and the amount of damages

allowed, if any, shall not exceed the amount that could have been recovered had all the interests in such property been vested in one party. The claims of the city of Macon with respect to lands owned by it shall be determined under the terms and provisions of its leases of such lands to the United States. This Act shall be construed to waive the lack of privity of contract between the United states and the said fee owners or between the United States and the said leasehold owners; to waive the requirement of such leases to the city of Macon of notice by the lessors to the city in order for claims of restoration to be asserted, and to waive the immunity from suit of the United States in favor of the parties and with respect to the claims described in this Act, but not otherwise to affect any rights of the parties.

Amend the title to read:

An Act to confer jurisdiction upon the District Court of the United States for the Middle District of Georgia to hear, determine, and render judgment on the claims of the owners of the fee simple titles and leasehold interests in lands leased to the United States by the city of Macon, Georgia, for use as a part of the site of Camp Wheeler, Georgia.

STATEMENT

Attached hereto and made a part of this report are extracts from the House report which set forth in detail the facts in this case.

In 1940, in order to insure that a large military reservation would be located in its immediate vicinity, the city of Macon, Ga., leased approximately 2,336 acres of land in Bibb County, Ga., from the owners thereof, the leases calling for the payment of substantial rentals by the city. On October 25, 1940, this land was subleased to the United States by the city of Macon at a rental of $1 per annum for a term beginning November 1, 1940, and ending June 30, 1941, but renewable from year to year for a period terminating on June 30, 1966. This lease also provided for the acquisition by the city, and the inclusion under the lease, of additional tracts approximating 8,400 acres.

The Secretary of the Army in his report dated April 21, 1948, states: "While this Department ordinarily would not favor the enactment of legislation conferring jurisdiction on the courts to hear and determine claims against the United States made by persons who are not in privity with the United States, it is believed that the circumstances present in this case justify a judicial determination as to the proper measure and amount of damages, if any, to which the real parties in interest, the owners in fee simple of the leased lands, are entitled. However, there does not appear to be any reason why such a determination should be made in an action which is based upon the fictitious assumption that the city of Macon is 'the owner in fee of the properties and facilities leased.' It is believed that the interests of justice would be best served if the real owners of the claims were the parties plaintiff. Accordingly, the Department would have no objection to the enactment of this bill if it should be amended."

Therefore, the bill has been amended to conform with the recommendation of the Secretary of the Army, and your committee recommends favorable consideration to the bill as amended.

Hon. EARL C. MICHENER,

Chairman, Committee on the Judiciary,

DEPARTMENT OF THE ARMY,
Washington, D. C., April 21, 1948.

House of Representatives.

DEAR MR. MICHENER: The Department of the Army would have no objection to the enactment of H. R. 4663, Eightieth Congress, a bill conferring jurisdiction on the United States District Court for the Middle District of Georgia to hear, determine, and render monetary judgment upon the claims of the city of Macon, Ga., if it should be amended as hereinafter recommended.

This bill provides as follows:

"That jurisdiction is hereby conferred upon the United States District Court for the Middle District of Georgia to hear, determine, and render monetary judgment upon any claims of the city of Macon, Georgia, against the United States arising out of the alleged breach of obligations assumed by the United States with respect to properties and facilities leased to the United States by the city of Macon for use as the site of Camp Wheeler, Georgia.

"SEC. 2. In the determination of such claims the United States shall be held liable for damages, and for any acts committed by any of its officers or employees, to the same extent as if the United States were a private person and to the same extent as if the city were the owner in fee of the properties and facilities leased. This Act is intended to include all claims and permit recovery therefor by the city of Macon, for its own use and for the use of the owners of the property leased, irrespective of any lack of privity of contract between such property owners and the United States, where such properties were made available and used in the manner stated as a result of leases by the city of Macon to the United States either of properties in the city's ownership or of properties in its possession under leases to it by other property owners, it being intended hereby to provide reimbursement to all such property owners for damages proved.

"SEC. 3. Suit upon such claims may be instituted at any time within 2 years after the date of enactment of this Act, notwithstanding the lapse of time or any statute of limitations. Proceedings for the determination of such claims, and appeals from any payment of any judgment thereon, shall be in the same manner as in the case of claims over which such court has jurisdiction under the provisions of paragraph Twentieth of section 24 of the Judicial Code, as amended, but the $10,000 limit which is applicable in the case of claims over which such court has jurisdiction under the provisions of such paragraph Twentieth shall not be applicable in the determination of these claims.'

În 1940, in order to insure that a large military reservation would be located in its immediate vicinity, the city of Macon, Ga., leased approximately 2,336 acres of land in Bibb County, Ga., from the owners thereof, the leases calling for the payment of substantial rentals by the city. On October 25, 1940, this land was subleased to the United States by the city of Macon at a rental of $1 per annum for a term beginning November 1, 1940, and ending June 30, 1941, but renewable from year to year for a period terminating on June 30, 1966. This lease also provided for the acquisition by the city, and the inclusion under the lease, of additional tracts approximating 8,400 acres.

The leases from the owners to the city contained the following provision: "The lessee shall have the right, during the existence of this lease, to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the lessee, its transferees, assigns, or sublessees and may be removed therefrom by the owner prior to the termination of this lease, and the lessee, if required by the lessor, shall, before the expiration of this lease, as the same is subject to renewal, restore the premises to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the lessee has no control, excepted, and destruction of timber occasioned by or through range firing or through interference with the use to which it is intended this property is to be put, also excepted, and provided, however, that if the lessor requires such restoration, the lessor shall give written notice thereof to the lessee, 120 days before the termination of the lease, as the same is subject to renewal."

The lease from the city of Macon to the United States contained a substantially similar provision. However, the leases from the owners to the city contained the following additional provisions which have no equivalents in the lease from the city to the United States:

"Any and all claims for damages to the leased premises and under the terms hereof are determinable according to the value of said premises as of the date of this lease and no such damage shall be determined upon the basis of the appreciated value of said premises occasioned by the use of and/or development upon said property or surrounding properties by the lessee, successors, assigns, or sublessees.

"Lessor agrees that in the event such property is sublet to the United States Government of America, to assert any such claim for damage exclusively and solely against the United States of America, except that, if necessary from a legal standpoint, the lessee agrees to cooperate with the lessor in the presentation and assertion of such claim for damages."

On

The land in question became a part of the site of Camp Wheeler, Ga. January 19, 1946, Camp Wheeler was declared to be surplus to the needs of the War Department (now Department of the Army). Thereafter, the Department began negotiations for termination settlements with the owners of the land, the city having signified its willingness to accept, as final restoration settlements, whatever was agreed upon between the United States and the owners, it being