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PRESUMPTION OF DEATH Under section 312 (b) of the World War adjusted compensation act, as amended by the act of May 29, 1928 (45 Stat. 948), the dependent is permitted to rely on a presumption of death arising out of a continued and unexplained absence of the veteran for seven years or more if such period began before January 3, 1930. It is provided, however, that the dependent relying on such presumption must make and file application before the date of the expiration of such 7-year period.” The obvious intent of this provision was to prevent applications being made and filed which were based on a 7-year period that would not be completed at the latest by January 2, 1937, so that on the closing date for applications (January 2, 1930) it would be definitely known how many applications of this nature would have to be passed upon.
However, in effecting this result, provision was not made for those cases where the veteran had already been missing seven or more years on May 29, 1928, the date of the amendatory act. Section 3 of the bill corrects that situation by permitting the dependent to file at any time before January 2 1935. The section further provides that the dependents of a veteran, if the veteran disappears on or before January 2, 1935, may not only file during the running of the 7-year period but also during a period of one year after the 7-year period has expired. The latest possible date for filing an application under this section would be on January 2, 1943.
VALIDATION OF CERTAIN UNSIGNED APPLICATIONS
In a few cases certification has been inadvertently made to the United States Veterans’ Bureau of an application not having a signature or on which the signature is later established not to be that of the veteran, but bearing genuine fingerprints of the veteran, and the bureau has issued an adjusted-service certificate thereon. The purpose of section 5 of the bill is to validate the certification originally made and the adjusted-service certificate issued thereon. It has no reference to cases hereafter certified and it will be noted only applies to applications bearing genuine fingerprints of a veteran now deceased. As fingerprints may be obtained after death, the executive departments concerned feel that the section should not cover future cases and that the requirement of a bona fide signature, as hitherto, should be continued.
CHANGES IN LAW SHOWN In compliance with paragraph 2a of Rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows: Existing law proposed to be omitted is inclosed in black brackets; new matter is printed in italics; existing law in which no change is proposed is shown in roman.
(b) Such application shall be made and filed on or before [January 2, 1930] January 2, 1935, (1) personally by the veteran, or (2) in case physical or mental incapacity prevents the making or filing of a personal application, then by such representative of the veteran and in such manner as may be by regulations prescribed. An application made by a person other than the representative authorized by any such regulation, or not filed on or before [January 2, 1930] January 2, 1935, shall be held void. If the veteran dies after the application is made and before it is filed it may be filed by any person: Provided, however, That if the veteran died between May 19, 1924, and July 1, 1924, without making the application, leaving a widow surviving him, the application may be made by the widow and shall be valid with the same force and effect in every respect as if the application had been made by the veteran.
(c) If the veteran dies after the application is made, it shall be valid if the Secretary of War or the Secretary of the Navy, as the case may be, finds that it bears the bona fide signature of the applicant, discloses an intention to claim the benefits of this act on behalf of the veteran, and is filed on or before [January 2, 1930] January 2, 1935, whether or not the veteran is alive at the time it is filed. If the veteran dies and payments are made to his dependents under Title VI, and thereafter a valid application is filed under this section, then if the adjusted service credit of the veteran is more than $50, payment shall be made in accordance with Title V. less any amounts already paid under Title VI.
Sec. 311. Where the records of the War Department or the Navy Department show that an application, disclosing an intention to claim the benefits of * Prood of this act, has been filed on or before [January 2, 1930] January A wind the application can not be found, such application shall be pre
in the absence of affirmative evidence to the contrary, to have been Talled when originally tiled. In such case the Secretary of War or the Secretary w the lary His the case may be, shall not be required to transmit to the director the application (as provided in sections 303 and 605) unless a new application is filed, in which case the new application shall be considered to have been filed on the date of filing of the lost application.
Sa 312. W
in It in the case of any such individual who is a veteran it appears that his application was not made and filed prior to the beginning of such seven-year period, or that although entitled to receive adjusted service pay he did not recone it prior to the beginning of such seven-year period, then (if such sevenyear period began on or before January 2, 1935) his dependents who have made and tiled application before the [date of the] expiration of one year after the date of the ar piration of such seven-year period [(if such period began before January 3, 1930)) or on or before January 2, 1935, whichever is the later date, shall be entitled to receive the amount of his adjusted service credit in accordance with the provisions of Title VI.
Sec. 602. (a) No payment under section 601 shall be made to a widow if she has remarried before making and filing application, or if at the time of the death of the veteran was living apart from him by reason of her own willful act; nor unless dependent at the time of the death of the veteran or at any time thereafter and (before January 3, 1930] on or before January 2, 1935. The Widow shall be presumed to have been dependent at the time of the death of the veterın upon a showing of the marital cohabitation.
(0) Payment under section 601 shall be made to a child if (1) under eighteen years of age at the time of the death of the veteran, or (2) at any time thereafter and [before January 3, 1930,] on or before January 2, 1935, incapable of selfsupport by reason of mental or physical defect.
(C) No payment under section 601 shall be made to a mother or father unless dependent at the time of the death of the veteran or at any time thereafter and [before January 3, 1930, ] on or before January 2, 1935. If at the time of the death of the veteran or at any time thereafter and (before January 3, 1930,] on or before January 2, 1935, the mother is unmarried or over sixty years of age, or the father is over sixty years of age, such mother or father, respectively, shall be presumed to be dependent.
SEC. 604. *
(b) Applications for such benefits, whether vested or contingent, shall be made and filed by the dependents of the veteran or or before [January 2, 1930, ) January %, 1935; except that in the case of the death of the veteran during the six months immediately preceding such date the application shall be made and filed at any time within six months after the death of the veteran. Payments under this title shall be made only to dependents who have made and filed application in accordance with the provisions of this subdivision.
REPORT No. 735
IMMEDIATE APPROPRIATION FOR SETTLEMENT OF
WAR CLAIMS ACT OF 1928
May 26 (calendar day, May 27), 1930.-Ordered to be printed
Mr. Smoot, from the Committee on Finance, submitted the following
[To accompany H. J. Res. 328)
The Committee on Finance, to whom was referred the joint resolution (H. J. Res. 328) authorizing the immediate appropriation of certain amounts authorized to be appropriated by the settlement of war claims act of 1928, having had the same under consideration report it back to the Senate without amendment, and recommend that the resolution do pass.
Following is a copy of the House report on the resolution:
House Report No. 1427, Seventy-first Congress, second session The Committee on Ways and Means, to whom was referred the resolution (H. J. Res. 328) authorizing the immediate appropriation of certain amounts authorized to be appropriated by the settlement of war claims act of 1928, having had the same under consideration, report it back to the House without amendment, and recommend that the resolution do pass.
The purpose of the proposed legislation is to authorize the immediate appropriation of the balance of the funds necessary to pay the awards of the arbiter under section 3 of the settlement of war claims act of 1928 (such appropriation not to be available until the awards are certified to the Secretary of the Treasury), in order to save to the Government the interest which would accrue to the claimants should these funds be not available at the time the awards are certified.
Subsection (p) of section 3 of the settlement of war claims act of 1928 is as follows:
“(p) There is hereby authorized to be appropriated, to be immediately available and to remain available until expended, the sum of $50,000,000, and, after the date on which the awards of the arbiter under this section are certified to the Secretary of the Treasury, such additional amounts, as when added to the amounts previously appropriated, will be equivalent to the aggregate amount of such awards plus the amounts necessary for the expenditures authorized by subsections (c) and (m) of this section (expenses of administration), except that the aggregate of such appropriations shall not exceed $100,000,000.”
The $50,000,000 above referred to in subsection (p) has already been appropriated, but a strict interpretation of the subsection indicates that the remaining amounts could not be appropriated until after the awards have been certified to the Secretary of the Treasury.
No interest problem could arise if the total amount of the awards equaled or exceeded the $100,000,000 limitation fixed by the act. It is probable, however, that the awards will be less than the maximum and will be certified by the arbiter to the Secretary of the Treasury by September or October of this year. Under these circumstances only a portion of the awards could be paid from the existing appropriation and the remainder would have to await action by Congress, drawing 5 per cent interest in the meantime.
Should these additional amounts total as much as $40,000,000, interest would accrue thereon at the rate of approximately $160,000 per month, and it is possible that $1,000,000 or more in interest might accrue before Congress could act.
Your committee considers this resolution an emergency matter, effecting economy in government, and unanimously recommends its adoption.
May 26 (calendar day, May 27), 1930.-Ordered to be printed
Mr. CAPPER, from the Committee on the District of Columbia, sub
mitted the following
[To accompany S. 3344)
The Committee on the District of Columbia, to whom was referred the bill (S. 3344) supplementing the national prohibition act for the District of Columbia, having considered the same, reports favorably thereon, with the recommendation that the bill do pass, with the following amendments:
On page 2, line 5, before the word "public", strike out the word “or”, and in the same line, after the word "public", strike out the words “or private".
On page 2, line 10, strike out the word “or” at the end of the line, and in line 11, after the word "public", strike out the words "or private".
On page 6, line 1, after the word "thereto”, strike out the word "or" and insert "for purpose of sale, or is unlawfully"
On page 6, line 12, beginning with the word "under", strike out the language down to and including the word "warrant” in line 14.
On page 6, line 15, strike out the words “such liquor" and insert, in lieu thereof, the word "it".
On page 7, line 10, after the word "court", strike out the period and insert a colon and the following: And provided further, That in the event that the court should order a sale of the vehicle, and it shall sell for a sum less than the value thereof, as such value was estimated in fixing the penalty of the bond, the owner will pay the difference between such value and the proceeds of such sale, plus any lien against the vehicle, together with the expense and cost of the sale. If the vehicle so released on bond is not surrendered to the custody of the court at the hearing or trial for the forfeiture thereof, the bond shall be declared forfeited and the court shall thereupon issue an order directed to the principal and sureties therein to show cause why a judgment should not be entered against them for the penalty therein specified.