of the papers published in the nearest place thereto [.for which advertising a sum not exceeding $5 shall be paid]. And the amount of such sales, deducting all proper charges, shall be paid within ten days after such sale by the person selling the same to the clerk or other proper officer of the court directing such sale, to be by him, after deducting the charges allowed by the court, paid to the collector of the district in which such seizure or forfeiture has taken place, as hereinbefore directed." O Mr. WATERMAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 5262] The Committee on the Judiciary, having had under consideration the bill (H. R. 5262), to amend section 829 of the Revised Statutes relative to the expense of keeping boats, vessels, or other property attached or libeled in admiralty, reports the same to the Senate without amendment and recommends that the bill do pass. The purpose of this legislation is shown by the following excerpt from the House report on this measure: This bill is identical with the bill H. R. 12250, which was favorably reported by this committee in the closing hours of the Seventieth Congress. The bill has been again recommended by the Attorney General and there is printed herewith and made a part of this report the Report No. 1499 of the Seventieth Congress which explains the necessity for the enactment of this legislation. The report is as follows: "The Committee on the Judiciary to whom was referred the bill H. R. 12250, after consideration, reports the same favorably and recommends that the bill do pass. "This bill merely gives the court power to fix the marshal's fee and expenses for keeping boats, vessels, or other property attached or libeled in admiralty. "The present statute provides that the marshall shall receive $2.50 per day, which is wholly inadequate in many instances. "The bill is recommended by the Attorney General, and there is printed herewith and made a part of this report a copy of his communication addressed to this committee." Hon. GEORGE 8. GRAHAM, DEPARTMENT OF JUSTICE, OFFICE OF THE ATTORNEY GENERAL, Chairman Committee on the Judiciary, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: I inclose herewith a draft of a proposed bill to amend section 574 of title 28 United States Code, together with a copy of an office memorandum which explains the need of such legislation. I am informed by the Director of the Bureau of the Budget that the legislation proposed is not in conflict with the financial program of the President. It will be appreciated if you will introduce the bill and lend your support to its enactment. Respectfully, JNO. G. SARGENT, Attorney General. Memorandum for Assistant Attorney General Marshall. I beg to submit herewith a draft of a proposed bill to enact into permanent law, a proviso which has been carried each year commencing with the fiscal year 1919, in the appropriation "Salaries, fees, and expenses of marshals, United States courts." This proviso was stricken out on a point of order when the appropriation bill for the fiscal year 1929 was under consideration in the House of Representatives. It was reinserted in the Senate, but the suggestion was made that we should seek permanent legislation. Section 574, title 28, United States Code, which is taken from section 829 Revised Statutes, relating to marshal's fees and expenses, contains a paragraph: "For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding $2.50 per day." It was found that $2.50 per day was not sufficient to pay the necessary expenses in these cases, and, as stated above, a proviso has been carried into the annual appropriation acts allowing such amount as the court, on petition setting forth the facts under oath, may allow. In view of the above, I suggest that the proposed bill, attached hereto, be submitted to the Congress. Respectfully, J. W. GARDNER, General Agent. There follows a statement showing changes made in the old law in accordance with the rule, the part omitted being shown in brackets and the new language in italic. "For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, [not exceeding $2.50 a day,1 such amount as the court, on petition setting forth the facts under oath, may allow.” Mr. WATERMAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 5266] The Committee on the Judiciary, having had under consideration the bill (H. R. 5266) to amend section 649 of the Revised Statutes, relative to waiver of juries in civil cases, reports the same to the Senate without amendment and recommends that the bill do pass. The changes sought to be accomplished by this legislation are shown by the following excerpt from the House report on this measure: This bill is recommended by the Attorney General. In his communication to the chairman of the Judiciary Committee under date of October 19, 1929, recommending the enactment of the law and explaining the necessity and purposes of the bill, the Attorney General says: "As the law now stands, if the stipulation waiving a jury is written, then on appeal the findings of the court may be examined to determine whether they support the judgment, whereas if the stipulation is oral, made in open court and entered in the record, on appeal the findings can not be considered for any purpose and the record is treated as if there were merely a general finding. I know of no practical reason for the distinction. It is a technical one and should be abolished." In compliance with the rule there follows a statement of the law showing the language omitted in brackets and the new language in italics: "SEC. 649. Issues of fact in civil cases in any district court may be tried and determined by the court, without the intervention of a jury, whenever the parties or their attorneys of record [file with the clerk] agree to waive a jury by a stipulation in writing [waiving a jury.] filed with the clerk or by an oral stipulation made in open court and entered in the record. The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury." O |