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SENATE

715T CONGRESS

2d Session

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REPORT No. 681

TO REPEAL SECTION 2253 OF THE COMPILED LAWS OF

ALASKA

May 19, 1930.-Ordered to be printed

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

the following

REPORT

(To accompany H. R. 5258)

The Committee on the Judiciary, having had under consideration the bill (H. R. 5258) to repeal the provision of the Alaskan laws permitting any defendant to secure a separate trial, reports the same to the Senate without amendment and recommends that the bill do pass.

An explanation of this legislation and reasons in support thereof are shown in the following excerpt from the House report on this measure:

Section 144, Title II, of the act of March 3, 1899, chapter 429 (sec. 2253 of the Compiled Laws of Alaska), which it is proposed to repeal by this bill, is as follows:

“That when two or more defendants are jointly indicted for a felony, any defendant requiring it must be tried separately; but in other cases defendants jointly indicted may be tried separately or jointly, in the discretion of the court."

With the repeal of this statute the general principles of the criminal law with reference to the right of defendants jointly indicted will apply to cases in Alaska. This will bring the practice in Alaska in harmony with that in our United States courts. (See Heike v. U. S., 227 U. S. 131, 144, and Raarup v. U. S., 23 Fed. (2d) 547, 548.)

The repeal suggested will do away with the delays, uncertainties, and expense involved in the present statute, and will not only bring about uniformity but will be in the interest of the general administration of justice.

The bill has the approval of the United States attorney for the first division of Alaska and of the Attorney General.

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

the following

REPORT

[To accompany H. R. 5259)

The Committee on the Judiciary, having had under consideration the bill (H. R. 5259) to amend section 939 of the Revised Statutes by removing the limit of the amount which may be paid for advertising the sale of vessels or other property condemned by law, reports the same to the Senate without amendment and recommends that the bill do pass.

The following excerpt from the House report on this measure shows the need for this legislation:

This bill was recommended for enactment by the Attorney General in a communication addressed to Hon. George S. Graham, chairman of the committee, on November 11, 1929. The only change made in the existing law is the elimination of the words "for which advertising, a sum not exceeding $5 shall be paid.” With the repeal of this language the Attorney General has advised the committee that he is of the opinion that the provisions of section 1 of the act of June 20, 1878 (sec. 322, title 446, U. S. Code), providing that all advertising shall be paid for at a price not exceeding commercial rates, will apply.

The provision in the statute limiting the amount to be paid to $5 was put in the statute when it was originally enacted over 100 years ago. The Department of Justice points out that it is obviously impossible to secure the number of insertions now required under existing practices in the various States for the sum of $5.

In accordance with the rule, there is printed below a copy of the statute showing the language eliminated in brackets:

“Sec. 939. All vessels, goods, wares, or merchandise which shall be condemned by virtue of any law respecting the revenue from imports or tonnage, or the registering and recording or the enrolling and licensing of vessels, and for which bonds shall not have been given by the claimant, shall be sold by the marshal or other proper officer of the court in which condemnation shall be had, to the highest bidder, at public auction, by order of such court, and at such place as the court may appoint, giving at least fifteen days' notice (except in cases of perishable merchandise) in one or more of the public newspapers of the place where such sale shall be; or if no paper is published in such place, in one or more 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."

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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 bili

"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."

do pass.

DEPARTMENT OF JUSTICE,
OFFICE OF THE ATTORNEY GENERAL,

Washington, D. C., March 10, 1928,
Hon. GEORGD 8. GRAHAM,
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

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