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would $3,000 of his property. He is arrested after he has escaped to his own State. He is extradited and carried across the line, back into the State where the crime was committed. He is compelled to submit to a trial before a State judge-the tribunal trying him, perhaps for his life, is the same tribunal which tries citizens of that State in similar cases. He may be sent to prison; indeed, he may be sent to the scaffold or to the electric chair, all under the rules and regulations of State authorities. His life is not considered sufficiently valuable to give him the privilege which is given to his property. Where human life is at stake it is no sufficient reason to have the case transferred to the Federal courts. Such a blessed privilege and unfair advantage comes only to property.

RELIEF OF FEDERAL COURTS FROM CONGESTION

The congestion in our Federal district courts is acknowledged by all. That of itself is often a denial of justice. All classes of our citizens have recently become interested in various proposals for the relief of the congestion in our Federal district courts. The President of the United States has sent official messages to Congress on the subject. He has appointed a commission composed of eminent jurists and other able, patriotic scholars. The question has received the attention of the leading members of the bar throughout the entire country. Federal judges from the Surpeme Court down have lent their assistance in trying to devise some plan by which the Federal courts can be relieved from a large amount of the work now upon Federal judicial dockets.

Of all the suggestions which have been made from any source there is none which will bring as much relief as would the enactment of this proposed bill. It is estimated that the work of the Federal judiciary would be decreased from 25 to 40 per cent if this bill should be enacted into law. Not only would this relief for the Federal judiciary take place, but it would do it without any injustice of any kind coming to any person or corporation.

We are continually met with the demand for more judges, and if we provided for enough district judges to do all the work of the district courts and keep the dockets of those courts up to date, it would require a very large number of additional judges, prosecuting attorneys, United States marshals, and all other officials which neces sarily go to the establishment and maintenance of courts of justice. If all the cases involving diverse citizenship should be left for the State courts, where they fairly and honestly belong, this congestion in Federal courts would be relieved, the demand for more Federal judges would disappear, and all this would occur without any injustice to anyone. Every logical reason seems to point to the step which this bill proposes to take, and there is no reason now existing why the jurisdiction which this bill would take away from Federal courts should be retained. Many of the matters which the United States courts are trying, arising entirely within the jurisdiction of a State, and controversies coming up exactly the same as contro versies arise between citizens of the same State, would, if this bil. becomes a law, be left to the State courts for adjudication. There is no good or logical reason why this proposed bill should not become a law.

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71ST CONGRESS 2d Session

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SENATE

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REPORT No. 692

TO REVISE AND EQUALIZE THE RATE OF PENSION TO CERTAIN SOLDIERS, SAILORS, AND MARINES OF THE CIVIL WAR, TO CERTAIN WIDOWS, FORMER WIDOWS OF SUCH SOLDIERS, SAILORS, AND MARINES, AND GRANTING PENSIONS AND INCREASE OF PENSIONS IN CERTAIN CASES

MAY 20, 1930.-Ordered to be printed

Mr. ROBINSON of Indiana, from the Committee on Pensions, submitted the following

REPORT

[To accompany H. R. 12013]

The Committee on Pensions, to whom was referred the bill (H. R. 12013) to revise and equalize the rate of pension to certain soldiers, sailors, and marines of the Civil War, to certain widows, former widows of such soldiers, sailors, and marines, and granting pensions and increase of pensions in certain cases, having considered the same, report back to the Senate with the recommendation that the bill do pass with amendment, as follows:

Page 2, line 25, strike out the figures "1905" and in lieu thereof insert the figures "1910."

The bill as reported out of the House carries $12,199,360 the first year. It is approximated that the number of widows living who married Civil War veterans between 1905 and 1910, is about 3,000, which would add an additional appropriation of about $1,000,000.

It is a very difficult matter to determine just how many widows who married between 1905 and 1910 the bill would affect, but a conservative estimate by the Bureau of Pensions is about 3,000. Of course after the act of June 27, 1905, was passed the per cent of the marriages was considerably reduced for the reason that the soldier was growing much older and there was no prospect of a widow receiving a pension if married after that date."

[House Report No. 1353, Seventy-first Congress, second session]

The Committee on Invalid Pensions, to which was referred H. R. 12013, entitled "A bill to revise and equalize the rate of pension to certain soldiers, sailors, and marines of the Civil War, to certain widows, former widows of

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such soldiers, sailors, and marines, and granting pensions and increase of pensions in certain cases," having considered the same, unanimously reports the bill back to the House with recommendation that the bill do pass without amendment.

Section 1 of the bill increases the rate of pension of veterans from $65 to $75 per month.

Section 2 of the bill grants the $100 per month rate to all veterans requiring the regular aid and attendance of another person. In brief, this will increase the rate of pension of all those receiving the $72 and $90 per month rates to $100 per month. The average age of veterans now on the pension roll who would be affected by the provisions of sections 1 and 2 is 87 years.

Section 3 of the bill lowers the age limit for widows and former widows to 70 years for the allowance of the $40 per month rate. The present law provides this rate when they have attained the age of 75 years. The average age of widows now on the pension roll is 76 or 77 years. This section also provides for restoration of a former widow's name to the pension roll when marriages contracted by her subsequent to the soldier's death have been terminated by divorce, if such divorce has been obtained upon any ground other than adultery on her part.

Section 4 of the bill is an administrative feature empowering the Commissioner of Pensions to use his discretion as to recovery in certain overpayment cases where it is shown such overpayment was without fault of the beneficiary. Section 5 of the bill provides that where a veteran is in receipt of a pension and shown to be entitled to increase at the date of passage of this act as provided therein, such increase shall be effective on the 4th day of the month next after the approval of the act; where not then entitled, increase to begin when the requisite condition is shown; and where not on the pension roll but entitled under this act, pension to commence from date of filing application thereunder in the Bureau of Pensions. This section also provides for a deduction of $25 per month from the pension of a veteran entitled to the benefits of this act during the actual period he is a resident of the United States Soldiers' Home, of a National or State Soldiers' Home.

Sections 6 and 7 are the usual administrative features appearing in general pension bills.

A comparison of the foregoing rates of pension as proposed by this legislation with those provided under present laws is as follows:

Conditions of title, based on 90 days' service or discharge for disability

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The following table indicates in detail the numbers affected, the changes in rates, the monthly and annual rates of increase, and the approximate additional cost. The number of soldiers, while now about 51,100, will be reduced to 49,500 by the time the bill is passed and put into effect.

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The data presented in the foregoing table, indicating the approximate cost of this increase to be $12,000,000, have been collated through the courtesy of the Commissioner of the Bureau of Pensions who has materially assisted the committee in preparing and working out a satisfactory bill.

The committee feels that this bill is equitable and just, as it increases the rate of pension of every Civil War veteran who is now on the pension roll under existing service laws and, in addition, provides the $40 per month rate to approximately 27,000 widows and former widows. Also, in the last analysis, in spite of the wars that have followed, the heroes who answered the call of the immortal Lincoln, remain the outstanding figures of this and the preceding generation. And in view of the unusually high average age of the survivors, the present situation calls for an immediate and liberal treatment.

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SR-71-2-VOL 2-36

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