but that in view of all the facts and circumstances of the case, the apparent good faith of the applicant, the large amount of money expended in placing improvements on the land after the issuance of the cash certificate, and there being no intervening rights or equities, that action on his case would be suspended with view to recommending remedial legislation to the Congress as now proposed. On April 16, 1909, the Department of the Interior approved an application by the Wasco County Electric & Water Power Co. under the provisions of the act of March 3, 1875 (18 Stat. 482), for a right of way for a railroad from a point in sec. 10, T. 4 S., R. 21 E., Willamette meridian, to a point in sec. 3, T. 6 S., R. 21 E., Willamette meridian, Oregon, a distance of 17.6 miles; and on June 29, 1909, approved a similar application by said company for a right of way for a railroad from the point last named to a point in sec. 34, T. 9 S., R. 20 E., Willamette meridian, 9 distance of 37.7 miles. No construction work was ever performed by the company, which was incorporated under the laws of the State of Oregon on May 14, 1908. The corporation was dissolved and its articles of incorporation revoked and repealed by proclamation of the Governor of Oregon on January 3, 1912, in accordance with Oregon laws. Under date of November 29, 1927, the Secretary of the Interior requested the Attorney General to institute a suit to cancel the grant, but the United States attorney for the district of Oregon reported that the time within which a suit could be instituted against a defunct corporation had expired, and that a suit could not be maintained. The forfeiture of the grant would remove the cloud from the lands crossed by the right of way, and such action by the Congress is recommended. By letter of even date I have forwarded a similar communication and recommendation to the chairman of the Committee on Public Lands and Surveys, United States Senate. Very truly yours, о RAY LYMAN WILBUR. 1st Session No. 401 EMPLOYEES' COMPENSATION ACT TO AID THE TOTALLY DISABLED FEBRUARY 10, 1932.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. CONDON, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 92] The Committee on the Judiciary, to whom was referred the bill (H. R. 92) to amend an act entitled "An act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, and acts in amendment thereof, after consideration, reports the same favorably with amendments and recommends that the bill as amended do pass. The committee amendments are as follows: Page 1, line 7, after the word "thereof" followed by a comma, insert the following: "(Sec. 756, title 5, U. S. C.)" Page 1, line 8, strike out the word "subdivision" and insert in lieu thereof the word "paragraph". Page 2, strike out lines 1 to 6, inclusive, and insert in lieu thereof the following: In addition to the monthly compensation the Employees' Compensation Commission may pay the injured employee suffering total disability from injury an additional sum of not more than $50 a month, as the commission may deem necessary, when the commission shall find that the service of an attendant is necessary constantly to be used by reason of the employee being totally blind, or having lost both hands or both feet or the use thereof, or is paralyzed and unable to walk, or by reason of other total disability actually rendering him so helpless as to require constant attendance. This bill would authorize payment up to $50 a month, in the discretion of the United States Employees' Compensation Commission, for an allowance of an attendant for beneficiaries under the provisions of the act who are totally and permanently disabled. The bill is made applicable to those cases where the services of an attendant are necessary constantly and used by reason of the employee being totally blind, or having lost both hands, or both feet, or the use thereof, or is paralyzed and unable to walk, or by reason of other total disability actually rendering him so helpless as to require constant attention. There is attached hereto and made a part of this report a communication dated May 7, 1928, from the chairman of the United States Employees' Compensation Commission to the late chairman of the Committee on the Judiciary of the House of Representatives recommending the proposed legislation: UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, Hon. GEORGE S. GRAHAM, Chairman Committee on the Judiciary, House of Representatives. DEAR MR. CHAIRMAN. The United States Employees' Compensation Commission has received your letter of April 20, 1928, requesting its consideration and recommendation upon H. R. 13142, to amend the Federal employees' compensation act of September 7, 1916. The bill proposes to add the following subdivision to section 6 of the act: "(B) If, as a result of the accident, the employee should be rendered by the disability so helpless as to require constant aid and attendance, the Employees' Compensation Commission shall pay said employee an additional sum of not more than $50 a month for the services of an attendant as the said commission shall deem necessary." The commission believes the general purpose of the proposed amendment to be desirable. Section 6 was amended by the act of February 12, 1927, to increase the maximum compensation that can be paid in case of total disability to $116.66, but there is need for a larger amount as compensation, or for the payment of an additional sum, in the case of employees so disabled in the performance of duty as to require constant assistance. The difficulty in providing an additional sum for those who need an attendant is that a majority of persons totally disabled will believe that they are entitled to an allowance if the law is not definite and specific as to the classes of cases covered. It may be readily admitted that a person who is totally blind, or a person who has lost both hands, or one who is paralyzed so as not to be able to walk, is in actual need of constant aid and assistance in order to be properly taken care of. When it comes to conditions which involve total disability, but the injured one is usually able to care for himself, it would be difficult to determine to what extent, if any, the service of an attendant is necessary. The commission believes that a more specific limitation in the law on the classes of injury which would justify an allowance for an attendant is advisable and therefore suggests an amendment to the bill to make the new subdivision proposed read as shown hereinafter. It is also advisable to so limit the allowance of money for the service of an attendant as to exclude any allowance when the injured employee is receiving hospital treatment at public expense or has refused hospital treatment without reasonable cause. In the legislation as proposed in H. R. 13142 on page 2, line 1, the word "accident" should be changed to "injury" to conform to the wording of the act of 1916, and on page 2, line 4, the word "shall" should be changed to "may". The reason for this is that the amount allowed being in the discretion of the commission the mandatory word would not give the employee compensation beyond a minimum amount. There being comparatively few cases of Government employees permanently disabled and so helpless as to make the services of an attendant not only desirable but absolutely necessary, the commission does not believe that the proposed legislation, suitably limited, will involve any considerable expense. The amendment to section 6 of the compensation act of 1916 in lieu of the amendment contained in H. R. 13142 ought to be in substantially the following language: "That section 6 of the act entitled 'An act to provide compensation for employees of the United States suffering injuries while in the performance of their duties and for other purposes,' approved September 7, 1916, as amended, is amended by adding the following as a new paragraph: "In addition to the monthly compensation the Employees' Compensation Commission may pay the injured employee suffering total disability from injury an additional sum of not more than $50 a month, as the commission may deem necessary, when the commission shall find that the service of an attendant is necessary constantly and is used by reason of the employee being totally blind, or hav ing lost both hands or both feet or the use thereof, or is paralyzed and unable to walk, or by reason of other total disability actually rendering him so helpless as to require constant attendance.' The commission recommends the proposed legislation in H. R. 13142 if it be amended to limit as herein suggested the cases to which it will be applicable. The commission has submitted this letter to the Director of the Bureau of the Budget and is advised by that officer that the foregoing recommendation is not in conflict with the financial program of the President. Very truly yours, BESSIE P. BRUEGGEMAN, Chairman. It is hoped that the bill will be speedily enacted into law. In compliance with rule 13, as amended, there is printed herewith that portion of the present law which it is proposed to amend by the bill, showing the new language in italics: The monthly compensation for total disability shall not be more than $116.66, nor less than $58.33, unless the employee's monthly pay is less than $58.33, in which case his monthly compensation shall be the full amount of his monthly pay. The monthly compensation for partial disability shall not be more than $116.66. In the case of persons who at the time of the injury were minors or employed in a learner's capacity and who were not physically or mentally defective, the commission shall, on any review after the time when the monthly wageearning capacity of such persons would probably, but for the injury, have increased, award compensation based on such probable monthly wage-earning capacity. The commission may, on any review after the time when the monthly wage-earning capacity of the disabled employee would probably, irrespective of the injury, have decreased on account of old age, award compensation based on such probable monthly wage-earning capacity. In addition to the monthly compensation the Employees' Compensation Commission may pay the injured employee suffering total disability from injury an additional sum of not more than $50 a month, as the commission may deem necessary, when the commission shall find that the service of an attendant is necessary constantly to be used by reason of the employee being totally blind, or having lost both hands or both feet or the use thereof, or is paralyzed and unable to walk, or by reason of other total disability actually rendering him so helpless as to require constant attendance. |