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TO REMOVE LIMITATION UPON FILLING OF VACANCY

OF DISTRICT JUDGE FOR NEW JERSEY

FEBRUARY 16, 1932.—Committed to the Committee of the Whole House on the

state of the Cnion and ordered to be printed

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

following

REPORT

[To accompany H. R. 5342]

The Committee on the Judiciary, to whom was referred the bill (H. R. 5342) to provide for the appointment of an additional district judge for the district of New Jersey, after consideration, reports the same favorably with amendments and recommends that the bill as amended do pass.

The committee amendments are as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That the President of the United States be, and he is hereby, authorized and directed, by and with the advice and consent of the Senate, to appoint a judge to fill a vacancy in the District Court of the United States for the District of New Jersey, occasioned by the death of Hon. William A. Runyon, who was appointed as additional judge in said district under the provisions of the act of Congress entitled "An act for the appointment of an additional circuit judge for the fourth judicial circuit, for the appointment of additional district judges for certain districts, providing for an annual conference of certain judges, and for other purposes," approved September 14, 1922 (U. S. C., title 28, sec. 3). A vacancy occurring at any time in the office of district judge referred to in this act is authorized to be filled.

Amend the title so as to read:

A bill to remove the limitation upon the filling of vacancy of district judge for the district of New Jersey.

Mr. LaGuardia has permission to file a minority report on this bill.

This bill is made necessary by the death of the late Judge William A. Runyon, who was appointed under the act of September 14, 1922, which provided that no successor should be appointed in case of a vacancy occurring in the office two years after the passage of the act. Up until 1922 the district of New Jersey had three judges, and in that year Judge Runyon was appointed as a fourth judge under the provisions of the act above mentioned. No other judges have been appointed since 1922 and the result is that New Jersey with a greatly increased volume of business has a bench equal in number only to that which served it prior to 1922.

The conference of senior circuit judges, presided over by the Chief Justice of the United States, strongly recommended the en actment of the bill at its last meeting, held on October 5, 1931. The bill also has the approval of the Attorney General.

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GRANTING UNIFORM PENSIONS TO WIDOWS AND CHILDREN OF CERTAIN PERSONS WHO SERVED THE UNITED STATES IN TIME OF WAR, AND FOR OTHER PURPOSES

FEBRUARY 16, 1932.-Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. GASQUE, from the Committee on Pensions, submitted the

following

REPORT

[To accompany H. R. 7230]

The Committee on Pensions, to whom was referred the bill (H. R. 7230) proposing to grant uniform pensions to widows and children of certain persons who served the United States in time of war, having had the bill under consideration and having heard Gen. Frank T. Hines, Administrator of Veterans Affairs, and the representatives of the various veterans' organizations, the national officers of the various woman's auxiliaries, and many other persons representing those who would become beneficiaries thereunder, respectfully submit the following report, with the recommendation that the bill H. R. 7230 (star print) do pass.

This bill has many new features and should immediately provide relief for over 290,000 dependent widows and children of veterans of all the wars, including the World War, Spanish War, and the Civil War.

The outstanding new feature of this bill is the fact that it establishes uniformity of pensions paid to widows and children of veterans of all wars.

It treats the widows of all war veterans alike. They will all file their claims under the provisions of the same law and on the same application blank, under the same conditions, and no favoritism will be shown toward any war-time widow. Under the provisions of the bill, as reported by the committee, the widow of the World War veteran and widows of other wars will be entitled to pensions by proving that the veteran is dead, without proving that death was due to service or in any měnner connected with service. These pensions will continue to the widow or minor child during widowhood and will be stopped upon remarriage, death, or forfeiture of title for immoral conduct.

If the veteran rendered 90 days' service in any of the wars and was honorably discharged or rendered less than 90 days' service and was discharged for disability due to service in line of duty, this act grants the widow a pension at the rate of $20, $30, $40, and $50 per month. If the widow lived continuously with the veteran, except for a temporary absence of five years prior to veteran's death, or if a child is or was born as the issue of this marriage, regardless of the date of marriage, the widow will receive a pension of $20 per month. When such widow becomes 40 years of age, the rate of pension will be increased to $30 per month, and when such widow becomes 50 years of age, the rate of the pension will be increased to $40 per month, and should she become 70 years of age she will receive $50 per month during her widowhood. This bill further provides for the minor children under 16 years of age.

The widow will receive $6 per month additional for all minor children under 16 years of age, and the widow entitled to pension under this act will receive the $20, $30, $40, or $50 rate plus the $6 per month until such child or children attain the age of 16 years respectively.

This bill also provides that the pension shall continue during the period of helplessness of such child.

The date of commencement of pension for those already on the pension roll will be on the 4th day of the next month after the approval of this act. All those persons not receiving pensions under the law who are entitled to pensions under this act shall commence upon the date of the filing of application.

Section 3 of this bill provides that no attorney fee for original or increase of pensions will be allowed under the provisions of this act.

Section 4 provides that nothing contained under this act shall be construed to reduce any pensions heretofore granted under the existing law.

Section 5 of the bill provides that all acts or parts of acts in conflict with or inconsistent with the provisions of this act are hereby modified and amended only so far and to the extent as is herein specifically provided and stated.

The number of beneficiaries under the provisions of this act and the cost of this bill are fully explained by the following chart, which shows the exact number affected and the total cost of the bill for the first year:

Costs Civil War dependents (124,781)

$573, 917 Spanish War dependents (28,789)

3, 586, 822 World War dependents (136,558)

19, 406, 852 Grand total (290,128) --

--- 38, 567, 591 The following chart shows the total number affected each year for a period of five years together with the total cost per year for a period of five years:

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The committee feels that this measure will not only equalize wartime widows' pensions but will save in the administrative costs of adjudicating each claim. Further, it will eliminate piecemeal legislation in the future and will provide a vast saving in many ways.

The Director of the Bureau of the Budget has reported that the proposed legislation is not in accordance with the financial program of the President.

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