Hon. WILLIAM LANGER, DEPARTMENT OF THE INTERIOR, Committee on the Judiciary, United States Senate, Washington 25, D. C. MY DEAR SENATOR LANGER: This is in response to your request for this Department's comments on S. 3154, a bill to provide for the relief of Milton Beatty and others by providing for determination and settlement of certain claims of former owners of lands and improvements purchased by the United States in connection with the Canyon Ferry Reservoir project, Montana. This bill, if enacted, would direct the Secretary of the Treasury to pay to the 18 parties named in its section 3 the difference between the price which has already been paid them by the United States for lands and improvements which were acquired in connection with the development of the Canyon Ferry Dam and Reservoir and such price as may be fixed by a new appraisal to be made by a board of 3 members, 1 appointed by the Secretary of the Interior, 1 by the Secretary of Agriculture, and 1 by the Chief Judge of the United States District Court for the District of Montana. The list of persons named in section 3 of the bill is but a partial list of persons from whom the United States purchased properties for the Canyon Ferry Dam and Reservoir. It also includes the names of three persons (Douglas P. Christie, John A. Plymale, and Paul Plymale) from whom, according to the records of this Department, no purchase was made. All of the property to which the bill would apply was purchased by the United States at fair market value, pursuant to the terms and conditions of individually negotiated, regularly executed land purchase contracts. The market value of each particular tract or parcel, with its improvements, was determined by competent appraisers. None of the Government's vendors, as far as we are advised, contends that his particular transaction was not closed and completed in accordance with the provisions of the contract. Each appears, therefore, to seek an additional amount-a bonus as it were-from the United States above the contract price. This amount is erroneously characterized in section 1 of the bill as being "in full settlement of all claims of such party against the United States arising out of the purchase from such party by the United States of lands and improvements thereon, in connection with the Canyon Ferry Reservoir project, Broadwater and Lewis and Clark Counties, Mont." If these parties have, as we believe they do not have, a valid claim against the United States arising out of the land purchase contract, redress may be had in the courts of the United States under the Tucker Act, as amended and supplemented, without the special privilege which would be granted by the bill. We are unaware of any special circumstances or equitable considerations in their cases which entitle them to ask of the Congress a revaluation of their properties and a payment in excess of the amount for which they agreed to sell, and did sell, their properties Not having availed themselves as they could have if they were dissatisfied with the prices offered them, of the privilege of having a judicial determination made of the value of their properties at the time of the transaction, we can see no merit to their being given the consideration they now ask in another forum. Particularly is this so in a case like the present where changed conditions caused by the removal of improvements and the flooding of the land have made it impossible for anyone to make an estimate of fair market value of the land and improvements as of the date of payment by the United States of the agreed purchase price. Although what has already been said is enough, I believe to indicate the lack of merit in S. 3154, I must also point out that its enactment would establish a precedent under which all the United States land purchase contracts could, at the behest of any vendor who later becomes dissatisfied with the bargain he made be regarded as lacking that finality which is as important to the conduct of public business as it is normal to conventional business transactions. The Bureau of the Budget has advised that there would be no objection to the submission of this report to your committee. Sincerely yours (Signed) FRED G. AANDAHL, Assistan. Secretary of the Interior. O 83D CONGRESS 2d Session }} SENATE { REPORT No. 1528 NICHOLAS KATEM, THEODOSIA KATEM, BASIL KATEM, AND JOSEPHINE KATEM JUNE 7 (legislative day, MAY 13), 1954.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 848] The Committee on the Judiciary, to which was referred the bill (H. R. 848) for the relief of Nicholas Katem, Theodosia Katem, Basil Katem, and Josephine Katem, having considered the same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass. AMENDMENTS 1. On page 1, line 11, strike the word "four" and insert in lieu thereof the words "the required". 2. On page 1, line 12, after the word "quota" where it first appears insert the words "or quotas". 3. On page 1, line 12, strike the word "is" and insert in lieu thereof the words "or quotas are". PURPOSE OF THE BILL The purpose of the bill is to grant the status of permanent residence in the United States to Nicholas Katem, Theodosia Katem, Basil Katem, and Josephine Katem. The bill provides for appropriate quota deductions and for the payment of the required visa fees. The bill has been amended so as not to require a quota deduction in the case of the beneficiary, Josephine Katem, who, as the spouse of a United States citizen, is entitled to a nonquota status. STATEMENT OF THE FACTS The beneficiaries of the bill are a 60-year-old father and a 48-year-old mother who are natives and citizens of Turkey and their 22-year-old son and 19-year-old daughter who are natives of China and nationals of Greece. The father last entered the United States on or about July 8, 1949, at Blaine, Wash., as a temporary visitor and the mother and children last entered the United States at San Francisco on May 27, 1949, as visitors. The last foreign residence of the beneficiaries was China, the mother and father, who are of Greek derivation, having fled there from Turkey in 1920 to escape persecution. They are unable to return to China because of the Communist domination of that country. The daughter is now married to a United States citizen and has one citizen child. A letter, with an attached memorandum, dated December 7, 1953, addressed to the chairman of the Committee on the Judiciary of the House of Representatives from the Acting Commissioner of the Immigration and Naturalization Service with reference to the case reads as follows: DEPARTMENT OF JUSTICE, IMMIGRATION And NaturalizaTION SERVICE, December 7, 1953. HON. CHAUNCEY W. REED, House of Representatives, Washington, D. C. DEAR MR. CHAIRMAN: In response to your request of the Department of Justice for a report relative to the bill (H. R. 848) for the relief of Nicholas Katem, Theodosia Katem, Basil Katem, and Josephine Katem, there is attached a memorandum of information concerning the beneficiaries. This memorandum has been prepared from the Immigration and Naturalization Service files relating to the beneficiaries by the Los Angeles, Calif., office of this Service, which has custody of those files. The bill would grant the aliens permanent residence in the United States upon payment of the required visa fees. It also directs that four numbers be deducted from the appropriate immigration quota. The first two named aliens are chargeable to the quota of Turkey. The last two named aliens are chargeable to the quota of China. However, it appears that the beneficiary, Josephine Katem, is eligible to nonquota status and, if otherwise qualified, able to obtain a nonquota immigrant visa. Sincerely, B. G. HABBERTON, Acting Commissioner. MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE NICHOLAS KATEM, THEODOSIA KATEM, BASIL KATEM, AND JOSEPHINE KATEM, BENEFICIARIES OF H. R. 848 The beneficiaries are husband and wife and their two children. Mr. Nicholas Katem, also known as Nicolas Katem, was born on February 20, 1894, in Turkey. His wife, Theodosia Katem, was born on December 6, 1905, in the same country. They are both citizens of Turkey. Their children, Basil and Josephine, were both born in China on October 31, 1931, and September 12, 1934, respectively, and are nationals of Greece. The last foreign residence of the beneficiaries was China. Mr. Katem resided in that country from 1920 until immediately prior to his entry into the United States, and Mrs. Katem resided there from 1926 until immediately prior to her entry into the United States. Nicholas Katem last entered the United States on or about July 8, 1949, at the port of Blaine, Wash., being admitted as a temporary visitor until November 26, 1949. Mrs. Katem and her children, Basil and Josephine, entered the United States at the port of San Francisco, Calif., on May 27, 1949, and were admitted as temporary visitors until November 26 1949. Applications to adjust immigration status of these four beneficiaries to that of permanent residents under the provisions of the Displaced Persons Act of 1948, were denied by this Service August 15, 1949. Subsequently deportation proceedings were instituted against them and on January 11, 1951, after hearings they were granted the privilege of voluntary departure from the United States. On June 12, 1951, private bill H. R. 4424 was introduced for their relief. This bill did not receive congressional approval. Mr. Katem is employed as an inspector by the Weber Showcase & Fixture Co., Los Angeles, Calif., at a salary of approximately $400 a month. Mrs. Katem is employed as a saleslady by the May Co., Los Angeles, Calif., at a salary of $225 a month. Their assets total approximately $5,500, consisting of a $2,000 equity in their home which is valued at $10,000, and $3,500 in cash. The son, Basil Katem, is a student at Los Angeles City College, Los Angeles, Calif., and the daughter Josephine, was married on November 5, 1951, to James Patrick MacLean, a native United States citizen. They have one child, born on July 5, 1952, at Los Angeles, Calif. The beneficiaries are all residing at 4275 Halldale Avenue, Los Angeles, Calif. Mr. and Mrs. Katem have one other daughter, Alice Katem, a native of China and national of Greece, who also resides in Los Angeles, Calif. She was admitted to this country as a student on September 14, 1946, at San Francisco, Calif. She has completed her education and has applied for adjustment of her immigration status as a displaced person. A decision regarding this application has not as yet been reached. Congressman McDonough, the author of the bill, appeared before a subcommittee of the Committee on the Judiciary of the House of Representatives and testified in support of the bill as follows: Mr. Chairman, I introduced H. R. 848 for the relief of the Katem family, Mr. and Mrs. Nicholas Katem and their children, Basil and Josephine, because, in my opinion, a severe hardship would be imposed upon this family if they were now forced to depart from the United States. Mr. and Mrs. Katem are of Greek derivation and were born in Turkey. In 1920 for the first time they were forced to leave their home to escape the Turkish massacres of the Christians. Having no established home after leaving Turkey, Mr. and Mrs. Katem when to China where they became residents of Shanghai. Their children were born in China. Mrs. Katem and the children entered the United States in May of 1949, and Mr. Katem entered in July of the same year. Once again the family had been forced to leave their home as a result of the rise of the Chinese Communists to power. The Katem family cannot return to China, and have no other place to go. They have established a new home in the United States and are anxious to remain here. The Katem family attempted to obtain administrative relief, and applied for displaced persons status, but their application was denied August 15, 1949. Had the family remained in China until the evacuation of European residents, or had they arrived in the United States 1 month earlier, they might have qualified for displaced persons status. According to the report of the Immigration and Naturalization Service, Mr. and Mrs. Katem are both employed, and are purchasing a home. Their son, Basil, is at present a student at Los Angeles City College. Their daughter, Josephine, is now married to a native United States citizen, and has one child, born in Los Angeles. I believe the Katem family is entitled to legislative relief, and I sincerely request that the members of this committee give favorable consideration to H. R. 848 for their relief. The committee, after consideration of all the facts in the case, is of the opinion that the bill H. R. 848, as amended, should be enacted. |