medium which has been tested and found satisfactory in the laboratory of legal experience.

The following excerpts from the House Report No. 1754 of the Eightieth Congress further show the need for the legislation:

The committee feel that, in comparison to analogous State and Federal statutes of limitation, the existing 1-year period is too short and tends toward injustice in many instances. For example, an analysis of the statutes of limitation of the 48 States and the District of Columbia reveals that the average limitation provided for personal-injury cases is 2.96 years, for property-damage cases it is 3.90 years, and for cases of death by wrongful act it is 1.90 years. The over-all combined average is, accordingly, 2.92 years, and this over-all average is the one to which the Tort Claims Act limitation should be compared, since the Tort Claims Act covers all three types of torts under one inclusive period of limitation. The following table gives the various State limitations on actions for libel, slander, assault, and battery, in addition to those applying to actions for personal injury, property damage, or death by wrongful act. Section 420 of the Federal Tort Claims Act excludes from its application actions for libel, slander, assault, and battery. Limitations applicable to commencement of tort actions

Federal statutes providing time limitations for the bringing of tort actions indicate an over-all average of 2.20 years. Thus, the Federal Employees' Liability Act provides for a 3-year period from the accrual of the cause of action (sec. 56, title 45, U. S. C., 1940 ed.) as does also the Jones Act (sec. 688, title 46, U. S. C., 1940 ed.), and both apply to personal injuries or death. The Suits in Admiralty Act (sec. 745, title 46, U. S. C., 1940 ed.) applies to injuries to either person or property and provides a 2-year period of limitation commencing with the accrual date of the cause of action. The Public Vessels Act (sec. 782, title 46, U. S. C., 1940 ed.) pertains to property damage only, and provides a 2-year period after accrual. The Carriage of Goods by Sea Act (sec. 1303, title 46. U. S. Č., 1940 ed.) pertains to property losses only and provides for a 1-year period of limitation commencing with the delivery date or scheduled delivery date of the goods.

It will be observed, then, from the foregoing statistics, that the existing limitation of 1 year in the Federal Tort Claims Act is manifestly unjust and not in consonance with the practice prevailing in analogous departments of the law. The contention of the Federal agencies affected that the enlargement of the period to 2 years would jeopardize the defenses of the Government in tort suits and would render them at a peculiar disadvantage in comparison to private defendants of tort actions, is without merit. No clear distinction can be seen between the accessibility of defenses to the Government than to ordinary lay or private defendants. While it may be true to a limited extent that the feature of the proposed bill which could revive dormant claims may be of some temporary vexation to defending Federal agencies, this difficulty will disappear in the passage of time.

81ST CONGRESS 1st Session

}

SENATE

{No. 136

REPORT

AUTHORIZING A $100 PER CAPITA PAYMENT TO RED LAKE INDIANS OF MINNESOTA

MARCH. 22 (legislative day MARCH 18) 1949.-Ordered to be printed

Mr. DOWNEY, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany H. R. 1755]

The Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 1755) to authorize a $100 per capita payment to members of the Red Lake Band of Chippewa Indians from the proceeds of the sale of timber and lumber on the Red Lake Indian Reservation, Minn., having considered the same, report thereon with the recommendation it do pass without amendment.

This bill has been considered by the Committee on Public Lands of the House; on March 2, 1949, that committee submitted its report (H. Rept. 199) to the House, recommending its passage, and on March 7, 1949, it passed the House.

An identical bill (S. 1100) was on February 28, 1949, introduced by Senator Thye, which bill also provided for $100 per capita payment to members of said Red Lake Band. Said Senate bill (S. 1100) also includes section 3, which provision is designed to exempt a few recipients belonging to said band of social security benefits under certain sections of the Social Security Act dealing with "old age assistance, "dependent children," and "aid to the blind," which sections contain the following provisions:

SEC. 302 (a) (7) That the State Agency shall, in determining need, take into consideration any other income and resources of an individual claiming old age assistance.

SEC. 602 (a) (7) That the State Agency shall, in determining need, take into consideration any other income and resources of any child claiming aid to dependent children.

SEC. 1202 (a) (8) That the State Agency shall, in determining need, take into consideration any other income and resources of an individual claiming aid to the blind.

Your committee is of the belief that this small amount derived from their own fund should be distributed to these Indians without being subject to the said provisions of the Social Security Act.

A further explanation of the purpose of this proposed legislation is contained in said House Report No. 199, a copy of which is attached hereto and made a part of this report.

[H. Rept. No. 199. 81st Cong., 2d sess.)

The purpose of this bill is to authorize the Secretary of the Interior to pay to each member of the Red Lake Band of Chippewa Indians in Minnesota the sum of $100.

This payment would be disbursed from tribal funds now on deposit in the United States Treasury. No expenditure of Federal funds is necessary.

Enactment of H. R. 1755 is unanimously requested by the General Council of the Red Lake Band to alleviate an emergency situation on the reservation. The past winter has been unusually severe and there is more unemployment this year among the Indians than there has been for many years.

At hearings held before a subcommittee of the Committee on Public Lands on this bill, it was testified that many of the Red Lake Band do not have sufficient food and clothing. The credit at stores of most of the Indians has been exhausted. Of the more than 500 families on the reservation, only fifty-odd persons are employed at present. There will be no opportunity for the others to obtain employment before late spring or summer.

These Indians have on deposit to their credit in the Treasury almost $1,000,000, mostly derived from proceeds from the sale of timber. This money legally belongs to the Indians and the committee feels that their desperate situation would be relieved at this time by the $100 per capita payment provided in H. R. 1755. There are approximately 2,500 Indians affected by this legislation.

The Department of the Interior approves the principle of H. R. 1755 but suggests that the payment be reduced to $50. The committee believes that since the Red Lake Band has a million-dollar deposit in the Treasury, the present emergency situation warrants the full $100 per capita payment. The Department's report is as follows:

Hon. ANDREW L. SOMERS,

DEPARTMENT OF THE INTERIOR,
Washington, February 25, 1949.

Chairman, Committee on Public Lands,

House of Representatives.

MY DEAR MR. SOMERS: This letter has reference to H. R. 1755, which would authorize a per capita payment of $100 to each member of the Red Lake Band of Chippewa Indians from the proceeds of the sale of timber and lumber within the Red Lake Reservation in Minnesota.

I shall not object to the enactment of the proposed legislation if it is amended to authorize a payment of $50. It is understood that a large portion of the members are temporarily unemployed, and a $50 payment to each member would give many of them needed relief.

It is increasingly evident, however, that all available resources of the Red Lake Indians, including cash assets, must be carefully conserved and utilized for permanent rehabilitation. Tribal capital is needed for new industries and enterprises. For a number of years sawmill operations have provided employment during the winter and spring. This year the number employed at the mill is about one-half of the number employed last year, and woods work is to be discontinued earlier than usual. The tribe will face a more serious condition in 1950. The lack of mature timber will necessitate the closing of the sawmill after this season, and if no steps are taken to provide employment, conditions will be serious indeed. It was expected that pulpwood operations would substitute for the sawmill operations, but the outlook for this industry is not good. Pulpwood prices now are low, and many items are not salable at all. New industries must be developed, and the development and use of agricultural land must be encouraged. It has been the purpose of this Department to build up the tribal capital for such a time as this. The entire fund is scarcely enough to give the 530 families on the reservation a start in developing industrial enterprises or economic farm units.

In view of your desire to consider this legislation on February 25, I have not submitted this report to the Bureau of the Budget. I am unable, therefore, to inform you as to the relation of the proposal to the program of the President. Sincerely yours,

OSCAR L. CHAPMAN, Acting Secretary of the Interior.

Enactment of this legislation at the earliest possible date is unanimously recom" mended by the Committee on Public Lands.

MARCH 22 (legislative day, March 18), 1949.—Ordered to be printed

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

following

REPORT

To accompany S. J. Res. 251

The Committee on the Judiciary, to whom was referred the joint resolution (S. J. Res. 25) proposing an amendment to the Constitution of the United States relative to equal rights for men and women, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.

O

S. Repts., 81-1, vol. 1-96