MARCH 28 (legislative day, MARCH 18). 1949.-Ordered to be printed Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 189] The Committee on the Judiciary, to whom was referred the bill (S. 189), conferring jurisdiction upon the United States District Court for the District of Nebraska to hear, determine, and render judgment upon the claim of Mrs. Florence Benolken, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass. The purpose of the proposed legislation is to confer jurisdiction on the United States District Court for the District of Nebraska to hear, determine, and render judgment upon the claim of Mrs. Benolken for compensation for any and all losses she may have sustained as a result of advice given her by Army officers concerning shipment of her household goods from Seattle, Wash., to Omaha, Nebr. AMENDMENTS On page 1, line 6, strike out the words "for losses" and insert in lieu thereof the words "for any and all losses". On page 1, line 7, strike out the word "erroneously". STATEMENT The claimant is the widow of an Army officer who died in line of duty in October 1942. At the time her husband was called to active duty and assigned to Fort Lewis, Wash., they resided in Seattle where they continued to live up to the time of the officer's death. At the time of settling his affairs, the widow considered the possibility of returning to Omaha, Nebr., where she had once lived; but she was advised by the Army officer who was assisting her that the Army had no authority to pay for the transportation of her household goods from Seattle to Omaha. It was subsequently discovered that this advice was erroneous, and all of the widow's claims for damages flow from the decisions she made with the erroneous statements of the Army officer in mind. In the Eightieth Congress, a bill (S. 69) was introduced for the purpose of making direct award to Mrs. Benolken in the amount of $4,257.48. This bill was considered by the Judiciary Committee of the Senate at that time, and a favorable report was made to the Senate in which the amount awarded was reduced to $306.43. This bill subsequently passed the Senate. Neither the claimant nor the sponsor felt that this amount was sufficient compensation. The committee believe that this claimant is entitled to some measure of relief and are willing the controversy should be submitted to a court for determination. O ISSUING TO THOMAS A. PICKETT, A CROW INDIAN, A PATENT IN FEE MARCH 28 (legislative day, MARCH 18), 1949.-Ordered to be printed Mr. MURRAY, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany S. 392] The Committee on Interior and Insular Affairs, to whom was referred the bill (S. 392) authorizing and directing the Secretary of the Interior to issue to Thomas A. Pickett, a Crow Indian, of Berkeley, Calif., a patent in fee to lands allotted to him on the Crow Indian Reservation, Mont., having considered the same report thereon with the recommendation that it do pass without amendment. The Secretary of the Interior recommends the enactment of this proposed legislation. The enactment of this proposed legislation is necessary in order that the allottee may sell all of the lands allotted to him on the Crow Reservation for the reason that the act of June 4, 1920 (41 Stat. 751), provides that a Crow Indian allottee shall not sell more than one-half of his allotment, or 320 acres thereof. His allottment comprises 638.73 acres. A copy of the Secretary of the Interior's report, dated February 18, 1949, recommending the enactment of this proposed legislation is attached hereto and made a part of this report, as follows: DEPARTMENT OF THE INTERIOR, Hon. JOSEPH C. O'MAHONEY, OFFICE OF THE SECRETARY, Chairman, Committee on Interior and Insular Affairs, United States Senate. MY DEAR SENATOR O'MAHONEY: Reference is made to your request for a report on S. 392, a bill authorizing the issuance of a patent in fee to Thomas A. Pickett, Crow Indian allottee. I have no objection to the enactment of this bill. The bill would authorize and direct the Secretary of the Interior, upon application in writing, to issue a patent in fee to Thomas A. Pickett for the remaining lands in his allotment No. 90 on the Crow Reservation, comprising his homestead of 638.73 acres. The act of June 4, 1920 (41 Stat., 751), provides that a Crow Indian allottee shall not sell more than one-half of his homestead, or 320 acres thereof. For this reason the enactment of legislation as proposed is necessary to authorize the allottee to sell all of his land. It appears that Mr. Pickett is qualified to conduct his affairs without governmental supervision or protection. Mr. Pickett's land does not have any stock water on it and the superintendent has reported that its sale would not interfere with the future consolidation or administration of Indian trust lands in that area. Mr. Pickett is of one-half Indian blood and has made his living away from the Crow Reservation for a good many years. The Bureau of the Budget has advised me that there is no objection to the submission of this report to your committee. Sincerely yours, OSCAR L. CHAPMAN, Under Secretary of the Interior. O |