APPROPRIATION FOR SUBSCRIPTION TO CAPITAL STOCK OF FEDERAL LAND BANKS

JANUARY 28, 1932.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. BYRNS, from the Committee on Appropriations, submitted the following

REPORT

[To accompany H. J. Res. 261]

The Committee on Appropriations, to which was referred House Joint Resolution No. 261, making an appropriation to enable the Secretary of the Treasury to pay for subscriptions to the capital stock of Federal land banks, submits the following in explanation thereof: The estimate upon which this joint resolution is based was submitted by the President in House Document No. 233 of the present session in the sum of $125,000,000.

The appropriation is authorized in the act entitled "An act to amend the Federal farm loan act, as amended, to provide for additional capital for Federal land banks, and for other purposes," approved January 23, 1932. Of the $125,000,000 authorized the sum of $25,000,000 is specified to be used exclusively for the purpose of supplying any bank with funds to use in its operations in place of any amounts of which such bank may be deprived by reason of extensions of loans in accordance with the provisions of the act.

The Federal Farm Loan Board in conjunction with the presidents of the banks have been at work upon a plan for the handling of the additional capital which the appropriation will provide for the Federal land banks. It is the opinion of the board that the entire sum should be made available at once to enable the banks to continue their functioning at the maximum of efficiency that might be expected from the new law.

The necessity for the legislation has been fully and completely discussed recently in both Houses and the committee acting upon the recommendation of those responsible for the proper functioning of the farm loan system reports the joint resolution for the full amount of the authorization with the recommendation that the appropriation be given immediate consideration.

TO AMEND SECTIONS 22 AND 39, TITLE II, OF THE NATIONAL PROHIBITION ACT

JANUARY 28, 1932.-Referred to the House Calendar and ordered to be printed

Mr. CHRISTOPHERSON, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 258]

The Committee on the Judiciary, to whom was referred the bill H. R. 258, after consideration, reports the same favorably and recommends that the bill do pass.

This bill was favorably reported by the Judiciary Committee in the Seventy-first Congress (H. R. 11199). It passed the House on February 21, 1931, but failed of action in the Senate owing to the fact that Congress adjourned on the 4th of March and it was not reached.

The bill proposes amendments to sections 22 and 39 of the national prohibition act.

Section 22 provides a method to enjoin a nuisance and by writ of injunction to restrain the continuance of such nuisance. It has been found that it fails to provide for obtaining jurisdiction upon unknown parties in interest or parties who are absent from the jurisdiction of the court. Experience has shown that parties engaged in the illicit sale of intoxicating beverages, in order to circumvent this statute, have been known to convey an interest in the property in question. to an unknown party and, the Government being unable to locate or make personal service on such unknown owner, the action fails.

The amendment provided in this bill makes provision for obtaining jurisdiction upon such unknown party in interest by substituted service, and the amendment to section 39 makes provision for service. of the summons by substituted service.

These amendments have been recommended by the National Commission on Law Observance and Enforcement, as found on page 14 in the message from the President of the United States on January 13. 1930. (H. Doc. No. 252, 71st Cong., 2d sess.)

The present bill is identical with the bill which was reported favorably and passed the House in the last Congress.

In accordance with Rule XIII, as amended, there is printed below, copy of the law showing the new language in italics:

[Section 22, Title II, of the national prohibition act]

An action to enjoin any nuisance defined in this chapter may be brought in the name of the United States by the Attorney General of the United States or by any United States attorney or any prosecuting attorney of any State or any subdivision thereof or by the commissioner or his deputies or assistants. Such action shall be brought and tried as an action in equity and may be brought in any court having jurisdiction to hear and determine equity cases. If it is made to appear by affidavits or otherwise, to the satisfaction of the court, or judge in vacation, that such nuisance exists, a temporary writ of injunction shall forthwith issue, restraining the defendant from conducting or permitting the continuance of such nuisance until the conclusion of the trial. If a temporary injunction is prayed for, the court may issue an order restraining the defendant and all other persons from removing or in any way interfering with the liquor or fixtures, or other things used in connection with the violation of this chapter constituting such nuisance. No bond shall be required in instituting such proceedings. It shall not be necessary for the court to find the property involved was being unlawfully used as aforesaid at the time of the hearing, but on finding that the material allegations of the petition are true, the court shall order that no liquors shall be manufactured, sold, bartered, or stored in such room, house, building, boat, vehicle, structure, or place, or any part thereof. And upon judgment of the court ordering such nuisance to be abated, the court may order that the room, house, building, structure, boat, vehicle, or place shall not be occupied or used for one year thereafter; but the court may, in its discretion permit it to be occupied or used if the owner, lessee, tenant, or occupant thereof shall give bond with sufficient surety, to be approved by the court making the order, in the penal and liquidated sum of not less than $500 nor more than $1,000, payable to the United States, and conditioned that intoxicating liquor will not thereafter be manufactured, sold, bartered, kept, or otherwise disposed of therein or thereon, and that he will pay all fines, costs, and damages that may be assessed for any violation of this chapter upon said property.

If in any proceeding under this section it is made to appear to the court that any person or persons unknown have or claim an interest in such room, house, building, structure, boat, vehicle, or place, or some part thereof, which would be affected by the order prayed for, it may order that such person or persons unknown be made parties by designating them as unknown owners of or claimants of some interest in the property described, and such person or persons, and any defendant or defendants who are absent from the jurisdiction, or whom, whether within or without the jurisdiction, it is impracticable to serve otherwise, or who are shown to the satisfaction of the court to be concealing themselves for the purpose of evading service of process or any order of the court, may be served in accordance with the provisions of section 57 of the Judicial Code (U. S. C., title 28, sec. 118).

[Section 39, Title II, of the national prohibition act

In all cases wherein the property of any citizen is proceeded against or wherein a judgment affecting it might be rendered, and the citizen is not the one who in person violated the provisions of the law, summons must be issued in due form and served personally, if said person is to be found within the jurisdiction of the court, or there must be substituted service as provided in section 22 of this title (U. S. C., title 27, sec. 34) as amended by this act.

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1st Session

No. 296

REPEAL OF OBSOLETE AND SUPERSEDED SECTIONS IN THE UNITED STATES CODE

JANUARY 28, 1932.-Referred to the House Calendar and ordered to be printed

Mr. HARLAN, from the Committee on Revision of the Laws, submitted the following

REPORT

[To accompany H. R. 7121]

The bill (H. R. 7121) to repeal obsolete statutes and to improve the United States Code was introduced by Mr. Harlan and referred to the Committee on Revision of the Laws. The committee having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: Strike out "R. S. 5256-Title 45, sec. 81."

The committee does not regard R. S. 5256 as entirely superseded. It will be retained in the Code pending further examination and study by the Attorney General, the Interstate Commerce Commission, and Secretaries of the Treasury and Interior Departments.

The purpose of this bill is to repeal 28 additional obsolete and superseded sections of the Revised Statutes now in the United States Code which have been recommended to the committee by the Navy, Post Office, Justice, Treasury, and Commerce Departments as being obsolete and superseded.

This is the second of a series of bills to improve and perfect the United States Code, and represents another step toward actual revision of the Federal statutes. Upon the enactment of H. R. 10198 of the Seventy-first Congress (Public Act No. 547 of the same Congress), there were repealed 75 statutes deemed obsolete, and this bill is identical in substance and form with that act.

The comments of these Departments upon the sections contained in this bill are set forth hereafter showing statement of recommendation for repeal.

A verbatim quotation of each provision of the Revised Statutes referred to in the bill precedes comment. All rights which have accrued on the date of approval and all liabilities which have been established at that time remain unaffected.