The truck was about the railroad tracks when the girl started across the street (Tr. 153, 135, 157, 142, 117). The child did not come from behind a parked car. There was no traffic to obstruct Rochester's view or vision (Tr. 157, 158, 136, 116) Rochester says his vision was not obscured (Tr. 108).

Vance Avenue, the thoroughfare, is estimated to be 60 feet wide (Tr. 21); 50 feet wide (Tr. 147); and, by alleged measurement, 45 feet (Tr. 94).

The width of Walnut is estimated to be 35 feet (Tr. 137, 147); 40 feet (Tr. 21). The defendant, Rochester, claims that he was going about 15 to 18 miles per hour when he saw the child and put down the brakes (Tr. 100). A witness, McMullen, estimates his rate of speed at 18 or 20 miles per hour (Tr. 117). His witness, Hicks, estimates it at 20 miles per hour (Tr. 134). His witness, Batte, estimates it at 18 to 20 miles per hour (Tr. 157).

Defendant's witness, Spickard, states that the truck at 10 miles should be stopped in 10 feet; at 15 miles per hour within 15 to 18 feet; and at 20 miles per hour, within 25 feet (Tr. 181).

It is therefore seen that Mr. Rochester was not maintaining a proper lookout ahead and did not see the child or that, if he did see her, he did not use due care to bring his truck to a stop. If he did do so, then the braking system of the truck was not in proper mechanical condition, although the testimony is that the braking mechanism was in perfect order.

The United States mail truck involved is truck No. 11464. It was carrying registered United States air mail from the De Soto Station to the municipal airport at the time of the accident (Tr. 78, 90, 173).

It had left De Soto Station at 12:20 p. m. (Tr. 78). The accident occurred 10 minutes later at a point 11⁄2 miles distant (Tr. 94). The truck was due at the airport at 12.45 p. m. and the airport is 9 miles from De Soto Station (Tr. 91–93). The truck was more than 5 years old; it was a model A, 1930 Ford (Tr. 79). From the length of the skid marks it could be inferred

(1) That the truck was traveling too fast;

(2) That the brakes were not equalized as the skid marks were of unequal length; (3) That the brakes "grabbed" and the truck swerved to the right.

If the braking mechanism was good, then it is inescapable that Rochester was not maintaining a proper lookout and did not exercise due care to avoid the accident.

THE INJURIES

The 7-year-old girl sustained a compound fracture of the right tibia and fibula with an opening in the skin leading down to the fractured tibia. She was placed in a cast which was changed on April 1, and finally removed on May 9, 1935. The fracture was then solidly united with a slight posterior angulation, with a permanent shortening of the right leg of one-fourth of an inch.

The child sustained marked contusions and hematoma covering the entire right side of the face and the nose and there is a definite asymmetry of the nose, the bridge of the nose being broader on the right side than on the left with a definite thickening of the nasal bones on that side. There is a cloudy right antrum due to hemorrhage of the antrum at the time of the injury. (Report of Dr. J. S. Speed of Campbell's Clinic dated September 30, 1935, vol. II.) Immediately after the accident it was thought that the right collarbone and jawbone were broken, but subsequent treatment and examination proved this to be incorrect. preliminary claim, vol. II.)

(See

Dorothy was 8 weeks in a cast, and her right leg hurts and jerks when she uses it much (Tr. 6, 7). The injuries were painful and she limps and sometimes trips herself (Tr. 25). She was in bed in a cast for 8 weeks (Tr. 39); wore a lighter brace for 2 weeks; and used crutches for 4 weeks (Tr. 40). The leg is a half-inch shorter and the child limps a little ordinarily but limps badly if she runs. She has a slight deformity of the face (Tr. 41). Mr. Rochester's version of the accident is disproved by himself, by his own witnesses, and by the physical evidence of the accident.

Affiant, as legal guardian of said minor, respectfully asks that H. R. 3000 be passed by Congress to the end that justice may be done and the injuries sustained by the minor child may be compensated for.

Mrs. WILLIE MAE SISSON.

Subscribed and sworn to before me this 14th day of February 1939. [SEAL] JOSEPH H. NORVILLE, Notary Public.

1st Session

JOSEPH W. PARSE

No. 932

JUNE 23, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. COFFEE of Washington, from the Committee on Claims, submitted the following

REPORT

[To accompany S. 1688]

The Committee on Claims, to whom was referred the bill (S. 1688) for the relief of Joseph W. Parse having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to authorize and direct the Comptroller General to settle and allow the claim of Joseph W. Parse for compensation for services rendered as United States commissioner in the eastern district of Arkansas from December 1, 1933, to November 30, 1936, inclusive, notwithstanding the fact that accounts therefor were not submitted by the commissioner within 1 year after the rendition of such services in accordance with the provisions of the act of March 1, 1933 (47 Stat. 1383).

Your committee concurs with the recommendation of the Senate, and appends hereto Senate Report No. 254, Seventy-sixth Congress, which carries the facts in detail.

[S. Rept. No. 254, 76th Cong., 1st sess.]

The bill, as amended, has the favorable recommendation of the Attorney General. The records of the Department of Justice show that Joseph W. Parse submitted accounts for service claimed to have been rendered by him as a United States commissioner at Batesville, Ark., for the period from December 1, 1933, to November 30, 1936, inclusive; that these accounts were disallowed on the ground that he had failed to submit them within 1 year after the rendition of such services, as required by a statute approved on March 1, 1933; that claimant suffered a severe attack of illness, which incapacitated him from submitting his accounts within the prescribed period, and that the services were rendered by the commissioner in due course and that he is entitled to compensation therefor.

The Attorney General's letter is appended hereto and made a part of this report.

Hon. M. M. LOGAN,

Chairman, Committee on Claims,

OFFICE OF THE ATTORNEY GENERAL,
Washington, D. C., March 20, 1939.

United States Senate, Washington, D. C.

MY DEAR SENATOR: I have your letter of March 4, requesting my views concerning the merits of the bill (S. 1688) to provide for the payment of the sum of $449.10 to Joseph W. Parse, of Batesville, Ark., as compensation for services claimed to have been rendered by him as a United States commissioner.

The records of this Department show that Joseph W. Parse submitted accounts for service claimed to have been rendered by him as a United States commissioner at Batesville, Ark., for the period from December 1, 1933, to November 30, 1936, inclusive. These accounts were disallowed on the ground that he had failed to submit them within 1 year after the rendition of such services as required by a statute approved on March 1, 1933 (47 Stat. 1383; U. S. C., title 28, sec. 599a).

The present measure proposes to disregard this statutory limitation and to provide for the payment of the sum of $449.10 to Joseph W. Parse as compensation for services he claims to have rendered but for which he failed to submit accounts within the time fixed by law.

In a letter to this Department on the subject, Mrs. Lulu G. Parse, wife of Joseph W. Parse, stated that in the early part of February 1934 her husband suffered a severe attack of illness, which incapacitated him from submitting his accounts within the prescribed period.

It appears that the services were rendered by the Commissioner in due course and that he is entitled to compensation therefor. However, it does not appear that the accounts in question have ever been examined on the merits, as they were disallowed solely because they were not rendered within the prescribed period. The accounts should be audited for the purpose of ascertaining the amount of compensation that may be owing to Mr. Palmer in the event it is determined to waive his failure to file his accounts in time. I suggest that, to accomplish this result, the bill be amended to read as follows:

"That the Comptroller General of the United States be, and he is hereby, authorized and directed to settle and allow the claim of Joseph W. Parse for compensation for services rendered as United States commissioner in the eastern district of Arkansas from December 1, 1933, to November 30, 1936, inclusive, notwithstanding the fact that accounts therefor were not submitted by the commissioner within 1 year after the rendition of such services in accordance with the provisions of the act of March 1, 1933 (47 Stat. 1383)."

If the bill is amended in this manner, I find no objection to its enactment. With kind regards,

Sincerely yours,

FRANK MURPHY, Attorney General.

О

AMENDING THE FEDERAL HOME LOAN BANK ACT, HOME OWNERS' LOAN ACT OF 1933, TITLE IV OF THE NATIONAL HOUSING ACT, ETC.

JUNE 23, 1939.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. STEAGALL, from the Committee on Banking and Currency, submitted the following

REPORT

[To accompany H. R. 6971]

The Committee on Banking and Currency, to whom was referred the bill (H. R. 6971) to amend the Federal Home Loan Bank Act, Home Owners' Loan Act of 1933, title IV of the National Housing Act, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

One of the major purposes of the creation of the Federal Home Loan Bank System was the supplying of a source of reserve credit for building and loan associations, savings and loan associations, and similar institutions, and for savings banks and insurance companies engaged in making long-term home-mortgage loans. The function of the Federal home-loan banks in supplying their members with funds during periods of financial emergency may be taken as established. In order to perform this function, the banks must be authorized to lend on the type of collateral which their members will ordinarily have available. Most of the members of the Federal home-loan banks can properly make mortgage loans on mortgages which are not "home mortgages" as defined in the act; that is, on properties for more than four families.

Section 1 of the present bill would permit the banks to accept as collateral mortgages on properties designed principally for residential use for more than four families. Unless the mortgage is insured under title II of the National Housing Act the advance may not exceed 50 percent of the unpaid principal or 40 percent of the value of the property, whichever is smaller. In no case may an advance be made on a mortgage which exceeds $100,000.

Section 2 amends the act to increase the maturity of eligible mortgages, now 20 years, to not to exceed 25 years. It also permits the banks to make advances to their members secured by obligations issued pursuant to the Federal Home Loan Bank Act, or the National Housing Act, or other obligations which a member may lawfully have available.

These amendments made by sections 1 and 2 of the bill in no way broaden the existing powers of the members to make such mortgages; they affect only the power of the banks to make advances to their member institutions on the security of such mortgages.

Section 3 of the bill would permit the home-loan banks to obtain funds in times of stress through the placing of discretion in the Secretary of the Treasury to purchase obligations of the banks and to use the proceeds of sale of Government bonds for that purpose. The adoption of this provision would be merely in accordance with the precedents already established of Government support of permanent Federal financial instrumentalities by purchase or guaranty of obligations. The Federal Reserve System, agencies of the Farm Credit Administration, the Federal Deposit Insurance Corporation, and various other agencies now have this support. The same section also authorizes the Secretary of the Treasury to purchase obligations issued under title IV of the National Housing Act. These are obligations issued by the Federal Savings and Loan Insurance Corporation, and are included in order that the Insurance Corporation may have a source of funds during times of financial stress when it might not be able to raise them through the sale of its obligations to the public.

Section 4 of the bill provides for court action for the enforcement of the Board's rights and powers and of its orders, rules, and regulations. Such actions are to be brought in the Board's name or in that of the United States, and may be brought by the Board through the Attorney General or through its own attorneys subject to the Attorney General's directions, as the latter may determine.

Under section 5 of the bill the Board may examine the Federal home-loan banks whenever necessary, but it will not be compelled to examine them except once a year, instead of twice each year as at present. The section also relates to annual reports to the Board by members of the Federal home-loan banks, the examination, audit, and supervision of such members and of institutions insured by the Federal Savings and Loan Insurance Corporation, and the payment of costs thereof by the institutions examined, audited, and supervised. It deals with these subjects by express provisions instead of leaving them in part to implication as under the present law.

Section 6 of the bill makes changes in the penal provisions of the Federal Home Loan Bank Act. It adds Federal savings and loan associations, other members of Federal home-loan banks, and the Federal Savings and Loan Insurance Corporation to the institutions protected by these provisions. It provides punishment to persons who make false statements, derogatory to the financial condition or affecting the solvency or financial standing of these institutions. Punishment is also provided for the making of loans or gratuities by these institutions and their personnel to the examiners employed to examine them, and for certain types of misconduct on the part of the examiners themselves.

Section 7 of the bill would clarify the question whether office buildings of the Home Owners' Loan Corporation in the District of Co