Lapas attēli


Memphis, January 21, 1906. DEAR SIR: I have your letter of January 19, with inclosure. The latter I return.

I do not want Nashville attached to my district, nor do I want my jurisdiction extended there by law, and I trust your bill for that purpose will not be pressed

I say to you, as I have written both Judge Lurton and Judge Clark, that I am willing to assist Judge Clark, upon designation by Judge Lurton, whenever such designation does not interfere with work in my own court. Of course I must look after that first.

If the time for holding court at Nashville was changed from the first Monday in May to the first Monday in April, so that the terms there would be the first Monday in April and the first Monday in October, instead of the first Monday in May and the first Díonday in October, as it now is, there would be nothing in the way of me hearing Judge Clark's criminal docket, beginning on the first Mondays in April and October, and upon designation from Judge Lurton I would be willing to do so for a while. However, if this course is taken with it, it will be necessary for you to pass a bill this Congress to change the time for holding court at Nashville from the first Monday in May to the first Monday in April. The bill would be similar to the one you possed last year changing the time for holding court from the first Monday in November to the first Monday in October. If this change in the time of holding the court at Nashville is made you may say to Judge Lurton that I am willing. upon designation, to hear the criminal docket at Nashville for Judge Clark, and that this arrangement can be carried out until my business bere makes it impossible, if ever it does, and then a different arrangement can be made. Very truly, yours,


Washington, D. C. P. S.-You may say to Judge Lurton that I would not be willing to take the bankruptcy business, but only the criminal docket. This I think I can hear within three weeks during the year.


January 26, 1907. Hon. W. P. BROWNLOW,

Washington, D. O.: I accept McCall's agreement criminal docket, under designation. Change time court Nashville and Chattanooga according to dates already before you.





FEBRUARY 2, 1907.-Referred to the House Calendar and ordered to be printed,

Mr. Powers, from the Committee on the Territories, submitted the



[To accompany H. J. Res. 204.]

The Committee on the Territories, to whom was referred the resolution (H. J. Res. 204) disapproving certain laws enacted by the legislative assembly of the Territory of New Mexico, having had the same under consideration, report it back to the House with the recommendation that it do pass.

This legislation of New Mexico to say the least is unique and demonstrates the wisdom of the law giving Congress absolute control over the legislation of the Territories.

It is entitled “An act establishing the law and procedure in certain cases.” In the judgment of the committee the title should be “An act to prevent persons receiving injuries through the carelessness of railroads and other corporations in the Territory of New Mexico from recovering any damages therefor.”

In passing, the committee would say that the act did not commend itself to the governor of New Mexico and was promptly vetoed by him, yet the legislature, for some cause which may be imagined, readily passed it over his veto.

The first section says there shall be no civil liability either at common law or under the statute on the part of any person or corporation for any personal injuries inflicted or death caused by such person or corporation in the Territory unless the person claiming damages shall, within ninety days after such injuries, serve upon the person or corporation against whom it is claimed, and at least thirty days before the commencement of suit, an affidavit, made before some person authorized to administer oaths, giving the name of the person receiving the injuries if the person be other than the alliant, the character and the extent of the injuries, the manner in which they were caused, the names and addresses


of all witnesses, and the facts or any part thereof relating to such injuries, and shall also commence his action within one year after the injuries occurred in the district court in the county in which they occur or where the defendant resides, said action not to be dismissed or discontinued except by consent of the defendant, and all the foregoing conditions are made a condition precedent upon which the right to recover for such injuries can exist, except as provided in section 2.

The second section permits the person or co“poration in the district to file a petition in the district court in the county where the petitioner lives stating that he is informed that some one claims damages for personal injuries or both, setting forth as near as he can the manner in which the claim arose, asking that the party injured be required to appear in said court and tile a statement of his cause of action against such petitioner in the form of a complaint, to which the petitioner may demur or answer, when the matter shall proceed to trial, and damages, if any are awarded, shall be assessed as the law and facts may require, subject to the right of having the matter reviewed on writ of error; but in case the party summoned does not appear the court shall proceed to try and determine the whole matter ex parte.

The third section prohibits a person injured in that Territory to bring any action or maintain any suit in any other State or Territory therefor; and if anybody bas done it, it shall be the duty of the court in the Territory to set down for hearing and try and determine the ques. tion as expeditiously as possible and on short notice to the other party, and gives the court power to compel the parties to appear and plead; and in case it is not triable by jury, the courts shall proceed at once to try and determine the same, and providing also that the bringing of a suit in any other State or Territory shall be construed by the court as a waiver on the right of the person so bringing it to have a trial by jury in the courts of the Territory.

Section 4 authorizes the court to issue an injunction prohibiting the party from prosecuting his suit in any other State or Territory,

Section 5 makes these conditions and limitations apply to all cases in which damages for personal injuries are claimed.

Section 6 does, however, concede the right of parties to compromise the claim.

It seems to the committee that this act throws so many obstacles around the maintenance of an action for personal injuries as to be in many cases a virtual denial of justice and right and that it ought to be expunged from the statutes of New Mexico.


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2d Session.

No. 72276.


FEBRUARY 2, 1907.-Ordered to be printed.

Mr. Tawney, from the Committee on Appropriations, submitted the


[To accompany H. R. 24541.]

The Committee on Appropriations, to whom was referred the bill (H. R. 24541), making appropriations for additional urgent deficiencies in appropriations, with the two amendments of the Senate thereto relating to the Jamestown Exposition, having considered the same, beg leave to report as follows:

The committee recommend that amendment of the Senate numbered 1 be amended as follows:

In lieu of the matter inserted by said amendment insert the following:



For the purpose of aiding in the payment of the cost of the construction, completion, and opening of the Jamestown Ter-Centennial Erpositio on Hampton Roads, Virginia, the sum of eight hundred thousand dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the said sum to be paid to the Jamestown Exposition Company on the request of the president of said company in amounts as folloirs: Three hundred thousand dollars upon the passage of this act, two hundred thousand dollars during the month of February, two hundred thousand dollars during the month of March, and one hundred thousand dollars during the month of April, nineteen hundred and

That to insure the application of all said money to the purposes for which the same is appropriated, the Secretary of the Treasury shall appoint a suitable person or persons whose duty it shall be to supervise the disbursement of the same when paid, as herein provided, and to make a full and complete report thereof to him as he may require: Provided, That the amount hereby appropriated when paid to the Jamestown Erposition Company, as herein provided, shall constitute an indebtedness of the said company to the Government of the United States and shall be repaid by said company to the Treasury of the United States. That for the purpose of protecting the Government and insuring the repayment of said sum of eight hundred thousand dollars the Government shall have the first lien upon the gross receipts of said exposition company from all paid admissions to the groninds of said exposition anıl from all money received from concessions after the opening of said expo

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