SCOTLAND COUNTY, N. C. JUNE 29, 1937.-Referred to the House Calendar and ordered to be printed Mr. WEAVER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 7092] The Committee on the Judiciary, to whom was referred the bill (H. R. 7092) to provide for the transfer of Scotland County to the middle judicial district of North Carolina, after consideration, report the same favorably to the House with an amendment with the recommendation that as amended the bill do pass. The committee amendment follows: Page 1, line 4, at the end of the line, strike out the word "by"; strike out all of lines 5, 6, and 7, and insert in lieu thereof the following: The State of North Carolina is divided into three districts to be known as the eastern, the middle, and the western districts of North Carolina. The eastern district shall include the territory embraced on the 1st day of January 1926, in the counties of Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Vance, Wake, Washington, Warren, Wayne, and Wilson. The terms of the District Court for the Eastern District of North Carolina shall be held at Raleigh, a one-week civil term, on the second Mondays in September and March; and at the following places on each succeeding Mondays thereafter: Fayetteville, Elizabeth City, Washington, New Bern, Wilson, Wilmington, and Raleigh, the term at Raleigh being a criminal term only. The clerk of the court for the eastern district shall maintain an office in charge of himself or deputy at Raleigh, at Wilmington, at New Bern, at Elizabeth City, at Washington, at Fayetteville, and at Wilson which shall be kept open at all times for the transaction of the business of the court. The middle district shall include the territory embraced on the 1st day of January 1926, in the counties of Alamance, Alleghany, Ashe, Cabarrus, Caswell, Chatham, Davidson, Davie, Durham, Forsyth, Guilford, Lee, Hoke, Montgomery, Moore, Orange, Person, Randolph, Richmond, Rockingham, Rowan, Scotland, Stanly, Stokes, Surry, Watauga, Wilkes, and Yadkin. The terms of the district court for the middle district shall be held at Rockingham on the first Mondays in March and September; at Salisbury on the third Mondays in April and October; at Winston-Salem on the first Mondays in May and November; at Greensboro on the first Mondays in June and December; at Wilkesboro on the third Mondays in May and November; and at Durham on the first Monday in February and the fourth Monday in September: Provided, That the cities of Winston-Salem, Rockingham, and Durham shall each provide and furnish at its own expense a suitable and convenient place for holding the district court until Federal buildings containing quarters for the court are erected at such places. The western district shall include the territory embraced on the 1st day of January 1926, in the counties of Alexander, Anson, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, Madison, Macon, McDowell, Mecklenburg, Mitchell, Polk, Rutherford, Swain, Transylvania, Union, and Yancey. Terms of the district court for the western district shall be held in Charlotte on the first Mondays in April and October, at Shelby on the fourth Monday in September and the third Monday in March, at Statesville on the fourth Mondays in April and October, at Asheville on the second Mondays in May and November, and at Bryson City on the fourth Mondays in May and November: Provided, That the cities of Shelby and Bryson City shall each provide and furnish at their own expense suitable and convenient places for holding the court at Shelby and Bryson City. The clerk of the court for the western district shall maintain an office, in charge of himself or a deputy, at Charlotte, at Asheville, at Statesville, at Shelby, and at Bryson City, which shall be kept open at all times for the transaction of the business of the court. There shall be a judge appointed for the said middle district in the manner now provided by law who shall receive the salary provided by law for the judges of the eastern and western districts, and a district attorney, marshal, clerk, and other officers in the manner and at the salary now provided by law. All causes in the said middle district in equity, bankruptcy, or admiralty, in which orders and decrees have already been made and which are now in process of trial, shall continue and remain subject to the jurisdiction of the judge of that district by whom the same shall have been made and before whom the same shall have been partially tried and determined. The substance of the original bill is in no way changed by the committee amendment. The amendment merely accomplishes by rewriting the section of the law what the bill as introduced does by striking out and inserting words in the section. The amendment follows the directions of the original bill to strike out and insert certain words. This amendment is made to make the bill comply with the Judiciary Committee's rule with respect to drafting of amendments to existing law. STATEMENT The sole purpose and effect of this proposed legislation is to transfer Scotland County, N. C., from the eastern to the middle district of that State. The bill has the approval of the Attorney General for the reasons given in the following communication from the Attorney General to the chairman of the Committee on the Judiciary, with which the committee concurs: Hon. HATTON W. SUMNERS, OFFICE OF THE ATTORNEY GENERAL, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: I have your letter of May 18, requesting my views concerning the merits of the bill (H. R. 7092) to provide for the transfer of Scotland County to the middle judicial district of North Carolina. The State of North Carolina comprises three judicial districts eastern, middle, and western. The terms of the district court for the middle district are held at Rockingham, Salisbury, Winston-Salem, Greensboro, Wilkesboro, and Durham, respectively (U. S. C., title 28, sec. 98, amended). The bill under consideration proposes to transfer Scotland County from the eastern to the middle district. Laurinburg, the county seat of Scotland County, is 22 miles from Rockingham, where terms of the United States District Court for the Middle District are held, and is about 40 miles from Fayetteville, which is the nearest point in the eastern district where terms of the court are now held. The proposed transfer of Scotland County from the eastern to the middle district would thus diminish the amount of travel for counsel, parties, and witnesses and thereby result in a saving both for the Government and private litigants. I am informed by the Acting Director of the Bureau of the Budget that this legislation is in accord with the program of the President and I recommend its enactment. Sincerely yours, HOMER CUMMINGS, Attorney General. In compliance with clause 2a of rule XIII existing law is printed below in roman, with matter proposed to be stricken out enclosed in black brackets, and new matter proposed to be inserted printed in italics: The State of North Carolina is divided into three districts to be known as the eastern, the middle, and the western districts of North Carolina. The eastern district shall include the territory embraced on the 1st day of January 1926, in the counties of Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, [Scotland] Tyrrell, Vance, Wake, Washington, Warren, Wayne, and Wilson. The terms of the District Court for the Eastern District of North Carolina shall be held at Raleigh, a one-week civil term, on the second Mondays in September and March; and at the following places on each succeeding Mondays thereafter: Fayetteville, Elizabeth City, Washington, New Bern, Wilson, Wilmington, and Raleigh, the term at Raleigh being a criminal term only. The clerk of the court for the eastern district shall maintain an office in charge of himself or deputy at Raleigh, at Wilmington, at New Bern, at Elizabeth City, at Washington, at Fayetteville, and at Wilson which shall be kept open at all times for the transaction of the business of the court. The middle district shall include the territory embraced on the first day of January 1926, in the counties of Alamance, Alleghany, Ashe, Cabarrus, Caswell, Chatham, Davidson, Davie, Durham, Forsyth, Guilford, Lee, Hoke, Montgomery, Moore, Orange, Person, Randolph, Richmond, Rockingham, Rowan, Scotland, Stanly, Stokes, Surry, Watauga, Wilkes, and Yadkin. The terms of the district court for the middle district shall be held at Rockingham on the first Mondays in March and September; at Salisbury on the third Mondays in April and October; at Winston-Salem on the first Mondays in May and November; at Greensboro on the first Mondays in June and December; at Wilkesboro on the third Mondays in May and November; and at Durham on the first Monday in February and the fourth Monday in September: Provided, That the cities of Winston-Salem, Rockingham, and Durham shall each provide and furnish at its own expense a suitable and convenient place for holding the district court until Federal buildings containing quarters for the court are erected at such places. The western district shall include the territory embraced on the first day of January 1926, in the counties of Alexander, Anson, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, Madison, Macon, McDowell, Mecklenburg, Mitchell, Polk, Rutherford, Swain, Transylvania, Union, and Yancey. Terms of the district court for the western district shall be held in Charlotte on the first Mondays in April and October, at Shelby on the fourth Monday in September and the third Monday in March, at Statesville on the fourth Mondays in April and October, at Asheville on the second Mondays in May and November, and at Bryson City on the fourth Mondays in May and November: Provided, That the cities of Shelby and Bryson City shall each provide and furnish at their own expense suitable and convenient places for holding the court at Shelby and Bryson City. The clerk of the court for the western district shall maintain an office, in charge of himself or a deputy, at Charlotte, at Asheville, at Statesville, H. Repts., 75-1, vol. 279 at Shelby, and at Bryson City, which shall be kept open at all times for the transaction of the business of the court. There shall be a judge appointed for the said middle district in the manner now provided by law who shall receive the salary provided by law for the judges of the eastern and western districts, and a district attorney, marshal, clerk, and other officers in the manner and at the salary now provided by law. All causes in the said middle district in equity, bankruptcy, or admiralty, in which orders and decrees have already been made and which are now in process of trial, shall continue and remain subject to the jurisdiction of the judge of that district by whom the same shall have been made and before whom the same shall have been partially tried and determined. LICENSE TAX ON ALASKA SHIPPING JUNE 29, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. SwOPE, from the Committee on Territories, submitted the following REPORT [To accompany S. 2254] The Committee on Territories, to whom was referred the bill (S. 2254) to amend section 460, chapter 44, title II, of the act entitled "An act to define and punish crimes in the District of Alaska and to provide a code of criminal procedure for said District", approved March 3, 1899, as amended, having considered the same, report it. back to the House with the recommendation that the bill be amended as follows: Page 2, lines 11 to 13. Strike all of section 2 and insert in lieu thereof a new section to be known as section 2 and to read as follows: SEC. 2. Nothing in this Act shall abrogate, limit, or curtail the powers granted the Territorial Legislature of Alaska to impose taxes or licenses, nor limit or curtail any powers granted to the Territorial Legislature of Alaska by the Act of Congress approved August 24, 1912, entitled An Act to create a legislative assembly in the Territory of Alaska, to confer legislative powers thereon, and for other purposes", or by any other Act of Congress. and that as so amended the said bill be passed. The purpose of the bill is adequately stated in the report thereon of the Senate Committee on Territories and Insular Affairs, the same reading as follows: [S. Rept. No. 510, 75th Cong., 1st sess.] The Committee on Territories and Insular Affairs, to whom was referred the bill (S. 2254) to amend section 460, chapter 44, title 2, of the act entitled "An act to define and punish crimes in the District of Alaska and to provide a code of criminal procedure for said District", approved March 3, 1899, as amended, by striking from said section (now sec. 176, Compiled Laws of Alaska, 1933) two paragraphs thereof reading as follows: "Freight and passenger transportation lines, propelled by mechanical power registered in the Territory of Alaska, or not paying license or tax elsewhere, and river and lake steamers, as well as transportation lines doing business wholly |