CHARLES E. ADER JUNE 15, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. KEATING, from the Committee on the Judiciary, submitted the following REPORT To accompany H. R. 1792 The Committee on the Judiciary, to whom was referred the bill (H. R. 1792) for the relief of Charles E. Ader, having considered the same, report favorably thereon with amendments and recommend that the bill do pass. The amendments are as follows: Page 1, line 9, after the word "July" strike out "23" and insert "22". Page 2, line 3, strike out "12" and insert "11". The purpose of the proposed legislation is to pay the sum of $189.75 to Charles E. Ader, of Winston-Salem, N. C., in full settlement of all claims of the said Charles E. Ader against the United States for compensation for services performed between June 12, 1948, and July 22, 1948 (both dates inclusive), as United States Commissioner for the Middle District of North Carolina. Although the said Charles E. Ader performed the duties of such office during such period, and had occupied such office for a 4-year term ending June 11, 1948, his reappointment to such office was delayed by an oversight until July 23. 1948. STATEMENT OF FACTS A letter from the Assistant Director of the Administrative Office of the United States Courts and a statement from the Clerk of the United States District Court for the Middle District of North Carolina are attached hereto and made a part of this report. The Assistant Director of the Administrative Office of the United States Courts recommends the enactment of this legislation, and the letter is as follows: ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, Hon. EMANUEL CELLER, House of Representatives, Washington, D. C. DEAR CONGRESSMAN CELLER: For Mr. Chandler, I acknowledge your letter of January 31, enclosing copies of the enrolled bill (H. R. 1792) entitled "For the relief of Charles F. Ader." The bill provides for the payment of $189.75 to Mr. Ader in full settlement of all claims against the United States for compensation for services performed between June 12, 1948, and July 23, 1948 (both dates inclusive), as United States Commissioner for the Middle District of North Carolina. The records of this office indicate that Mr. Ader was appointed as United States Commissioner for a term of 4 years effective June 12, 1944, and that his appointment expired at the close of business June 11, 1948. Our records further indicate that the sum of $126.50, representing basic fees for services performed during the period from June 12 to July 22, 1948, inclusive, was deducted in the settlement of his accounts for the periods May 1 to June 30 and July 1 to July 31, 1948, since his term of office had expired and he was not reappointed as United States Commissioner until July 23, 1948 The amount of the additional compensation to which Mr. Ader would have been entitled under the provisions of the Federal Employees Pay Acts of 1945 and 1946 amounts to $63.25. This amount, when added to the basic fees shown above, indicates that the total amount of Mr. Ader's claim ($189.75) is correctly stated. Mr. Ader performed the services as the proposed legislation indicates, and Other than the fact in that respect the claim submitted by him is meritorious. that Mr. Ader's claim should be based on services performed between June 12 and July 22, 1948 (both dates inclusive), and that his appointment expired at the close of business June 11, 1948, the facts are correctly stated in the bill. I have taken the liberty of making the necessary changes on the enclosed copy of this bill for your convenience. With kind regards, Sincerely yours, ELMORE WHITEHURST, IN THE DISTRICT COURT OF THE UNITED STATES for the MIDDLE DISTRICT OF NORTH CAROLINA, GREENSBORO, N. C. A STATEMENT OF THE CLERK The records of the clerk's office of this district disclose that Mr. Charles E. Ader, of Winston-Salem, N. C., was appointed, by Judge Johnson J. Hayes, judge of this district, United States Commissioner for the Middle District of North Carolina, and was assigned to duty in Forsyth County, N. C., on June 16, 1936, for a term of 4 years, from June 12, 1936. On June 12, 1940, another appointment of Mr. Ader, as United States Commissioner for the Middle District of North Carolina, for a period of 4 years, was made by Judge Hayes. Then again, on June 12, 1944, a third appointment of Mr. Ader as United States Commissioner for the Middle District of North Carolina, for a like period of 4 years, was made by Judge Hayes. At the expiration of this third 4-year appointment, on June 12, 1948, the prompt reappointment was overlooked, and when it was discovered Judge Hayes was absent from the Middle District of North Carolina; whereupon a reappointment of Mr. Ader as United States Commissioner for the Middle District of North Carolina was sent to the then acting judge for the Middle District of North Carolina, Judge Don Gilliam, of the Eastern District of North Carolina, and was signed by him on July 23. 1948, effective for a 4-year period from June 12, 1948. In the meantime, Mr. Ader acted in his usual official capacity and rendered his usual bill for his services, covering that period between June 12 and July 23, 1948. All items on that bill were disallowed by the auditor of the Administrative Office of United States Courts, covering the period between June 14 and July 18, 1948. The aggregate of these items is, according to the Administrative Office, $189.75, for which Mr. Ader has received no pay for his services rendered to the United States. This the 3d day of December 1948. HENRY REYNOLDS, Clerk, United States District Court. ESTATE OF KENNETH N. PEEL JUNE 15, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. JENNINGS, from the Committee on the Judiciary, submitted the following REPORT (To accompany H. R. 2095) The Committee on the Judiciary, to whom was referred the bill (H. R. 2095) for the relief of the estate of Kenneth N. Peel, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 6, strike out "$40,000", and insert "$10,000". The purpose of the proposed legislation is to pay the sum of $10,000 to the estate of Kenneth N. Peel as compensation for his death, sustained as a result of being struck by an Army vehicle operated by Army personnel on Old Broadway, near the intersection of Olive Street, in the borough of Westville, N. J., on December 24, 1941. STATEMENT OF FACTS It appears that on December 24, 1941, at about 4:15 p. m., an Army truck, operated by an enlisted man on official business, was proceeding north on Broadway, a four-lane boulevard, in Westville, N. J. The Army truck was traveling in the inside lane and was nearing the intersection of Broadway with Olive Street. At the same time Mr. Kenneth N. Peel was driving his Graham sedan south on Broadway, approaching the same intersection. When the Army driver approached the intersection he gave a signal for a left turn and, without stopping, turned his vehicle to the left and drove directly into the path of the oncoming civilian vehicle, and as a result of such movement the two vehicles collided. The civilian automobile was extensively damaged in the collision and Mr. Peel was severely injured. Mr. Peel was taken from the scene of the accident to the Underwood Hospital in Woodbury, N. J., where he died at 10:35 p. m. on the same date from the injuries received by him in this accident. H. Repts., 81-1, vol. 4-58 |