case the Department of the Army believes that the estate of Mr. West should be compensated in a reasonable amount for the damages sustained on account of his death. The proposed award of $10,000 stated in H. R. 2239 appears to be excessive, but the Department would have no objection to the enactment of the bill if it should be amended to provide for an award to the estate of W. M. West in an amount not exceeding $4,185.90 ($4,000 for the death of Mr. West; $20.90 for medical and hospital expenses; and $165 for burial expenses), which, taking into consideration the age of Mr. West at the time of his death, the fact that he then had little or no earning capacity, and the further fact that he had no dependents, would, it is believed, constitute a fair and reasonable settlement for all of the damages sustained as a result of his death.

For the purpose of accuracy it is recommended that if this bill is favorably considered, the text of the bill be amended to read as follows:

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $4,185.90 to the estate of W. M. West, deceased, of Lake City, Tennessee, in full settlement of all claims against the United States arising out of the death of the said W. M. West on October 20, 1938, from personal injuries sustained by him on October 19, 1938, when he was struck by a Civilian Conservation Corps truck about one mile from Lake City, Tennessee: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000."

This estate has no remedy under the Federal Tort Claims Act (60 Stat. 843; 28 U. S. C. 931), as revised and codified by the act of June 25, 1948 (62 Stat. 933; 28 U. S. C. 1346 (b)), for the reason that the accident giving rise to the decedent's death occurred prior to January 1, 1945.

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

To Whom It May Concern:

GORDON GRAY, Under Secretary of the Army.

LAKE CITY, TENN., July 15, 1948.

This is to certify that I, J. T. Miller, of Lake City, Tenn., saw the accident of the CCC truck which struck Mr. W. M. West about a mile north of Lake City and happened on October 19, 1938, and this accident appeared to be in fault of the driver of the CCC truck enrollee.

Sworn to and subscribed before me this 15th day of July 1948. [SEAL]

My commission expires October 22, 1949.

To Whom It May Concern:

J. T. MILLER.

JACKSON ANDREWS,
Notary Public.

LAKE CITY, TENN., July 15, 1948.

This is to certify, that I, Brack Frederick, of Pleasantview, Ky., saw Mr. W. M. West struck by a CCC truck on highway 25-W, about 1 mile north from Lake City, on October 19, 1938, truck was driven by a CCC enrollee, truck was on lefthand side of highway headed south, if driver was on right-hand side of highway he could have avoided this accident, and no warning was given whatever.

BRACK FREDERICK.

Sworn to and subscribed before me this 15th day July 1948. [SEAL]

Commission expires April 5, 1952.

SARAH HENDERICKSON.

SUSPENSION OF DEPORTATION OF CERTAIN ALIENS

JUNE 28, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. WALTER, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany S. Con. Res. 231

The Committee on the Judiciary, to which was referred the resolution (S. Con. Res. 23) favoring the suspension of deportation of certain aliens, having considered the same, reports favorably thereon with amendments and recommends that the resolution do pass.

The amendments are as follows:

On page 2, line 11, strike out the registration number and the name "A-5919879, Back, Erik Nestor Ernfried."

On page 9, line 13, strike out the registration number and the name "A-3415507, Lynch, James Patrick."

PURPOSE OF THE CONCURRENT RESOLUTION

The purpose of the concurrent resolution is to record congressional approval, in accordance with Public Law 863 of the Eightieth Congress, of suspension of deportation in certain cases in which the Attorney General has suspended deportation for more than 6 months.

The purpose of the amendments is to withhold congressional approval of suspension of deportation of two aliens where additional evidence discovered after the cases had been referred to the Congress by the Attorney General, warrants the reopening of the deportation proceedings.

GENERAL INFORMATION

Since 1940 and prior to July 1, 1948, the law (sec. 19 (c) of the Immigration Act of 1917, as amended) provided in substance that the Attorney General may suspend deportation and adjust the immigration status in the United States of certain deportable aliens. Under this provision of the law, aliens subject to deportation on the so-called technical charges may have their deportation suspended for 6 months

if they are persons of good moral character and if their deportation would result in a serious economic detriment to a citizen of the United States or legally resident alien, who is the spouse, parent, or minor child of such deportable aliens. This privilege does not run in favor of persons subject to deportation for the serious causes such as on the ground of being a political undesirable. a narcotic-law viola tor, a criminal, an immoral person, etc.

Since 1940, such suspensions of deportation accorded by the Attorney General were subject to review by the Congress. If within a designated period of time the Congress did not pass a concurrent resolution stating in substance that the Congress did not favor the suspension of deportation, the suspension was final and the status of the alien involved was adjusted to that of a permanent resident.

Since July 1, 1948, under the provisions of Public Law 863, Eightieth Congress (62 Stat. 1206; 8 U. S. C. 155 (c)), affirmative congressional action in each individual case is required before the suspension of deportation granted by the Attorney General could become final and the status of the alien could be adjusted to that of a permanent resident.

It is the view of the Department of Justice that all cases which were pending before the Congress during the second session of the Eightieth Congress should be handled under the new procedure (affirmative action) prescribed in Public Law 863 of the Eightieth Congress.

Included in the concurrent resolution (S. Con. Res. 23), as amended, are (a) 256 cases out of 298 cases which were referred to the Congress on January 15, 1948, and (b) 2 cases which were referred to the Congress on February 15, 1949. Twenty-five cases out of the 298 which were referred to the Congress on January 15, 1948, have been previously approved and they appear on Senate Concurrent Resolution 40, reported to the House on June 21, 1949; 8 of the cases were subsequently withdrawn by the Attorney General after additional evidence had been discovered which did not warrant the suspension of deportation; 9 cases have not been recommended for favorable action by the Senate and upon additional examination, the committee does not recommend favorable action on them.

In each case which is recommended for approval, a check has been made to determine whether or not the alien (a) has met the requirements of the law, (b) is of good moral character, and (c) is possessed of strong equities which would warrant the suspension of deportation. The committee, after consideration of all the facts in each case referred to in the concurrent resolution (S. Con. Res. 23) recommends that the concurrent resolution do pass.

SUSPENSION OF DEPORTATION OF CERTAIN ALIENS

JUNE 28, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. WALTER, from the Committee on the Judiciary, submitted the

following

REPORT

(To accompany S. Con. Res. 24]

The Committee on the Judiciary, to whom was referred the resolution (S. Con. Res. 24) favoring the suspension of deportation of certain aliens, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.

PURPOSE OF THE CONCURRENT RESOLUTION

The purpose of the concurrent resolution is to record congressional approval, in accordance with Public Law 863 of the Eightieth Congress, of suspension of deportation in certain cases in which the Attorney General has suspended deportation for more than 6 months.

GENERAL INFORMATION

Since 1940 and prior to July 1, 1948, the law (sec. 19 (c) of the Immigration Act of 1917, as amended) provided in substance that the Attorney General may suspend deportation and adjust the immigration status in the United States of certain deportable aliens. Under this provision of the law aliens subject to deportation on the so-called technical charges may have their deportation suspended for 6 months if they are persons of good moral character and if their deportation would result in a serious economic detriment to a citizen of the United States or legally resident alien who is the spouse, parent, or minor child of such deportable aliens. This privilege does not run in favor of persons subject to deportation for the serious causes such as on the ground of being a political undesirable, a narcotic-law violator, a criminal, an immoral person, and so forth.

Since 1940, such suspensions of deportation accorded by the Attorney General were subject to review by the Congress. If within a

designated period of time the Congress did not pass a concurrent resolution stating in substance that the Congress did not favor the suspension of deportation, the suspension was final and the status of the alien involved was adjusted to that of a permanent resident.

Since July 1, 1948, under the provisions of Public Law 863, Eightieth Congress (62 Stat. 1206; 8 U. S. C. 155 (c)), affirmative congressional action in each individual case is required before the suspension of deportation granted by the Attorney General could become final and the status of the alien could be adjusted to that of a permanent resident.

It is the view of the Department of Justice that all cases which were pending before the Congress during the second session of the Eightieth Congress should be handled under the new procedure (affirmative action) prescribed in Public Law 863 of the Eightieth Congress.

The 145 cases included in the concurrent resolution (S. Con. Res. 24) were among 167 cases which were referred to the Congress on February 15, 1948; 18 cases out of the 167 cases referred to the Congress on February 15, 1948, have been previously approved, and they appear on Senate Concurrent Resolution 40, reported to the House on June 21, 1949; 1 case was subsequently withdrawn by the Attorney General after additional evidence had been discovered which did not warrant the suspension of deportation; 3 cases have not been recommended for favorable action by the Senate and, upon additional examination, the committee do not recommend favorable action on them. In each case which is recommended for approval, a check has been made to determine whether or not the alien (a) has met the requirements of the law, (b) is of good moral character, and (c) is possessed of strong equities which would warrant the suspension of deportation.

The committee, after consideration of all the facts in each case referred to in the concurrent resolution (S. Con. Res. 24), recommend that the concurrent resolution do pass.