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AND OTHERS

HEARINGS

BEFORE

SUBCOMMITTEE No. 2 OF THE

COMMITTEE ON THE JUDICIARY

A HOUSE OF REPRESENTATIVES
Cups

SEVENTY-SIXTH CONGRESS

FIRST SESSION

ON

H. R. 3356

A BILL TO SUPPLEMENT THE ACT ENTITLED "AN ACT
CONFERRING JURISDICTION UPON THE COURT OF
CLAIMS OF THE UNITED STATES TO HEAR, CONSIDER
AND RENDER JUDGMENT ON CERTAIN CLAIMS

OF GEORGE A. CARDEN AND ANDERSON T.
HERD AGAINST THE UNITED STATES",
APPROVED JUNE 13, 1934

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CLAIMS OF CARDEN AND HERD AND OTHERS

MONDAY, MARCH 13, 1939

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C.

Subcommittee No. 2 of the Committee on the Judiciary, Hon. Zebulon Weaver presiding, held hearings on March 13 and March 23, 1939, on H. R. 3356, a bill introduced by Mr. Robsion, entitled "A bill to supplement the Act entitled 'An Act conferring jurisdiction upon the Court of Claims of the United States to hear, consider, and render judgment on certain claims of George A. Carden and Anderson T. Herd against the United States', approved June 13, 1934."

There were present before the committee: Hon. John M. Robsion, of Kentucky, author of the bill under consideration;

Messrs. Anderson T. Herd and Ellsworth C. Alvord in behalf of Carden and Herd:

Mr. Robert B. Knowles in behalf of the estate of John H. Carpenter;

Messrs. A. Perry Osborn and William Campbell Armstrong in behalf of Percy R. Pyne II, August Heckscher, Robert Goelet, the executors of the estate of Irving Cox, the executors of the estate of William H. Labrot, and the executors of the estate of B. F. Yoakum, opposing the enactment of the bill, and asking relief on their own behalf.

In the interest of convenience in the examination of the record, the statements of the witnesses are not printed in the order in which they were presented to the subcommittee but have been rearranged. The text of H. R. 3356 is as follows:

[H. R. 3356, 76th Cong., 1st sess.]

A BILL To supplement the Act entitled "An Act conferring jurisdiction upon the Court of Claims of the United States to hear, consider, and render judgment on certain claims of George A. Carden and Anderson T. Herd against the United States," approved June 13, 1934

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the suit Numbered 42711 heretofore instituted in the Court of Claims by George A. Carden and Anderson T. Herd under the Act entitled "An Act conferring jurisdiction upon the Court of Claims of the United States to hear, consider, and render judgment on certain claims of George A. Carden and Anderson T. Herd against the United States", approved June 13, 1934, the said court is hereby authorized and directed to enter judgment for George A. Carden and Anderson T. Herd or their executors or administrators (upon the present pleadings, evidence, and Commissioner's report) awarding just compensation based upon the fair market value per dead-weight ton, on May 3, 1917, of the ships there involved as if registered under the laws of the United States, which shall be not less than the minimum nor more than the maximum value thereof determined by the War Department Claims Board in the matter of the claim of the said George A. Carden and

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