![handle is hein.beal/jlca0001 and id is 1 raw text is:
Calendar No. 1563
75m CONGRESS SENATE - REPORT
3d Session No. 1496
AMENDING THE JUDICIAL CODE
JANUARY 5 (calendar day, MARCH 14), 1938.-Ordered to be printed
Mr. DIETERICH, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany S. 2382]
The Committee on the Judiciary, to whom was referred the bill
(S. 2382) to amend the Judicial Code in respect to claims against the
United States for just compensation, after consideration thereof,
report the same favorably to the Senate with the recommendation
that it do pass.
MARCH 16, 1937.
Hon. HENRY F. AsHUnST,
Chairman, Committee on the Judiciary,
United States Senate, Washington, D. C.
My DEAR SENATOR: A considerable financial burden to the Government has
resulted from decisions of the Supreme Court holding that interest should be
recovered in actions for just compensation for the taking of property and in suits
arising out of the use by the Government of patented inventions. Prior to 1923
the courts did not allow interest in such cases, but in Seaboard Air Line Railway
Co. v. United States (261 U. S. 299), decided at that time, the Supreme Court
held that interest was a part of just compensation in cases of taking of prop-
erty by the Government. In 1931 the Court extended this rule to patent cases
(Waite v. United States, 282 U. S. 508).
As appears from the enclosed memorandum dated March 3, 1937, the Govern-
ment has been compelled to pay large sums by way of interest in these two groups
of cases, since the rendition of the above-mentioned decisions. The financial
burden is enhanced by the fact that frequently plaintiffs take advantage of the
6-year statute of limitations and do not institute proceedings promptly, thereby
permitting interest to accrue for an unnecessarily long period of time.
Accordingly, I recommend legislation to reduce the statute of limitations in
these two classes of cases from 6 years to 1 year, with permission to the plaintiff
to sue at any time within the 6-year period if the suit is accompanied by a waiver
of additional interest accruing as a result of such delay. Such a measure would
considerably reduce the amount of interest recoverable from the Government,
without causing any injustice to claimants. A bill to effectuate this proposal is
enclosed herewith.
Sincerely yours, HOMER CUMMINGS,
Attorney General.](ViewImageLocal?handle=hein.beal/jlca0001&div=1&collection=&method=preview&ext=.png&size=3)
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