WARREN ZIMMERMAN SEPTEMBER 30, 1940.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. KENNEDY of Maryland, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany H. R. 4126] The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 4126) entitled "An Act for the relief of Warren Zimmerman", having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate numbered 1, and agree to the same with an amendment, as follows: In lieu of the figures "$304.08" insert "$580.26"; and the House agree to the same. AMBROSE J. KENNEDY, H. H. SCHWARTZ, Managers on the part of the Senate. STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H. R. 4126), for the relief of Warren Zimmerman, submit the following statement in explanation of the effect of the action agreed upon and recommended in the accompanying conference report. This bill as it passed the House provided for the payment of $877.09 for losses sustained because of the failure of the postmaster and postal employees at Lawrence, Kans., to handle mail deposited in that post office in accordance with the understanding and agreement made with this patron. Several items made up this total amount, and the Senate when passing the bill reduced the amount to $304.08, reporting one item alone, namely, postage. At the conference the Senate conferees agreed to also allow an item of $276.18, representing stock used in the transaction. The compromise, therefore, was in the amount of $580.26. 2 AMBROSE J. KENNEDY, ROBERT RAMSPECK, О SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940 SEPTEMBER 30, 1940.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. MAY, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 10338] The Committee on Military Affairs, to whom was referred the bill (H. R. 10338) to promote and strengthen the national defense by suspending enforcement of certain civil liabilities of persons serving in the Military and Naval Establishments, including the Coast Guard, having considered the same, submit the following report thereon, with the recommendation that it do pass with the following amendments. On page 10, line 23, strike out the period and add the following language: provided that such contract may be terminated or canceled by mutual consent of the parties thereto, or their assignees, executed in writing, and possession of such property resumed. On page 11, line 9, strike out the words "and shall" and insert in lieu thereof the word "or". On page 11, line 18, strike out the words "originating prior to the date of approval of this Act and". On page 12, line 19, after the word "court" add the following new section: SEC. 303. No court shall stay a proceeding to resume possession of a motor vehicle, tractor, or the accessories of either, or for an order of sale thereof, where said motor vehicle, tractor, or accessories are encumbered by a purchase money mortgage or conditional sales contract and 50 per centum or more of the purchase price of said property has been paid, but in any such proceeding the court may, before entering an order or judgment, require the plaintiff to file a bond, approved by the court, conditioned to indemnify the defendant, if in the military service, against any loss or damage that he may suffer by reason of any such judgment or order should the judgment or order be set aside in whole or in part. On page 17, strike out all language on lines 21 and 22 down to the word "principal", and insert in lieu thereof: and shall bear interest at a rate to be prescribed by the Secretary of the Treasury, payable with the principal. On page 23, strike out all language in lines 10-12, inclusive, and insert in lieu thereof the following: SEC. 502. That if any person whose application for a homestead entry. On page 24, line 7, strike out the quotation mark. On page 24, strike out all th language on lines 8 to 10, inclusive, and insert in lieu thereof the following: SEC. 503. That if any person whose application for a homestead entry. On page 24, line 23, strike out the numeral "1" and insert in lieu thereof "502". On page 24, line 24, strike out the quotation mark. On page 25, line 4, strike out the quotation mark and after the period add the following language: The Act of July 28, 1917 (40 Stat. 248), is hereby repealed. On page 28, line 17, strike out "508" and insert in lieu thereof "512". On page 33, line 10, strike out "1942" and insert in lieu thereof "1945". On page 33, at the end of the bill, insert the following new section: SEC. 605. The provisions of section 4 of the Act approved August 27, 1940 (Public Resolution Numbered 96, Seventy-sixth Congress), and the provisions of section 13 of the Act approved September 16, 1940 (Public, Numbered 783, Seventy-sixth Congress), are hereby repealed. The purpose of this legislation is to suspend enforcement of certain civil liabilities of persons serving in the Military and Naval Establishments and the Coast Guard. This bill would free persons in the military service of the United States from harassment and injury in connection with their civil affairs during their terms of service and thus enable them the more successfully to devote their entire energies to the military needs of the Nation. It covers such subjects as stay of court proceedings, stay of executions, protection of plaintiffs and defendants absent on military and naval service, noneviction for failure to pay rent, suspending foreclosures of mortgages for failure to meet scheduled installments, suspension of the lapsing of insurance for default in payment of premiums, prohibiting repossession of property purchased under a contract of conditional sale without court action, prohibiting irrevocable sale of property for nonpayment of taxes (for a limited period), extension of the running of the statute of limitations; in short, the method of the Soldiers and Sailors Relief Act consists mainly in suspending proceedings and transactions during the soldier's or sailor's absence so that he might have an opportunity when he returns to be heard and to take measures to protect his interests. A brief analysis of this bill is as follows: GENERAL 1. The provisions of this bill apply only to persons in the military service (a) Who may become defendants in a court action; (b) Who have dependents occupying a dwelling for which the agreed rent does not exceed $80 per month; (c) Who, prior to entry into the service, may have contracted to purchase real estate or personal property upon the installment plan; (d) Who may have obligations relative to mortgages on real estate or personal property; (e) Who may hold policies of life insurance of a face value not exceeding $5,000; (f) Who may have taxes or assessments upon real property falling due; and/or (g) Who may have initiated or acquired a right to lands owned or controlled by the United States. 2. The bill provides remedies in the form of suspension of proceedings and transactions during the time a person is in the military service, only when, in the opinion of a court, such person's opportunity and capacity to perform his obligations are impaired by reason of his being in the military service. 3. More specifically, the bill would authorize a court to (a) Appoint an attorney to represent in court action defendant who is in the military service and unable to appear in person. (b) Stay eviction proceedings for 3 months. (c) Make equitable disposition of cases involving repossession of property and nonpayment of installments, and cases involving nonpayment of sums obligated under mortgage contracts. (d) Stay proceedings in an enforced sale of property for nonpayment of taxes. 4. In the case of life-insurance policies, upon application by a person in military service the Administrator of Veterans' Affairs may guarantee payment of premiums in order to prevent lapsing or forfeiting of policies. Such persons may, within 1 year after leaving the military service, pay up premiums unpaid by them and resume payments of regular premiums. If they do not, the policy lapses and the cashsurrender value accrues to the Government to the extent necessary to meet the cost of the premiums which it has guaranteed. 5. In regard to homestead rights, certain requirements as to occupancy and improvement of lands are waived for persons who are called into the military service. COMPARISON WITH SOLDIERS AND SAILORS CIVIL RELIEF ACT OF 1918 The present bill is, in substance, identical with the act of March 8, 1918 (40 Stat. 440). The principal changes are as follows: ARTICLE I-GENERAL PROVISIONS In defining persons in the military service the language has been changed to conform with that in the National Defense Act. The provisions of this bill apply only to persons in the Military and Naval Establishments. ARTICLE II-GENERAL RELIEF No material change. ARTICLE III-RENT, INSTALLMENT CONTRACTS, MORTGAGES SEC. 300. (1) The $50 limitation of the class of rented dwellings included within the scope of the bill has been increased to $80. This is based partially upon the present value of the dollar as compared to the value in 1918, and partially upon the general higher rents pre |