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Supreme Court — Part 7
Page 53
53 / 107
In a case which arose in the district court in Arkansas the question
of the sufficiency of this kind of a disagreement was raised and
the court held that there was no disagreement. Appeal to the
Circuit Court of Appeals of the Bighth Circuit was taken and thet
court eertified the question to the Supreme Court of the United
Btates. That case, John H. Frederick against the United states,
ia now pending in the Buprema Court. Motion to defer decision wes
filed dy the Government with the promise to the Supreme Court
that legislation would be sought to enact into law the practice
and procedure followed by the Veterans’ sfminiatration. This
resolution will make good the promises which were made to these
veterans and on which the veterans acted. In efidition, it will
permit reinatatement of similar eases which were dianissed and
in which the Judgments of dismissal have become final. There
are about 100 such ceses. Further, since it settles by law the
practice followad by the Veterane’ Adwinistration, it will
permit the Veterans’ Administration to proceed in ita adjudi-
Gation of approximately 20,000 cases in which insurance is
baing claimed.
While the joint resolution will protect the eases in court and
will permit men to accept as finel the denial of their clainxs
by the Insurance Claime Council of the Veterans’ Administration,
which is delegated authority to: so act by the Administrator, it
wil) in no way deprive the veteran of the right of appeal to the
Administrator if be does not sare to sccept the subordinate
Bawtnt oo». #1..1
BSUAEL GS £40046
In other words, this is a measure which the Veterans’ Atminia-
tration favors in order to remve the ambiguity now existing.
It will help a great number of World War veterans an4 ex-service
men. ‘ .
"MR. JOHNSON. As I understand the Senstor, the whole design of the
measure is to eliminate a technicality which has wrought in-
ee i ee Fo
just See AM VESETEHS 8 FESEET
"LR. HARRISON. The Senator is absolutely right.
"MR. JOHNSON. I have no objection.
"MR. HARRISON. I ask ununimous consent for the imnediate son-
sideration of the joint resolution.
Wine hed en
2nor Ss being a0
a AAR bm wm
Ww vv | Bow wy .
resolution (H. J. Res. 112) to olerify the definition of ai
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