1919, February 24; 40 Stat. 1057, 1075-1079; (Revenue Act of 1918): Page 1921, November 19; 42 Stat. 221; Chippewa Indians____ 1921, November 23; 42 Stat. 227, 262; New World Life Insurance 1 Company.. 405 1924, January 25; 43 Stat. 1; Chippewa Indians__ 1 1925, January 30; 43 Stat. 798; Chippewa Indians.. 1 1925, February 28; 43 Stat. 1080, 1087-1088; Bennett 602 1925, December 17; 44 Stat., Part 1, 898; Choctaw and Chicka saw 271 1926, February 19; 44 Stat. 7; Chippewa Indians...- 1 1926, February 26; 44 Stat. 9: Cunningham. Barker and Boothe, Receivers. 1926, May 14; 44 Stat. 555; Chippewa Indians_ 1926, July 2; 44 Stat. 780, 781; Holland............. 1928, April 11; 45 Stat. 423; Chippewa Indians___ 1928, May 29; 45 Stat. 791: Walker. 333 468 1 341 1 486 Mohawk Mining Co.... 548 1928, May 29; 45 Stat. 791, 800; Pacific Fruit Exchange---. 300 1928, May 29; 45 Stat. 791, 816, 818; Davis... 579 1928, May 29; 45 Stat. 791, 842; New World Life Insurance Company.. 405 1928, May 29; 45 Stat. 791, 861; Mohawk Rubber Co.. 50 1928, May 29; 45 Stat. 791, 874; McCallum.. 606 1928, May 29; 45 Stat. 883, 906; Fourchy. 564 1928, May 29; 45 Stat. 998; Moreno.. 268 1932, April 25; 47 Stat. 137; Eastern or Emigrant Cherokees___ 452 1932, June 6; 47 Stat. 169, 178; Walker.. 486 1932, June 6; 47 Stat. 169, 224; New World Life Insurance 1933, June 16; 48 Stat. 195, 207; Allied Agents, Inc.......... 315 1934, April 26; 48 Stat. 614, 618; Porter.. 172 1934, June 18; 48 Stat. 979; Chippewa Indians....... 1 1935, April 9; 49 Stat. 120, 124: Porter... Holland.. 1935, June 14; 49 Stat. 375; Griffin__ 1935, August 12; 49 Stat. 571, 596; Choctaw and Chickasaw _ _ _ 1938, June 25; 52 Stat. 1197; General Bronze Corporation____ Page 172 341 522 271 612 UNITED STATES CODE Title 28, Section 257; Choctaw and Chickasaw Title 28, Sections 597, 598; Moreno. Title 34, Section 417; Greenwald... Title 35, Section 69; Martin___ Title 37, Section 37; Porter. 271 268 264 249 172 347 142 Title 40, Section 258a (5); Gillen_. Title 49, Section 6; Virginian Railway... REVISED STATUTES Section 1448; Greenwald... 264 AMENDMENTS TO RULES ORDER OF THE COURT AMENDING RULE 39 It is ordered this 1st day of May, 1939, that RULE 39 of the Rules of the Court of Claims be and the same is amended by adding thereto Rule "39 (a)" as follows: "39 (a). In every Indian case, unless otherwise ordered by the court or stipulated by the parties, the hearing in the first instance shall be limited to the issues of fact and law relating to the right of the plaintiff to recover, and the court shall enter its judgment adjudicating that right. If the court holds in favor of the plaintiff, the judgment shall be in the form of an interlocutory order, reserving the determination of the amount of the recovery and the amount of offsets, if any, for further proceedings. After the entry of such an interlocutory order, either party may move for a new trial under the provisions of Rules 91 to 97, inclusive." XVIII SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 1938 AMENDED COPYRIGHT RULE 1 Rule 1 of the Copyright Rules heretofore promulgated by this Court (214 U. S., Appendix) is amended, effective September 1, 1939, to read as follows: "Proceedings in actions brought under section 25 of the Act of March 4, 1909, entitled "An Act to amend and consolidate the acts respecting copyright", including proceedings relating to the perfecting of appeals, shall be governed by the Rules of Civil Procedure, in so far as they are not inconsistent with these rules." JUNE 5, 1939. XIX LEGISLATION RELATING TO THE COURT OF CLAIMS [PUBLIC-No. 81-76TH CONGRESS] [S. 198] AN ACT To provide that records certified by the Court of Claims to the Supreme Court, in response to writs of certiorari, may include material portions of the evidence, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3, subsection b, of the Act of February 13, 1925 (43 Stat. 936, 939, c. 229; U. S. Code, title 28, sec. 288 b), be amended so as to read as follows: "(b) In any case in the Court of Claims, including those begun under section 180 of the Judicial Code, it shall be competent for the Supreme Court, upon the petition of either party, whether Government or claimant, to require by certiorari, that the cause be certified to it for review and determination of all errors assigned, with the same power and authority, and with like effect, as if the cause had been brought there by appeal. In such event, the Court of Claims shall include in the papers certified by it the findings of fact, the conclusions of law, and the judgment or decree, as well as such other parts of the record as are material to the errors assigned, to be settled by the Court. "The Court of Claims shall promulgate rules to govern the preparation of such record in accordance with the provisions of this section. "In such cases the Supreme Court shall have authority to review, in addition to other questions of law, errors assigned to the effect that there is a lack of substantial evidence to sustain a finding of fact; that an ultimate finding or findings are not sustained by the findings of evidentiary or primary facts; or that there is a failure to make any finding of fact on a material issue." Approved, May 22, 1939. XX |