Page:United States Statutes at Large Volume 48 Part 2.djvu/78

This page needs to be proofread.

1350 73d CONGRESS. SESS. II. ClIS. 270,271. MAY 9,1934. amount appropriated in this Act in excess of 10 per centum thereof on account of services rendered in connection with said claim, any PeDaityforviolation. contraet to the contrary notwithstanding. Any person violating the provisions of this Aet shall be de~med guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved, May 9,1934. [CHAPTER 2il.] AN ACT May 9. 1934. (U.R .2340 .) For the relief of Russell and Tucker and certain other citizens of the States of (Privafe;No:!aiT- Texas, Oklahoma, and Ka.nsa .s. Be it enacted by the Senate and IIouse of Representatives of the M RuSS4lllb'!nd T~ckt:r. United States of America in Congre88 WJ8embled, That Russell and ay ring SUlt In '1' k h' dfLLR 11dSC'1'I district court for loss uc er, a copartners Ip compose 0 ee.ussean . . uc (er; of certain cattle. Floyd and Company, a copartnership comRosed of C. 'V. Floyd al~d S. C . Tucker; Borroum, Tucker, and 0 Connor, a copartnershIp composed of J. L . Borroum, S. C . Tucker, and Martin O'Connor; Rutledge, Browne, and Nichols, a copartnership composed of 'V. J . Rutledge, N. H . Browne, and J. 'V. Nichols; Russell and Wilson a copartnership composed of R. R . Russell and 'V. E. 'Vilson; Rocky Reagan, Alfred A. Drummond, J. M . Dobie, and Dick Colson, their heirs, legal representatives, executors, administrators, and assigns, ti::~!!:ed~f limits· any statutes of limitations being waived, are hereby authorized to ('nter suit in the United States District Court for the North(>rn Dis- trict of Texas for the amount alleged to be due to said claimants from the United States by reason of the alleged neglect and alleged wrongdoing of the officials and inspectors of the United States Bureau of Animal Industry in the dipping of tick-infested cattle in Texas and Oklahoma, which said cattle were shipped from Texas to Osage County, Oklahoma in the years 1918 and 1922. JurisdictiODOf court. SEO. 2 . Jurisdiction is hereby conferred upon said United States District Court for the Northern District of Texas to hear and deter- mine all su~h claims without intervention of a jury. The action in said court may be presented by a single petition making the United States party defendant, and shall set forth all the facts on which the claimants base their claims, and the petition may be verified by the agent or attorney of said claimants, official letters, reports, and public records, or certified copies thereof may be used as evidence, and said court shall have jurisdiction to hear and determine said suit and to enter a judgment or decree for the amount of such damages and costs, if any, as shall be found due from the United States to the said claimants by reason of the alleged negligence and erroneous certification, upon the same principles and under the same measure of liability as in like cases between private parties, ana the Government hereby waives its immunity from suit. And said claim- ants and the United States of America shall have all rights of appeal or writ of error or .other reme?y as in similar ca~es between private PrOri~OI. persons or corporations: Provlded, That such notIce of the SUlt shall toTarmstroBot (talk) 19:06, 8 July 2014 (UTC)e:!iBi. to At· be given to the Attorney General of the United States as mav be provided by order of said court, and upon such notice it shall be the duty of the Attorney General to cause the United States Attorney in such district to appear and defend for the United Stat(>s: And pro- Commencement of videa fu'rt.her, That such suit shall be begun within six months of suit. the date of the approval of this Act. Approved, May 9, 1934.