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Mr. Gwynne. Would you think the proper way would be to have some
Commission handle that?
Mr. Chapman. I don't think you would need a comnission necessarily,
in that you remember after the last war you had a War Minerals Commission
which operated for twelve or thirteen years after the war or even longer
in settling claims of that nature.
Mr. Gwynne. What was the name of that group?
Iv.r. Chapman. The Yfer Minerals Claims Commission was the name. It
functioned in the Department of the Interior.
Mr. Gwynne, Was there a general group for adjudicating all claims
after the last war?
Mr. Chapman. I don't recall whether there was any general commission
or authority handling all claims. I am familiar with this particular one
because there was a special act and it applied only to war minerals. I
am not familiar in regard to any commission which might have been set up
on general claims.
Mr. Gwynne. Does your statement set out the history of what
happened; that is, the orders that were made and how they were carried
out? Where could the Committee get information on that?
Mr. Chapman, The report which we submitted to the Speaker gives a
great deal of detail on that. I think in regard to the issuance of the
orders and how they were carried out, I think Mr. My-r probably would have
that in his testimony. I am not sure. Of course, we can supply that for
you, Mr. Chairman. We can get that for you.
Mr. Gwynne. I notice, too, in some of the letters I have been receiving the claim is ma.de by people who turned their property over to
some individual.
Mr. Chapman. That is right.
Mr. Gwynne. What they are really complaining about is that individual
embezzled their property. Now should they not first be required to sue and
exhaust their remedies against the individual wrongdoer before they make
claims against the Government?
Mr. Chapman. Where there is a violation of the criminal statutes
they probably would have a remedy in court in individual cases.
Mr. Gwynne. Shouldn't they bo required to pursue that remedy
first?
Mr. Chapman. I assume that this Commission when it is set up would
make such a request.
Mr. Gwynne. Is there anything in this bill requiring it as a
condition precedent?
Mr. Chapman. Mr. Slaughter calls my attention to language on page
3, line 3, which reads: "Existence or intervention of other causes
affecting the damage or loss, including action or nonaction by the claimant
or his representatives, shall be considered by the Commission in determining
the amount of relief that will be fair and equitable according to the facts
as they appear in each case."
Mr. Gwynne. Where is that?
Mr. Chapman, That is on page 3, starting line 3.
Mr. Gwynne. That is stating it rather mildly. The ordinary individual
has a remedy against another individual and he is required to pursue it before
21.
Object Description
| Title | Hearings and Reports on the Evacuation Claims Bills |
| Description | The Committee on the Judiciary from the House of the Representatives presents a report on the evacuation claims bills. |
| Subjects | Redress and reparations |
| Type | image |
| Genre | Reports |
| Language | eng |
| Collection | Hirasuna Family Papers |
| Collection Description | 111 items |
| Project Name | California State University Japanese American Digitization Project |
| Rights | Rights not yet transferred |
Description
| Local ID | csufr_hfp_1461 |
| Project ID | csufr_hfp_1461 |
| Title | Page 21 |
| Creator | Unknown |
| Date Created | 1947 - 05 - 28 |
| Subjects | Redress and reparations |
| Type | image |
| Genre | Reports |
| Language | eng |
| Collection | Hirasuna Family Papers |
| Collection Description | 8.29 x 13.75in |
| Rights | Rights not yet transferred |
| Transcript | Mr. Gwynne. Would you think the proper way would be to have some Commission handle that? Mr. Chapman. I don't think you would need a comnission necessarily, in that you remember after the last war you had a War Minerals Commission which operated for twelve or thirteen years after the war or even longer in settling claims of that nature. Mr. Gwynne. What was the name of that group? Iv.r. Chapman. The Yfer Minerals Claims Commission was the name. It functioned in the Department of the Interior. Mr. Gwynne, Was there a general group for adjudicating all claims after the last war? Mr. Chapman. I don't recall whether there was any general commission or authority handling all claims. I am familiar with this particular one because there was a special act and it applied only to war minerals. I am not familiar in regard to any commission which might have been set up on general claims. Mr. Gwynne. Does your statement set out the history of what happened; that is, the orders that were made and how they were carried out? Where could the Committee get information on that? Mr. Chapman, The report which we submitted to the Speaker gives a great deal of detail on that. I think in regard to the issuance of the orders and how they were carried out, I think Mr. My-r probably would have that in his testimony. I am not sure. Of course, we can supply that for you, Mr. Chairman. We can get that for you. Mr. Gwynne. I notice, too, in some of the letters I have been receiving the claim is ma.de by people who turned their property over to some individual. Mr. Chapman. That is right. Mr. Gwynne. What they are really complaining about is that individual embezzled their property. Now should they not first be required to sue and exhaust their remedies against the individual wrongdoer before they make claims against the Government? Mr. Chapman. Where there is a violation of the criminal statutes they probably would have a remedy in court in individual cases. Mr. Gwynne. Shouldn't they bo required to pursue that remedy first? Mr. Chapman. I assume that this Commission when it is set up would make such a request. Mr. Gwynne. Is there anything in this bill requiring it as a condition precedent? Mr. Chapman. Mr. Slaughter calls my attention to language on page 3, line 3, which reads: "Existence or intervention of other causes affecting the damage or loss, including action or nonaction by the claimant or his representatives, shall be considered by the Commission in determining the amount of relief that will be fair and equitable according to the facts as they appear in each case." Mr. Gwynne. Where is that? Mr. Chapman, That is on page 3, starting line 3. Mr. Gwynne. That is stating it rather mildly. The ordinary individual has a remedy against another individual and he is required to pursue it before 21. |
