JOHN DUNCAN MCDONALD MAY 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. McGEHEE, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 4712] The Committee on Claims, to whom was referred the bill (H. R. 4712) for the relief of John Duncan McDonald, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 2, line 1, strike out "November 30" and insert in lieu thereof "November 29". The purpose of the proposed legislation is to appropriate the sum of $113.50, to John Duncan McDonald, of Grand Rapids, Mich., which sum represents the amount of fees the said John Duncan McDonald earned while acting as United States commissioner for the western district of Michigan, between November 30, 1943, and March 5, 1944, but not paid because his term as United States commissioner expired on November 29, 1943, and, through an oversight, his appointment for another term was not effective until March 6, 1944. STATEMENT OF FACTS It appears from the evidence that John Duncan McDonald was appointed United States commissioner for the western district of Michigan, by the Hon. Fred M. Raymond, United States district court judge, first term beginning on November 30, 1931, and was subsequently reappointed for 4-year terms in 1935 and 1939, respectively. That due to an oversight on his part, he continued to function as United States commissioner in the district after November 29, 1943, the date his term expired, and until March 5, 1944. That on or about March 6, 1944, Orrie J. Sluiter, the clerk of the United States district court, discovered that the commissioner's term had expired and thereupon, notified the district judge, who on March 6, 1944, reappointed John D. McDonald, commissioner for another 4-year term, to take effect as of November 30, 1943. That the United States Courts Administrative Office, in Washington, D. C., advised that "an appointment of a United States commissioner by a district court, which is made to take effect at a prior date, is inoperative prior to the date when it was actually made." Mr. McDonald continued to function in the period and rendered the services as commissioner, and through the apparent oversight of the clerk and district court judge, the fees for this service totaling $113.50 were withheld. We, your committee, after considering the evidence feel that Mr. McDonald is entitled to remuneration for his services, therefore recommend favorable consideration to the proposed legislation. Appended hereto is the report of the Administrative Office of the United States Courts, together with other pertinent evidence. ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, Hon. DAN R. McGEHEE, Washington, D. C. SUPREME COURT BUILDING, DEAR CONGRESSMAN MCGEHEE: In response to your request of May 1 for information in relation to the claim of Mr. John Duncan McDonald of Grand Rapids, Mich., referred to in a bill pending before your committee (H. R. 4712), I would like to say that the claim is for fees for services rendered by Mr. Mc Donald as United States Commissioner for the western district of Michigan. Our records show that Mr. McDonald's previous appointinent expired on November 29, 1943, and that he was not reappointed until March 6, 1944. He submitted an account for fees for the quarter ended January 31, 1944 and a partial quarterly account for the period from February 1 to March 5, 1944, inclusive. The General Accounting Office disallowed fees amounting to $96.15 in the January quarter, 1944, and $17.35 claimed for the partial quarter (February 1 through March 5) making a total disallowance of $113.50, for the reason that during the period from November 30, 1943 through March 5, 1944, Mr. McDonald was only a de facto and not a de jure commissioner. Such information as I have would indicate that the services for which Mr. McDonald seeks compensation were actually rendered. Whether he should receive the normal compensation notwithstanding his lack of a de jure status would seem to be a question of policy for the Congress. If the Congress should be disposed to allow his claim, I suggest that part of line 1, page 2, be changed to read "expired on November 29, 1943" instead of "expired on November 30, 1943". Sincerely yours, HENRY P. CHANDLER, Director. AFFIDAVIT OF ORRIE J. SLUITER STATE OF MICHIGAN, County of Kent, ss: Orrie J. Sluiter of the city of Grand Rapids, Mich., being duly sworn, deposes and says: That he is clerk of the United States District Court for the Western District of Michigan; and that as such clerk, he is custodian of the records for said court; and that the returns of all United States commissioners appointed by this court are filed in the office of the clerk; That John D. Mc Donald was appointed a commissioner in this court on November 30, 1939, and that his term expired on November 30, 1943; that subsequent to November 30, 1943, returns of hearings had before said commissioner were filed in this office; that said John D. McDonald was again appointed a United States Commissioner on March 6, 1944, nunc pro tunc as of the date of expiration of his last commission, validating all proceedings conducted by said John D. McDonald in the interim between November 30, 1943, and March 6, 1944; That it has come to the attention of this affiant that the Comptroller of the Treasury, under a decision theretofore rendered, cannot allow the fees earned by said John D. McDonald in the period from November 30, 1943, to March 6, 1944, even though the order of this court entered on March 6, 1944, appointing John D. McDonald commissioner, was nunc pro tunc as of November 30, 1943; That said John D. McDonald has performed all the duties of the office required of him under the law from November 30, 1943, to March 6, 1944 in a very satisfactory manner, and based on information and belief, has not been compensated therefor, even though, as hereinabove stated, his appointment on March 6, 1944, was nunc pro tunc as of November 30, 1943. ORRIE J. SLUITER. Subscribed and sworn to before me this 19th day of May 1944. ALICE M. DIEPHUIS. Notary public, Kent County, Mich. My commission expires May 16, 1947. STATE OF MICHIGAN, AFFIDAVIT OF JOHN D. McDONALD County of Kent, ss: John D. McDonald, of Grand Rapids, Mich., being duly sworn, deposes and says: That he was first appointed United States commissioner for the western district of Michigan, southern division, by the Honorable Fred M. Raymond, United States district court judge, on November 30, 1931, and was subsequently reappointed for successive 4-year terms in 1935 and 1939, respectively. That due to an oversight on the part of deponent he continued to function as United States commissioner in the aforesaid district after November 29, 1943, the date on which his 4-year appointment commencing November 30, 1939, expired. That he performed valuable services from November 30, 1943, to and including March 5, 1944, the fees for which, computed on the basis of the statutory fees allowed United States commissioners, total $113.50. That on or about March 6, 1944, Orrie J. Sluiter, the clerk of the United States District Court, Western District of Michigan, discovered that deponent's appointment had expired as of November 29, 1943. Whereupon he notified the Honorable Fred M. Raymond, district judge, who on March 6, 1944, reappointed deponent United States commissioner for another 4-year term, to take effect as of November 30, 1943. That deponent and Orrie J. Sluiter, the clerk of the court, were on March 15 1944, advised by the administrative office of the United States courts at Washington, D. C., that "In accordance with a decision by the Comptroller of the Treasury' (9 Comp. 167) the effective date of Mr. McDonald's reappointment must be considered as March 6, 1944, instead of November 30, 1943" and that, "the decision holds in substance that an appointment of a United States district commissioner by a district court, which is made to take effect at a prior date, is inoperative prior to the date when it was actually made." Wherefor deponent prays for the relief as set forth in H. R. 4712. JOHN D. McDONALD. Subscribed and sworn to before me this 18th day of May 1944. (SEAL) Notary Public, Kent County, Mich. HAZEL BUYZE. Commission expires January 28, 1946. |