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Commodities purchased to Apr. 30, 1944, and status of funds as of Apr. 30, 1944; refugee relief and foreign war relief program, Treasury Department, Procurement Division-Continued

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Memorandum for the Director, Bureau of the Budget:

(Attention: Mr. F. J. Lawton, Administrative Assistant)

Subject: Foreign war relief funds.

1. Reference is made to your letter of 13 May 1944, requesting the War Department to report on its operations under allocations made by the President from the appropriation "Foreign war relief" through April 30, 1944.

2. The War Department has been allocated as of April 30, 1944, a total of $15,000,000 under this appropriation, allocations of $5,000,000 having been made in each of the fiscal years 1942, 1943, and 1944. Of the total amount allocated to the Department, obligations of $4,946,945 have been incurred up to April 30, 1944, leaving an unobligated balance of $10,053,055 as of that date.

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3. The War Department has acted as the procuring agency for the American Red Cross in the procurement of drugs, dental equipment, surgical instruments and appliances, laboratory equipment, X-ray equipment and supplies, and general hospital supplies. Because of the critical nature of these items the Department has not been able to meet the demands of the American Red Cross which accounts for the large unobligated balance. The supplies furnished have been used for the relief of people destitute or ill as a result of hostilities or invasion and have been distributed to refugees in various foreign countries. It is expected that the report of the American Red Cross will further detail the distribution of these supplies. By authority of the Secretary of War:

GEORGE J. RICHARDS,

Major General, General Staff Corps, Budget Officer for the War Department. о

FIDELITY TRUST COMPANY ET AL. AGAINST THE UNITED STATES

LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS OF THE UNITED STATES, TRANSMITTING, IN RESPONSE TO SENATE RESOLUTION NO. 185 (77TH CONG.), A CERTIFIED COPY OF THE COURT'S SPECIAL FINDINGS OF FACT AND CONCLUSION OF LAW IN THE CASE OF FIDELITY TRUST COMPANY ET AL. AGAINST THE UNITED STATES

AUGUST 9 (legislative day, August 8), 1944.-Referred to the Committee on Claims and ordered to be printed

COURT OF CLAIMS OF THE UNITED STATES,

OFFICE OF THE CLERK, Washington, D. C., August 5, 1944.

In re Fidelity Trust Company et al. v. The United States, Congressional No. 17767, and 71 other cases.

The Honorable the PRESIDENT OF THE SENATE OF THE UNITED STATES.

SIR: In compliance with Senate Resolution 185 of November 10, 1941, and section 151 of the Judicial Code, section 257, title 28, of the United States Code, I transmit herewith certified copy of the court's special findings of fact and conclusion of law, together with opinion by Chief Justice Whaley rendered by this court on June 5, 1944, in the above-entitled cases.

Respectfully,

JOHN W. TAYLOR,
Assistant Clerk.

[Court of Claims of the United States. Decided June 5, 1944. Cong. No. 17767 Fidelity Trust Company. Cong. No. 17768 Maryland Trust Company, Successors to Continental Trust Company; Cong. No. 17769 Baltimore Trust Company (John D. Hospelhorn, Receiver); Cong. No. 17770 Safe Deposit & Trust Company of Baltimore; Cong. No. 17771 Union Trust Company of Maryland; Cong. No. 17772 Citizens National Trust & Savings Bank, Successors to Citizens Trust & Savings Bank; Cong. No. 17773 Wells Fargo Bank and Union Trust Company, Successors to the Union Trust Company; Cong. No. 17774 International Trust Company; Cong. No. 17775 Phoenix State Bank and Trust Company, Successors to State Bank; Cong. No. 17776 The Stamford Trust Company; Cong. No. 17778 Citizens Bank and Trust Company (M. A. Smith Liquidator); Cong. No. 17779 Harris Trust & Savings Bank: Cong. No. 17780 Continental National Bank and Trust Company of Chicago, Successors to Continental & Commercial Trust & Savings Bank; Cong. No. 17781 Continental Illinois National Bank and Trust Company of Chicago, Successors to Hibernian Banking Association; Cong. No. 17782 Continental Illinois National Bank & Trust Company of Chicago, Successors to Illinois Trus' & Savings Bank; Cong. No. 17783 Continental Illinois National Bank & Trust Company of Chicago, Successors to Illinois Trust & Savings Bank; Cong. No. 17784 Peoples Trust & Savings Company: Cong. No. 17785 Security Trust Company: Cong. No. 17786 First National Bank & Trust Company, Successors to the Phoenix & Third Trust Company; Cong. No. 17787 State Bank & Trust Company; Cong.

S. Docs., 78-2, vol. 12– -57

No 17789 Franklin County Trust Company; Cong. No. 17790 Security Trust Company: Cong. No. 17791 Berkshire Trust Company, Formerly Berkshire Loan & Trust Company: Cong. No. 17792 Springfield Safe Deposit & Trust Company; Cong. No. 17793 Detroit Trust Company, Successors to Security Trust Company; Cong. No. 17794 Union Guardian Trust Company, Formerly Known as Union Trust Company, by E. B. Finley, Jr., M. E. Bowlus, and E. A. Edwards, Liquidating Trustees; Cong. No. 17795 Mercantile-Commerce Bank and Trust Company, Formerly Mercantile Trust Company: Cong. No. 17796 Mercantile-Commerce Bank and Trust Company, Formerly Mercantile Trust Company: Cong. No. 17797 Mississippi Valley Trust Company: Cong. No. 17799 Hudson Trust Company: Cong. No. 17800 The Paterson Sarings Institution: Cong. No. 17802 Morristown Trust Company; Cong. No. 17803 The Cumberland National Bank of Bridgeton, Successors to Cumberland Trust Company: Cong. No. 17804 Brooklyn Trust Company; Cong. No. 17805 Kings County Trust Company: Cong. No. 17806 The National City Bank of New York, Success078 to the Peoples Trust Company (Brooklyn, N. Y.); Cong. No. 17807 Marine Trust Company of Buffalo, Successors to Buffalo Trust Company: Cong. No. 17808 Marine Trust Company of Buffalo, Successors to Bankers Trust Company; Cong. No. 17809 Chemical Bank & Trust Company, Successors to United States Mortgage & Trust Company; Cong. No. 17810 Title Guarantee & Trust Company (of New York City, New York), Successors to Manufacturers Trust Company (of Brooklyn, New York); Cong. No. 17811 Bank of New York, Successors to Bank of New York and Trust Company, Successors to New York Life Insurance and Trust Company: Cong. No. 17812 Bank of New York, Successors to Bank of New York and Trust Company, Successors to New York Life Insurance and Trust Company; Cong. No. 17813 Lawyers Trust Company, Successors to Central Realty Bond and Trust Company; Cong. No. 17814 United States Trust Com pany; Cong. No. 17816 First Trust & Deposit Company, Successors to Trust & Deposit Company of Onodaga; Cong. No. 17817 First Trust and Deposit Company, Successors to City Bank Trust Company, Cong. No. 17818 First Trust and Deposit Company, Successors to Central City Trust Company; Cong. No. 17819 The City Savings Bank & Trust Company; Cong. No. 17820 Fifth Third Union Trust Company, Successors to Union Savings Bank & Trust Company; Cong. No. 17821 Central National Bank of Cleveland, Successors to the United Banking & Savings Company; Cong. No. 17822 Central National Bank of Cleveland, Successors to the United Banking & Savings Company; Cong. No. 17823 The Union Trust Company, Successors to Broadway Savings & Trust Company (Rodney P. Lien, Superintendent of Banks of Ohio, Liquidator); Cong. No. 17824 The Union Trust Company, Successors to State Banking & Trust Company (Rodney P. Lien, Superintendent of Banks of Ohio, Liquidator); Cong. No. 17825 The Toledo Trust Company, Formerly Toledo Savings Bank & Trust Company; Cong. No. 17826 The Easton Trust Company; Cong. No. 17827 Central Trust Company; Cong. No. 17828 Harrisburg Trust Company: Cong. No. 17829 Fidelity-Philadel phia Trust Company, Successors to Logan Trust Company; Cong. No. 17830 Germantown Trust Company: Cong. No. 17831 Girard Trust Company; Cong. No. 17832 Liberty Title & Trust Company, Successors to German American Title & Trust Company; Cong. No. 17833 Liberty Title & Trust Company, Successors to German American Title & Trust Company; Cong. No. 17854 United Security Trust Company, Formerly United Security Life Insurance and Trust Company (John C. Bell, Jr., Secretary of Banking of the Commonwealth of Pennsylvania, Receiver); Cong. No. 17835 United Security Trust Company, Formerly United Security Life Insurance and Trust Company (John C. Bel, Jr., Secretary of Banking of the Commonwealth of Pennsylvania, Receirer); Cong, No. 17836 Integrity Trust Cpany, Successors to the West Philadelphia Title & Trust Company: Cong. No. 17837 Fidelity Trust Company, Formerly Fidelity Title & Trust Com pany, Cong. No. 17838 Miners National Bank of Wilkes-Barre, Successors to Wyoming Valley Trust Com pany; Cong. No. 17839 First National Bank of Sunbury. Successors to Sunbury Trust & Safe Deposit Company; Cong. No. 17840 Wakefield Trust Company; Cong. No. 17841 7ion's Savings Bank & Trust Company; Cong. No. 17843 The Lynchburg Trust & Savings Bank; Cong. No. 17844 Seattle-First National Bank (Seattle, Washington), Successors to the Spokane & Eastern Trust Company (Spokane, Washington); V. The United States]

STATEMENT

This case having been heard by the Court of Claims, the court, upon the evidence and the report of a commissioner, makes the following:

SPECIAL FINDINGS OF FACT

1. S. 1645 (77th Congress. 1st Session) is entitled "A bill for the relief of the Fidelity Trust Company, of Baltimore, Maryland, and others." After its second reading it was referred to the Committee on Claims, and by resolution S. Res. 185, November 10, 1941 (77th Congress, 1st Session), was referred to the Court of Claims.

2. S. 1645 provides:

* *

That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated to *. [There follows a list of 78 trust companies in various sections of the United States with sums of money set out. These trust companies with the exception of 6 which are referred to in finding 3 are the plaintiffs involved in these proceedings.]

The final paragraph of the bill reads:

Said sums represent a refund of the bankers' special tax illegally collected in view of the decisions of the Supreme Court of the United States in the case of Fidelity and Deposit Company of Maryland against United States (259 U. S. 296) and the United States against Fidelity and Deposit Company of Maryland (266 U. S. 587), and in accordance with the agreement made March 3, 1925, between the Attorney General and the Secretary of the Treasury as a b: sis for the settlement of such claims, or such greater or less sum as may be tound to be due under said decisions and agreement, with interest provided by law.

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