company must offer to deposit the amount of the insurance in the registry of the court, and to abide the judgment of the court. The company can only be discharged from liability by the payment of the insurance as directed by the court.

The bill seeks to cure an existing evil. The evil is the inability of the holder of the fund which is claimed by divers claimants, who reside in different States, to obtain proper relief in a tribunal having jurisdiction over all such claimants. Under the present judicial system there is no such tribunal, and therefore no relief to the holder of such fund. The holder of the fund, being without knowledge of the facts which constitute the respective claims of the rival claimants, is at its own expense forced to defend the separate actions. Instances exist in which the holder of the fund has had judgments rendered against it and been compelled to pay a claim twice, though it had always acknowledged its liability and was always ready to pay to the person legally entitled thereto.

PRESENT LAW.

No civil suit shall be brought in any district court against any person by any original process or proceedings in any other district than that whereof he is an inhabitant; or, if the action is between citizens of different States, suit shall be brought only in the district in which either plaintiff or defendant resides. (Judicial Code, 1911, sec. 51.)

The six exceptions to the rule established by section 51 are found in sections 52, 53, 54, 55, 56, and 57 of the same code.

The provisions of section 57, in which it is provided as follows: Actions to enforce legal or equitable liens, or to remove any incumbrance, lien, or cloud upon title to real or personal property within the district where the suit is brought, service may be had on nonresident defendants by publication, would be an ample remedy and cure the evil complained of if a policy of life insurance or the proceeds thereof, when contested by rival claimants, were property within the district. The Federal courts in many decisions have determined that neither a policy of insurance nor the proceeds thereof, when contested for by rival claimants, was property within the district. Stockbridge v. Insurance Co. (193 Fed., 558); Evans v. Scribners Sons (58 Fed., 303).

Independently of any expressed statutory authority there is no power in the court of equity to order actual personal service to be effected upon a defendant beyond its territorial jurisdiction.

The following cases illustrate how double recovery against the insurance company on one cause of action may be obtained under the present law: Mutual Life v. McGrew (188 U. S., 291); N. Y. Life v. Smith (67 Fed., 694); Gleason v. Ins. Co. (97 N. E., 35); Washington Life v. Gooding (49 S. W., 123); Morgan v. Mutual Benefit (83 N. E., 438); Mahr v. Norwich (28 N. E., 391); Dunlevy v. N. Y. Life (204 Fed., 670, and 214 Fed., 1).

PROPOSED REMEDY.

Under this bill, if enacted into law, process from district courts, in cases of interpleader, may be served in other districts by the marshal in such other district on the defendants residing in such other district,

and the court issuing such process shall have jurisdiction of the

cause.

Congress has authority to do this, as there are no constitutional prohibitions to the contrary, and it is given power under the Constitution to establish courts without limitation as to the service of process.

The practice here suggested for the Federal courts has been adopted by many States. Courts having only county jurisdiction have been authorized, where some of the defendants are residents of other counties, to issue process to such counties. (Alabama, Code, 1907, sec. 5300; Arizona, R. S., 1913, sec. 434; California, Civ. Code, 1906, sec. 406; Florida, C. L., 1914, sec. 1401; Georgia, Ann. Code Prac., sec. 5529; Illinois, Stat. Ann., 5654; Maine, R. S., 1903, sec. 16, p. 721; Michigan, Howell Stat., sec. 12673; Mississippi, Code, 1906, sec. 3915; Nebraska, R. S., 1913, sec. 7627; Missouri, R. S., 1909, sec. 1764; Montana, R. C., 1907, sec. 6514; Nevada, R. L., 1912, sec. 789; North Carolina, Pell's Revision, 1908, sec. 432; North Dakota, C. L., 1913, sec. 8534; Ohio, Ann. Gen. Code, sec. 11282; Oklahoma, R. L., 1910, sec. 4707; Oregon, Lord's Laws, sec. 52; South Dakota, Com. L., 1910, sec. 15, p. 538; Tennessee, Code, 1906, sec. 4526; Texas, Civ. St., 1914, art. 1851; Utah, Com. Laws, 1907, sec. 2941; Wyoming, Com. St., 1910, sec. 4355.)

Congress having full power under the Constitution, it is reasonable to expect that it will so enlarge the powers of the district courts as to overcome and eliminate the existing evil, and this the bill in question is intended to accomplish.

COMPENSATION OF GOVERNMENT EMPLOYEES
SUFFERING INJURIES WHILE ON DUTY.

MAY 11, 1916.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. GARD, from the Committee on the Judiciary, submitted the

following

REPORT.

[To accompany H. R. 15316.]

The Committee on the Judiciary had under its consideration H. R. 13621, a bill "To provide compensation for employees of the United States suffering injuries in the course of their employment, and for other purposes," and after full hearings and consideration a great many amendments were adopted and many changes made in the text of the bill and a committee print showing such changes and amendments was ordered by said committee. This committee print was given renewed consideration and several amendments thereto were adopted, so that the completed bill as it was finally determined upon by the Committee on the Judiciary was reintroduced on May 3, 1916, as H. R. 15316. Such amended and reintroduced bill is in the language following:

H. R. 15516. Sixty-fourth Congress, first session.

A BILL To provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States shall pay compensation as hereinafter specified for the disability or death of an employee resulting from a personal injury sustained while in the performance of his duty, but no compensation shall be paid if the injury or death is caused by the willful misconduct of the employee or by the employee's intention to bring about the injury or death of himself or of another, or if intoxication of the injured employee is the proximate cause of the injury or death. SEC. 2. That during the first three days of disability the employee shall not be entitled to compensation except as provided in section nine. No compensation shall at any time be paid for such period.

SEC. 3. That if the disability is total the United States shall pay to the disabled employee during such disability a monthly compensation equal to sixty-six and twothirds per centum of his monthly pay, except as hereinafter provided.

H R-64-1-vol 2- -68

SEC. 4. That if the disability is partial the United States shall pay to the disabled employee during such disability a monthly compensation equal to sixty-six and twothirds per centum of the difference between his monthly pay and his monthly wage earning capacity after the beginning of such partial disability. The commission may, from time to time, require a partially disabled employee to make an affidavit as to the wages which he is then receiving. In such affidavit the employee shall include a statement of the value of housing, board, lodging, and other advantages which are received from the employer as a part of his remuneration and which can be estimated in money. If the employee, when required, fails to make such affidavit, he shall not be entitled to any compensation while such failure continues, and the period of such failure shall be deducted from the period during which compensation is payable to him. SEC. 5. That if a partially disabled employee refuses to seek suitable work or refuses or neglects to work after suitable work is offered to, procured by, or secured for him, he shall not be entitled to any compensation.

SEC. 6. That the monthly compensation for total disability shall not be more than $66.67 nor less than $33.33, unless the employee's monthly pay is less than $33.33, in which case his monthly compensation shall be the full amount of his monthly pay. The monthly compensation for partial disability shall not be more than $66.67. In the case of persons who at the time of the injury were minors or employed in a learner's capacity and who were not physically or mentally defective, the commission shall, on any review after the time when the monthly wage-earning capacity of such persons would probably, but for the injury, have increased, award compensation based on such probable monthly wage-earning capacity. The commission may, on any review after the time when the monthly wage-earning capacity of the disabled employee would probably, irrespective of the injury, have decreased on account of old age, award compensation based on such probable monthly wage-earning capacity. SEC. 7. That as long as the employee is in receipt of compensation under this act, or, if he has been paid a lump sum in commutation of installment payments, until the expiration of the period during which such installment payments would have continued, he shall not receive from the United States any salary, pay, or remunera tion whatsoever except in return for services actually performed, and except pensions, for service in the Army or Navy of the United States.

SEC. 8. That if at the time the disability begins the employee has annual or sick leave to his credit he may, subject to the approval of the head of the department, use such leave until it is exhausted, in which case his compensation shall begin on the fourth day of disability after the annual or sick leave has ceased.

SEC. 9. That immediately after an injury sustained by an employee while in the performance of his duty, whether or not diability has arisen, and for a reasonable time thereafter, the United States shall furnish to such employee reasonable medical, surgical, and hospital services and supplies unless he refuses to accept them. Such services and supplies shall be furnished by United States medical officers and hospitals, but where this is not practicable shall be furnished by private physicians and hospitals designated or approved by the commission and paid for from the employees' compensation fund. If necessary for the securing of proper medical, surgical, and hospital treatment, the employee, in the discretion of the commission, may be furnished transportation at the expense of the employees' compensation fund.

SEC. 10. That if death results from the injury within six years the United States shall pay to the following persons for the following periods a monthly compensation equal to the following percentages of the deceased employee's monthly pay, subject to the modification that no compensation shall be paid where the death takes place more than one year after the cessation of disability resulting from such injury, or, if there has been no disability preceding death, more than one year after the injury:

(A) To the widow, if there is no child, thirty-five per centum. This compensation shall be paid until her death or marriage.

(B) To the widower, if there is no child, thirty-five per centum if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or marriage.

(C) To the widow or widower, if there is a child, the compensation payable under clause (A) or clause (B) and in addition thereto ten per centum for each child, not to exceed a total of sixty-six and two-thirds per centum for such widow or widower and children. If a child has a guardian other than the surviving widow or widower, the compensation payable on account of such child shall be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen, or, if over eighteen, and incapable of self-support, becomes capable of self-support.

(D) To the children, if there is no widow or widower, twenty-five per centum for one child and ten per centum additional for each additional child, not to exceed a