did not come to a vote. It is unnecessary for us to repeat the arguments which have been fully presented in previous reports in favor of the reform embodied in this third bill. We recommend that the committee be instructed to take measures to secure its introduction at the next session of Congress and to take such steps as it shall deem expedient to procure its passage. A copy is appended and marked Schedule C. 4. Your committee is of opinion that the proposition to provide a way in which in every circuit questions of fact can be submitted to the jury for special consideration and special verdict, should not be given up. But we think that the first part of the bill as proposed by the Association is so important that the two reforms should not be embodied in one bill. We therefore recommend for consideration to the Association a fourth bill which would provide a convenient method for taking a verdict upon specific questions of fact arising on the trial, and thereby enabling the appellate court to dispose of the case finally without the delay and expense of a new trial. This proposed bill is marked Schedule D. In the Commonwealth of Massachusetts an act has been passed which was approved April 19, 1915, which provides for an alternative verdict. This was drawn with reference to the decision of the United States Supreme Court in Slocum vs. New York Life Insurance Co., 228 U. S. 364. This subject of an alternative verdict has been discussed before the Judiciary Committee of the House of Representatives. It was not then received with favor and your committee is of opinion that it would be inadvisable to attempt to bring this particular measure before the attention of Congress at present. We however submit for the information of the Association a copy of the bill referred to, which is marked Schedule E. We have been unable to interest Congress in the bill providing for a reduction of the fees and mileage of United States marshals, which was Schedule E in our report presented in October last. Your committee recommend for adoption the following resolution: Resolved, That the Special Committee to Suggest Remedies and Formulate Proposed Laws be continued with the powers heretofore conferred upon it, and that it be instructed to take such steps as it shall deem expedient to procure the passage of the bill, of which a copy is annexed to this report and marked Schedule C, and also the bill in relation to the fees and mileage of United States marshals referred to in the report of which a copy marked Schedule E was annexed to the report presented in October. EVERETT P. WHEELER, Chairman, SAMUEL C. EASTMAN, ROSCOE POUND, FRANK IRVINE, HENRY D. ESTABROOK, R. E. L. SANER, H. B. F. MACFARLAND, JOHN D. LAWSON, ADELBERT MOOT, ALBERT C. RITCHIE, FREDERICK A. FENNING. SCHEDULE A. AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO CODIFY, REVISE AND AMEND THE LAWS RELATING TO THE JUDICIARY," APPROVED MARCH 3, 1911. Be it enacted by the Senate and House of Representatives in Congress assembled, That the act entitled "An act to codify, revise and amend the laws relating to the judiciary, approved March 3, 1911, be, and the same is hereby, amended by inserting after section 274 thereof three new sections, to be numbered, respectively, 274a, 274b and 274c, reading as follows: SEC. 274a. That in case any of said courts shall find that a suit at law should have been brought in equity or a suit in equity should have been brought at law, the court shall order any amendments to the pleadings which may be necessary to conform them to the proper practice. Any party to the suit shall have the right, at any stage of the cause, to amend his pleadings so as to obviate the objection that his suit was not brought on the right side of the court. The cause shall proceed and be determined upon such amended pleadings. All testimony taken before such amendment, if preserved, shall stand as testimony in the cause with like effect as if the pleadings had been originally in the amended form. "SEC. 274b. That in all actions at law equitable defenses may be interposed by answer, plea or replication without the necessity of filing a bill on the equity side of the court. The defendant shall have the same rights in such case as if he had filed a bill embodying the defense or seeking the relief prayed for in such answer or plea. Equitable relief respecting the subject matter of the suit may thus be obtained by answer or plea. In case affirmative relief is prayed in such answer or plea, the plaintiff shall file a replication. Review of the judgment or decree entered in such case shall be regulated by rule of court. Whether such review be sought by writ of error or by appeal the appellate court shall have full power to render such judgment upon the records as law and justice shall require. "SEC. 274c. That where, in any suit brought in or removed from any state court to any district court of the United States, the jurisdiction of the district court is based upon the diverse citizenship of the parties, and such diverse citizenship in fact existed at the time the suit was brought or removed, though defectively alleged, either party may amend at any stage of the proceedings and in the appellate court upon such terms as the court may impose, so as to show on the record such diverse citizenship and jurisdiction, and thereupon such suit shall be proceeded with the same as though the diverse citizenship had been fully and correctly pleaded at the inception of the suit, or, if it be a removed case, in the petition for removal." Approved March 3, 1915. SCHEDULE B. AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO CODIFY, REVISE AND AMEND THE LAWS RELATING TO THE JUDICIARY," APPROVED MARCH 3, 1911. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 237 of chapter 10 of an act entitled "An act to codify, revise and amend the laws relating to the judiciary," approved March 3, 1911, is hereby amended by adding thereto the following: "It shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination, with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court, although the decision in such case may have been against the validity of the state statute or authority claimed to be repugnant to the constitution, treaties or laws of the United States, or in favor of the title, right, privilege or immunity claimed under the constitution, treaty, statute, commission or authority of the United States.' Approved December 22, 1914. دو SCHEDULE C. SIXTY-THIRD CONGRESS, THIRD SESSION. CALENDAR No. 745. H. R. 12750 (REPORT NO. 853). IN THE SENATE OF THE UNITED STATES. DECEMBER 17, 1914. Read twice and referred to the Committee on the Judiciary. January 5, 1915. Reported by Mr. O'Gorman, without amendment. A BILL RELATING TO PROCEDURE IN UNITED STATES COURTS. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 269 of the Judicial Code, approved March 3, 1911, be, and the same is hereby, amended by adding at the end thereof the following: "No judgment shall be set aside or reversed or a new trial granted by any court of the United States in any case, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless in the opinion of the court to which application is made, after an examination of the entire cause, it shall appear that the error complained of has injuriously affected the substantial rights of the parties." SCHEDULE D. AN ACT RELATING TO PROCEDURE IN UNITED STATES COURTS. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 269 of the Judicial Code, approved March 3, 1911, as amended by the Act of Congress approved March 3, 1915, be, and the same is hereby, amended by adding at the end of section 274c the following: "SEC. 274d. At the trial of an issue of fact by a jury in any civil proceeding, when the determination of the matters in controversy or any of them shall depend on some question or questions of law raised at the trial, it shall be the duty of the judge, by putting particular questions of fact to the jury or otherwise, to ascertain the facts necessary to enable the court finally to determine the said matters according to any decision that may be made of the questions of law, unless in the opinion of the judge such a course is unnecessary or inexpedient in the circumstances of the case. And the court upon an application for judgment, if satisfied that it has before it all the material necessary for determining the said matters or any of them, may give judgment accordingly. But, if it shall be of opinion that it has not sufficient material to enable it to give judgment as to such matters or some of them, it may direct that the application stand over for further consideration and may grant leave to either party to introduce and put into the record additional documentary evidence as to which no question of fact arises, and may, while retaining the verdict originally rendered, order a trial by jury of any questions of fact which the court shall decide are material and which were not disposed of upon the first trial. Upon the said new evidence or the verdicts upon such trials the trial court or the appellate court shall have power to render final judgment and to make any such further order as the case may require." |