Private Law 75–490

That W. D. Davis, of Fort Worth, Texas, as successor to the firm of W. D. and M. L. Davis, statutes of limitations being waived, is authorized to enter suit in the United States District Court for the Northern District of Texas for the amount alleged to be due from the United States on account of loss sustained by the firm arising out of action of inspectors of the Bureau of Animal Industry of the United States Department of Agriculture during 1917 and 1918 in driving cattle infested with Texas fever ticks, or having such cattle driven under their direction or supervision, over the land of the firm, or using the firm’s dipping vats for dipping such tick-infested cattle. For the purposes of such suit said W. D. Davis shall have all the rights of the firm.

Sec. 2.

Jurisdiction is hereby conferred upon said United States District Court for the Northern District of Texas to hear and determine

Procedure, evidence, etc.

such claim without the intervention of a jury. The action in said court may be presented by a petition making the United States party defendant and shall set forth all the facts upon which the claimant bases his claim, and the petition may be verified by the agent or attorney of said claimant; official letters, reports, and public records, or certified copies thereof, may be used as evidence; and said court shall have jurisdiction to hear and determine said suit and to enter a judgment or decree for the amount of such damages and costs, if any, as shall be found due from the United States to said claimant by reason of the alleged action, upon the same principles and under the same measure of liability as in like cases between private parties, and the Government hereby waives its immunity from suit. And said claimant and the United States of America shall have all rights of appeal or writ of error or other remedy as

Provisos.

Notice, etc., to Attorney General.

in similar cases between private persons or corporations: Provided, That such notice of the suit shall be given to the Attorney General of the United States as may be provided by order of said court, and upon such notice it shall be the duty of the Attorney General to cause the United States attorney in such district to appear and defend for the United States: Provided further, That such suit

Commencement of suit.

shall be begun within six months of the date of the approval of this Act.