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Supreme Court — Part 5
Page 18
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8 Lynch vs, United States.
and that Congress did net intend to preserve the right and merely
withdraw consent to sue the United States?" As Congress took
away the contractual right it had no oceasion to provide for with-
drawal of the remedy. Moreover, it appears both from the lan-
guage of the repealing clause and from the context of §17 that
Congress did not aim at the remedy. The clause makes no mention
of consent to sue. The consent to sue had been given originally by
§405 of the Act of 1917, which, like the later substituted sections,
applied to all kinds of insurance, making no specific reference to
‘arly renewable term policies, Obviously, Congress did not in-
.cnd to repeal generally the section providing for suits. For in
March 1933, most of the policies then outstanding were ‘‘converted’'
policies, in no way affected by the Economy Act.'*
That Congress sought to take away the right of beneficiaries of
yearly renewable term policies and not to withdraw their privilege
to sue the United States, appears, also, from an examination of the
other provisions of §17. The section reads:
**All public laws granting medical or hospital treatment, domi-
ciliary care, compensation and other allowances, pensions, dis-
ability allowance, or retirement pay to veterans and the dependents
of veterans of the Spanish-American War, including the Boxer
Rebellion and the Philippine Insurrection, and the World War,
or to former members of the military and naval service for injury
or disease incurred or aggravated in the line of duty in the mili-
tary or naval service (except so far as they relate to persons who
served prior to the Spanish-American War and to the dependents
~f such persons, and the retirement of officers and enlisted men
the Regular Army, Navy, Marine Corps, or Coast Guard) are
nereby repealed, and all laws granting-“or pertaining to yearly re-
newable term insurance are hereby repealed, but payments in
accordance with such laws shall continue to the last day of the
third calendar month following the month durimg which this Act
is enaeted.’71*
1%Veteran Regulation No. 8, promulgated March 31, 1933, pursuant to this
Act provides: ‘‘¥. Except as stated above [matter not here relevant] no pay-
ment may hereafter be made under contracts of yearly renewable term imsur-
ance (including automatic insurance} and all pending claima or claims here-
after filed for such benefits shall be disallowed, ’’
14See Note 11.
15The number of ‘‘converted policies in foree June 30, 1933, was 616,069.
Administrator of Veterana’ Affairs, Report for 1933, pp. 25, 27.
16The rest of the section is as follows:
‘*The Administration of Veterans’ Affairs under the general direction of
the President shall immediately cause to be reviewed all allowed claims undcr
ee ee ee, ee
—r eh
Lynch vs. United States. 9
That section deals principally with the many granta of gratuities
to veterans and dependents of veterans. Congress apparently as-
sumed that there was no difference between the legal gtatus of
BUILT that rr ar Fea aie aideren?
these gratuities and the outstanding contracts for yearly renew-
able term insurance. It used in respect to both classes of benevo-
lences the substantially same phrase. It repealed ‘‘all public
laws’’ relating to the several categories of gratuities; and it re-
pealed ‘‘all laws granting or petraining to’’ such insurance. _No
right to sue the United States on any of these gratuities had been
nétad in tha several statutes conferring them : end the richt to
gran Luis. JL the OUYULGE Stat he deel cal = akg as WY 2a ae
the gratuity might be withdrawn at any time. The dominant in-
tention was obviously to abolish rights, not remedies.
That Congress intended to take away the right under outstand-
ing yearly renewable term policies, and was not concerned with
the consent to sue the United States thereon, appears also from the
saving clauses in §17. These provide that ‘‘all allowed claims
ondar the shoes rofeserca te law)!’ ara ha ad and tha hana
under the above referred to laws’ are to be reviewed ana tié oene-
fits are to be paid ‘‘where a person is found entitled under this
Act’’; and that “‘nothing contained in this section shall interfere
the above referred to laws and where a person ig found entitled under this
Act, authorize payment or allowance of benefits in accordance with the pro-
visions of this Act commencing with first day of the fourth calendar month
following the month during which this Act ia enacted and notwithstanding
the provisions of section 9 of this Act, no further claim in such cases shall be
required. Provided, That nothing contained im thie Section shall interfere with
payments heretofore made or hereafter to be made under contracts of yearly
renewabie term insurance which have matured prior to the date of the enact-
ment of thia Act and under which paymenta have been commenced, or on any
judgment heretofore rendered in a court of competent jurisdiction in any suit
on a contract of yearly renewable term insurance, or which may hereafter be
rendered in any such suit now pending: Provided further, That subject to
auch regulations ag the President may prescribe, allowances may be granted
for burial and funeral expensea and transportation of bodiea (including
preparation of the bodies) of deceased veterans of any war to the places of
burial thereof in a sum not to exceed $107 in any one case.
‘*The provisions of this title shall not apply to compenaation or pension
{except as to rates, time of entry into active service and special statutory
allowances} being paid te veterans disabled, or dependents of veterang who
died, as the result of disease or injury directly connected with active military
or naval service (without benefit of statutory or regulatory presumption of
service connection) pursuant to the provisions of the lawa in effect on the date
of enactment of thia Act. The term ‘compensation or pensions’ aa used in this
paragraph shall not be construed to include emergeney officer’s retired pay
referred to in section 10 of this title. *'
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