Mr. Volstead. And here is a proceeding in whi(c:h the United States
Government, on behalf of all the people, on behalf of the people
who have these claims, brings a suit Now, the party against whom
the suit is brought has ample notice of the fact that that is what it
is seeking to establish, practically a determination in rem so far as
all the others are concerned. It seems to me that if you can say it
is prima facie evidence you may as well say it is conclusive evidence,.
978 TRUST LEGISLATION.
as we say in those rem suits. It is true that when you come to intro-
duce that in evidence you no doubt will have to show it has some
bearing upon the case. I concede that the finding of fact in the
establishment of that judgment may have no bearing upon certain
claims while upqn others it may have a vei*y mfttetial Sliarmg. How-
ever, I am not able to see that this covers it so very clearly.
Mr. Floyd. Do you not think there is a very wide distinction be-
tween declaring that the decree of a court in a suit brought by the
Government against a corporation is conclusive evidence and de-
claring that the failure of an individual to comply with certain re-
quirements of the statute is conclusive of the facts ?

Mr. Noble. I thuik there is a wide distinctioh, and I think that
that is one of the distinctions meant to be pointed out.
