(concurring):
I oppose with all possible emphasis the suggestion that the court attempt to eliminate sovereign immunity from among the defenses available to the Government in tort cases in this jurisdiction. I think that to be a matter of legislative policy rather than a judicial question. But the immunity of the local municipal corporation from liability for torts committed by it or its agents in the course of the performance of duties imposed by statute is quite a different thing. It does not involve sovereignty in the classic sense; it is a problem concerning municipal functions and the liability therefor. I see no reason why a court should not construe and apply the latter.
I am authorized to say that Senior Circuit Judge DANAHER concurs in the foregoing statement.