In the presence of Patrolman Herrick I made inquiry, from Robert Taylor, an employee at the Louie Leaf Garage, as to what he would estimate the cost price for placing the Ford in serviceable condition, to which he informed me that hẹ would say about $65, that would be by replacing the broken parts with second parts. Upon further inquiry, Mr. Taylor informed me that the Ford car was worth in the neighborhood of $100 to $125 before it was wrecked.

With Patrolman Herrick, I next proceeded to the Schuering farm located about 6 miles south of Dunlap, Iowa, where we met and conferred with both Mr. Scheuring and Mr. Eggers, the latter being reluctant in giving out any details regarding the accident, saying that "You will have to see Mr. Scheuring about that." We then questioned Mr. Scheuring who informed us that he estimated his car at about $300 and that he had lost a valuable horse which was caused by the accident, that he was en route to his home with some medicine for his horse at the time of the accident. Upon further inquiry, Mr. Scheuring informed us, that he estimated the speed which Mr. Fayhe was driving at the time of the accident was around 65 to 70 miles per hour, while he, Scheuring, was traveling about 20 to 25 miles per hour.

I arranged with Mr. Scheuring to appear at his attorney's office at Logan, Iowa at 4 p. m., said date, and for him to bring Mr. Eggers with him.

With Patrolman Herrick, I then proceeded to Woodbine, Iowa, where we interviewed Investigator Fayhe who appeared to be gaining in strength, he being dressed up and was sitting in a chair. We questioned him regarding the accident and he related in substance, the same as he did the first time I interviewed him. He estimated his speed, at the time of the accident, about 35 miles per hour. He appeared in good spirits and seemed anxious to return to his home in Denver, Colo.

With Patrolman Herrick, I returned to Logan, Iowa, where in the presence and hearing of the county attorney by name, Carl Burbridge and Deputy Sheriff Tobe Baldwin we interviewed one Harold Sweet who appeared on the scene immediately after it occurred. Mr. Sweet informed me that he was a resident of Harrison County and lived with his family at Missouri Valley, Iowa, that he was employed by the Iowa Highway Commission, that his duties was to maintain and keep in condition, a portion of highway No. 30, that on the 30th day of January 1937, he was working on said highway between Woodbine and Dunlap, Iowa, that at about 11:30 a. m. of said day, as nearly as he could remember, he was doing some work on said highway in the vicinity north of Woodbine, Iowa, that he was traveling toward Woodbine and happened to look into the rear vision mirror and saw a large gush of steam some distance north on the highway, he said that he was sure there had been a car accident so went to the scene where he saw a man lying on the parking on the west side of the highway in a pool of blood, he also noticed he was bleeding badly, he thought him dead but in a short space of time he moved and groaned, at this time a car appeared on the scene with two men, whose names, I did not learn, they loaded Mr. Fayhe into their car and took him to Dr. Walsh's office at Woodbine, Iowa.

Mr. Sweet further stated, that another automobile came from the south, picked up the injured persons from the Ford car and took them to Dunlap, Iowa. Upon further inquiry, Mr. Sweet informed us that cars were on the east side of the paving, that the Ford was clear off the paving and partly down in a ditch while the Plymouth was partly on the paving and some distance south of the Ford.

I next returned to Dunlap, Iowa, with Deputy Sheriff Tobe Baldwin and there met and interviewed Dr. Wm. W. Walvoord, who upon inquiry informed me that he attended Mr. Scheuring and Eggers on January 30, 1937, that both had received several cuts on their faces, that the nature of their injuries were not serious. Further that both appeared at his office again on Monday, February 1, 1937, at which time he again examined them, that they were doing fine and there was no danger of any complications setting in, that they had no internal injuries of any kind. Upon further inquiry, Dr. Walvoord informed me that the doctor's bill for both Scheuring and Eggers would not exceed $8. I learned that Dr. Walvoord had practiced in Dunlap for a number of years and bears a very good reputation, both as a citizen and physician.

I next returned to Logan, Iowa, where I met Mr. Scheuring and Eggers at the county attorney's office accompanied by their attorney, a brother of the county attorney, by name Gale Burbridge. I asked them in the presence, of their attorney, if they thought there was any criminal negligence on the part of Investigator Fayhe at the time of the accident, both answered to the negative, I then asked the county attorney, Carl Burbridge, if he had any intention of starting any criminal proceedings against any of the persons involved in the accident, to which he answered "No," he had no such intentions, that from what he had learned

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there was no criminal intent on any one's part. I informed them that Investigator Fayhe was not in any condition to talk to at this time, that I thought it best for him to return to his home at Denver, Colo., as soon as his physical condition would permit, to which all agreed. I informed them that he could be reached at that point later, either through correspondence or personal contact.

I next returned to Woodbine, Iowa, with Sheriff Cross, and there again interviewed Dr. Walsh as to the physical condition of Investigator Fayhe, and was informed that his condition was very satisfactory, the he had been in his office for a short time this p. m. and received an electric treatment which seemed to relieve his pain. Dr. Walsh also informed me that he was sure Mr. Fayhe would be able to proceed to his home at Denver, Colo., on Wednesday p. m., that he had looked up the means of transportation, and a Pullman would be available at Woodbine, Iowa, over the Chicago & North Western R. R. and no changes necessary between this point and Denver, further that he would personally take him to the train and see that he gets a safe start.

With Sheriff Cross, I again checked the wrecked Plymouth car at the Wharton Garage at Woodbine, Iowa. I asked Earl Dick, a mechanic employed by said garage, to examine the car and give me an estimate as to what price he would ask to place same in good serviceable condition. Mr. Dick made a thorough examination and estimated the cost price about $350.

I also made a thorough examination of the car and would estimate the cost price, according to the 1935 Plymouth, we wrecked at Sioux City, Iowa, to be at the least calculation in the neighborhood of $250. Patrolman Herrick, an old, experienced auto repairman, estimated the cost of repairs of the Plymouth car at about $275, while Deputy Sheriff Tobe Baldwin estimated the cost price at about $250.

It is my candid opinion that the Plymouth car is wrecked to the extent that the costs for placing same in good serviceable condition would exceed its initial value, that it would be advisable to sell same without any repairs being made. I received, from Dr. Walsh, a written statement covering his activities with Investigator Fayhe, which the following is a true copy:

To Whom It May Concern:

WOODBINE, Iowa, February 2, 1937.

This is to certify that on January 30, 1937, Thos. P. Fahey, of Denver, Colo., was brought to my office about 11:30 a. m., after an automobile wreck on No. 30, 11⁄2 miles north of here.

Mr. Fahey at this time was in a dazed condition from concussion and face covered with blood from several cuts on head. He had a cut on the right side of forehead which required four stitches. He had a piece of intigument missing from left side of bridge of nose, also a piece gone from left cheek. The ninth rib was broken about 11⁄2 inch from spine. There was several pieces of skin missing from right shin. X-rays of the spine and leg did not disclose any fractures. Of this date Mr. Fahey condition is about normal and mental condition seems very good and symptons of concussions have about all disappeared. Respectfully submitted.

JOHN G. WALSH, M. D.

I am enclosing the original copy of this statement with this report. There is no doubt in my mind but that Mr. Scheuring and Eggers both are looking for reimbursement for both the damage done to their automobile and perhaps medical treatment from Investigator Fahey, therefore I have made this investigation quite thorough in order that all concerned might be familiar with the circumstances surrounding the accident. Respectfully submitted.

(Signed) OSCAR HANSON, Investigator, Alcohol Tax Unit, Sioux City, Iowa.

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA, OTTUMWA DIVISION

V. H. Scheuring, Plaintiff, v. Thomas Fahey, Defendant. No. 240 Law

VERDICT AND JUDGMENT

We, the jury, find for the plaintiff, V. H. Scheuring, and assess the amount of his recovery at $500.

Filed September 28, 1937.

(Signed) ERNEST BEAVER, Foreman of Jury.

(Signed) N. F. REED, Clerk.

It is therefore ordered and adjudged that the plaintiff, V. H. Scheuring, do have and recover of and from the defendant, Thomas Fahey, judgment for $500 with interest at 5 percent per annum from this date, and costs of this action taxed at $---

It is further ordered that defendant be given 30 days in which to file a motion for a new trial.

Entered of record, Journal G, page 428, September 28, 1937.

Elmer Eggers, Plaintiff, v. Thomas Fahey, Defendant. No. 241 Law

VERDICT AND JUDGMENT

We, the jury, find for the plaintiff, Elmer Eggers, and assess the amount of his recovery at $287.50.

Filed September 28, 1937.

(Signed) ERNEST BEAVER,

Foreman of Jury.

(Signed) N. F. REED, Clerk.

It is therefore ordered and adjudged that the plaintiff, Elmer Eggers, do have and recover of and from the defendant, Thomas Fahey, judgment for $287.50 with interest at 5 percent per annum, from this date, and costs of this action taxed at

It is further ordered that defendant be given 30 days in which to file a motion for a new trial.

Entered of record, Journal G, page 429, September 28, 1937.

UNITED STATES OF AMERICA,

Southern District of Iowa, ss:

I, N. F. Reed, clerk of the United States District Court in and for the Southern District of Iowa, do hereby certify that the annexed and foregoing is a true and full copy of the original verdict and judgment in the following cases: No. 240 Law, V. H. Scheuring, plaintiff v. Thomas Fahey, defendant; No. 241 Law, Elmer Eggers, plaintiff v. Thomas Fahey, defendant; now remaining among the records of the said court in my office.

In testimony whereof, I have hereunto subscribed my name and affixed the seal of the aforesaid court at Ottumwa, Iowa, this 1st day of February, A. D. 1939.

CERTAIN POSTMASTERS

JULY 14, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. GATHINGS, from the Committee on Claims, submitted the

following

REPORT

[To accompany H. R. 5348]

The Committee on Claims, to whom was referred the bill (H. R. 5348), for the relief of certain postmasters, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to provide for the relief of certain postmasters.

The bill was introduced at the request of the Acting Postmaster General, and the details are fully set forth in his letter to Hon. Ambrose J. Kennedy, chairman of this committee, dated February 17, 1939, which letter is appended hereto and made a part of this report.

Hon. AMBROSE J. KENNEDY,

Chairman, Committee on Claims,

POST OFFICE DEPARTMENT, Washington, D. C., February 17, 1939.

House of Representatives.

MY DEAR MR. KENNEDY: Under date of June 16, 1938, Private, No. 618 (75th Cong.) for the relief of certain postmasters and certain contract employees who conducted postal stations, was approved. This legislation grew out of the fact that owing to certain decisions of the Comptroller General it was not possible to credit payments which had been authorized by the Department through oversight of the illegality of entering into contracts with Government employees to conduct contract stations in Government buildings. However, the service required by the Department had been satisfactorily performed.

Through oversight one such claim was not brought to the attention of your committee. That claim of the postmaster at St. Louis, Mo., in the amount of $50, is made the subject of the first section of the attached draft of a tentative private relief bill. This claim has equal merit with those allowed by Congress in the act of June 16, 1938, and it is accordingly believed that relief should be accorded to the postmaster.

The objection of section 2 of the attached bill is to remedy the following case: Walker D. Peay, former assistant postmaster of Clinton, S. C., was suspended from duty May 3, 1934, due to embezzlement and his removal was effected June 5, 1934. At the direction of the Department the postmaster paid Mr. Peay for annual leave (21 days) accruing to him subsequent to the date of his suspension. This involved an expenditure of $111.46. The General Accounting Office disallowed this item in the postmaster's account as the action taken was contrary to the decision of the Comptroller General dated March 31, 1936 (A-78351), published on page 202, volume 16, Decisions of the Comptroller General. It was held that in such a case the employee is not entitled to pay following the date of suspension. This decision was reaffirmed by the Comptroller General in a letter dated November 5, 1936. The case was referred to a post-office inspector for the purpose of making collection from Mr. Peay or from the bonding company. The inspector assigned to this case was unable to make collection. Inasmuch as the postmaster acted in good faith and at the direction of the Department, it is believed that he should be relieved of all financial responsibility.

Section 3 of the bill herewith submitted has for its purpose the reimbursement of Mr. C. C. Ausherman, the former postmaster at Fort Lauderdale, Fla. Upon instructions from the First Assistant Postmaster General, Mr. Ausherman paid his village carriers at the rate of $1,200 per annum effective May 1, 1924, instead of the annual rate authorized by law of $1,000. Although this increase in salary was certified to the General Accounting Office, as there was no provision of law authorizing the increase, the General Accounting Office withheld credit in the account of Mr. Ausherman. Upon informal inquiry of the General Accounting Office, it has been ascertained that the overpayment amounted to $179.81, representing excess payments as follows:

The postmaster paid $19.51 and there was a debit in his account of 57 cents, leaving a balance due the Government of $160.87. In view of the fact that the former postmaster acted upon instructions from the Department, it is believed that in equity the former postmaster is entitled to be relieved of the charge against him.

This bill is submitted with the earnest request that your committee give it careful consideration.

Very truly yours,