The superintendent of Gallinger Hospital is in favor of the proposed legislation, stating in part as follows: It is my opinion that the object of the bill, H. R. 2860 in favor of Ben Willie Jones, is well warranted and entirely in order. Certainly this individual sustained the loss of a child (of reasonable health and mental development through no fault of his own, when he might in all ordinary circumstances have expected to have his child return to him in normal health, and reimbursement so far as money will go in this respect would seem to be a humane, reasonable, and fair settlement of this tragic event. The Board of Commissioners of the Government of the District of Columbia are also in favor of this bill, stating: In the opinion of the Commissioners the object of the bill is humane and just and the amount proposed to be appropriated as damages appears to be reasonable. The Commissioners concur in the recommendation of the superintendent of Gallinger Municipal Hospital that the bill do pass. Your committee concurs in these opinions and recommends that the bill receive favorable consideration. Appended hereto are the reports of the Board of Commissioners of the District of Columbia and the superintendent of Gallinger Hospital. GOVERNMENT OF THE DISTRICT OF COLUMBIA, Hon. AMBROSE KENNEDY, House of Representatives, Washington, D. C. MY DEAR MR. KENNEDY: The Commissioners have for report, H. R. 2860 (76th Cong., 1st sess.), a bill for the relief of Ben Willie Jones. The bill authorizes the appropriation of the sum of $2,500, and the payment thereof to Ben Willie Jones in complete settlement and satisfaction of all claims of said Ben Willie Jones growing out of the death of his daughter, Thelma Jones, aged 2, who was burned to death on December 16, 1937, while a patient receiving treatment at Gallinger Municipal Hospital. The Commissioners have the honor to transmit herewith the detailed report of the Superintendent of Gallinger Municipal Hospital setting forth the facts and circumstances surrounding the tragic death of this infant. In the opinion of the Commissioners the object of the bill is humane and just, and the amount proposed to be appropriated as damages appears to be reasonable. The Commissioners concur in the recommendation of the Superintendent of Gallinger Municipal Hospital that the bill do pass. Respectfully submitted. M. C. HAZEN, President, Board of Commissioners, District of Columbia. GALLINGER MUNICIPAL HOSPITAL, April 7, 1939. Hon. AMBROSE J. KENNEDY, House of Representatives, Washington, D. C MY DEAR CONGRESSMAN KENNEDY: I have your letter of March 31 in which you request a report covering the facts in respect to the matter raised in a bill introduced in the House of Representatives on January 18, 1939, by Mr. Smith of Virginia. In substance, this bill authorizes the payment by the Secretary of the Treasury of $2,500 to Ben Willie Jones, 1303 South Capitol Street SW., Washington, D. C., in full satisfaction and settlement for the death of his daughter, Thelma Jones, that occurred in Gallinger Municipal Hospital on December 16, 1937, when this 2-year-old child was burned to death. The records of the hospital reveal that Thelma Jones, age 2 years, was admitted to the hospital on December 12, 1937, at 9:45 p. m. At the time this child was suffering from spasmodic croup of several days duration, and which was characterized by elevated temperature, respiratory difficulty, and cough. Following her admission to the hospital this child was found to be primarily in need of treatment to alleviate her respiratory embarrassment, and she was very promptly placed in a croup tent or canopy of linen under which were introduced and where she could receive by inhalation the benefit of medicated fumes produced by an electric croup kettle, while resting in her crib or small bed. As a result of this treatment the child appeared to make satisfactory progress and a favorable outcome in the case was anticipated. On December 16, 1937, at 8:10 p. m., while subject was still in the croup tent, she was examined by the resident physician on duty; her temperature was taken by the nurse on the floor, and by both of these individuals it is reported that the croup tent referred to above was apparently in satisfactory condition and working effectively. For sake of clarity, it should be mentioned here that the arrangement of the bed linen when a croup tent is in use is in accordance with a definite and exact plan with which the nurses in the hospital are familiar, and there was no evidence in this case to indicate that the tent was other than properly set up and in operation according to existing instructions on the subject. At approximately 8:35 p. m. the student nurse, Miss Evelyn Gaynor, noticed an appearance of unusual light showing from the room in which the child under discussion was located. Upon going to this door she discovered that the bed clothing on this child's crib was in flames. She immediately called for help, and the resident physician, Dr. Kenneth F. Laughlin, working on the floor below, responded at once. Without hesitation he entered the room and removed the child from the burning bed but not before she had become burned and asphyxiated from the flames and smoke incident to the burning bed clothing. It was only by the prompt and rather heroic work of this physician that the fire in question did not spread to other parts of the building with probable jeopardy to occupants in other rooms. The body of this child was found upon examination to be extensively burned, and while respirations had not ceased at the time of her removal from the bed, it was impossible to render any treatment effective in nature toward saving her life, and subject was pronounced dead at approximately 8:40 p. m. The official cause of death was: "Generalized burns and shock." A careful investigation of this case was made and in spite of every effort to arrive at the true facts, the exact cause of the accident in question continues to be a mystery. There were no defects present in the mechanical construction of the electric croup kettle referred to herein; the wiring of the building was found upon close checkup to be intact and effective, and so far as can be determined, the inflammable bed clothing comprising this croup tent was not located in too close proximity to the wall plug that was the source of electric current supplying the kettle. Probably the most reasonable conclusion as to the cause of the accident would be that the bed clothing became somewhat disarranged at the time of the doctor's visit which occurred at 8:10 p. m. and was not noticed or rearranged at that time, remaining too close to the electric wire carrying the current to the kettle. A defect in the insulation of this wire may have developed with a resulting spark which caused the nearby bed clothes to ignite, smoulder, and burst into flames. The event in question was distinctly accidental in nature and no specific blame for it can be attributable either to the system in effect for handling such matters, or to any individual involved in the affair. It probably could have been prevented if a nurse had been available for almost constant attention to the room in which this child was assigned. This however was not the case, and it may be said here that some shortage in nursing service on this particular floor at the time in question could be considered indirectly contributory to this death. It is my opinion that the object of the bill, H. R. 2860, in favor of Ben Willie Jones is well warranted and entirely in order. Certainly this individual sustained the loss of a child of reasonable health and mental development through no fault of his own, when he might in all ordinary circumstances have expected to have his child return to him in normal health, and reimbursement so far as money will go in this respect would seem to be a humane, reasonable, and fair settlement of this tragic event. Very truly yours, EDGAR A. BOCOCK, M. D., О JAMES MCCONNACHIE JULY 14, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. SASSCER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2344] The Committee on Claims, to whom was referred the bill (H. R. 2344) for the relief of James McConnachie, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Line 6, strike out the sign and figures "$5,000" and insert in lieu thereof "$3,900". The purpose of the proposed legislation is to pay to James McConnachie, of Austin, Tex., the sum of $3,900, in full settlement of his claim against the United States for damage to his stucco duplex apartment when a United States Army airplane crashed into it at Austin, Tex., on December 7, 1937. According to the records of the War Department, on December 7, 1937, a group of 16 student flyers accompanied by, and under the direction of, an instructor from the attack section, Kelly Field, Tex., were engaged in day and night cross-country flight from Kelly Field, Tex., to Hensley Field (Dallas, Tex.), a distance of approximately 260 miles. The flight was over commercial airways fully equipped with radio and beacon facilities and the trip was accomplished by all without any difficulty, weather conditions being favorable. The return trip to Kelly Field commenced at 5:45 p. m. and the last airplane, piloted by the instructor in charge, cleared Hensley Field at 7 p. m. Specific instructions had been given at both fields to the effect that all student pilots would exercise due precaution and that they would turn back and land at the nearest recognized airport in case the ceiling was under 1,000 feet and visibility was less than at least one beacon light ahead, and that all pilots would keep constantly on the alert for radio instructions. After the departure from Hensley Field, adverse weather conditions set in and radio instructions were issued that all students land at the nearest airport without delay. All student pilots except one, Capt. Fernand A. Avelino, an authorized student pilot of the Mexican Army, obeyed these instructions. At about 8 p. m. an airplane was heard flying over the city of Austin, Tex., apparently attempting to locate the municipal airport and the plane was observed to have done considerable maneuvering in attempting to land. A short time after 8:20 p. m., Captain Avelino apparently temporarily lost control of the plane he was operating, which flew downward, first striking the roof of a house located at 1202 West Twentysecond Street, and then the house owned by Mr. James McConnachie, at 1204 West Twenty-second Street. Mr. McConnachie's house was completely demolished, thereby causing the damage which is the subject of this claim. Mr. McConnachie sought estimates on the cost of replacement of this property and the lowest bid he received was from L. T. Clark, general contractor, Austin, Tex., in the amount of $3,900. The War Department recommends the enactment of appropriate legislation in behalf of Mr. McConnachie, stating in part as follows: Upon review in the War Department of the proceedings of the board of officers which investigated this accident, it was determined that the damage was not due wholly or in part to fault or negligence of Mr. McConnachie or his agents; that the damage was due wholly or in part to fault or negligence of Captain Avelino, acting within the scope of his employment; that the claim is one the settlement of which is not provided for by any law; and that the damage was not covered by insurance. The board recommended that the claim be allowed in the amount of $3,900, which sum the claimant has agreed to accept. Your committee concurs in the opinion of the War Department and recommends the passage of the bill, as amended. Appended hereto is the report of the War Department, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, WAR DEPARTMENT, Washington, June 21, 1938. Chairman, Committee on Claims, House of Representatives. DEAR MR. KENNEDY: Careful consideration has been given to the bill H. R. 10678 (75th Cong., 3d sess.), for the relief of James McConnachie, which you transmitted to the War Department under date of May 31, 1938, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to James McConnachie, of Austin, Tex., the sum of $5,000 in full satisfaction of his claim against the United States for damage to his stucco duplex apartment when a United States Army airplane crashed into it at Austin, Tex., on December 7, 1937. The records of the War Department show that on December 7, 1937, a group of 16 student flyers accompanied by, and under the direction of, an instructor from the attack section, Kelly Field, Tex., were engaged in day and night cross-country flight from Kelly Field, Tex., to Hensley Field (Dallas, Tex.); that Capt. Fernand A. Avelino, an authorized student pilot of the Mexican Army, was one of the pilots who participated in this flight; that the flight was over commercial airways fully equipped with radio and beacon facilities; that the trip from Kelly Field to Hensley Field was accomplished by all without any difficulty, weather conditions being favorable; that the return trip to Kelly Field commenced at 5:45 p. m.; that the last airplane, piloted by the instructor in charge, cleared Hensley Field at 7 p. m.; that Captain Avelino cleared Hensley Field at 6:40 p. m.; that specific instructions had been given at both fields to the effect that all student pilots would exercise due precaution and that they would turn back and land at the nearest recognized airport in case the ceiling was under 1,000 feet and visibility was less than at least one beacon light ahead; that all pilots would keep constantly on the alert for radio instructions; that the distance between Hensley Field and Kelly Field is approximately 260 miles; that after departure from Hensley Field adverse weather conditions set in and radio instructions were issued that all students land at the nearest airport without delay; that all student pilots except Captain Avelino obeyed these instructions; that at about 8:15 p. m. an airplane was heard flying over the city of Austin, Tex., apparently attempting to locate the municipal airport; that the plane was observed to have done considerable maneuvering in attempting to land; that a short time after 8:20 p. m. Captain Avelino apparently temporarily lost control of the plane he was operating, which flew downward, first striking the roof of a house located at 1202 West Twenty-second Street, and then the house owned by Mr. James McConnachie at 1204 West Twenty-second Street, occupied by Mr. Spencer D. Albright and family; that Mr. McConnachie's house was completely demolished, thereby causing the damage which is the subject of this claim. The evidence further reestablishes that Captain Avelino and the infant son of Mr. Albright lost their lives as a result of this accident. Upon review in the War Department of the proceedings of the board of officers which investigated this accident, it was determined that the damage was not due wholly or in part to fault or negligence of Mr. McConnachie or his agents; that the damage was due wholly or in part to fault or negligence of Captain Avelino, acting within the scope of his employment; that the claim is one the settlement of which is not provided for by any law; and that the damage was not covered by insurance. The board recommended that the claim be allowed in the amount of $3,900, which sum the claimant has agreed to accept. From the above, it is the view of the War Department that the damage was incident to the operation of the Army and that on its merits the claim is a just one. The War Department, therefore, recommends enactment of the proposed legislation. Sincerely yours, HARRY H. WOODRING, Hon. LYNDON JOHNSON, Washington, D. C. AUSTIN, TEX., February 17, 1938. DEAR MR. JOHNSON. On December 7, 1937 a United States plane from Kelly Field, San Antonio, Tex., crashed into a stucco duplex apartment of which I am the owner. The pilot of the plane was killed, also the child of Mr. and Mrs. Albright who lived in the east apartment at 1204 West Twenty-second Street Austin, Tex. The building, as a result of the plane crack-up, is considered a total wreck by the city of Austin; also by two general contractors who furnished estimates on the cost of replacing the building. I have filed a claim with the claims board at Kelly Field, the original cost and the replacement cost by two general contractors supported with affidavits. The lowest replacement cost was the sum of $3,900. About a month ago I signed papers that I would accept the lowest estimate as full compensation for the damage done. As it is over 2 months since the accident, and I have refunded rent to the two tenants at the time of the crash and the continued loss of $55 per month rent an early settlement would be appreciated. Will you please favor me with advice as to the best method of getting an early settlement for the loss and damage done as a result of the plane crash or if there is a way that you could take it up with the War Department at Washington, an early settlement might be made. I would appreciate your early consideration of this matter, I am, JAMES MCCONNACHIE. Estimate of replacement cost of L. T. Clark, general contractor, Austin, Estimates of replacement cost of J. L. Brown, general contractor, Austin, $4,000 3,900 Sworn affidavit from above contractors filed with claims board, Kelly Field, Tex. |