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to limit the amount that may be paid in settlement of these claims to the latter

sum.

Since the expenses incurred by the claimants named in section 1 of Private Act No. 398, supra, are debts due and owing by these persons, it is also suggested that it be provided that such payments as may be made shall be deemed to be in full settlement of all claims against not only the United States, but also the claimants named in section 1 of the act.

Finally, in order to make the provisions of section 2 of the act applicable to the section proposed to be added thereto, it is suggested that section 2 be renumbered as section 3 and that the new section be numbered section 2.

A precedent for determining and certifying claims in the manner proposed can be found in Private Act No. 795, approved June 25, 1938. It is possible that your committee may desire to amend the instant bill to conform, in structure, to this act, and, for this purpose, there follows a draft of a bill which includes the changes suggested above:

That the act entitled "An Act for the relief of Harry Bryan and Alda Duffield Mullins, and others," approved August 28, 1937, is hereby amended by renumbering section 2 thereof as section 3, and by adding thereto the following section: SEC. 2. That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, in accordance with such certifications as may be made by the Works Progress Administrator, or his duly authorized representative under this act, claims for hospital, medical, and other reasonable expenses necessarily incurred by, in behalf, or at the request, of the claimants named in this Act as a result of the explosion that occurred in Gassaway. West Virginia, on November 7, 1936: Provided, That such payments as may be made hereunder shall be deemed to be in full settlement of all claims against the United States and against the claimants named in this Act for said expenses: Provided further, That the total amount that may be paid hereunder by the Secretary of the Treasury in settlement of said claims shall not exceed the sum of $18,000. No claim, or part thereof, for expenses incurred after January 1, 1939, shall be considered, nor shall any claim be considered or paid under the provisions of this Act unless application therefor shall be filed with the Works Progress Administration by or on behalf of the person entitled to payment within 6 months from the date of approval of this Act. The Works Progress Administrator, or his duly authorized representative, shall determine the amount due on any application, and the person entitled thereto under the provisions of this Act, and shall certify such determinations to the Secretary of the Treasury for payment of the claims, which determination shall be final and conclusive upon the accounting officers of the Government.

Sincerely yours,

CORRINGTON GILL,
Assistant Administrator.

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FLOYD M. DUNSCOMB

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

Mr. KEEFE, from the Committee on Claims, submitted the following

REPORT

To accompany S. 2275)

The Committee on Claims, to whom was referred the bill (S. 2275), for the relief of Floyd M. Dunscomb, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to pay the sum of $175 to Floyd M. Dunscomb, Norvell, Mich., in full settlement of all claims against the United States for the value of personal property owned by Floyd M. Dunscomb and destroyed by fire at Camp Bewabie, Crystal Falls, Mich., on February 13, 1937, while said Floyd M. Dunscomb was an employee of the Civilian Conservation Corps.

The facts are more fully described in Senate Report No. 514, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate.

(S. Rept. No. 514, 76th Cong., 1st sess.]

The records of the War Department show that about 10:30 p. m., on February 13, 1937, a fire of undetermined origin broke out in the garage building and tool house at Civilian Conservation Corps Camp, Bewabie SP-18, Crystal Falls, Mich., where Mr. Floyd M. Dunscomb, 437 Genesee Street, Owosso, Mich., a civilian employed by the Government in connection with the Civilian Conservation Corps, kept his personal mechanics tools; that these tools were voluntarily used by Mr. Dunscomb in his capacity of mechanic, in preference to those furnished by the Government; that Mr. Dunscomb during the course of the fire directed his efforts toward saving Government property rather than his own; that as a result thereof, Mr. Dunscomb's tools were either completely destroyed or damaged beyond salvage value.

Mr. Dunscomb submitted to the War Department a claim in the amount of $382.21 for the loss of the tools in question, and after consideration by a board of officers, it was determined that a fair valuation of the property at the time of

loss was $175, which sum Mr. Dunscomb agreed to accept in full saitsfaction of his claim.

In reporting on the claim, the Secretary of War states that "in view of the foregoing, which established that Mr. Dunscomb suffered a financial loss through no negligence of his own, the War Department will interpose no objection to legislation granting him, adequate relief. However, it is suggested for the consideration of the committee that if the bill should receive favorable consideration it be amended to provide the sum of $175, which sum represents the fair value of this property at the time of loss."

The letter of the Secretary of War is appended hereto and made a part of this report.

WAR DEPARTMENT,
Washington, May 11, 1939.

Hon. M. M. Logan,

Chairman, Committee on Claims,

United States Senate.

DEAR SENATOR LOGAN: Reference is made to your letter of April 2, 1939, transmitting S. 2275 (76th Cong., 1st sess.), a bill for the relief of Floyd M. Dunscomb, in which you request information and the views of the War Department

relative thereto.

The purpose of the proposed legislation is to pay to Floyd M. Dunscomb, Norvell, Mich., the sum of $382.21 in full satisfaction of his claim against the United States on account of loss of personal property owned by him and destroyed by fire at Camp Bewabie, Crystal Falls, Mich., on February 13, 1937.

The records of the War Department show that about 10:30 p. m. on February 13, 1937, a fire of undetermined origin broke out in the garage building and tool house at Civilian Conservation Corps Camp Bewabie SP-18, Crystal Falls, Mich., where Mr. Floyd M. Dunscomb, 437 Genesee Street, Owosso, Mich., a civilian employed by the Government in connection with the Civilian Conservation Corps, kept his personal mechanic's tools; that these tools were voluntarily used by Mr. Dunscomb, in his capacity of mechanic, in preference to those furnished by the Government; that Mr. Dunscomb, during the course of the fire, directed his efforts toward saving Government property rather than his own; that as a result thereof, Mr. Dunscomb's tools were either completely destroyed or damaged beyond salvage value.

Mr. Dunscomb submitted to the War Department a claim in the amount of $382.21 for the loss of the tools in question, and after consideration by a board of officers, it was determined that a fair valuation of the property at the time of loss was $175, which sum Mr. Dunscomb agreed to accept in full satisfaction of his claim.

Upon review in the War Department of the proceedings of the above board of officers which investigated the claim, it was determined that the loss was not due wholly or in part to the fault of Mr. Dunscomb, and that the claim did not come within the provisions of any law available to the War Department under which the claim might be paid. Since the United States is not to be considered as a general insurer against all kinds of loss of property belonging to Government employees on duty with the Civilian Conservation Corps, the above-mentioned claim of Mr. Dunscomb was necessarily disapproved by the War Department. In view of the foregoing, which established that Mr. Dunscomb suffered a financial loss through no negligence of his own, the War Department will interpose no objection to legislation granting him adequate relief. However, it is suggested for the consideration of the committee that if the bill should receive favorable consideration, it be amended to provide the sum of $175, which sum represents the fair value of this property at the time of loss.

Sincerely yours,

O

HARRY H. WOODRING,
Secretary of War.

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VIRGINIA PEARSON

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

Mr. PoAGE, from the Committee on Claims, submitted the following

REPORT

[To accompany S. 2114]

The Committee on Claims, to whom was referred the bill (S. 2114) for the relief of Virginia Pearson, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation.is to pay the sum of $121.40 to Virginia Pearson, of Bellingham, Wash., in full satisfaction of her claim against the United States for expenses incurred as the result of an accident involving a Government truck operated in connection with the Civilian Conservation Corps, at the intersection of Maple and Jersey Streets, Bellingham, Wash., on March 27, 1938.

The facts are fully set forth in Senate Report No. 485, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate.

[S. Rept. No. 485, 76th Cong., 1st sess.]

The records of the War Department show that two Civilian Conservation Corps enrollees had taken a Government truck operated in connection with the Civilian Conservation Corps, in disobedience of specific orders, for a personal mission; that the enrollees in company with two young ladies were returning from a dance which they had attended at Burlington, Wash.; that Mr. George A. Rogers, of Bellingham, Wash., with Mrs. Virginia Pearson and two others as passengers, was proceeding south on Jersey Street at a speed of from 20 to 25 miles per hour; that Mr. Rogers observed the lights of the Government vehicle at a distance of approximately 200 feet and accelerated his speed in the belief that he could clear the intersection safely; that the Government driver did not observe Mr. Rogers' car until it was directly in front of the Government vehicle; and that the Government vehicle struck the left rear of claimant's car; thereby causing the damages and personal injuries complained of.

As a result of the accident, Mrs. Pearson submitted a claim to the War Department in the amount of $121.40, itemized as follows: Doctors, $45; hospital, $21.40; ambulance service, $5; loss of time, $30; clothing, $20; total, $121.40.

Favorable action by the War Department on this claim was denied on the ground that the driver of the Government vehicle was not acting within the scope of his employment at the time of the accident, a condition precedent and necessary to

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