bring the claim within the provisions of any of the acts available to the War Department for the settlement of claims of this nature. In reporting on this claim the Secretary of War states that since at the time of the accident the driver of the Government truck was using the vehicle contrary to orders and not on Government business, the War Department is constrained to submit no recommendation and leave the matter to such equitable determination as the Congress in its discretion may deem proper to allow. Several claims arising out of similar circumstances have been passed by the Congress andapproved by the President. The position of your committee has been that Government officials in charge of Civilian Conservation Corps camps are negligent and careless in not seeing that the trucks used in connection with Civilian Conservation Corps activities are properly locked and placed where they cannot be used without permission or for unofficial business. As this case is no different from others already enacted into law, your commitee recommend its approval. The following letter from the Secretary of War is appended hereto and made a part of this report, as follows: Hon. M. M. LOGAN, War DepartmMENT, Washington, April 25, 1939. Chairman, Committee on Claims, United States Senate. DEAR SENATOR LOGAN: Careful consideration has been given to the bill (S. 2114, 76th Cong., 1st sess.) for the relief of Virginia Pearson, which you transmitted to the War Department under date of April 11, 1939, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Virginia Pearson, of Bellingham, Wash., the sum of $121.40, 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 records of the War Department show that two Civilian Conservation Corps enrollees, Woodrow Rogers and Carl A. Borton, had taken a Government Chevrolet 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 all four of the occupants of the Government vehicle were on the front seat; that Enrollee Borton (not an authorized driver) was driving the Government vehicle and Enrollee Rogers (the authorized driver) was on the right side of the front seat with one of the young ladies seated on his lap, the said young lady completely obstructing the driver's vision to his right; that the Government vehicle was proceeding down grade on Maple Street in a westerly direction at a speed of from 25 to 35 miles per hour; that Mr. George A. Rogers, 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. Upon review in the War Department of the proceedings of a board of officers which investigated this accident, the claim was not favorably considered, since 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 bring the claim within the provisions of any of the acts available to the War Department for the settlement of claims of this nature. Since at the time of the accident the driver of the Government vehicle was using the truck contrary to orders and not on Government business, the War Department is constrained to submit no recommendation and leave the matter to such equitable determination as the Congress in its discretion may deem proper to allow. Sincerely yours, HUGH A. SMITH JULY 14, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. WINTER, from the Committee on Claims, submitted the following REPORT [To accompany 8. 2082] The Committee on Claims, to whom was referred the bill (S. 2082) for the relief of Hugh A. Smith, 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 $220.65 to Hugh A. Smith, of Bend, Oreg., in full satisfaction of his claim against the United States for expenses incurred and property damage sustained by him as a result of a collision between his automobile and a War Department truck which occurred near Fort Canby, Wash., on August 12, 1938. The facts are fully set forth in Senate Report No. 411, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate. [8. Rept. No. 411, 76th Cong., 1st sess.] The records of the War Department show that at about 3:10 p. m. on August 12, 1938, a United States Army truck, on official business, was proceeding in an easterly direction on the Fort Canby-Ilwaco Road, near Fort Canby, Wash., at a speed of approximately 25 miles per hour; that the car of Hugh A. Smith was proceeding upgrade in the opposite direction on its proper side of the road at a speed of approximately 10 miles per hour; that just east of the junction with the North Head Road the Fort Canby-Ilwaco Road curves to the right (as viewed from the west) and descends a fairly sharp grade; that when the Government driver rounded the curve he observed that a car (owned by E. E. Hartman) was parked on the south side of the road; that the Government driver turned to the left to pass the parked car and at the same time observed Mr. Smith's approaching car; that the Government driver applied his brakes and attempted to regain his proper side of the road, but that the Government vehicle skidded in loose gravel and sideswiped Mr. Smith's car causing the damage complained of. The records further show that a board of officers was appointed to make an investigation of the claim of Mr. Smith for damage to his car and other expenses incident to the accident; that it is the view of the War Department that the proximate cause of the accident was the negligence of the Government driver in that he was inattentive to his driving duties and after observing the parked car and having knowledge of the contour of the narrow road he attempted to pass said car without assuring himself that such a course could be followed with safety; and that the Department has no objection to the enactment of legislation to compensate Mr. Smith in such amount as the Congress may deem proper to allow. In the opinion of your committee the amount asked for by Mr. Smith appears to be reasonable, and it is accordingly recommended that the bill do pass. The following communications are appended hereto and made a part of this report. Hon. M. M. LOGAN, WAR DEPARTMENT, Washington, April 29, 1939. Chairman, Committee on Claims, United States Senate. DEAR SENATOR LOGAN: Careful consideration has been given to the bill (S. 2082, 76th Cong.), for the relief of Hugh A. Smith, which you transmitted to the War Department under date of April 7, 1939, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Hugh A. Smith, of Bend, Oreg., the sum of $220.65, in full satisfaction of his claim against the United States for expenses incurred and property damage sustained by him as a result of a collision which occurred on August 12, 1938, between his automobile and a War Department truck. The records of the War Department show that at about 3:10 p. m., on August 12, 1938, a United States Army truck, on official business, was proceeding in an easterly direction on the Fort Canby-Ilwaco Road, near Fort Canby, Wash., at a speed of approximately 25 miles per hour; that the car of Hugh A. Smith was proceeding upgrade in the opposite direction on its proper side of the road at a speed of approximately 10 miles per hour; that just east of the junction with the North Head Road the Fort Canby-Ilwaco Road curves to the right (as viewed from the west) and descends a fairly sharp grade; that when the Government driver rounded the curve he observed that a car (owned by E. E. Hartman) was parked on the south side of the road; that the Government driver turned to the left to pass the parked car and at the same time observed Mr. Smith's approaching car; that the Government driver applied his brakes and attempted to regain his proper side of the road, but that the Government vehicle skidded in loose gravel and sideswiped Mr. Smith's car, thereby causing the damage complained of. A claim was presented to the War Department by Mr. Smith for damage to his car and other expenses incident to the accident covering the following items: Depreciation in value of car. Cost of repairs to car, not covered by insurance Railroad, stage, and ferry fares, and hotel and restaurant bills.. Rental of a car. Notary fees paid on account of damage claim. Broken dishes___ Total___. $150.00 22.50 25.20 16. 45 5.00 1.50 220.65 Mr. Smith's car was damaged to the extent of $196, of which amount $173.50 was covered by insurance under a $25 deductible policy. Upon review in the War Department of the report of a board of officers which investigated the claim of Mr. Smith, it was approved in the amount of $24 ($196 for repairs to car, plus $1.50 for broken Pyrex bowls, a total of $197.50, less $173.50 paid by the insurance company) for settlement under the provisions of the act of December 28, 1922 (42 Stat. 1066), it being the view of the Department that the proximate cause of the accident was the negligence of the Government driver in that he was inattentive to his driving duties and after observing the parked car and having knowledge of the contour of the narrow road he attempted to pass said car without assuring himself that such a course could be followed with safety. Mr. Smith has not agreed to accept this amount of $24. That part of the claim covering depreciation in value of the car and various other expenses arising out of the accident, including railroad fares, hotel bills, and rental of a car, was disapproved for the reason that such damage is consequential in character and, therefore, could not be approved under any acts available to the War Department for the settlement of claims of this nature, all such acts providing for the settlement of direct property damage only. From the above it appears that in addition to the loss which was sustained by Mr. Smith as a result of damage to his car and which is payable under the abovementioned act of December 28, 1922, he has suffered some loss by reason of expenses incident to the accident and through negligence on the part of the Government driver, and while the War Department is not prepared to determine the precise amount of such loss, it will interpose no objection to the enactment of legislation to compensate him in such amount as the Congress may deem proper to allow. Sincerely yours, HARRY H. WOODRING, Secretary of War. 1436 WEST THIRD STREET, BEND, OREG. Mr. CHARLES MCNARY, DEAR SIR: I am attaching hereto a copy of my sworn statement, dated August 13, 1938, before A. K. Chambers, captain, Third Coast Artillery, covering a car accident in which an Army truck, through no fault whatsoever of my own, crossed the highway and crashed into my car, as explained in the statement. The results of the investigating officers will bear out these same facts which can be proven by many witnesses. At the request of Frederick Lofquist. major, Third Coast Artillery, adjutant, I submitted proof, documentary evidence, and affidavits, in connection with the actual expenses I had been put to by reason of this collision, totaling $220.65, a copy of which is attached hereto. This was forwarded to him in quadruplicate, as requested, and did entail considerable time and effort. Attached you will also find a copy of a letter dated December 7, 1938, from Major Lofquist to Mr. Milton R. Klepper, attorney at law, suite 1121, Yeon Building, Portland, Oreg., concerning my claim and that of the Continental Insurance Co., who carried the car insurance. The last paragraph states, "After the board of officers has forwarded all papers the matter is entirely out of their hands. In some cases final action is made by Congress, and it may be some time before anyone will know what the verdict will be. In the meantime be assured that you will be informed promptly by the proper authorities when a final decision has been made." A very recent issue of the Reader's Digest attempted to explain just how fair the United States Government was in the operation of the Court of Claims. I understand that my claim must necessarily go through this court. My claim is an honest, just, fair, and legitimate claim against the United States Government and should be recognized as such. Anything you can do to expedite matters through either United States Army channels or through the Court of Claims would certainly be very, very much appreciated. Yours very respectfully, c/o Mr. Klepper. HUGH A. SMITH. [Copy] STATEMENT OF HUGH ADAMS SMITH, BEND, OREG. A United States Government truck, W-35551, collided with my car, a Studebaker 1938 model sedan, bearing Oregon license No. 213-304, at about 3:10 p. m. on August 12, 1938. The collision occurred on the Ilwaco-Fort Camby road just east of the North Head road junction. Prior to the collision I was driving toward Fort Camby. As I drove up the grade and approached the North Head road junction, I observed a parked car on the south side of the road. I moved well over to the right side of the road and slowed down to about 10 miles per hour. Suddenly a Government truck driven at a high rate of speed careened around the parked car and headed straight for me. I did not look at the driver but looked at the front wheels of the truck to see if it would turn right. The driver was apparently trying to turn his truck but his front wheels would not grip the loose gravel. The United States Army truck crossed the highway, and the left front end of the truck collided with the left front fender and wheel of my car, pushing my car off the road into a ditch and up against a high road embankment. Visibility was excellent; the sun was shining brightly; the road was dry. My car was less than a month old, a new car. As soon as I had driven the car a sufficient amount to permit removal of the governor, I left on my vacation with my family, dog, and camping equipment. The accident left me stranded. A preliminary estimate placed the cost of repairs at $175. I carry $25 deductible collision insurance. HUGH ADAMS SMITH. Subscribed and sworn to me this 13th day of August 1938. A. K. CHAMBERS. Captain, Third Coast Artillery, Investigating Officer. [Copy] Actual expenses of Hugh A. Smith and family by reason of car being struck by Army truck on Ilwaco-Fort Camby road. Family including dog vacationing at Ocean Park, a beach resort. Accident made it necessary for family to stay at beach additional week, and for Hugh A. Smith to return to Bend, Oreg, account vacation end, and go and get family following week end. left all of us stranded. Value of new car before being struck (affidavit on cost).. Net loss, car depreciation_ Car wreck $1, 191.00 1, 041.00 150.00 Listed below are expenses paid, each expense covered by sworn statements attached hereto, with proof of expenditure: Rented car from Felix Motor Car Co., Bend, from Aug. 17 to Aug. 29, business___ |