THOMAS A. ROSS 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 S. 1882, The Committee on Claims, to whom was referred the bill (S. 1882), for the relief of Thomas A. Ross 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 $250 to Thomas A. Ross, United States Coast Guard, in full settlement of all claims against the United States for loss of, or damage to, personal property and effects resulting from the fire which occurred at Nome, Alaska, on September 18, 1934. The facts are fully set forth in Senate Report No. 233, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate. [S. Rept. No. 233, 76th Cong., 1st sess.] This bill, which was introduced at the request of the Treasury Department, provides for the payment of $250 to Thomas A. Ross, chief boatswain, United States Coast Guard, in full settlement of all claims against the United States for loss of, or damage to, personal property and effects resulting from the fire which occurred at Nome, Alaska, on September 17, 1934. The records of the Treasury Department show that claimant was, on September, 17, 1934, the officer in charge of the Nome Coast Guard Station, Nome, Alaska; that on that day a severe fire broke out and destroyed practically the entire town of Nome, including the Nome Coast Guard Station; that the Nome fire station crew, under the direction of the claimant, assisted the Nome fire department in fighting the fire, saving the United States postal records, Federal court records, the Nome station lifeboats, office files, and private property, but had no opportunity to save personal effects belonging to him or to the members of the crew; that the loss of claimant's personal property was not due to any fault, negligence, or inefficiency on his part. The value of the lost or damaged articles is estimated to be $459.25. In the opinion of your committee this amount H. Repts., 76-1, vol. 592 is excessive. It is recommended, therefore, that claimant be reimbursed in the sum of $250. This would appear to be an equitable settlement of the claim. The following communications are appended hereto and made a part of this report: The PRESIDENT OF THE SENATE. TREASURY DEPARTMENT, SIR: There is transmitted herewith a draft of a proposed bill for the relief of Thomas A. Ross, chief boatswain, United States Coast Guard. This bill would authorize the Secretary of the Treasury to pay Mr. Ross the sum of $459.25 as reimbursement for loss of personal property and effects in the fire which occurred at Nome, Alaska, on September 17, 1934. Chief Boatswain Ross was, on September 17, 1934, the officer in charge of the Nome Coast Guard Station, Nome, Alaska. On that day a severe fire broke out and destroyed practically the entire town of Nome, including the Nome Coast Guard Station. The Nome station crew under the direction of Mr. Ross assisted the Nome fire department in fighting the fire, saving United States postal records, Federal court records, the Nome station lifeboats, office files, and private property, but had no opportunity to save personal effects or property belonging to the officer in charge or to members of the crew. Chief Boatswain Ross lost personal property, uniforms, and clothing of the value of $459.25. The loss of his property was not due to any fault, negligence, or inefficiency on his part. The articles lost or damaged are itemized on the attached list. Although the act of October 6, 1917, as amended (U. S. C., title 14, sec. 40), authorizes reimbursement of Coast Guard personnel for loss of personal property and effects due to operations of war, shipwreck, or other marine disaster, such act does not permit reimbursement of Coast Guard personnel for loss of personal property and effects occasioned by fire. The Treasury Department, therefore, believing that Chief Boatswain Ross should not, under the circumstances, be called upon to bear the cost of replacing his lost or damaged articles, recommends the enactment of the attached proposed bill for his relief. It would be appreciated if you would lay the attached bill before the Senate. A similar bill has been transmitted to the Speaker of the House of Representatives. Very truly yours, STEPHEN B. GIBBONS, Acting Secretary of the Treasury. Articles of personal property of Thomas A. Ross, chief boatswain, destroyed by fire at Nome, Alaska, on Sept. 17, 1934 Steamer trunk, 2 each_ Suitcase, 2 each___ Uniform, blue, 2 suits.. Sword knot, 1 each. Gray gloves, 2 pair Black shoes, 4 pair.. Shoulder marks, 2 sets Overcoat, 1 each.. Raincoat, 1 each.. Underwear (Medlecoot), 4 suits.. Shirt, petty-officer, 4 each.. Boots, rubber, 1 pair... Jersey, wool, 2 each. Rain slicker, 1 each__ Sou'wester, 1 each... Total... MONTIE S. CARLISLE JULY 14, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. COFFEE of Washington, from the Committee on Claims, submitted the following REPORT [To accompany S. 1816] The Committee on Claims, to whom was referred the bill (S. 1816) for the relief of Montie S. Carlisle, 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 $1,000 to Montie S. Carlisle, of Albuquerque, N. Mex., in full satisfaction of his claim against the United States for compensation for injury and damage to his property located in sec: 10, T. 15 N., R. 1 E., New Mexico principal meridian, Sandoval County, N. Mex., resulting from activities of officers and enrollees of the Civilian Conservation Corps. The facts are fully set forth in Senate Report No. 496, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate. [S. Rept. No. 496, 76th Cong., 1st sess.] The War Department has no objection to the enactment of legislation to compensate Mr. Carlisle in such amount as the Congress may deem proper to allow. The records of the War Department show that the claim of Mr. Carlisle was investigated by a board of officers, and it has been deduced from the evidence presented before the board that in October 1935 there existed on the homestead of the claimant an adobe house, barn, and poultry shed. These buildings, the construction of which had never been completed, were falling into ruins. An officer of the Civilian Conservation Corps camp at San Ysidro erroneously 1 assumed that the buildings were abandoned ruins and were on the public domain and, without authority, appropriated from them several thousand adobes (sundried bricks) for the construction of quarters for his use and for the construction of a schoolhouse. On December 14, 1935, Mr. Carlisle advised the officer who had removed the adobes that his property had been illegally taken and destroyed. Thereupon an understanding was reached between the claimant and the officer that the adobes were to be returned and that the buildings were to be restored to their original condition. The adobes were returned and work was started to repair the damage. Before this work was completed the claimant advised that he did not wish the work continued, but desired a cash settlement in the amount of $1,875. Disinterested parties variously estimated that expenditures of from $150 to $286 would restore the property to a better condition than existed in October 1935. The Acting Secretary of War states that "While it appears from the above that any actual loss sustained by Mr. Carlisle resulted from his refusal to permit the Civilian Conservation Corps officer to effect total restoration, the War Department will interpose no objection to the enactment of legislation to compensate Mr. Carlisle in such amount as the Congress may deem proper to allow." Your committee feels that the payment of $1,000 will fully compensate the claimant, and it is accordingly recommended that the bill, as amended, do pass. The following communications are appended hereto and made a part of this report. War DepartMENT, Washington, April 8, 1939. Hon. M. M. LOGAN, Chairman, Committee on Claims, United States Senate. DEAR SENATOR LOGAN: Careful consideration has been given to the bill S. 1816, Seventy-sixth Congress, for the relief of Montie S. Carlisle, which you transmitted to the War Department under date of March 17, 1939, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Montie S. Carlisle the sum of $2,492.89 for compensation for injury and damage to his property located in Sandoval County, N. Mex., resulting from activities of officers and enrollees of the Civilian Conservation Corps. The records of the War Department show that the claim of Mr. Carlisle was investigated by a board of officers and it has been deduced from the evidence presented before the board that in October 1935 there existed on the homestead of the claimant an adobe house, barn, and poultry shed. These buildings, the construction of which had never been completed, were falling into ruins. An officer of the Civilian Conservation Corps camp at San Ysidro erroneously assumed that the buildings were abandoned ruins and were on the public domain, and, without authority, appropriated from them several thousand adobes (sundried bricks) for the construction of quarters for his use and for the construction of a schoolhouse. On December 14, 1935, Mr. Carlisle advised the officer who had removed the adobes that his property had been illegally taken and destroyed. Thereupon an understanding was reached between the claimant and the officer that the adobes were to be returned and that the buildings were to be restored to their original condition. The adobes were returned and work was started to repair the damage. Before this work was completed the claimant advised that he did not wish the work continued, but desired a cash settlement in the amount of $1,875. Disinterested parties variously estimated that expenditures of from $150 to $286 would restore the property to a better condition than existed in October 1935. While it appears from the above that any actual loss sustained by Mr. Carlisle resulted from his refusal to permit the Civilian Conservation Corps officer to effect total restoration, the War Department will interpose no objection to the |