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CARYL BURBANK, PRESTON A. STANFORD, AND FIRE ASSOCIATION OF PHILADELPHIA

JUNE 23. 1939.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

[To accompany H. R. 5350]

The Committee on Claims, to whom was referred the bill (H. R. 5350) for the relief of Caryl Burbank, Preston A. Stanford, and the Fire Association of Philadelphia, 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 to Caryl Burbank, of Washington, D. C.; Preston A. Stanford, of Washington, D. C.; and the Fire Association of Philadelphia, of Philadelphia, Pa., the sums of $197.30, $55, and $253.79, respectively, in full settlement of their claims against the United States for property damages occasioned on October 3, 1938, in the city of Washington, D. C., when an automobile in which an injured Works Progress Administration employee was being transported to a hospital collided with an automobile owned and operated by Preston A. Stanford, and insured by the Fire Association of Philadelphia, causing it, in turn, to strike an automobile owned and operated by Caryl Burbank.

The bill was introduced at the request of the Works Progress Administration, and the facts are fully set forth in the letter of request, dated March 21, 1939, addressed to Mr. Kennedy, chairman of this committee, by the Assistant Administrator of the Works Progress Administration. Said letter is appended here to together with other pertinent evidence, and made a part of this report.

WORKS PROGRESS ADMINISTRATION,
Washington, D. C., March 21, 1939.

The Honorable AMBROSE J. KENNEDY,
Chairman, Committee on Claims,

House of Representatives, Washington, D. C.

MY DEAR CONGRESSMAN Kennedy: There is transmitted herewith a draft of a bill for the relief of Caryl Burbank, Preston A. Stanford, and Fire Association of Philadelphia, with the request that it be introduced in the House of Representatives.

It appears that on October 3, 1938, operations for the day on Works Progress Administration official project No. 456-26-2-2, located at Seventeenth and Shepherd Streets NW., Washington, D. C., ceased at 4 p. m., and the men started away from the project toward Sixteenth Street; that, at about 4:30 p. m., the project foreman, William A. Farr, was informed that one of these men had been struck and injured by a bicycle; that, finding this man to be unconscious and bleeding very badly from a cut on his head, Mr. Farr placed him in his own automobile and proceeded to transport him to a hospital; that, in doing so, he had the lights of his automobile on and sounded his horn continuously; that, although he found the red light against him at Sixteenth and Euclid Streets NW., he attempted to go through the intersection; and that, in doing so, his automobile struck a car traveling west on Euclid Street NW., belonging to Preston A. Stanford, causing this car to turn over and strike an automobile proceeding east on Euclid Street NW., which was owned by Dr. Caryl Burbank.

As a result of the accident, claims were presented to the Administration under section 20 of the Emergency Relief Appropriation Act of 1938 (52 Stat. 809), by Caryl Burbank, and Preston A. Stanford, for himself and Fire Association of Philadelphia, with which association he carried a $50 deductible collision-insurance policy.

The Administration was constrained to disallow these claims for the reason that, since project operations had ceased for the day, Mr. Farr was not acting within the scope of his employment at the time of the accident. Thereafter, the attorney for Mr. Stanford threatened the institution of a suit against Mr. Farr, who had, in the interim, obtained private employment.

Although, for the purpose of determining a claim under section 20 of the Emergency Relief Appropriation Act of 1938, Mr. Farr necessarily must be deemed not to have been acting within the scope of his employment, it is a fact that these project officials are instructed to provide immediate aid to employees injured in the performance of duty. In view thereof, and knowing that project employees going to or from the project are entitled to compensation benefits, Mr. Farr believed it to be his duty to rush the injured employee to a hospital. While Mr. Farr should have called an ambulance, and had no right or license to disregard a red light, it is believed that under the circumstances passage of the proposed legislation, which is designed to relieve him of liability for the cost of the damages occasioned, is justified.

Your attention is respectfully invited to the fact that the sum suggested for Preston A. Stanford, $55, includes, in addition to the $50 paid by him for repairs to his automobile under his $50 deductible collision insurance policy, the sum of $5, which represents an allowance for damage to a suit of clothing. In presenting his claim, Mr. Stanford valued this suit at $38.50. However, the duplicate bill of sale submitted by him indicates not only that the cost of the suit was $34.50 but also that it was purchased on March 25, 1937, or more than 18 months before the date of the accident. In the opinion of this Administration, not more than $5 should be allowed for this item of damage.

There are enclosed herewith originals of pertinent papers.

Sincerely yours,

CORRINGTON GILL,
Assistant Administrator.

AFFIDAVIT

DISTRICT OF COLUMBIA, 88:

Preston A. Stanford, being first duly sworn, on oath deposes and says: That on, to wit, October 3, 1938, about 4:15 p. m. he was driving his certain 1938 Pontiac 4-door sedan west on Euclid Street NW., Washington, D. C., and was crossing the intersection thereof at Sixteenth Street, NW., Washington, D. C.; that he was traveling on a green traffic signal when a car traveling south on Sixteenth Street NW., at a high rate of speed, disregarding a red traffic signal, collided with the right rear of your deponent's automobile, the impact being sufficient to turn over the automobile of your deponent, so that the top thereof struck the left-hand

side of a car belonging to one Dr. Burbank, which was then and there proceeding east on said Euclid Street, NW.; that your deponent's said automobile then and there came to rest on said Euclid Street, NW., approximately 30 feet from the intersection thereof with said Sixteenth Street, NW., resting on its left side.

Your deponent further says that an investigation of the said accident was made by No. 10 police precinct, and that a copy of the said report is attached hereto and prayed to be considered as a part hereof.

Your deponent further says that the automobile which struck his said car was being operated by one William A. Farr, of 2525 Minnesota Avenue SE., Washington, D. C., who was then and there in the employ of the Works Progress Administration, and was then and there in the act of taking an injured employee of the Works Progress Administration to the hospital, and that said William A. Farr was then and there on the business of the said Works Progress Administration. • PRESTON A. STANFORD.

Subscribed and sworn to before me this 22d day of November 1938.

[SEAL]

NORMAN E. SILL, Notary Public, District of Columbia.

AFFIDAVIT

DISTRICT OF COLUMBIA, 88:

Douglas A. Clark, being first duly sworn, on oath deposes and says: That he is the duly authorized agent of the Fire Association of Philadelphia, a corporation, and that said Fire Association of Philadelphia carried a $50 deductible collision policy on a certain 1938 Pontiac 4-door sedan automobile, motor No. 6-408407, the property of one Preston A. Stanford, of 2562 University Place NW., Washington, D. C.; that as a result of the collision in which the said Preston A. Stanford's automobile was involved on October 3, 1938, at the intersection of Sixteenth and Euclid Streets NW.. Washington, D. C. the said Fire Association of Philadelphia has caused to be paid to the said Preston A. Stanford the sum of $253.79, the same being the total amount of damages to said Preston A. Stanford's automobile over and above, and in excess of, the $50 deductible feature of said insurance policy.

Your deponent further says that in consideration of the said payment by the said Fire Association of Philadelphia to the said Preston A. Stanford, the said Fire Association of Philadelphia has been subrogated to all rights and interests of the said Preston A. Stanford to prosecute, settle, or collect all, or any part, of the aforesaid damages to said Preston A Stanford's automobile.

DOUGLAS A. CLARK.

Subscribed and sworn to before me this 22d day of November 1938. NORMAN E. SILL, Notary Public, D. C.

[SEAL]

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JOHN E. GARRETT

JUNE 23, 1939.-Committed to the Committee of the Whole House and ordered to be printed

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

following

REPORT

[To accompany H. R. 5894] .

The Committee on Claims, to whom was referred the bill (H. R. 5894), for the relief of John E. Garrett, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to authorize and direct the Comptroller General of the United States to credit the accounts of John E. Garrett, postmaster at Dwight, Ill., with the sum of $12,223.04, representing the amount of money and postage stamps lost in the burglary of the post office at Dwight, Ill., on November 9, 1937.

STATEMENT OF FACTS

The post office involved is one of the second class and was moved into a Federal building on April 18, 1937. The building was located one block from the business section and was burglarized between 8:02 p. m. November 9, and 5:58 a. m. November 10, 1937, during which time it appears no one was on duty.

The evidence shows that entrance to the building was gained by cutting a hole approximately 6 inches square in the wooden basement door which permitted the burglars to reach inside and turn the knob of the door leading to the office of the inspector, after which they ascended a flight of stairs to the workroom floor of the post office. The office was provided with a vault in which was located a large shell type safe, used to keep the main supply of postage stamp stock, and a cabinet for the protection of individual credits of the several stamp clerks. Entrance to the vault was gained by using an acetylene torch to burn a large hole in the outer door approximately 18 by 20 inches and a small hole immediately above and to the right of the lock on one of the inner doors which permitted the burglars to remove the lock mechanism on the inside. The shell type safe in the vault was

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