To Whom It May Concern: DEPARTMENT OF AGRICULTURE, This is to certify that Mr. Godfrey Hickel and Mr. Francis H. Hickel, who have accomplished affidavits relative to the loss of a truck owned by Mr. Hugh McGuire on December 5, 1936, at Turner, Mont., were employed by this Administration in the capacity as indicated in their affidavits and that the statements as made therein are true and correct to the best of my knowledge and belief. HENRY L. LANTZ, Project Manager. AFFIDAVIT OF GODFREY HICKEL STATE OF MONTANA, County of Blaine, ss: I, Godfrey Hickel, being duly sworn depose, and say that on December 4 and 5, 1936, I was working as foreman for the Resettlement Administration in Blaine County, with a crew of men riprapping a reservoir about 20 miles northeast of Turner, Mont., in Phillips County. Mr. Hugh McGuire was at this time a member of the crew of which I was foreman. On December 3, 1936, Mr. George Amen, supervising foreman, instructed me to send a truck to corral No. 2, which was being built by the Resettlement Administration about 12 miles northwest of Turner, Mont. This same truck was to then go to Turner, Mont., on the night of December 3, 1936, and receive orders from Mr. George Amen to get a load of firewood to be divided among the different camps. The weather at this time was very severe, the temperature being about 30° below. Upon returning to Turney a few days later, seeing that Tom's Garage had burned down and upon inquiry was told that the trucks of Mr. Hugh McGuire and Charles Kegal had burned in the garage. I then talked to Mr. Hugh McGuire and was told that Mr. George Amen had sent him with his truck on December 4, 1936, to Wagner, Mont., a distance of 55 miles to get a load of firewood for the different camps. Upon arriving at Wagner, Mont., Mr. McGuire told me he was unable to get the firewood without an order from Mr. H. L. Lantz, project manager at Malta, Mont. Mr. McGuire then called Mr. Lantz's office at Malta on the telephone, and was delayed some 3 hours before he could obtain an order for the firewood. After getting the load of wood Mr. McGuire then drove to Turner Mont., and stored his truck in Tom Hendricksons' garage for the night, it being too late to go out to the reservoir on which he was working a distance of 20 miles in about 30° below weather. This garage burned early in the morning of December 5, 1936. GODFREY HICKEL. Subscribed and sworn to before me this 17th day of February 1939. [SEAL] B. E. JOHNSON, Notary Public for the State of Montana. AFFIDAVIT OF FRANCIS H. HICKEL STATE OF MONTANA, County of Blaine, ss: I, Francis H. Hickel, being dulys worn, depose and say that on December 4 and 5, 1936, I was employed by the Resettlement Administration in Blaine County as traveling timekeeper and was keeping time on the above-mentioned date for a crew whose foreman was Godfrey Hickel who had working on his crew Mr. Hugh McGuire as an owner-operator with a 12-ton truck. I have read the affidavit of Mr. Godfrey Hickel and find it all true to the best of my knowledge and belief. I was in Turner, Mont., on the morning of December 5, 1936, at 8 a. m. and talked to Mr. Hugh McGuire who told me he had returned from his trip to Wagner, Mont., too late to go out to the reservoir on which he was employed, and had stored his truck and load in a warm garage to enable him to get an early start on the morning of December 5, 1936. I also saw the remains of Mr. McGuire's truck in the burned garage on the morning of December 5, 1936. To my belief Mr. McGuire showed good judgment in storing his truck in a warm garage in order to enable him to get an early start the next morning as the weather was about 30° below zero at that time. FRANCIS H. HICKEL. Subscribed and sworn to before me this 17th day of February 1939. [SEAL] B. E. JOHNSON, Notary Public for the State of Montana. AFFIDAVIT OF TOM HENDRICKSON STATE OF MONTANA, County of Blaine, ss: I, Tom Hendrickson, being duly sworn, depose and say that on the night of December 4, 1936, Mr. Hugh McGuire who owned a 1935 Ford, 12-ton truck, stored his truck in my garage at Turner, Mont., which in the early morning hours of December 5, 1936, burned down and completely destroying Mr. McGuire's truck and its load of wood. TOM HENDRICKSON. Subscribed and sworn to before me this 17th day of February 1939. [SEAL] My commission expires May 4, 1939. J. E. JOHNSON, Notary Public for the State of Montana. BLAINE COUNTY DEMOCRATIC CENTRAL COMMITTEE, Senator BURTON K. WHEELER, Washington, D. C. Zurich, Mont., May 11,1937. MY DEAR SENATOR: I am writing you in the interests of bill S. 1339, which has been introduced in the Senate by you, for the relief of Mr. Hugh McGuire. Since I have made a very thorough investigation of this case, I am very much concerned in seeing Mr. McGuire reimbursed to the extent of $600 for the loss of his truck while employed by the Resettlement Administration. Mr. McGuire was sent a distance of 50 miles for a load of Government wood in the dead of winter, and road conditions were extremely poor. Upon arrival at his destination, he was refused the delivery of the load of supplies due to the fact that he did not have in his possession the proper requisition. Rather than return home empty, he personally phoned the head office for authority to receive the goods. By the time he made the proper contact he had been delayed for 3 hours. Returning to Turner about 10 o'clock at night, and not daring to continue the trip to the Government camp through badly drifted roads and 35° below zero weather, he stored his truck in the garage. The garage burned that night, along with all its contents. He was Mr. Hugh McGuire spent 17 months in the trenches in France. seriously wounded, and when he recovered and returned home, he engaged in farming on the Big Flat. He was quite successful until the extreme drought and the depression forced him into a predicament where the last of his fortune was invested in this truck, only to have it lost through negligence on the part of the foreman for not supplying him with the proper requisition. This case is a pathetic one, Senator, and I assure you that anything you can do to aid Mr. McGuire in his distress will be appreciated by your constituents in Blaine County. Personally, I want to do all I can, and would like to follow it through to a satisfactory settlement. Thanking you kindly for all past favors, and with best regards, I remain, Very sincerely yours, T. F. PAUMEN, County Chairman. TURNER, MONT., February 20, 1937. Hon. BURTON K. WHEELER, United States Senate, Washington, D. C. MY DEAR SENATOR: This is to congratulate you for the introduction of Senate bill No. 1339. This bill is for the benefit of Hugh McGuire, who has been resident here for a good many years. I have personally known him, and know the circum stances. He has a large family of small children, and has had a hard time making a living. As his farming operations have not been successful, on account of drought and the past year he has been working on resettlement work, with his truck, making a little over $100 per month, which is sufficient to support his family. But since the first part of December when his truck burned while on duty for the Resettlement Administration which also burned a load of wood and supplies that belonged to them. He has been sick part of the time, and later been forced to work for the sum of $44 per month which is not sufficient to support his family, and lately has had to ask for help from relief which to buy coal and supplies. If you can put this bill through, it will be greatly appreciated by many of your constituents here. As he is in need of this badly and is deserving of it as this truck was burned while on duty for Resettlement Administration. Thanking you for whatever consideration you give this bill I beg to remain, Yours very truly, W. K. HELGESEN, County Commissioner, Blaine County, District No. 1. О FAE BANAS 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 S. 683) The Committee on Claims to whom was referred the bill (S. 683) for the relief of Fae Banas, 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 Fae Banas, of Philadelphia, Pa., the sum of $1,719.80, in full satisfaction of her claim against the United States for injuries suffered as the result of a collision involving a car in which she was riding and a Civilian Conservation Corps truck on Route 331, 8 miles north of Tampa, Fla., on the 7th day of December 1934, at 12 o'clock noon. The facts are fully set forth in Senate Report No. 477, which is appended hereto, and made a part of this report. Your committee concurs in the recommendation of the Senate. [S. Rept. No. 477, 76th Cong., 1st sess.] In his report on this bill the Acting Secretary of War interposes no objection to its enactment in such amount as the Congress deems proper. Prior to July 1, 1937, there was no authority of law or appropriation available to the War Department for settlement of claims for personal injuries, or expenses incident thereto, arising out of the activities of the Civilian Conservation Corps. At the time and place mentioned C. C. C. truck No. 32211, of the C. C. C. Company 1431, Old Town, Fla., was proceeding northerly on official business on Highway No. 331, at from 10 to 15 miles an hour. Miss Helen Kennedy, of Philadelphia, Pa., driving in the same direction in a 1933 Dodge coupe with claimant as passenger, was overtaking the Civilian Conservation Corps truck from the rear at a speed of from 30 to 35 miles an hour. Upon reaching a side road leading to another Civilian Conservation Corps company to the west of the road, the Government driver slowed his vehicle to about 5 miles an hour and drove to the right of the road intending to make a left turn off the highway onto the side road. Because his rear-view mirror was out of adjustment the Government driver did not see the civilian car, but started the left turn at the same time trying to adjust his mirror. Miss Kennedy, believing the truck was stopping, sounded her horn, and tried to pass. She swerved to the left when the Government truck turned, but was unable to avoid collision. As a result of the accident claimant suffered a comminuted fracture of the left humerus at the juncture of the lower and middle third, with posterior displacement of the distal fragment, and facial lacerations which have left a permanent scar on her right eyelid. Claimant now has weakness in her left arm and hand with a disability of approximately 30 percent in left hand grasp. There are periodic neuritic pains in her left shoulder and arm. Claimant in support of her claim has submitted medical and hospital bills totaling $159.80. She claims $560 for loss of wages during the 4 months she was out of work on account of the accident. Because she lost her permanent job and has not yet been able to find one so remunerative, she submits claim for $2,000 on this account. A final $2,000 is requested for shock. After considering all the facts in this case your committee recommend the payment of $1,719.80 as a just and equitable settlement of this claim. The facts are fully set forth in the following communications, which are appended here to and made a part of this report. Hon. JOSIAH W. BAILEY, WAR DEPARTMENT, Washington, April 2, 1938. Chairman, Committee on Claims, United States Senate. DEAR SENATOR BAILEY: Careful consideration has been given to the bill S. 3672, Seventy-fifth Congress, third session, for the relief of Fae Banas, which you transmitted to the War Department under date of March 18, 1938, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Fae Banas, of Philadelphia, Pa., the sum of $5,000 in full satisfaction of her claim against the United States for injuries suffered as the result of a collision with a Civilian Conservation Corps truck on Route 331, 8 miles north of Tampa, Fla., on the 7th day of December 1934 at 12 o'clock noon. The records of the War Department show that on December 7, 1934, at about 12 o'clock noon, Civilian Conservation Corps truck No. 32211, C. C. C. Company 1431, Old Town, Fla., on official business, was proceeding in a northerly direction on Florida Avenue, Sulphur Springs, Fla. (Highway No. 331), at a speed of from 10 to 15 miles per hour; that Miss Helen Kennedy, 3341 Mercer Street, Philadelphia, Pa., driving a 1933 Dodge coupe, with Miss Fae Banas, of the same address, as a passenger, was proceeding in the same direction to the rear of and overtaking the Government vehicle at a speed of from 30 to 45 miles per hour; that the Government driver, upon reaching the side road leading to C. C. C. Company 1418, situated about 200 yards west of the above-mentioned highway, slowed his vehicle to about 5 miles per hour and drove to the right of the road, preparatory to making a left-hand turn; that the Government driver gave a hand signal indicating his intention to make a left turn and looked in his rear-view mirror; that the Government driver did not observe the civilian car because his rear-view mirror was out of adjustment; that the Government driver started the left turn and at the same time adjusted his rear-view mirror so that he could see the civilian car; that the civilian driver did not see the Government driver's signal, and believing the Government vehicle was turning to the right or stopping, sounded her horn and attempted to pass; that upon observing the course of the Government vehicle, the civilian driver turned to her left in an effort to avoid a collision; but that the civilian car struck the Government vehicle, thereby causing the personal injuries to Miss Banas herein being considered. It is of record that as a result of this accident Miss Banas suffered a commihuted fracture of the left humerus at the juncture of the lower and middle third, with posterior displacement of the distal fragment, and facial lacerations, which lacerations have left a permanent scar on her right eyelid. Miss Banas presented a claim in the amount of $5,000 for personal injuries as a result of the accident. To substantiate her claim she has presented hospital and medical bills totaling $159.80. Upon review in the War Department of the proceedings of a board of officers which investigated this accident, it was determined that the accident was not due wholly to fault or negligence of the claimant or her agents; and that the damage was due wholly or in part to fault or negligence of the driver of the Government vehicle, acting within the scope of his employment. However, regardless of the person or persons responsible for the accident, the claim was disapproved by the War Department for the reason that prior to July 1, 1937, there was no authority |