also opened by the aid of the acetylene torch and the cabinet by prying the several cash and stamp drawers. Computations of the post-office inspector who investigated the burglary show shortages aggregating $12,423.21. Two hundred dollars and seventeen cents of this amount was in postal funds. The postmaster is of the opinion that since practically all postal funds had been deposited in the bank, this shortage of $200.17 is not attributable to the burglary, but he was not able to offer any explanation as to how it occurred. He, therefore, made good the shortage of $200.17 from personal funds, and submitted a claim for the amount of this bill, namely $12,223.04, computed as follows: Postal funds.. Postage stamps-- Total $2.97 12, 176. 85 22. 62 20. 60 12, 223. 04 It is clear to your committee in view of all the circumstances that the loss by burglary involved in this bill resulted from no fault or negligence on the part of the postmaster or any of the employees of the said post office, and recommends passage of the bill. The bill was introduced at the request of the Postmaster General in his communication of March 29, 1939, addressed to the Speaker of the House of Representatives. This communication, together with part of the enclosures, is appended hereto. The SPEAKER, House of Representatives. OFFICE OF THE POSTMASTER GENERAL, MY DEAR MR. SPEAKER: In compliance with the provisions of title 39, United States Code, section 49. I am reporting herewith the facts in the claim of Mr. John E. Garrett, postmaster at Dwight, Ill., for credit on account of a loss sustained in the burglary of the post office at that place on November 9, 1937, as set forth in the postmaster's claim, reports of the inspector who investigated the matter and a summary of the evidence by the Solicitor of this Department, copies of which are enclosed. The loss appearing to have resulted from no fault or negligence on the part of the postmaster, I recommend that authority be granted to credit the postmaster in his accounts with $12,223.04, the amount of money and postage stamps lost in the burglary. Very truly yours, JAMES A. FARLEY, POST OFFICE DEPARTMENT, SUMMARY OF EVIDENCE In re claim of John E. Garrett, postmaster at Dwight, Ill., under the provisions of 39 United States Code, section 49, for credit on account of public funds and property lost in the burglary of the post office on November 9, 1937. The essential facts in the case as set forth in the postmaster's claim and reports of the inspector are as follows: ENTRANCE TO BUILDING The post office is one of the second class and was moved into a new 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. 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. ENTRANCE TO THE VAULT, SAFE, AND CABINET 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 also opened by the aid of the acetylene torch and the cabinet by prying the several cash and stamp drawers. EXTENT OF LOSS Computations of the post-office inspector who investigated the burglary show shortages aggregating $12,423.21, consisting of $22.62 in money-order funds, $200.17 in postal funds, $12,176.85 in stamp stock, $20.60 in key-deposit funds, $1.79 in advance deposits on second-class mail matter, and $1.18 in advance deposits on special request envelopes. The postmaster is of the opinion that since practically all postal funds had been deposited in the bank, the shortage of $200.17 in postal funds is not attributable to the burglary but he is unable to offer any explanation as to how it occurred. He has, therefore, made good the shortage of $200.17 from personal funds and submitted a claim for credit for $12,176.85 in postage-stamp stock, $22.62 in money-order funds, $20.60 in key-deposit funds, and $2.97 in postal funds, or a total of $12,223.04, the postal funds consisting of advance deposits on second-class mail matter and special-request envelopes. PROTECTION GIVEN TO MONEY AND STAMP STOCK A money chest in the vault, presumably burglar proof, was not opened by the burglars and it appears that the postmaster had placed therein all stamped envelopes, postal cards, blank money-order forms, postal-savings certificates, stamps and funds, United States savings bonds and funds, documentary stamps and funds and migratory bird hunting stamps and funds. The loss in the postal account consisted of the main supply of postage stamps in the locked-shell-type safe in the vault and approximately $238.64 from cabinet drawers in the vault containing the stamp credits of six employees. The funds lost, which consisted of $2.97 in advance deposits on second-class mail matter and special-request envelopes, $20.60 in key-deposit funds and $22.62 in money-order funds, were also in the vault but not in the chest. It was the custom of the money-order clerk to place all money-order funds in the money chest at the end of his tour of duty but neglected to do so on the night of the burglary and consequently money-order funds received after 5 p. m., left in his stamp drawer, as well as $20.60 in keydeposit funds left in the shell-type safe, were lost as a result of not giving them all possible protection required by section 106 of the Postal Laws and Regulations. The regulations do not require that stamp credits of clerks be placed in burglarproof chests and it is assumed that the chest was not large enough to accommodate all of the stamp stock left in the safe. It therefore appears that funds amounting to $2.97 and stamp stock amounting to $12,176.85 were given all protection necessary and while $20.60 in key-deposit funds and $22.62 in money-order funds could have been placed in the chest as required by the regulations and instructions, it seems that the degree of protection afforded was reasonable. RECOMMENDATION In view of all the circumstances and it appearing from the evidence that the loss by burglary of public funds and property heretofore enumerated resulted from no fault or negligence, I hereby recommend that the facts in this case be reported to Congress with the recommendation for authority in the form of a special act to credit John E. Garrett, postmaster at Dwight, Ill., in his accounts with the following items: JAMES D. LARRY, SR. 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 fol lowing REPORT [To accompany H. R. 5895] The Committee on Claims, to whom was referred the bill (H. R. 5895) for the relief of James D. Larry, Sr., 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 James D. Larry, Sr., postmaster at Melrose Park, Ill., with the sum of $10,314.79, representing the amount of public funds and stamp stock lost in the burglary of the post office at Melrose Park, Ill., on April 21, 1937. STATEMENT OF FACTS The post office in question is one of second-class and located in a new Federal building. The office was closed at about 6 p. m. on April 21, 1937, and apparently no one was on duty from that time until the following morning at 6 a. m., at which time the janitor discovered that burglars had gained entrance thereto by forcing a second story rear window. The office was provided with a vault, the inside of which was a shelltype safe, used by the postmaster for keeping the main supply of postage stamps and other valuable property. The evidence shows that the burglars entered the vault by cutting a hole approximately 20 by 21 inches in the bottom of the outer door with an acetylene torch, after which the torch was used to cut a hole sufficiently large in one of the inner doors for a man to crawl through and remove the lock mechanism from the inside. The safe in the vault was then opened by cutting a small hole in the door near the combination which permitted the safe to be opened. H. Repts., 76-1, vol. 5-9 The amount lost, as shown by the postmaster's claim for credit and affidavit, and as verified by the inspectors' computations, consists of the following items: Under the circumstances it is clear that this loss by burglary resulted from no fault or negligence on the part of the postmaster or any employee of the Post Office, and the bill was introduced upon the request of the Acting Postmaster General. Your committee concur in his recommendation that this relief be granted, and appended hereto is letter of April 1, 1939, from the Acting Postmaster General to the Speaker of the House of Representatives, together with part of the enclosures. OFFICE OF THE POSTMASTER GENERAL, The SPEAKER, HOUSE OF REPRESENTATIVES. The loss appearing to have resulted from no fault or negligence on the part of the postmaster, I recommend that authority in the form of a special act be granted to credit Mr. James D. Larry, Sr., postmaster at Melrose Park, Ill., in his accounts with $10,314.79. Very truly yours. AMBROSE O'CONNELL, Acting Postmaster General. POST OFFICE DEPARTMENT, OFFICE OF THE SOLICITOR, SUMMARY OF EVIDENCE In re claim of James D. Larry Sr., postmaster at Melrose Park, Ill., under the provisions of title 39, United States Code, section 49, for credit on account of public funds and stamp stock lost in the burglary of the post office on the night of April 21, 1937. The essential facts in the case as set forth in the postmaster's claim and reports of the inspectors who investigated the burglary are as follows: ENTRANCE TO BUILDING The post office is one of the second class and is located in a new Federal building. The office was closed about 6 p. m. on April 21, 1937, and apparently no one was on duty from that time until the following morning at 6 a. m., when the janitor discovered that burglars had gained entrance thereto by forcing open a secondstory rear window ENTRANCE TO VAULT AND SAFE The office was provided with a vault inside of which was a shell-type safe used by the postmaster for keeping the main supply of postage stamps and other valuable property. The burglars entered the vault by cutting a hole approximately 20 by 21 inches in the bottom of the outer door with an acetylene torch |