HARRY W. LYLE JUNE 27, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. POAGE, from the Committee on War Claims, submitted the following REPORT [To accompany H. R. 5115] The Committee on War Claims, to whom was referred the bill H. R. 5115, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: In line 9 after the comma immediately following "1918", strike out the remainder of the line and insert in lieu thereof, "in the sum of $586.52 in full settlement of all claims against the United States, both principal and interest". The purpose of this bill, as outlined in its text, is to reimburse the claimant, Harry W. Lyle, for services rendered as clerk to the Medical Advisory Board, No. 37, from February 1 to September 21, 1918. The bill as introduced proposes that the claimant be paid $100 per month over the period of his service, together with interest. The bill has been amended fixing the total reimbursement in the sum of $586.52 without interest. This is the amount suggested by the War Department in a report under date of May 15, 1939, and to this amount the War Department states it will interpose no objection in the matter of the enactment of the bill. This feature and the other facts in the case are fully set forth in the above-mentioned report of the War Department which is hereto appended and made a part of this report. WAR DEPARTMENT, Washington, May 15, 1939. Hon. REUBEN T. WOOD, Chairman, Committee on War Claims, House of Representatives. DEAR MR. WOOD: Further reference is made to your request of April 18, 1939, for a report and recommendation on H. R. 5115, Seventy-sixth Congress, first session, a bill for the relief of Harry W. Lyle. The proposed measure provides by its terms "That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Harry W. Lyle, Johnson City, Tenn., the amount required to reimburse him for services rendered as clerk to the Medical Advisory Board, No. 37, from February 1 to September 21, 1918, at the rate of $100 per month with interest." Your attention is invited to the published selective service regulations prescribed by the President for carrying into effect the selective service law of May 18, 1917, sections 43 and 198 of which made provision for the engagement and compensation of clerical assistance for medical advisory boards when authorized. A search of the files in the War Department has resulted in failure to find any record of authorization for the employment of clerical assistance for Medical Advisory Board, No. 37, State of Tennessee, as required under the provisions of section 198 of the Regulations before a claim for salary of a civilian clerk for the Board could be paid, or of any written agreement or contract between the Board and Mr. Lyle. There is on file, however, a letter dated August 16, 1918, signed by C. J. Broyles, chairman, Medical Advisory Board, Johnson City, Tenn., regarding expenses covering the service of Mr. Lyle estimated to include April 1918, which states in effect that a contract existed between the Board and Mr. Lyle. This letter further states that: "Mr. Lyle has been working since April without charge. This is easily done, as we seldom have any registrants from Washington County lately," indicating an agreement by the claimant to work without charge after April 1918. Another letter dated August 19, 1918, on the same subject from the office of the Governor to the Board promises investigation and proper disposition of the matter. Still another communication on file is dated October 1, 1918, after Mr. Lyle had ceased to be employed by the Board, and is directed to the executive officer, Nashville, Tenn. Its subject is "Pay of chief clerk," and it sets out that he was employed at the rate of $100 per month but "has agreed to accept compensation on the same basis as some of the North Carolina Boards, namely, $100 per month for the first 4 months and at the rate of $50 per month for the balance of the time. We think this is a fair basis of settlement, and are therefore preparing vouchers for his pay accordingly, * * *." This letter is signed by the chairman, C. J. Broyles, and three other members of the Medical Advisory Board, Johnson City, Tenn., and indicates and agreement reached following the completion of the services rendered by Mr. Lyle to the Medical Advisory Board. The vouchers are also on file. There are enclosed photostatic copies of the above-mentioned correspondence, as well as the eight vouchers which are signed by Mr. Lyle and fix the total amount of his claim at that time at $586.52. If, as is indicated, Mr. Lyle rendered services to the Board under a contract, and has not been paid therefor, it is not unlikely that it was due to the failure of the Board to comply with the selective service regulations by obtaining authorization in advance from the Governor of Tennessee for the employment of clerical assistance. It appears from the correspondence that there was more than one agreement regarding his employment and the compensation he was to receive, none of which was authorized. The various boards had authority through the selective service regulations, to accept gratuitous voluntary clerical services and it is indicated in the letter of August 16, 1918, that Mr. Lyle so served after April 1918. It further appears, however, that the Board in its final decision on the matter, and in agreement with Mr. Lyle, set the total amount of pay due the claimant at $586.52, basing their conclusion upon the compensation paid to others by other boards for clerical services of like nature and extent. The enactment into law of H. R. 5115 would authorize and direct the payment of a larger sum to the claimant than is indicated by the records to be reasonable, together with interest thereon from September 21, 1918, at a rate not specified. It is suggested that there is no equitable ground for the payment of interest since it is not apparent that the claimant has been diligent, there being no evidence of his having pursued the claim during the many years that have elapsed since 1918, which gives rise to the presumption of laches. In view of the reasonable basis for the settlement of this claim as set out in the communication referred to, dated October 1, 1918, and the vouchers, which would allow $586.52 to the claimant for his services over the period of several months from February 1 to September 22, 1918, which amount wonld correspond to the compensation paid to others who performed clerical services of similar nature and extent, the War Department would interpose no objection to the enactment of H. R. 5115, provided, however, that it is amended so as to authorize and direct the payment of only the amount stipulated in that agreement ($586.52) in full settlement of the claim of Mr. Lyle. Sincerely yours, HARRY H. WOODRING, Secretary of War. О MRS. VIRGIE B. WEAVER JUNE 27, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. POAGE, from the Committee on War Claims, submitted the following REPORT [To accompany H. R. 5515] The Committee on War Claims, to whom was referred the bill (H. R. 5515) for the relief of Mrs. Virgie B. Weaver, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of this bill is merely jurisdictional. Its effect would be to waive "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, in order that the United States Employees' Compensation Commission may be authorized to receive and consider the claim of Mrs. Virgie B. Weaver, of Waco, Tex., based on the allegation of injury and disability incurred. while in the employ of the United States at Camp McArthur, Tex., the latter part of 1917 and the early part of 1918. Sufficient evidence of such injury and disability was submitted to the committee to lead it to believe that her case certainly merits the consideration of the United States Employees' Compensation Commission. While in the subjoined report of the United States Employees' Compensation Commission there is one suggestion that the bill include a reference to the nature of the claimant's disability, and another suggestion that the bill have no retroactive effect, the committee did not recognize those necessities inasmuch as the bill is designed merely to authorize the Commission to receive and consider the claim. The report of the United States Employees' Compensation Commission under date of May 13, 1939, is hereto appended and made a part of this report. H. Repts., 76–1, vol. 5—15 |