and recreational facilities in the National Capitol, the development of the Chopawamsic area is endorsed by all of the social service agencies of Washington and the various organizations dealing with youth movement.

During the period from October 1, 1937, to September 30, 1938, the area, which is in the process of development and consequently has but limited facilities, accommodated 1,876 campers and collected for the use of the facilities $2,479.50 which sum was deposited in the Treasury to the credit of miscellaneous receipts. These campers represented the Boy Scouts, the Jewish Community Center, the Y. M. C. A., the Council of Social Agencies, the District of Columbia Cooperative League, and other local organizations.

Through the Emergency Conservation Work program, camping facilities to serve approximately 7,500 people each season will be developed. The enlargement of the camp to meet the needs of the National Capital in this respect will result in an increase of revenue from the use of the facilities, and will necessitate the employment of a number of permanent employees for the maintenance, protection, and operation of the camp.

In the event it is found advantageous to operate the camping facilities indirectly, it is desired to have authority to enter into a contract or contracts with organizations such as the Community Chest, the Community Center, the Boys' Clubs, etc., or with reliable and qualified individuals. It is provided that the receipts derived from the operations of these recreational facilities shall be deposited in the Treasury to the credit of miscellaneous receipts.

I have been advised by the Bureau of the Budget that there would be no objection by that office to the presentation of this proposed legislation to the Congress. It is requested that this proposed bill be placed before the House of Representatives for appropriate action.

Respectfully,

(Signed) E. K. BURLEW, Acting Secretary of the Interior.

C. Z. BUSH AND W. D. KENNEDY

JUNE 27, 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. 34811

The Committee on Claims, to whom was referred the bill (H. R. 3481) for the relief of C. Z. Bush and W. D. Kennedy, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass.

The amendments are as follows:

Line 6, strike out the sign and figures "$10,000" and insert in lieu thereof "$2,500".

At the end of the bill add:

Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

The purpose of the proposed legislation is to pay to C. Z. Bush and W. D. Kennedy the sums of $2,500 and $72.80, respectively, in full settlement of their claims against the United States, sustained when the automobile in which they were riding was struck by a National Park Service truck operated in connection with the Civilian Conservation Corps on the Dawson-Albany Highway, near Dawson, Ga., on August 12, 1937.

STATEMENT OF FACTS

According to the evidence, on August 12, 1937, one of the claimants, Mr. C. Z. Bush, was driving a Ford V-8 Tudor sedan, belonging to W. D. Kennedy, the other claimant, from Albany, Ga., to Dawson, Ga., on route No. 50.

Bush testifies that he was driving at a moderate rate of speed and on the right hand side of the road, and to the right of the center line marking, when he met a National Park Service truck operated in con

nection with the Civilian Conservation Corps. This truck had loaded on it a tractor, some part of which extended over and beyond the driving line and that this projection which had no signal light or warning attached to it struck his left elbow and the left side of the car when the two vehicles were passing each other.

It seems that Bush had safely passed the front part of the truck and had it not been for the projection, which was either the tractor above mentioned, or some part of the timber which braced the tractor, there would have been no collision between the two vehicles.

The Department of the Interior denies liability in the cause of this accident, stating that the car in which the claimants were riding was being negligently driven on the left side of the road, and as a result, collided with the lawfully operated Government-owned truck. It appears that their contention is based mainly on statements which were furnished to the effect that Kennedy, the owner of the car and an occupant, although not the driver, as well as a companion, Patton Davis, who was also riding in the car, were under the influence of intoxicating liquors at the time. However, your committee wants to point out here that this had no bearing on the cause of the accident inasmuch as Bush was driving the car because of the fact his companions had been drinking and it has not been contended anywhere that Bush was under the influence of liquor.

It is clear that the driver of the Government truck accused the claimants of being guilty of negligence in the operation of their car due to the fact two of the occupants were under the influence of liquor. Your committee does not deny that Kennedy and Davis were under the influence of liquor, nor does it charge that the driver of the Government truck was operating his vehicle in a reckless or careless manner. The cause of the accident seems to clearly rest with the improper loading of the Government truck.

As a result of the accident, Mr. Bush, who was driving the car, received serious injuries to his left arm and elbow, his left arm being rendered almost useless since the accident. His elbow was cut about half off and as a result thereof, his earning capacity has been impaired for the balance of his life. He was 33 years of age at the time of the accident, and was a section laborer for the Central of Georgia Railroad, earning $2.40 per day. He has a wife and two children. Since the accident he has not been able to perform any labor. He also states that prior to the accident he had a reasonable prospect of increased earnings with the company which employed him. He incurred expenses amounting to approximately $200 in addition to his loss of wages.

With the Department of the Interior's adverse report were submitted statements from the Park Service mechanic and two Civilian Conservation Corps enrollees and the driver of the Government truck, and two witnesses, one of whom was riding with the driver of the Government truck involved in this accident, and one from the driver of one of the other trucks.

No doubt, the Department is brought to its conclusion on the strength of these affidavits alone, all of which bring out the fact that after the accident occurred they had occasion to talk with Kennedy and Davis, the occupants of the car who were intoxicated, but none of them state that they saw Bush or even made an effort to locate him to ascertain the extent of his injuries or his condition at the time of the accident.

There is a statement made by the chief of police of the city of Dawson, Ga., to the effect that a short while before the accident he saw the truck involved pass through the city of Dawson loaded with a tractor and other heavy machinery, and that he observed at the time that the machinery extended over the outer edge of the truck in such a manner as to be dangerous to passing traffic.

Your committee has come to the conclusion that the Department's report is based on biased and incomplete statements and that they have avoided the issue of the improper loading of the truck, which your committee considers the proximate cause of the accident. Accordingly, it is recommended that the bill, as amended, allowing $2,500 to Mr. Bush for his personal injuries and $72.80 to Mr. Kennedy for the damage to his car, be passed.

Appended hereto is the report of the Interior Department, together with other pertinent evidence.

Hon. AMBROSE J. KENNEDY,

DEPARTMENT OF THE INTERIOR,

Washington, May 6, 1938.

Chairman, Committee on Claims, House of Representatives.

My Dear Mr. CHAIRMAN: I have received your letter of March 21 enclosing a copy of H. R. 9830, entitled "A bill for the relief of C. Z. Bush and W. D. Kennedy," and requesting a report thereon.

This proposed legislation would authorize and direct the Secretary of the Treasury to pay to C. Z. Bush, of Dawson, Ga., the sum of $10,000 for personal injuries sustained, and to W. D. Kennedy, of Dawson, Ga., the sum of $72.80 for property damage suffered, in full satisfaction of their claim against the United States, sustained when the automobile in which they were riding was struck by a National Park Service truck operated in connection with the Civilian Conservation Corps, on the Dawson-Albany highway. near Dawson, Ga., on August 12, 1937.

The reports submitted by the camp superintendent indicate that, at the time of the accident, the vehicle in which the claimants were riding was being negligently operated on the left side of the road and, as a result, collided with the lawfully operated Government-owned truck. There is no proof filed this Department of the injuries sustained by the claimants. Copies of the reports submitted by the camp superintendent are enclosed.

In view of the above-mentioned facts, I recommend that H. R. 9830 be not favorably considered by the Congress.

Sincerely yours.

E. K. BURLEW, Acting Secretary of the Interior.

STATEMENT OF HENRY A. STATHAM

To Whom It May Concern:

AUGUST 13, 1937.

This is to certify that on August 12, 1937, I was moving a caterpillar 70-horsepower tractor and a LeTourneau carry-all to Florida SP-6, Rock Bluff, Fla., from Georgia SP-13, Chipley, Ga., in accordance with instructions contained in a letter from Mr. George G. Oman, assistant equipment engineer, dated August 10, 1937. I was moving the caterpillar 70 tractor on a 4-wheel trailer towed by a 3-ton Diamond T stake body truck, USDI No. 13274. The LaTourneau carry-all was being moved on a Ford special-built truck, USDI No. 13277.

I was leading this convoy in Ford coupe USDJ No. 13273, and was accompanied by Mr. W. W. Belcher, service man for Yancey Bros., Inc., (caterpillar and LeTourneau dealers). Approximately 10 miles out of Albany, Ga., northwest on State road No. 50, I missed the trucks due to heavy traffic on the road. I drove for approximately 5 miles under the impression that the two trucks were following my car before I realized that the headlights I was watching were not those of the trucks in the convoy. At that time I stopped for about 3 minutes to wait for the trucks. When they did not show up I turned back, and drove back down

the road approximately 5 miles where I found the trucks parked on the side of the road with the flare lights burning, and the right wheels of both the trucks and the trailer off the pavement as far out on the road shoulder as it was safe to drive them. I asked the drivers what the trouble was, and they stated that a bunch of "drunks" had run into them. I then asked if anyone had been injured and a man who said his name was Kennedy and who was standing by the truck stated that a man's arm had been cut but that he had already been sent on to the doctor. Kennedy and another man who said his name was Harris, and who was with Kennedy, were both intoxicated and could hardly walk.

I asked if the trucks had been damaged, and was told that they were not. I parked my car, walked over to the trucks and trailer and examined them closely, but could find no sign of any damage. In fact, there was not even a mark or a scratch on the trucks or the trailer to show where either had been hit.

An automobile was parked about 300 yards down the road with the headlights burning. I walked down to the automobile and examined it carefully. I could not find any blood, but the left front fender was bady bent, the left front tire had burst, and the left rear glass was broken. No further damage was noted.

Kennedy, who stated that his initials were "W. D.," that his address was Dawson, Ga., and that he was the owner of the car (license No. Ga. 147-895), said that the man driving his car (C. Z. Bush, of Dawson, Ga.) ran into the trailer and was solely responsible. Kennedy also stated that he would pay all damages to the Government equipment, if there was any. Kennedy and Harris were arguing with each other about the accident and traffic was heavy on the road, so I instructed the drivers of the trucks to leave the scene of the accident and proceed on their way to Florida. The time of the accident was approximately 10 p. m. daylight-saving time.

HENRY A. STATHAM,
Traveling Mechanic.

STATEMENT OF JOHN W. SHELL

AUGUST 13, 1937.

To Whom It May Concern. This is to certify that on August 12, 1937, around 10 p. m. I was following U. S. D. I. Diamond T truck No. 13274. I was about 100 yards behind the Diamond T truck when an auto swerved around the trailer. After swerving around the trailer it swung over on my side of the road, and I had to pass it on the wrong side. The auto continued on down the road about 300 yards after we stopped. While we were putting out flare lights one of the men out of the auto came and asked us to help him fix a tire so that he could carry an injured man to the hospital. He said that the man's arm was badly cut. Before we reached the auto, a car stopped and was supposed to have taken the injured man to the doctor. We looked at the car and could not find any blood or any sign of anyone being hurt. The left front fender was badly bent, and the left front tire was bursted. The left back glass was broken out. The two men in the auto were so drunk they could hardly walk. They tried to get us to drink and we refused. We then returned to the trucks and awaited the return of Mr. H. A. Statham, who was in charge of the trucks. I was driving Ford truck No. 13277, and all of my lights were burning, so were all the lights on the Diamond T truck and trailer.

Signed in the presence of

PATRICK H. WEAKLEY, P. M.,

JOHN W. SHELL.

Rock Bluff, Fla.

STATEMENT OF CONNIE BOWMAN

To Whom It May Concern:

AUGUST 13, 1937. This is to certify that on August 12, 1937, around 10 p. m., I was driving U. S. D. I. Diamond T truck No. 13274 enroute from Chipley, Ga., to Rock Bluff, Fla., moving a caterpillar 70 tractor on a four-wheel trailer. I was proceeding down Georgia State Road No. 50 between Dawson, Ga., and Albany, Ga., approximately 10 miles out of Albany, Ga., I observed an automobile meeting me at a slow rate of speed; it was driving from side to side of the road. I slowed down to about 10 miles per hour and pulled as far over to the right as I could