ESTATE OF K. J. FOSS JUNE 23, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. KEEFE, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 1843] The Committee on Claims, to whom was referred the bill (H. R. 1843) for the relief of the estate of K. J. Foss, 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 "$4,060" and insert in lieu thereof "$233.04". Line 10, strike out the period, insert a comma, and add "on November 12, 1935". 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 the estate of K. J. Foss, of Houston, Minn., the sum of $233.04, in full settlement of all claims against the United States for damages to a building as the result of a fire caused by defective wiring in a truck owned by the Soil Conservation Service, Department of Agriculture, and parked in said building, on November 12, 1935. STATEMENT OF FACTS According to the evidence, a building, which was being leased by the Soil Conservation Service, caught fire on the evening of November 12, 1935. It seems that the fire was started because of defective wiring in a 1933 Chevrolet pick-up truck, which was stored in the combined garage and warehouse. The fire department of Houston, Minn., was unable to control the fire and the building and several Government trucks were destroyed. It further seems that the fire was discovered by a watchman, and, at the time of discovery, it was confined to this specific truck. Mr. K. J. Foss had entered into an insurance contract covering the property involved in an amount of $2,000 on an insurable value of $3,000. The estate was paid the sum of $2,000 by the insurance company under the terms of this policy. The statement of loss which was filed with the insurance company sets out that the total loss incurred by the estate amounted to $2,233.04 and the amount of $2,000 being the total amount of coverage under the insurance policy, the amount of $223.04 would appear to be the amount of loss sustained by the estate of K. J. Foss. The bill has been reduced to this amount. It is the opinion of your committee that the Government was negligent in maintaining in operation within this building a truck which they knew to be defective, the Government having on previous occasions experienced fire loss due to the same defective wiring. The Department is of the opinion that it is impossible to state definitely the cause of the fire, but as pointed out, your committee feels that it can be reasonably concluded that this particular truck, with admittedly defective wiring, was the cause of the fire, especially in view of the fact it was the only thing burning at the time the fire was discovered by the watchman, and accordingly the passage of the bill is recommended, as amended. The report of the Department of Agriculture is appended hereto, together with other pertinent evidence. DEPARTMENT OF AGRICULTURE, Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, House of Representatives. DEAR MR. KENNEDY: In accordance with your request of March 8, 1939, there are forwarded all papers relating to the claim of the estate of K. J. Foss, together with an opinion as to the merit of H. R. 1843. The preponderance of the evidence establishes that a building which was b ing leased by the Soil Conservation Service under Lease Contract No. ER-A-26scECW-215, entered into on date of September 2, 1935, caught afire on the evening of November 12, 1935. No definite proof has been offered as to the cause of the fire, but Messrs. R. H. Davis, Fred Tarrant, and Fred W. Kesler, at the time connected with the Civilian Conservation Corps, expressed an opinion that in all probability the fire started because of defective wiring on a 1933 Chevrolet pick-up truck which was stored in the combined garage and warehouse described in the lease agreement mentioned above. The fire department of Houston, Minn., was unable to control the fire, and the building and several Government trucks were destroyed. There is no evidence to indicate that the fire resulted from any negligent act or omission on the part of an employee, or employees, of the Department. Granting that the defective wiring on the 1933 Chevrolet pick-up truck did ignite it, no legal responsibility would attach in the absence of a showing that an employee, or employees, of the Government had reason to believe that the wiring was in such a condition that it would short circuit and create fire. If the fire did start as a result of the short circuit, the accident is of a most unusual nature. Notwithstanding our opinion to the effect that the Department is in no way liable for the property loss incurred by the estate of K. J. Foss, an investigation was instituted in order to determine the approximate loss sustained by the estate as a result of the fire. It was found that Mr. K. J. Foss entered into an insurance contract with the Insurance Co. of North America on date of June 2, 1934. Policy No. 496 insured one combined livery barn, garage, and hay sales building situated on lot 10, block 29, Mons Anderson's addition to the village of Houston, Minn., this being the property which burned on the evening of November 12, 1935. The property was insured for $2,000 on an insurable value of $3,000. Mr. Thomas A. Flynn, licensed agent for the Insurance Co. of North America, and Mr. S. L. Nelson, superintendent of the loss department of the insurance company, have certified that the estate was paid the sum of $2,000, which was the maximum allowance under the policy. Mr. George K. Foss, administrator for the estate of K. J. Foss, has stated that he received $2,000 from the insurance company for reason of the destruction of the property. Several evaluations have been secured from disinterested persons concerning the value of the property as of November 12, 1935. The statement of loss filed with the insurance company serves to prove that the total loss incurred by the estate amounted to the sum of $2,233.04, of which $2,000 was paid by the insurance company. The total loss was arrived at through the estimates of a Mr. Iverson, contractor. His estimates were later checked by Mr. L. M. Engelhard, resident adjuster for the Western Adjustment & Inspection Co. The total loss incurred, therefore, amounted to the sum of $233.04, in lieu of $4,060, as proposed by the bill. Although the bill does not specify the nature of the property losses incurred, it is believed that the sum of $60 was added to cover a loss suffered by Mr. Carl Johnson, who had stored hay in that part of the building formerly used as a barn. It is the opinion of this Department that Mr. Johnson has no right to seek reimbursement for his loss inasmuch as the premises were at the time of the fire being occupied by the Soil Conservation Service under a duly executed lease agreement. The Department does not approve of the enactment of H. R. 1843 since there is no showing that the loss sustained by the estate was caused by the negligence of a Government employee, which necessarily precludes a finding of legal responsibility on the part of the Government. If the committee is of the opinion that an award should be made to the estate, the Department will interpose no objection to the enactment of H. R. 1843, provided the amount of the bill does not exceed the sum of $233.04, which was the total of the property loss incurred as a result of the fire, in lieu of the sum of $4,060, as now stated in the bill. In the event favorable consideration is given the bill by the committee, it is suggested that a clause limiting to 10 percent the fee to be allowed any attorney or representative of the estate be added thereto. Very truly yours, HARRY L. BROWN, Acting Secretary. (Affidavit] STATE OF MINNESOTA, County of Houston, ss: John E. Benson, being first duly sworn, deposes and says that he is 55 years of age and has resided in the village of Houston for the last 18 years; that he was acquainted with the condition and type of construction of the premises known as the Foss Garage, located on lot 10 of block 29 of Mons Anderson's addition to the village of Houston, Houston County, Minn., for many years and prior to the fire on November 12, 1935; that the building is a combination garage building and stable and hay-barn building of brick-and-tile construction; that in affiant's opinion the lot and buildings thereon are of the fair value of $5,000 prior to the time of the fire on November 12, 1935; that this valuation consists of a valuation of $4,000 for the buildings thereon and $1,000 for the real-estate lot. Further, affiant sayeth not. JOHN E. BENSON. Subscribed and sworn to before me this 21st day of March 1938. THOMAS A. FLYNN, Notary Public, Houston County, Minn. My commission expires February 14, 1940. John J. Sliter, being first duly sworn according to law, on oath says that he is a resident of the village of Houston in the county of Houston and State of Minnesota, and is 64 years of age and has resided in the village of Houston for the 24 years last past; that he often went upon the premises known as the Foss garage; being lot 10 of block 29 of Mons Anderson addition to the village of Houston prior to the fire therein on November 12, 1935, that prior to the fire the premises on said lot the building on the east end of the lot was a brick garage. The building on the west end of the lot was a stable on the first floor and hay barn on the second floor. The stable and hay barn was of tile construction on the lower floor and the upper was of wood with iron sheeting over it. The garage part had cement floor and iron roof; that in affiant's opinion the fair market value of the improvements on this said lot as described above prior to the fire on November 12, 1935, was $2,500; that in affiant's opinion the real estate described above at the said time was of the value of $1,000; that the total fair market value of the said lot and improvements thereon on said date was $3,500. Further affiant sayeth not. JNO. J. SLITER. Subscribed to and sworn before me this 21st day of March 1938. THOMAS A. FLYNN, Notary Public, Houston County, Minn. My commission expires February 14, 1940. Affidavit STATE OF MINNESOTA, County of Houston, ss: E. G. Forsyth, being first duly sworn according to law, deposes and says that he is a married man and 45 years of age and a resident of the village of Houston, Minn. That his occupation is that of plumber and operator of local theater. That he is and during all the times herein mentioned, was a member of the Houston Volunteer Fire Department. That at the time of the Foss fire hereinafter referred to he was the chief of the Houston Volunteer Fire Department. That on the evening of November 12, 1935, at about 6:45 p. m., the fire siren calling the volunteer department to the fire sounded off and affiant proceeded to run to the fire station which is about two blocks from the scene of the fire. That before affiant got to the station he looked down the street and saw flames coming out of the window next to the office on the north side of the building on fire, which was the Foss barn. It developed later that the pick-up Chevrolet truck used by the Soil Conservation Service of the Department of Agriculture of the United States Government was parked just inside the garage alongside of the window from which the flames were rolling out when I first saw the fire as I was running to the fire station. So apparently at this time the fire was centered in the area about the Chevrolet pick-up truck. After glancing toward the fire, I hurried on to the station and got my men on the trucks and made the drive to the fire. There was a hydrant right across the street from the fire and we connected our pumper truck up there and laid hose lines from the truck to the fire. By the time we got the hose lines ready the fire was all over on the inside of the garage part and was already spreading out into the hayloft of the barn part on the west end of the building. In all, six 21⁄2-inch hose lines were laid on the fire, some of which were laid by the neighboring Caledonia department which also came to the fire. At one time the fire was over most all of the building. The fire was finally brought under control about 9 p. m. The tools of the Soil Conservation department had been housed in the office or sales part of the building and were all taken out by the Civilian Conservation Corps boys before the fire spread to this part. The trucks were all more or less totally destroyed. All seeds and seedlings and equipment of the Soil Conservation Service in the garage part were destroyed. The hay in the barn part belonging to Mr. Carl Johnson was completely destroyed and gave some difficulty in putting it out. The building roof and most all of the framework supporting the roof was badly burned and charred. The walls were cracked in some places. Windows were all broken and the iron frames were bent out. I talked to Mr. Ben Jenson about the origin of the fire. Mr. Jenson was in charge of the tool room and discovered the fire. He said he first saw the fire in the |