This is the manner in which many orders of fertilizer were paid to the company, which orders had been delivered upon the express instructions of the said Charles W. Arrants. All of the goods that were furnished by the company through the order of the said Charles W. Arrants that were paid, were paid in the abovestated manner, and in no other way.

Respectfully submitted.

Attest:

GROWERS FERTILIZER CO., By J. E. NOBLES, President.

J. E. NOBLES, Jr., Secretary.

SUPPLEMENTAL BRIEF IN Behalf of GROWERS FERTILIZER CO.

The Growers Fertilizer Co., the claimant in the above-captioned matter, begs to submit this, its supplemental brief, in behalf of its claim and to clarify herewith certain facts that seem to have been misconstrued or misunderstood by the United States Department of Agriculture.

HISTORY

First, it has been contended by officials of the Farm Security Administration, who incurred these obligations with the claimant, that the fertilizer sold and delivered by the claimant was sold to the various individuals upon credit when in fact the fertilizer was not sold or delivered to the various parties until such time as Charles W. Arrants, district supervisor of the Farm Security Administration, instructed the claimant to deliver the fertilizer and stated that the funds were available to pay for same, and that he personally would see that it was paid, and in no case did the claimant ever deliver any of the fertilizer in question until such time as it was advised by the said Charles W. Arrants that money was available and would be paid from funds of the Government being loaned to the various individuals receiving the goods.

The claimant never at any time solicited the business of the Farm Security Administration and never at any time intended to supply fertilizer to its clientele on credit. That in the beginning of the claimant's business transactions with the said Charles W. Arrants and Frank W. Williamson, as officials of the Farm Security Administration, the said Charles W. Arrants would advise the claimant that the money was available to pay for the fertilizer of certain individuals and that upon the delivery of same it would be paid through the office of the said Charles W. Arrants and the said Frank W. Williamson and for quite a period of time each of the items so delivered was promptly paid for as arranged by the said Arrants and Williamson.

It has been pointed out by officials of the Farm Security Administration that there has been a discrepancy in the amount claimed by the claimant, stating in particular that the claimant claimed only the sum of $620.43 in a letter dated April 9, 1938, and addressed to one of the field officers of the said Administration. This is true; except, however, the Administration officials fail to state the full facts in that at the time such a statement was made in a letter as above stated, the claimant had only been advised of the above sum having been turned down for payment due to the alleged fact that the farmers' application for loans had been turned down, notwithstanding the fact, however, that in each instance the said Charles W. Arrants had stated to the claimant that the loan had been approved and that funds were available for the payment of same at the time the fertilizer was shipped and delivered to the farmers. These statements are more fully verified by statements attached here made by R. H. Howell, a representative of the claimant in West Palm Beach, Fla.; David Hill, one of the farmers receiving goods from the Farm Security Administration; M. G. Platts, one of the farmers receiving goods in a similar manner; and J. Paul Warren, another of the farmers receiving some of the said goods.

ARGUMENT

As it appears from the statement of facts in the memorandum brief of the claimant, and in this supplemental brief in behalf of the claimant, the claimant never at any time intended to sell any of the farmers securing the aid of loans from the Farm Security Administration upon a statement by anyone that applications had been made and funds would probably be available. Quite on the contrary, the claimant has at all times delivered goods to the said farmers only

after a direct statement by the field representatives of the Farm Security Administration that the loans had been approved and that money was available for the payment of all of such fertilizers delivered and found that in each instance Charles W. Arrants, one of the field officers of the Farm Security Administration, personally ordered out a majority of the fertilizer so furnished and not paid for.

Heretofore this claimant has always accepted statements of fact made by agents and representatives of the Government as being true and correct and has at all times placed full faith and credit in the Government and in its representatives and officers, and in accepting the statements made by the field representatives of the Farm Security Administration, only relied upon its faith and credit in the Government and its officers and representatives.

In this particular case the Government has been the benefactor and the claimant has suffered the loss. The claimant did not in furnishing these goods intend to sell them upon credit or in any manner except the full cash payment therefor. The goods were received by the benefactor of the Farm Security Administration and used in producing crops that at least a part of the proceeds from which were used to repay the Government for its services and every party involved in the transaction with the exception of the claimant has been benefited by the goods, all at the loss and expense of the claimant.

Attest:

GROWERS FERTILIZER CO.,
By J. E. NOBLES, President.

J. E. NOBLES, JR., Secretary.

STATEMENT OF R. H. HOWELL OF WEST PALM BEACH, FLA.

I, R. H. Howell, whose address is 325 Trinity Place, West Palm Beach, am familiar with those certain items set out in the claim of Growers Fertilizer Co. against Farm Security Administration of the United States of America which arose in Palm Beach County, Fla.; that during the time the Growers Fertilizer Co. supplied, furnished, and delivered fertilizers to the parties set out in said claim from Palm Beach County, Fla., I was the agent of the said Growers Fertilizer Co.; that a part of the said fertilizer sent to some of said growers in Palm Beach County, Fla., as set out in said claim, was forwarded out by the Growers Fertilizer Co. and delivered to said growers through an order placed by me by Charles W. Arrants who was at said time district supervisor for Farm Security Administration; and that all such orders placed through me were not placed until after the said Charles W. Arrants told me that the loan for each of the said growers had approved and that the money to pay for such fertilizer was avilable at that time. I relied upon the statements of the said Charles W. Arrants as being true and correct and had full faith and credit in his statements as a duly authorized agent of the Farm Security Administration. Had I not been told by the said Charles W. Arrants that the loans for the growers had been approved and that the money was available, I would not have requested the Growers Fertilizer Co. to deliver the said fertilizer; that in each instance I conveyed the information to the Growers Fertilizer Co. that the said Charles, W. Arrants had told me that the loans had been approved and that the money was available for the payment of the fertilizers ordered out.

R. H. HOWELL.

STATEMENT OF M. G. PLATT, WEST PALM BEACH, FLA.

I, M. G. Platt, of West Palm Beach, Fla., am a farmer and, during the years 1937 and 1938, farmed in Palm Beach County, Fla.; that I secured fertilizers from the Farm Security Administration by loans made to me by said Administration; that said fertilizers were shipped and delivered to me by the Growers Fertilizer Co. of Fort Pierce, Fla., and that in many instances at the time Charles W. Arrants, who was district supervisor of the Farm Security Administration and who handled my application for loans to purchase fertilizer, advised me that said loans had been approved, the said Charles W. Arrants did then and there order the fertilizer delivered to me from the Growers Fertilizer Co.

M. G. PLATT.

STATEMENT OF J. PAUL WARREN, OF JUPITER, FLA.

I, J. Paul Warren, of Jupiter, Fla., am a farmer and, during the years 1937 and 1938, farmed in Palm Beach County, Fla.; that I secured fertilizers from the Farm Security Administration by loans made to me by said Administration; that said fertilizers were shipped and delivered to me by the Growers Fertilizer Co., of Fort Pierce, Fla.; and that in many instances at the time Charles W. Arrants, who was district supervisor of the Farm Security Administration, and who handled my application for loans to purchase fertilizer, advised me that said loans had been approved, the said Charles W. Arrants did then and there order the fertilizer delivered to me from the Growers Fertilizer Co.

J. PAUL WARREN.

STATEMENT OF DAVID HILL, OF DEERFIELD, Fla.

I, David Hill, of Deerfield, Fla., am a farmer and, during the years 1937 and 1938, farmed in Broward County, Fla.; that I secured fertilizers from the Farm Security Administration by loans made to me by said Administration; that said fertilizers were shipped and delivered to me by the Growers Fertilizer Co., of Fort Pierce, Fla.; and that in many instances at the time Charles W. Arrants, who was district supervisor of the Farm Security Administration and who handled my application for loans to purchase fertilizer, advised me that said loans had been approved, the said Charles W. Arrants did then and there order the fertilizer delivered to me from the Growers Fertilizer Co.

O

DAVID HILL.

1st Session

No. 1036

DOROTHY CLAIR HESTER, DAUGHTER OF E. R. HESTER

JULY 5, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. EBERHARTER, from the Committee on Claims, submitted the

following

REPORT

[To accompany S. 1322]

The Committee on Claims, to whom was referred the bill (S. 1322) for the relief of Dorothy Clair Hester, daughter of E. R. Hester, 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 the sum of $316.35 to E. R. Hester, of Arcadia, La., for the benefit of his minor daughter, Dorothy Clair Hester, in full satisfaction of her claim against the United States for injuries received when she was struck by a Civilian Conservation Corps truck on the Arcadia-Bryceland Highway near Arcadia, La., on March 7, 1936.

The facts will be found more fully described in Senate Report No. 365, Seventy-sixth Congress, which is appended hereto and made a part of this report.

[8. Rept. No. 365, 76th Cong., 1st sess.]

About 6 p. m. on the above date the Civilian Conservation Corps truck was proceeding south on the Arcadia-Bryceland Highway near a public-school building and playground, at a speed estimated from 25 to 30 miles an hour. A wagon proceeding in the opposite direction had stopped preparatory to making a left turn across the highway onto a side road. Dorothy Clair Hester was running with two other children from the school building toward the road, near the wagon. She crossed the road in front of the Civilian Conservation Corps truck, which was unable to stop. The bumper of the truck struck the child, and she fell back on the radiator and was carried on the truck into a ditch on the side of the road, where she fell in front of the vehicle after it stopped.

A certified ordinance of the town of Arcadia shows the general speed limit winin corporate limits is 22 miles an hour and 15 miles an hour "from the Vicksburg, Shreveport & Pacific Railroad on Hazel Street south to Cedar Street." In his certification the mayor states the ordinance is that "providing for the rate of speed between the Vicksburg, Shreveport & Pacific Railroad to the high-school