STATE OF LOUISIANA, Parish of Jackson: Before me, the undersigned authority, personally came and appeared R. B. Kitchingham, well known to me, who being by me first duly sworn deposes and says: That he was owner and operator of the Kitchingham Motor Co., Columbia, La., from which Lonnie G. Taylor purchased a 1937 model 11⁄2-ton Ford truck on or about the 1st day of October 1937. He further states that on or about October 31, 1937, that this truck was brought into his place of business in a wrecked condition and that he repaired the truck and according to his opinion the truck was worth approximately $150 less after it was repaired than before it was wrecked. R. B. KITCHINGHAM. Sworn to and subscribed before me on this the 11th day of March A. D. 1939. My commission expires August 29, 1939. Mr. W. T. HOLLOWAY, Jonesboro, La. HODGE, LA., February 23, 1939. DEAR MR. HOLLOWAY: Mr. Allie Holsumback came to the Hodge Clinic on October 31, 1937, suffering from general contusions and back injury. X-ray was made but showed no bone pathology. He came to my office today still complaining of his back, and, after an examination, find he apparently has a sacroiliac strain more predominant on the left than on the right side. His symptoms are purely subjective. As to future disability, it is impossible to state. mild type and I believe in time he will fully recover. Very truly yours, O However, this seems to be of a W. W. MCBRIDE, M. D. ANNA H. ROSA JULY 12, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. McGEHEE, from the Committee on Claims, submitted the following REPORT [To accompany S. 1448] The Committee on Claims, to whom was referred the bill (S. 1448) for the relief of Anna H. Rosa, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 9, beginning with the word "Provided", strike out all the remaining language of the bill and insert in lieu thereof the following: ; 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 Anna H. Rosa, of East Providence, R. I., the sum of $30 in full settlement of all claims against the United States for damages to her automobile caused by snow falling from the roof of the customhouse at Providence, R. I., on January 4, 1938. The facts are fully set forth in Senate Report No. 310, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate. [S. Rept. No. 310, 76th Cong., 1st sess.] On January 4, 1938, Anna H. Rosa, of East Providence, R. I., parked her automobile on Custom House Street in Providence, R. I., near the Old Federal Building. The car was parked at 2:30 p. m. and between that hour and 3 p. m. snow fell from the roof of the building and damaged her car. The damage consisted of a broken windshield and caving in of the roof of the car. The damage amounted to $30. While no formal complaint was made of the accident to the Federal authorities in Providence, the custodian of the building was requested to furnish the Treasury Department with a report of the accident. His report is, in part, af follows: * * * no formal complaint regarding this matter was presented to this office and consequently no report was made to you of the matter. Therefore, I am unable to say anything in relation of the merit of this complaint, but I think it is timely to again invite your attention to the possibility of similar accidents due to the construction of the dome on this building. We know that when there is a great amount of snow falling, it adheres to the dome and on the slightest thaw, rolls off into the streets in great volume, there being absolutely no guard rail to prevent it. This was a matter of conversation between the district engineer's office, Boston, Mass., and this office under date of February 10, 1937, paragraph 2 of which reads as follows: "I presume that you have in mind the furnishing and installing of rails on the roof, in line with the ideas expressed when you were here.' "In conclusion, I do not think that the need for this requisite can be overemphasized and I would recommend that something be done as soon as possible, in order to prevent any possibility of a recurrence similar to the one complained of, as there is no doubt in my mind that the damages alleged were caused in a manner described in the foregoing as a possibility." The supervising Architectural Section of the Department was also requested to furnish an expression of its views as to whether the dome of the Federal building is so constructed as to constitute a hazard which could cause an accident as set forth by the claimant. His report is as follows: "You are advised that examination of the drawings indicates that the base of the dome comes within 4% feet of the extreme edge of the cornice at two sides of the building, namely Customs House Street and on the opposite side at an alley. It is quite conceivable that snow sliding down the dore would gather sufficient impetus to slide over the top of the cornice and drop to the street below, the curb of which is only 22 feet outside the overhang of the cornice which is approximately 59 feet above the sidewalk. The possibility of damage occurring in the manner quoted by the claimant is quite apparent. The subject of a snowguard to prevent such occurrences was included in the report of September 20, 1938, by the assistant district engineer with which he submitted a drawing for the snowguards and a tentative estimate." The report of the assistant district engineer, referred to above, states: 66* * * There is one item, that of snow guards, which should receive attention. The custodian reports a number of instances where snow has fallen from the roof on customhouse street, and along alley on opposite side of building, causing near injury to persons and automobiles. There is forwarded, enclosed, an outline specification and drawing showing proposed snow guards recommended at a cost of $250." The Treasury Department has no objection to the passage of the bill provided "that damage caused to the automobile of the claimant resulted from the falling of snow from the unguarded roof of the customhouse building." It seems apparent from the evidence that the alleged damage was caused by snow falling on claimant's automobile, as there were no guardrails on the dome of the building to prevent snow from falling onto the street at the location where claimant's car was parked. The following communications are appended hereto and made a part of this report. Hon. M. M. LOGAN, TREASURY DEpartment, Chairman, Committee on Claims, United States Senate. DEAR MR. CHAIRMAN: Reference is made to your letter of February 18, 1939, transmitting a copy of bill S. 1448, Seventy-sixth Congress, first session, and requesting a report as to the merits of the same. The bill authorizes and directs the Secretary of the Treasury to pay to Mrs. Anna H. Rosa the sum of $30, for damages to her automobile caused by snow falling from the roof of the customhouse at Providence, R. I. There is no evidence in the files of this Department that the alleged damage to the automobile of Mrs. Anna H. Rosa was occasioned by snow falling from the roof of the customhouse building at Providence, R. I., other than a statement to that effect contained in a communication addressed to this Department under date of September 7, 1938, by Mr. James M. Stockett, Jr., attorney. There The custodian of the customhouse in a communication of September 16, 1938, stated that “* * * no formal complaint regarding this matter was presented to this office and consequently no report was made to you of the matter. fore, I am unable to say anything in relation to the merit of this complaint * * The custodian's report indicated, however, the possibility of the alleged damage having been caused in the manner described by the claimant inasmuch as there were at the time of the alleged accident and are at the present time no guardrails on the dome of the building to prevent snow from falling onto the street at the location at which the claimant alleges the damage to her automobile occurred. This Department interposes no objection to the passage of bill S. 1448, provided that damage caused to the automobile of the claimant resulted from the falling of snow from the unguarded roof of the customhouse building. Copies of all papers on file in this Department regarding this matter are enclosed in compliance with your request. Very truly yours, DIRECTOR OF PROCUREMENT, STEPHEN B. GIBBONS, Acting Secretary of the Treasury. TREASURY DEPARTMENT, UNITED STATES CUSTODIAN SERVICE, Public Buildings Branch, Washington, D. C. SIR: Replying to your letter of the 14th instant, attached to a copy of a complaint on account of alleged damage to an automobile owned by Mrs. Anna H. Rosa, of East Providence, R. I., on January 4, 1938, by snow falling from the roof of this building, you are informed that no formal complaint regarding this matter was presented to this office and consequently no report was made to you of the matter. Therefore, I am unable to say anything in relation to the merit of this complaint, but I think it is timely to again invite your attention to the possibility of smiliar accidents due to the construction of the dome on this building. We know that when there is a great amount of snow falling, it adheres to the dome and on the slightest thaw, rolls off onto the street in great volume, there being absolutely no guard rail to prevent it. This was a matter of conversation between the district engineer's office, Boston, Mass., and this office and it was emphasized particularly in a report to that office under date of February 10, 1937, paragraph 2 of which reads as follows: "I presume that you have in mind the furnishing and installing of rails on the roof in line with the ideas expressed when you were here." This reference is made to a conversation between the Assistant Custodian and the district engineer, Schurig, who came here to investigate the matter of the need for this work, in considering a report that had been made to his office by the Custodian. In conclusion, I do not think that the need for this requisite can be overemphasized and I would recommend that something be done as soon as possible in order to prevent any possibility of a recurrence similar to the one complained of, as there is no doubt in my mind that the damages alleged were caused in a manner described in the foregoing as a possibility. Respectfully, JOSEPH J. CUNNINGHAM, Custodian. PROVIDENCE, R. I., March 9, 1939. Memorandum for the Superising Architect: This section has been requested by the chairman, Committee on Claims, United States Senate, to submit a report on bill S. 1448, Seventy-sixth Congress, first session, authorizing the Secretary of the Treasury to pay to Mrs. Anna H. Rosa the sum of $30, for damages to her automobile caused by snow falling from the roof of the customhouse at Providence, R. I. Under date of September 7, 1938, Mr. James M. Stockett, Jr., attorney for Mrs. Rosa advised this Department of the alleged accident. Inasmuch as an |