London medicine case $18; emergency operating case and instruments $8; other instruments $12; drugs $4.

Total....

44. 00 309.00

A. EDWARD BOSTROM.

February 27, 1935.

JULY 6, 1935.

Senator PETER NORBECK,

Washington, D. C.

MY DEAR SENATOR: Last January I was temporarily employed as physician at Onigum, Minn. Quarters were furnished for the use of which I was paying the Government. The weather was very cold and an inexperienced Indian, acting as fireman, produced an overheated furnace, which set fire to the house, and destroyed my personal belongings.

I reported this loss to the Indian Department through the superintendent of the Cass Lake Agency. The destruction of this property was no fault of my own and it would appear to me that I should be reimbursed.

I very much dislike to trouble you with such personal affairs of mine, but in these times, when working for a small salary, one can ill afford such a loss as I sustained. Anything that you can do for me in securing payment for this claim will be very much appreciated.

I am enclosing a list of articles destroyed, with not the cost but a fair value placed on each article, due consideration being taken of the depreciation. I am also enclosing a letter of the superintendent and Mr. Collier's answer.

With best wishes, I am,

Respectfully yours,

To Whom It May Concern:

A. E. BOSTROM, M. D.

This is to certify that until December 1, 1934, and for several years prior thereto, I lived in the physician's house at Onigum, on the Leech Lake Reservation. This is the house which burned while occupied by Dr. A. E. Bostrom. I also certify that the distance between the furnace and the joists was about 18 inches. When the furnace got hot there was an odor of wood due to the heat- -a hot-wood odor. We would then close the heater up and open the middle door to cool off the furnace. This was a hot-air furnace.

Respectfully yours,

Portland, OrEG,. February 15, 1937.

To Whom It May Concern:

WILLIAM W. ABBOTT, M. D.

LAPWAI, IDAHO, March 18, 1937.

This is to certify that I was employed at the Indian hospital at Onigum, Minn., at the time the physician's house burned on January 23, 1935. The temperature stood less than 40° below zero. The water-supply tank was frozen. A temporary fireman was tending the furnace at the physician's residence. No one was in the house at the time of the fire, as Dr. A. E. Bostrom, the physician, was obliged to be away from the house in line of duty. When the fire was discovered, it was so far advanced that it was impossible to save anything from the house. SUSAN R. SHOEMAKER, R. N.

PORTLAND, OREG., March 19, 1937.

To Whom It May Concern:
On January 23, 1935, while temporarily employed as physician in the Indian
Service at Onigum, Minn., the Government house in which I was living was
destroyed by fire. This house had been unoccupied for a month previous to my

tenancy. During this time a fire in the furnace had been kept to prevent the water pipes from freezing, and this service was continued during my occupancy. The weather was extremely severe, and the overheating of the furnace set fire to the house. The fire was not discovered until it had gained such headway that it was impossible to save any of my personal belongings. The standpipe and fire hydrant were frozen, so no water was available to fight the fire. I had no insurance on the articles burned.

A. E. BOSTRUM, M. D.

Sworn and subscribed to before me this 19th day of March 1937. [SEAL]

My commission expires August 13, 1939.

PEARL EMKEN, Notary Public for Oregon.

TERRITORY OF HAWAII,

AFFIDAVIT OF GORDON W. EMERSON

City and County of Honolulu, ss:

Gordon W. Emerson, being first duly sworn, deposes and says, that during all times hereinafter mentioned he was the farm agent at Onigum, Minn., subagency for the Cass Lake Indian Reservation; that during the month of January 1935, A. Edward Bostrom, M. D., was the physician and surgeon at said Onigum and was living in the physician's cottage at said subagency; that during the month of January 1935 the physician's residence in which he was living was completely consumed by fire, together with all contents therein, including Dr. Bostrom's personal effects which were in the cottage; that your deponent is unable to recall the exact date of the fire but that the same was during the month of January 1935; that the fire started between 7:30 and 8 a. m., on the morning in question; that at this time Dr. Bostrom was not in the cottage but was attending to his duties at and in the sanitarium; that on this occasion the weather was extremely cold, being about 52° below zero and extra help had been employed in the various buildings to keep the fires going; that about 7 on the morning of the fire the fireman had filled up the furnace at the physician's residence and had gone home; that apparently said fireman had left the draft of the furnace open and as the furnace was very close to the ceiling in the basement where it was located, the furnace became red hot and caused the ceiling just above the furnace to catch fire, which resulted in the burning of the building; that on several previous occasions while in the physician's residence your deponent had noticed the odor of hot wood and had further noticed that as soon as the odor of burning wood became apparent the occupants had turned the draft of the furnace off.

Further deponent sayeth not.

Subscribed and sworn to before me this 24th day of March 1937.

[SEAL]

GORDON W. EMERSON.

HARRY K. SNYDER

JULY 13, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. FENTON, from the Committee on Claims, submitted the following

REPORT

[To accompany S. 1821]

The Committee on Claims, to whom was referred the bill (S. 1821) for the relief of Harry K. Snyder, 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 2, line 4, after the word "Act" strike out the period, insert a semicolon, and add the following language:

And provided further, That such claim be filed within six months after the passage of this Act.

The purpose of the proposed legislation is to waive the statute of limitations and permit Harry K. Snyder, of Wilmington, Del., to file a claim with the Employees' Compensation Commission for disability alleged to have been incurred by him on February 16, 1926, while employed as a keeper of the United States Lighthouse Service, Port Penn, Del., and to leave the Commission free to determine merits of his claim and to afford such measure of relief as the facts, when established, may show him to be entitled to under the Employees' Compensation Act.

The facts are fully set forth in the Senate Report No. 369, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate.

Claimant's reason for not filing his claim within the statutory period is that his superiors were prejudiced against him and consequently neglected to forward the necessary papers to the Commission.

Under the circumstances your committee feel that Mr. Snyder should be afforded an opportunity to file his claim with the Commission, leaving the Commission free to determine the facts.

The following communications are appended hereto and made a part of this report.

UNITED STATES EMPLOYEES' COMPENSATION COMMISSION,
Washington, March 30, 1938.

CHAIRMAN, COMMITTEE ON CLAIMS,

United States Senate, Washington, D. C.

DEAR MR. CHAIRMAN: Reference is made to your request for the Commission's report upon the bill (S. 3484) for the relief of Harry K. Snyder. The bill provides: "That notwithstanding the provisions and limitations of sections 15 to 20, both inclusive, of the Act entitled 'An Act to provide compensation for employees of the United States suffering injuries while in the performnace of their duties, and for other purposes,' approved September 7, 1916, as amended, the United States Employees' Compensation Commission be, and the same is hereby, authorized and directed to receive and consider, when filed, the claim of Harry K. Snyder, of Wilmington, Delaware, for disability alleged to have been incurred by him on February 16, 1926, while employed as a keeper of the United States Lighthouse Service, Port Penn, Delaware, and to determine said claim upon its merits under provisions of said Act: Provided further, That no benefits shall accrue prior to the enactment of this Act."

It appears from the files of the Commission that Harry K. Snyder was formerly employed by the Bureau of Lighthouses, Department of Commerce, as keeper of the light station at Old Reedy Island, Port Penn, Del.; that on March 16, 1926, the Commission received a report of injury (Form C. A. 2), executed by B. B. Dorry, superintendent, fourth lighthouse district, in which he reported that Mr. Snyder on February 16, 1926, had sustained an injury when his right foot slipped while he was pulling a rowboat at the light station and that he had suffered strain in the left groin as the result thereof; that he had lost no time from work since the date of the injury. It was not until August 18, 1928, however, that a claim for compensation on account of this injury, duly executed by Harry K. Snyder, was received by the Commission.

The file in this case also contains a report dated May 23, 1928, signed by B. R. Veasey, surgeon, Wilmington, Del., in which he stated that Mr. Snyder had been fitted with a truss and discharged from treatment on May 8, 1926.

Since it appeared that no claim for compensation had been filed by Mr. Snyder within 1 year after the date of the alleged injury in this case (nor within 1 year after the date of obtaining medical treatment), as is required by section 20 of the Federal Employees' Compensation Act of September 7, 1916, the Commission had no authority to consider the merits of Mr. Snyder's claim, and he was so advised by letter dated September 29, 1928.

Since, for the reason stated above, the Commission was without authority of law to consider the compensability of Mr. Snyder's claim, no inquiry was made into the merits thereof, and the Commission can express no opinion thereon.

The proposed measure is apparently designed merely to waive in favor of Mr. Snyder the bar of the time limitations in sections 15 to 20, both inclusive, of the Compensation Act, referred to above, and to leave the Commission free to determine the merits of his claim and to afford him such measure of relief as the facts, when established, may show him to be entitled to under the Employees' Compensation Act.

In view of the foregoing the Commission makes no recommendation as to the advisability of the enactment of the bill S. 3484.

Very truly yours,

JOHN M. MORIN, Acting Chairman.

WILMINGTON, DEL., February 25, 1938.

Hon. SENATOR Townsend: Ex-Senator Stewart requested me to write you and give you any information that might help you in regard to getting me some compensation.

I will inform you that the superintendent, B. B. Dorry, previous to my furlough on disability, was prejudiced against me by some gossip, and passed a remark that I would get nothing if he could keep me out of it.

I will attach my dismissal from the service, which shows I was dismissed on disability. I had 2 years' furlough, and at the end of each year they offered me work, but it was such a character that I was unable to execute the duties and I refused on physical disability.

On those grounds alone I feel they should have given me compensation. They also acknowledge I had the necessary form in office, and it was not forwarded to Department in Washington, which no doubt was neglected on purpose. Correspondence shows there was ill will against me.

I hope you may be fortunate to get me some compensation.
Yours truly,

H. K. SNYDER.

DEPARTMENT OF COMMERCE,

Mr. HARRY K. SNYDER.

APPOINTMENT DIVISION, Washington, November 15, 1928.

(Through the Commissioner of Lighthouses.)

SIR: The Department, upon recommendation of the Commissioner of Lighthouses, has discontinued, without prejudice, your services as keeper at $1,380 per annum in the Lighthouse Service (fourth district) effective at the close of business on March 31, 1927. This action is taken in view of the expiration of the leave without pay for 1 year, effective April 1, 1926, granted you on account of poor health, and your inability, by reason of injury, to accept the position of additional keeper at large tendered you on March 29, 1927.

By direction of the Secretary:
Respectfully,

JOHN LARSON,

Chief of Appointment Division.

H. Repts., 76-1, vol. 5-71

O