as these people rendered, but, as stated, this money could not be used in the payment of the instant claims due to the fact the workers were not certified employees. The bill, as originally introduced, provided for payment of these claims out of this fund available under what was described as "Official Project No. 165-54-8017" (approved in Presidential letter No. 5584, November 6, 1936), but your committee has ascertained that this money is not now available under the original project, the money having since been reassigned. The bill as amended is considered the proper form, both to protect the Government's interest, as well as the claimants', and it is recommended that the bill in this form be passed. Appended hereto are the reports of the Works Progress Administration and Comptroller General, together with other pertinent material. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, WORKS PROGRESS ADMINISTRATION, United States House of Representatives. MY DEAR MR. KENNEDY: There has been received your letter dated May 9, 1938, transmitting copies of House Resolution 10376, proposing that the Administrator of the Works Progress Administration be authorized to pay the wages of workers at Cairo, Ill., who performed emergency labor in the Ohio River flood disaster during the period January 26 to February 3, 1937. In compliance with your request for a report of the pertinent facts as disclosed by the files of this office, there is transmitted herewith an original copy of the Acting Comptroller General's letter dated April 9, 1938, whereby the General Accounting Office rejected the proposed payments. Quoted in the enclosed letter from the Acting Comptroller General is letter of transmittal with which the related time reports were forwarded to the General Accounting Office for consideration. As described in the quoted letter, a large group of workers were recruited by various officials of the city of Cairo, Ill., for emergency work in connection with the protection of property against the ravages of the Ohio River flood. There is also set forth in the attachment the reasons for nonpayment of these workers, the present status of the matter being that the time reports rejected by the Acting Comptroller General were forwarded to Representative Keller under date of April 14, 1938, and that there is no proper basis for payment of these workers from Federal funds unless specifically authorized by the Congress. Sincerely yours, HARRY L. HOPKINS, Administrator. COMPTROLLER General of THE UNITED STATES, Hon. AMBROSE J. KENNEDY, House of Representatives. MY DEAR MR. CHAIRMAN: Further reference is made to your letter of May 16, 1938, acknowledged May 17, 1938, inclosing copies of H. R. 10376, Seventy-fifth Congress, third session, entitled, "A bill for the relief of certain workers performing emergency work at Cairo, Ill., in the Ohio River flood of 1937," and requesting all papers, or copies of papers, on file in this office relating to the matter, together with an opinion as to its merits. H. R. 10376 is as follows: "That the Administrator of the Works Progress Administration is hereby authorized and directed to pay, out of funds available for the prosecution of Official Project Numbered 165-54-8017 (approved in Presidential letter Numbered 5584, November 6, 1936), the wages of workers at Cairo, Illinois, who performed emergency labor in the Ohio River flood disaster during the period from January 26, 1937, to February 3, 1937. Such payments shall be made to the workers and in the amounts set forth in the time reports (W. P. A. Form Numbered 502, Revised) which were certified by a timekeeper and project superintendent, but which were not approved for payment by reason of failure in the emergency to properly assign such workers for employment and payment by the Works Progress Administration (decision of the Acting Comptroller General, April 9, 1938, (A-94042)). Payment to any worker under this Act shall be in full settlement of all claims of such worker against the United States on account of the work covered by said time reports." The claims of the workers at Cairo, for whose benefit the relief is proposed by the bill, were presented to this Office by the Works Progress Administration with an unfavorable recommendation thereon, and by decision of April 9, 1938, copy herewith, the Administrator, Works Progress Administration, was advised why, under existing law, the pay rolls could not be approved by this office for payment from any appropriated funds. The matter was further considered in my letter of May 3, 1938, to Congressman Kent E. Keller, copy herewith. This Office has no information relative to this matter except as set forth in the communications quoted in the decision of April 9, 1938, and letter of May 3, 1938, referred to above, but from the facts reported my opinion is that the bill has some merit. Sincerely yours, ADMINISTRATOR, R. N. ELLIOTT, Acting Comptroller General of the United States. COMPTROLLER GENERAL OF THE UNITED STATES, Washington, April 9, 1938. Works Progress Administration. SIR: Letter dated April 6, 1938 (FIN:C), from the Director of Finance, Works Progress Administration, which it is understood has been presented with your approval, is as follows: "Transmitted herewith, for final adjudication, is a file constituting the claims of a number of emergency flood workers who were recruited by various officials of the city of Cairo, Ill., for emergency work performed at the height of the Ohio River flood during the period January 26 to February 3, 1937. "Attached are time reports (W. P. A. Form No. 502, revised) listing the names and addresses of the claimants, the alleged number of hours of emergency work performed, the rate per hour, and the alleged aggregate amount earned; and letter dated February 21, 1938, over the signature of the Honorable Kent E. Keller, United States House of Representatives, which summarizes the claimants' position in the matter, and their understanding that the Works Progress Administration would pay them for the services rendered. "In the first paragraph of Congressman Keller's letter, allusion is made to the presence of Administrator Hopkins in Cairo at the time the work in question had just been completed and to a statement by Mr. Hopkins to the effect that the men should be paid by the Works Progress Administration. In this connection, it may be stated that funds for the prosecution of official project No. 165-54-8017, approved in Presidential letter No. 5584, dated November 6, 1936, were available for payment of these wages at the time. "The purpose of official project No. 165-82-8029, as set forth in the cited Presidential letter, is: ""To furnish employment for persons in need of relief in the following States, including necessary incidental expenses, for the operation or aiding in the operation of miscellaneous non-Federal work projects on public property or on private property for the benefit of the general public to provide the necessary temporary measures to avert danger to life, property, or health in the event of disaster or grave emergency caused by flood, storm, fire, earthquake, or similar cause, and to facilitate the resumption of normal community activities which may have been disrupted thereby; provided that no Federal funds shall be used for the purchase of land or for the payment of easements; and provided further that no obligations shall be incurred without authorization from the Works Progress Administration, Washington, D. C.' "Authority to obligate funds made available for this project had been furnished the Works Progress Administration in Illinois by the Federal Works Progress Administration, Washington, D. C., in accordance with the last proviso of the Presidential approval. "The difficulties and irregularities which have resulted in nonpayment of the amounts listed in the attached time reports were principally that the workers were not assigned or instructed to work by proper authority within the regulations of of the Works Progress Administration; that, to the contrary, these employees were recruited by various city officials; and, that various of the persons originally proposed to be paid for this work could not be identified, or were found to be regularly assigned Works Progress Administration workers who had actually been previously paid by the Works Progress Administration for the period involved. There is included in the file transmitted herewith copy of letter dated March 17, 1937, over the signature of Aubrey Williams, Acting Administrator, and letter of April 3, 1937, over the signature of Mr. Harry Hopkins, Administrator, both addressed to the Honorable Kent E. Keller. These communications convey the administrative determination as to the propriety of effecting payment of the amounts allegedly due from Federal funds. "In the fourth paragraph of the Honorable Kent E. Keller's letter of February 21, reference is made to the payment, by the Works Progress Administration, of workers at New Madrid, Mo., for similar services. The circumstances are different, in a most significant aspect, from the conditions extant at Cairo, in that, according to information furnished by the State administrator of the Works Progress Administration of Missouri, the Works Progress Administration in Missouri did actually assign the men and there was no question or confusion as to the status of the workers during the emergency period. "This Administration has consistently maintained that the irregularities described above precluded payment of these workers from Federal funds, particularly in that no responsible official of the Works Progress Administration would, or could be expected to, certify pay rolls having so little tangible support as to propriety of payment. This office has never felt that the circumstances justified instructing a certifying officer to assume the responsibility for these payments. It is for that reason that, at the persistence of the claimants, the matter is submitted to your office in this manner. "The time reports herewith submitted contain the names of those workers who were definitely identified and who were not paid on regular Works Progress Administration rolls and have been certified by a timekeeper and project superintendent, each of whom is an apparently responsible employee of the city of Cairo, Ill. There appears no reason to believe that the services reported were not actually rendered." The persons whose names appear on the pay rolls presented with this letter were not employed or assigned to duty by or on behalf of the United States Government and the work was not performed for the United States Government. No allocation of relief funds had been made for the work and there is no showing regarding the status of the individual persons, whether or not they would meet the conditions authorizing payment from relief funds. Apparently such persons either volunteered for duty or were pressed into service by the local non-Federal authorities during the flood emergency. In the absence of a Federal statute specifically authorizing payment for the services of these persons who were not employed by the Federal Government and whose services were not performed under the supervision or direction of any officer of the Federal Government having authority to engage such services, there exists no lawful basis at this time on which the pay rolls may be approved by this office for payment from any appropriated funds. Respectfully, Hon. AUGUSt Bode, Mayor, City of Cairo: (Signed) R. N. ELLIOTT, Acting Comptroller General of the United States. CHICAGO, ILL., February 20, 1937. Every possible effort is being made to complete necessary records and authorization but we have no way by which we can fix a date on which checks may be available. All those who are benefited are heavily indebted to you and other local and State officials for efforts and private funds for services rendered with no private assurance that compensation could be had from any source and I am confident that responsible officials and those who will be more directly benefited will clearly understand that funds are being made available as promptly as circumstances will allow. CHARLES E. MINER. CAIRO, ILL., February 19, 1937. CHARLES E. MINER, State Administrator, Works Progress Administration, Chicago, Ill. Relying upon your statement and also statement made by Mr. Hopkins while in Cairo we assured men employed on levee-protection work that they would be paid promptly. After lapse of more than 2 weeks and after detailed pay roll was submitted to Works Progress Administration district office at Herrin, I was advised today by wire from A. G. Foote that at present no prediction can be made as to when checks will be written. These employees are very impatient and restless and are demanding their pay now. Violence has been threatened by groups of these men and it is of utmost importance that we have some definite answer for these men without further delay. Mayor AUGUST Bode, Cairo, Ill. AUGUST BODE, Mayor. HERRIN, ILL., February 19, 1937. Re pay roll city employees. In view of fact that all regular Works Progress Administration employees have not yet been paid and need felt for further investigation of pay roll at present no prediction can be made as to when checks will be written at this time. Will notify you as soon as definite information available here. Mayor BODE, Cairo, Ill.: A. G. FOOTE. HARRISBURG, ILL., February 6, 1937. Confirming conversation Governors meeting February 3, Works Progress Administration will pay men employed by responsible officials of city of Cairo between the period of 8 a. m., January 24 and 1 p. m., February 3, who were used to work in connection with flood control in city of Cairo in handling sand or earth for work on levee. No men eligible for payment who were put to work as volunteers, these men not being certified or assigned by Works Progress Administration are not employees of same therefore not eligible for United States Employees Compensation. They are in fact employees of city of Cairo. Payment to these men will be made by individual checks which will be based on records prepared by the Works Progress Administration and these records will be made up upon signed and notarized statement by the commissioner of finance and mayor of the city of Cairo which statement shall show the name, address of worker, and for each worker the hours worked, by day and by total number, and the hourly rate set by the city of Cairo, but no payment will be made at more than 30 cents per hour. A. G. FOOTE, Assistant District Director, Works Progress Administration, J. ARISTIDE LEFEVRE JULY 13, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. WINTER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 3569] The Committee on Claims, to whom was referred the bill (H. R. 3569) for the relief of J. Aristide Lefevre, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 3, strike out the word "is" and insert in lieu thereof the language "be, and he is hereby,". Line 6, after the word "in" insert "full settlement of all claims against the United States for". 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 J. Aristide Lefevre the sum of $108 in full settlement of all claims against the United States for reimbursement of the amount paid by him in settlement of a judgment rendered against him in favor of Corrine E. Dupuis, of Willimansett, Mass., who was injured on August 13, 1936, as a result of being struck by a United States mail truck operated by him in the regular performance of his duties as an employee of the Post Office Department. STATEMENT OF FACTS The evidence discloses that on August 13, 1936, Carrier Lefevre was operating a mail truck and was making a proper left turn at an intersection and had practically completed the crossing of the inter |