disinterested parties which were secured by the investigating officer ranged from $200 to $500. According to a statement of Mr. Thompson, he had been offered the sum of $325 for his tractor shortly before the accident and he had been willing to accept that amount, but the sale was not consummated because the prospective purchaser was unable to secure the necessary cash. The value of the tractor at the time of the accident may, therefore, be fairly estimated at $325. As the salvage value of the wreckage was estimated at $200, a fair estimate of the total property loss sustained by Mr. Thompson as a result of the damage to his tractor is $125. W. F. Nelson, land appraiser for the division real-estate suboffice, United States engineers, Denison, Tex., appraised the damage to Mr. Thompson's crops resulting from the loss of the use of the tractor at $155. The records of the War Department show that as a result of his injuries Mr. Thompson incurred medical and hospital expenses in the aggregate amount of $71.50, as follows: Gainesville Sanitarium, Gainesville, Tex... Dr. C. B. Thayer, Gainesville, Tex... Total.... $34.50 15.00 22.00 71. 50 On November 16, 1942, Paul T. Thompson filed a claim with the War Department in the amount of $3,279.50 ($1,500 for personal injuries; $1,080 for loss of crops; $71.50 for medical and hospital expenses; $600 for damage to the tractor; and $28 for interest on the money). In view of the fact that Mr. Thompson is unwilling to accept any amount in full satisfaction and final settlement of his claim which, under existing law, may be settled administratively, no action has been taken on his claim. Mr. Thompson was 53 years of age at the time of the accident. His wife, Mrs. Theo Lindsey Thompson, is his only dependent. No evidence has been furnished showing any loss in income which may have resulted from the personal injuries sustained by him in this accident. The evidence clearly establishes that the accident and the resulting property damage and personal injuries sustained by Mr. Thompson were not caused by any fault or negligence on his part, but were caused solely by the negligence of the Government driver in attempting to pass another vehicle when under the conditions then existing he could not execute such movement in safety. It is, therefore, the view of the War Department that Mr. Thompson should be reasonably compensated for the property damage and personal injuries sustained by him. In view of the fact that Mr. Thompson does not appear to have sustained any injuries which will result in permanent disability, it is believed that the amount of the proposed award, $2,750, is excessive. The Department, however, would not oppose the enactment of the bill if it should be so amended as to provide for an award to Mr. Thompson in the amount of $1,000 ($71.50 for medical and hospital expenses, $125 for damage to his tractor, $155 for damage to crops resulting from loss of use of tractor, and $648.50 for personal injuries), which, it is believed, would constitute a fair and reasonable settlement of his claim. It is recommended that the words "property damage," be inserted before the words "personal injuries" on line 6, page 1, of the bill. The fiscal effect of the bill is manifest. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, HENRY L. STIMSON, Mr. ED GOSSETT, M. C., Washington, D. C. NOCONA, TEX., May 29, 1943. DEAR SIR: I have this day examined Paul T. Thompson, of Bonita, Tex., who was run over by a Government car, No. W-1353, on July 1, 1942. He sustained a head injury, lacerating the scalp above the right ear and slightly to the back about 2 inches in length. Another scalp injury above the left eye about the line of the hair extending near 1 inch in length. Also he sustained a fracture of the right clavicle and a severe bruise at the head of the right tibia. He still complains of pain in his head which becomes almost unbearable after a short period of exertion of any kind especially if he gets warm. I cannot tell what the injury to the skull was at that time as it was not X-rayed. The right shoulder as a result of the fracture of the clavicle has become lower than it should be normally; there being such deformity of the clavicle. COPY OF LETTER FURNISHED GOVERNMENT ON DECEMBER 15, 1942 To Whom It May Concern: This is to certify that I treated Paul Thompson from July 4 to July 10, 1942. Mr. Thompson gave a history of receiving an injury while driving down the road with his tractor. He said his tractor was hit by an automobile which was coming from behind. He said he first went to Dr. Mood of Nocona, Tex., for first aid which was about 1 week prior to the time that I first saw him. I placed him in the Gainesville Sanitarium, July 4 and had X-ray pictures made of shoulders and chest. X-ray pictures showed fracture of right clavicle. He also had a scalp injury which had been taken care of by Dr. Mood and a scratch on leg below knee. He was complaining of pain in knee in region of kneecap but there were no objec tive symptoms of any injury of knee. I put his clavicle fracture up in the usual shoulder strap. He remained in the hospital until the 10th of July. His temperature was never above 99° during his stay in the hospital and that was on the day that he was admitted which was 2:30 p. m. He never had any temperature after that time. He was up and around his room practically every day while at hospital. He said that he felt better up than when in bed. He left the hospital on July 10, 1942, and returned back to my office some 2 or 3 weeks later. I removed the clavicle strap at that time. He said that he was feeling fairly well and shoulder was in good condition except slight deformity at the site of clavicle break. I have never seen him any since this time until today. The above report is made both from my records and the Gainesville Sanitarium. Dr. C. B. THAYER, M. D. As an assistant to Dr. Frank A. Mood, Nocona, Tex., I make this statement: Mr. Paul Thompson came to the office on July 1, 1942, at about 6 p. m., with a broken collarbone and severe scalp wounds; one just above and slightly behind right ear, and the other over left eye in edge of hair. Mr. Thompson was given treatment by Dr. Frank A. Mood on July 1, 2, 3, 1942, and was then sent to a Gainesville hospital, where he was treated by Dr. Thayer. Mr. ED GOSSETT, M. C., Washington, D. C. LEE L. BOYD. ST. JO, TEX., May 8, 1943. DEAR SIR: This is to bring before you the facts in connection with damages caused by Government car No. W-1353 to the best of my ability and knowledge under oath. On July 1, about 5:30 p. m., 1942, while driving my Farmall tractor from the field to the house, being on the extreme right side of the highway, traveling west, I was struck from behind and the tractor was demolished and sold for $155 as repair junk. I was seriously injured personally. However, at this point my personal knowledge passed away and whatever I did, told, or tried to do will have to be left to others as some 3 weeks elapsed before matters are clear enough for me to certify to or swear to at all. I hope I acted right everywhere but if anyone opposed me I am afraid that I did not. My wife tells me that she heard the crash, and when she reached me I was near the center of the highway, bleeding terribly and was very still. She says a passing car picked me up and carried me to Dr. Mood of Nocona, Tex. Dr. Mood washed away the blood and closed the long gash that was located above my right ear using 16 clamps. Then he set my shoulder and bound my side and shoulder together. He treated the bruise on the left side of my head above my left eye and she carried me to the home of my brothers where I remained for 4 days. She says a neighbor brought me home but that I was suffering so that she saw she could not do anything with me and that she called my brother to take me to the hospital. He took me to Gainesville Sanitarium. Mrs. Morris the X-ray operator has known me and had more to do with me than anyone else. What they did or what I told them will have to be answered by them. How I left the sanitarium or why they perhaps can tell. As it now stands I have a badly deformed shoulder that is rarely clear of pain, my neck is sore and bothers me every wakeful minute. I have a dent in the skull above my right ear one-fourth inch by one-half inch in dimension. Also a narrow channel in the skull about 1 inch long above my left eye. The dent above the right ear is never clear of pain. The one above my left eye becomes the seat of pain if I get warm or worry about matters. I also have a weak knee that will not carry on for a full day's work. Then a damaged right thigh. This injury gives pain if I get tired or warm. On May 3, 1943, I returned to work the farm and find that I can carry on for about 3 hours per day at normal work but in case I get tangled up or jerked by some animal I can last only a few minutes per day. If I get very tired a severe pain appears in the dent above my right ear, passing down my neck it reaches my shoulder point and becomes unbearable if I do not stop at once. If I continue, my head begins to draw to my shoulder point and I seem to loose my equilibrium, with a terrible pain extending from the head to the shoulder. In other words, I have to wait for another day. The financial loss separate from that of the tractor is $2,679.50. This includes all crops of all kinds including hay crops, feed for my cattle, chickens, and saddle mare. Several head of cattle were lost due to my inability to look after them or work with them. All interest has been paid on notes due to the present time. I have a note at the bank for $2,500 plus interest that falls due within the next few weeks. Respectfully, PAUL THOMPSON. I, Ernest Curlin, a notary in and for the said Montague County, Tex., certify that personally appeared Paul Thompson known to me who declares and certifies that the above statements are true and correct to the best of his knowledge and belief. Given under my hand and seal this 17th day of May 1943. [SEAL] ERNEST CURLIN, Notary Public in and for Montague County, Tex. WAR DEPARTMENT, OFFICE OF THE CHIEF OF ENGINEERS, Hon. ED GoSSETT, House of Representatives, Washington, D. C. DEAR MR. GOSSETT: Further reference is made to your letter of April 9, 1943, relative to the claim of Mr. Paul T. Thompson, R. F. D. 1, St. Jo, Tex., for personal injuries and property damage resulting from a collision between a tractor operated by Mr. Thompson and a motor vehicle of the Engineer Department near Bonita, Tex. Report of board of officers which convened to investigate the accident, discloses that on July 1, 1942, Mr. Thompson was driving a Farmall tractor on the far right side of a paved highway about 9 miles east of Nocona, Tex. The driver of the Government-owned automobile was proceeding behind the tractor. When the driver of the Government vehicle attempted to pass the tractor, he saw another car coming from the opposite direction and swerved back into the right lane, running into the rear of the tractor. Mr. Thompson was thrown off the tractor receiving a fractured right clavicle and minor injuries. The board determined the damage to the tractor to be $125. Under existing statutes relating to accidents of this nature, Congress has not authorized payment to be made for personal injuries. Mr. Thompson has not indicated his willingness to accept $125 in release of all claims for damage to his personal property against the United States arising out of the accident as required under the act of December 28, 1922 (42 Stat. 1066; 31 U. S. C. 217), the statute applicable to the case. The United States district engineer, Denison, Tex., has been requested to communicate with Mr. Thompson in regard to making an adjustment for the damage sustained to the tractor, and upon acceptance from Mr. Thompson of the proposed settlement, the matter will receive prompt attention. Sincerely yours, THOMAS M. ROBINS, Major General, Acting Chief of Engineers. 79TH CONGRESS HOUSE OF REPRESENTATIVES 1st Session } { REPORT No. 226 NEW ENGLAND TELEPHONE & TELEGRAPH CO. FEBRUARY 27, 1945.-Committed to the Committee of the Whole House and ordered to be printed Mr. PITTENGER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 987) The Committee on Claims, to whom was referred the bill (H. R. 987) for the relief of the New England Telephone & Telegraph Co., having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to authorize and direct the Comptroller General of the United States to settle and adjust the claim of the New England Telephone & Telegraph Co., of Boston, Mass., for the payment of a portion of the cost of the removal and relocation of the telephone cable lines of the said company which were located in the Shawme State Forest, Mass., such removal and relocation of the cable lines being a result of the extension of the military reservation at Camp Edwards, Mass., and to allow in full and final settlement of the claim the sum of not to exceed $27,000. STATEMENT OF FACTS The Comptroller General of the United States transmitted a request to the Speaker of the House of Representatives for this legislation, recommending its passage. Therefore, your committee recommend favorable consideration to the proposed legislation. Appended hereto is the letter from the Comptroller General of the United States. COMPTROLLER GENERAL OF THE UNITED STATES, The CONGRESS: Pursuant to the act of April 10, 1928 (45 Stat. 413), I have the honor to make the following report and recommendation concerning the claim of the New Engalnd Telephone & Telegraph Co., 50 Oliver Street, Boston, Mass., for payment of a portion of the cost of the removal and relocation of certain |