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function should be good. In my opinion the stiffness in lower back and about the hips will gradually improve with activity. His locomotion at the present time is good. In my opinion there is a 25-percent permanent anatomical disability of the pelvis but not more than a 10-percent functional disability."

The records of the War Department show that medical, hospital, and incidental expenses were incurred by Mr. Black as a result of his injuries in the aggregate amount of $1,155.95, as follows:

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At the time of the accident Mr. Black was 35 years of age and was married. His wife, Mrs. Hallie P. Black, had an income greater than that of Mr. Black and apparently was not dependent upon him. They had no children. At the time he was injured Mr. Black was employed by the Black Lumber Co., of Jasper, at a salary of $25 per week. In addition, he did independent hauling work during his off hours which produced an average income of approximately $25 per month. Mr. Black was unable to work from May 24 to December 24, 1943, and he has estimated his loss in earnings at $925. On December 24, 1943, he resumed his work with the Black Lumber Co., at a salary of $30 per week, but he is still unable to do heavy work.

On February 5, 1944, Mr. Black field a claim with the War Department in the aggregate amount of $21,182.32 ($397 for medical expenses, $272.35 for hospital expenses; $23.50 for drugs; $20 for rent of hospital bed, $199 for ambulances, $240 for wages of practical nurse, $65.47 for the living expenses of Mrs. Black in Houston while she was assisting in taking care of her husband, $925 for loss in earnings, and $19,040 for permanent disability). This claim was approved by the War Department in the amount of $1,217.32 ($397 for medical expenses, $272.35 for hospital expenses, $23.50 for drugs, $20 for rental of hospital bed, $199 for ambulance hire, $240 for wages of practical nurse, and $65.47 for necessary traveling expenses of claimant's wife as attendant) for report to Congress for settlement in accordance with the provisions of the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b). This act authorizes the War Department to consider, ascertain, adjust, determine, settle, and pay in an amount not in excess of $500, or in time of war not in excess of $1,000, where accepted by the claimant in full satisfaction and final settlement, any claim arising on or after May 27, 1941, for personal injury caused by military personnel or civilian employees of the War Department or of the Army while acting within the scope of their employment, or otherwise incident to noncombat activities of the War Department or of the Army. The act provides, however, that the amount allowed on account of personal injuries shall be limited to reasonable medical and hospital expenses actually incurred. The act further provides that "the Secretary of War may report such claims as exceed $500, or in time of war $1,000, to Congress for its consideration." The act makes no provision for the settlement of a claim for pain and suffering, physical disability, or loss in earnings, and the only method by which a claim for such damage may be settled is by way of a private relief bill in Congress.

The evidence fairly establishes that the accident and resulting personal injuries sustained by Boyd B. Black were not caused by any fault or negligence on his part, but were caused solely by the negligence of the Army driver in failing to maintain a proper lookout so that he could see and avoid crashing into another vehicle lawfully parked at the curb. It is, therefore, the view of the War Department that Mr. Black should be reasonably compensated for the personal injuries sustained by him. While the amount of the proposed award, $20,000, is excessive, the Department would not oppose the enactment of the bill if it should be so amended as to provide for an award to Mr. Black in the amount of $6,000 ($1,155.95 for medical, hospital and incidental expenses actually incurred; $65.47 for necessary expenses of Mrs. Black as attendant; $925 for loss in earnings; and $3,853.58 for personal injuries), which, it is believed, would constitute a fair and reasonable settlement of his claim.

The fiscal effect of the bill is manifest.

The Bureau of the Budget advises that it is its view that the sum of $3,853.58, which the War Department recommends as an award for personal injuries, is somewhat greater than would appear to be warranted by the extent of the injuries.

Sincerely yours,

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Before me, the undersigned authority, on this day personally appeared Boyd B. Black, known to me to be a credible person, who, after being by me duly sworn upon his oath, deposes and says:

My name is Boyd B. Black. I am now 37 years of age and have been a resident of Jasper, Jasper County, Tex., for 25 years, or more.

On the night of May 24, 1943, I suffered serious bodily injury in the town of Jasper when a United States Army truck struck the rear of my parked truck, knocking my truck upon the sidewalk and pinning me against a trick wall, crushing my pelvis and doing other damages as stated in my claim.

My physical condition now will not permit me to do heavy manual labor such as I was doing at the time of the accident. I am not qualified to do jobs of a clerical nature and the accident has impaired my earning capacity for the balance of my natural life.

BOYD B. BLACK.

Subscribed and sworn to by Boyd B. Black this 30th day of January 1945.
[SEAL]
GARLAND SMITH,
Notary Public in and for Jasper County, Tex.

THE STATE OF TEXAS,

County of Jasper:

Before me, the undersigned authority, on this day personally appeared W. L. Neal, known to me to be a credible person, who, after being by me duly sworn, upon his oath deposes and says:

My name is W. L. Neal. I have resided in Jasper, Jasper County, Tex., for 37 years.

I am manager of Service Garage in Jasper, Jasper County, Tex., and have been in the automobile and garage business for 16 years.

I have been personally and well acquainted with Boyd Black, a resident of Jasper County, Tex., for 20 years or more.

I understand, on or about 24th day of May 1943, he suffered a serious bodily injury in the town of Jasper when a United States Army truck struck his truck in the rear while it was parked in the street and knocked his truck onto the sidewalk, pinning him against a brick wall, crushing his pelvis, and. doing other damages to his person.

At and before his injury he was associated in business with his father in Black Lumber Co. here in Jasper. I understand that he was drawing a salary of $100 per month from the Black Lumber Co. at the time of his injury and had been for sometime prior to such injury for such services. I further understand that he did extra hauling after work hours for the lumber company and this money was for his personal benefit and by means of which he earned several additional dollars per month, the extra amount of which is not known to me. I have been informed that all of this information has been duly presented to the claims department of the United States Army.

W. L. NEAL. Sworn to and subscribed before me by W. L. Neal, this 30th day of January 1945. JESSIE SWANN SMITH, Notary Public in and for Jasper County, State of Texas.

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Before me, the undersigned authority, on this day personally appeared Garland Smith, known to me to be a credible person, who, after being by me duly sworn, upon his oath deposes and says:

My name is Garland Smith. I have resided in Jasper County, Tex., for more than 40 years. I am a lawyer and abstracter by profession.

I have been personally and well acquainted with Boyd Black, a resident of Jasper, Tex., for 20 years or more.

On or about the 24th day of May 1943 he suffered a serious bodily injury in the town of Jasper when a United States Army truck struck his truck in the rear while it was parked in the street and knocked his truck onto the sidewalk and pinned him against a brick wall, crushing his pelvis and doing other damages to his person.

At and before his injury he was associated in business with his father in Black Lumber Co. here in Jasper. I understand that he was drawing a salary of $100 per month from the Black Lumber Co. at the time of his injury and had been for some time prior to such injury for such services. I further understand that he did extra hauling after work hours for the lumber company and this money was for his personal benefit and by means of which he earned several additional dollars per month, the exact amount of which is not known to me. I have been informed that all this information has been duly presented to the claims department of the United States Army.

GARLAND SMITH. Subscribed and sworn to by Garland Smith this 30th day of January 1945. [SEAL] JESSIE SWANN SMITH, Notary Public in and for Jasper County, State of Texas.

JASPER, TEX., December 30, 1944.

To Whom It May Concern:

This is to certify that Boyd Black, of Jasper, Tex., reported to my office today, December 30, 1944, for physical examination. He gave history of injury as of May 24, 1943.

His statement of today is much the same as formerly stated, weakness in lower back and legs. He tires with normal exercise and unable to pass urine at intervals. He also states he is unable to have a normal erection as before the injury. He also complains of severe lower back pain after lifting.

His physical condition is unchanged since my former report, and I still have to use sounds at intervals to enable him to pass his urine.

I have occasion to see him at intervals of 2 or 3 weeks, and he has improved about as much as expected, and as formerly stated I consider him 25 to 35 percent permanently disabled, without hope of further improvement.

Yours truly,

H. W. HARDY, M. D.

RICHARDSON HOSPITAL Jasper, Tex., January 30, 1945.

This is to certify that I saw Boyd Black, Jasper, Tex., May 24, 1943, when he was struck or injured by Army truck. I helped handle him and transfer him to Hardy Hancock Hospital immediately after he received the injury. He was shocked and could not stand up or walk. Pelvis bones broken and urethratorn or punctured. Was treated here and also Houston, Tex. Mr. Black has only partly recovered from his injuries received on above date.

My opinion is that he has permanent disability and that he will never be able to do manual labor.

Very respectfully,

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FEBRUARY 27, 1945.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

[To accompany H. R. 2186]

The Committee on Claims, to whom was referred the bill (H. R. 2186) for the relief of Pennsylvania Coal & Coke Corporation, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

A similar bill was favorably reported by this committee during the Seventy-eighth Congress.

The facts will be found fully set forth in House Report No. 397, Seventy-eighth Congress, which is appended hereto and made a part of this report.

The bill is written in accordance with recommendation of the Comptroller General of the United States.

[H. Rept. No. 397, 78th Cong., 1st sess.'

The purpose of the proposed legislation is to authorize and direct the Comptroller General of the United States to credit the account of the Pennsylvania Coal & Coke Corporation, of New York, N. Y., in the amount of $24,540.02, representing the amount deducted from contracts Nos. Tps-20037 and Tps-20041, dated October 26, and November 10, 1937, respectively, for the furnishing of coal to the Treasury Department.

STATEMENT OF FACTS

The claimant, Pennsylvania Coal & Coke Corporation, entered into two contracts, Nos. Tps-20037 and Tps-20041, dated October 26, 1937, and November 10, 1937, respectively, with the Procurement Division of the United States Treasury Department, for the furnishing of coal for said Department.

Each contract was expressly made subject to paragraph 9 of schedule No. 1 (special conditions) to "Specifications and Proposals Issued by the Treasury Department, Procurement Division, Branch of Supply, Washington, D. C.", which provided:

"In the event that the National Bituminous Coal Commission shall establish during the period of this contract a minimum price for the size of coal produced at the mine named in the contract which is more than the contract price for such

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