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Fox was rearrested in New York on March 29, 1940. He was returned to Florida and on April 30, 1940, pleaded guilty and was sentenced to imprisonment for a term of 3 years, and a fine of $500. On July 26, 1940, judgment was entered against the sureties for the sum of $5,000 and costs on the above-mentioned bond given in Florida in 1935. On August 2, 1940, a petition for mitigation was denied by the court. Execution was issued on September 9, 1940, and placed in the hands of the United States marshal for collection.
The Attorney General advises: “Whether the bill should be enacted involves a question of legislative policy concerning which I prefer not to make any suggestions. Under any circumstances, it would seem proper that at least the Government should be reimbursed for the expenses incurred by it by reason of the default."
Therefore, your committee recommend that the proposed bill be given favorable consideration, as amended, reducing the amount of the judgment to $500 and costs.
Appended hereto is the report of the Attorney General,
DEPARTMENT OF JUSTICE,
Washington, D. C., April 22, 1944. Hon. Dan R. McGEHEE, Chairman, Committee on Claims, House of Representatives,
Washington, D. C. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department relative to a bill (H. R. 4050) to provide for the cancelation of a judgment in favor of the United States against Day and Tamborello, as sureties on a forfeited bail bond of one Donald Fox,
It appears from the files of this Department that Donald Fox was arrested in Tampa, Fla., on April 13, 1935, on a charge of violating the narcotic laws. Two indictments were returned against him. He was released on bond in the amount of $5,000, which
was executed on May 7, 1935, and on which Day and Tamborelio were sureties. Fox failed to appear for trial and the bond was forfeited.
In January 1936, the Bureau of Narcotics sent out circulars throughout the country, in an effort to locate Fox. In June 1937, he was apprehended in Rhode Island and was released on bond in the sum of $7,000 for appearance in Florida. He again defaulted and the last-mentioned bond was also forfeited. The sum of $500 was later accepted in compromise of this indebtedness.
Fox was rearrested in New York on March 29, 1940. He was returned to Florida and on April 30, 1940, pleaded guilty and was sentenced to imprisonment for a term of 3 years, and fine of $500. On July 26, 1940, judgment was entered against the sureties for the sum of $5,000 and costs on the above-mentioned bond given in Florida in 1935. On August 2, 1940, a petition for mitigation was denied by the court. Execution was issued on September 9, 1940, and placed in the hands of the United States marshal for collection.
Mr. Day's attorney has written to this Department that the sureties expended more than $1,000 in employing private detectives in an effort to locate Fox. A reward of $250 was offered by the sureties for information leading to his apprehension.
Whether the bill should be enacted involves a question of legislative policy concerning which I prefer not to make any suggestions. Under any circumstances, it would seem proper that at least the Government should be reimbursed for the expenses incurred by it by reason of the default. The sum of $1,000 would probably cover these expenses, which comprise the cost of searching for the fugitive and the cost of returning him to Tampa from the place of arrest.
Accordingly, in the event that the Congress is inclined to give favorable consideration to this legislation, I suggest that the bill be amended so as to reduce the amount of the judgment to the sum of $1,000. This result may be accomplished by amending the bill to read as follows:
“That the judgment entered in the District Court of the United States for the Southern District of Florida against Leo Edward Day and Phillip Tamborello for the sum of $5,000 and costs on a bail bond which was forfeited on July 26, 1940, in a criminal proceeding against one Donald Fox in the said court is hereby reduced to the sum of $1,000 and costs."
I have been advised by the Director of the Bureau of the Budget that there is no objection to the submission of this report Sincerely yours,
FRANCIS BIDDLE, Attorney General.
J. P. HARRIS
FEBRUARY 9, 1945.—Committed to the Committee of the. Whole House and
ordered to be printed
Mr. McGEHEE, from the Committee on Claims, submitted the
[To accompany H. R. 1353]
The Committee on Claims, to whom was referred the bill (H. R. 1353) for the relief of J. P. Harris, 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 6, strike out "$10,000, such sums to be" and insert in lieu thereof “$3,500".
A similar bill was favorably reported by this committee in the Seventy-eighth Congress.
The facts will be found fully set forth in House Report No. 418, Seventy-eighth Congress, which is appended hereto and made a part of this report.
(H. Rept. No. 418, 78th Cong., 1st sess.) The proposed legislation would pay to J. P. Harris, of Mystic, Iowa, the sum of $3,500 for damages sustained by him as the result of personal injuries received when struck by a Federal Civil Works Administration truck on December 20, 1933, in Mystic. Appanoose County, Iowa.
On December 20, 1933, at about 4 p. m., a Civil Works Administration em. ployee, driving a truck, was proceeding south on Second Street. Where Second Street intersects Main Street in the main part of town, there is a small iron stop sign in the center of the street as the intersection is approached. Said sign is just to the north of the intersection and north of where pedestrians cross the street. The driver of the Government truck came to a stop upon approaching this sign.
At that time, the driver saw the claimant, Mr. J. P. Harris. Harris had been walking down the sidewalk on the south side of Main Street, going east, and when he reached the corner, he saw a friend cutting diagonally across the corner toward the drug store on the southeast corner. Harris hailed his friend and walked out to the center of the intersection to meet him, and upon meeting they both turned around and walked back toward the northwest corner of the intersection. Before reaching the corner, Harris saw the Government truck come to a stop at the “Stop” sign.
Harris and his friend walked to within 2 to 3 feet of the curbing just around the corner west on Main Street and stood there talking, probably having just hesitated during their conversation. Harris was standing with his back to the street.
The driver of the Government truck, probably assuming that Harris, having seen his truck, had cleared his path, rounded the corner. However, he rounded the corner extremely close to the curb, contendir that it was necessary to do this to clear the iron signs in the middle of the street on Main Street. All indications prove that the truck was being driven slowly and not recklessly, but inasmuch as the driver acknowledges having seen Harris, and did not blow a horn or give any other signal of his close approach, there seems to be negligence indicated in his having struck Harris. It seems as though his front wheels cleared Harris, but the rear right dual wheel struck Harris, knocking him down, and breaking his leg.
As a result of this injury, Mr. Harris' leg was in a cast for about 11 months, having had it reset three times, and he was incapacitated for about 14 months. The disability resulting from this injury has jeopardized his business in that he is not able to keep as active as his business requires.
Even contributing the fact that there may have been some negligence on the part of Harris in not getting completely out of the street, it seems to this committee that there was a greater negligence in the driver of the Government truck not giving warning of his close approach and striking Harris even after having seen him standing in the street, and accordingly recommends favorable action on H. R. 1346.
There is appended hereto report of the Federal Civil Works Administration, together with other pertinent papers, including a diagram of the scene of the accident.
FEDERAL Civil WORKS ADMINISTRATION,
Washington, March 7, 1935. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, House of Representatives,
Washington, D. C. MY DEAR MR. KENNEDY: In compliance with the request contained in your communication of January 30, 1935, to Mr. Hopkins, enclosing copy of H. R. 1346 for the relief of J. P. Harris, I am attaching hereto copies of papers on file with the Administration relating to the above claim.
Briefly, the facts appear to be as follows:
On December 20, 1933, at about 4 p. m., a Civil Works Administration employee, driving a truck, was proceeding down Main Street, Mystic, Iowa. Upon arrival at the intersection of Main and Second Streets he came to a complete stop, and then proceeded to make a right turn at a low rate of speed, apparently between 3 and 4 miles per hour. Mr. Harris, proceeding diagonally across the street, called to a friend, whom he met in the center of the intersection, and engaged in conversation; they then turned around and walked toward the corner of the intersection. Before reaching the sidewalk and within several feet thereof, Mr. Harris testifies that he and his friend either stood there or hesitated in the street and talked, when the truck rounded the corner. It seems that Mr. Harris saw, or should have seen the truck, but was apparently so engaged in conversation with his companion that he did not heed it, and, instead of proceeding to the sidewalk, stopped or hesitated in front of the vehicle, close to the curbing. The driver, assuming they had reached the sidewalk, rounded the corner, and though he was unaware of having struck Mr. Harris, it is alleged by the latter that the right rear dual wheel caught at the latter's leg, causing him to be thrown to the ground
His injuries, it was later ascertained, consisted of a compound fracture of the tibia and fibia of the left leg, 4 or 5 inches above the ankle. His physician states that the union in the leg was very slow, several casts and adjustments thereof were necessary; that Mr. Harris is wearing a steel brace, which he may have to wear a year, or even permanently, requiring also the use of a cane at present, and that the condition at present will not warrant an accurate prognosis.
In view of the fact that, assuming the employee of the Civil Works Administration was guilty of negligence (which fact is not clearly proven), it appears Mr. Harris was equally guilty of negligence, in failing to act in a prudent manner,
· Not printed; on file with the committee.
which negligence contributed to the cause of the injury, this administration would not feel justified in recommending favorable action on this bill. Yours very sincerely,
CORRINGTON Gill, Assistant Administrator.
Mystic, Iowa, February 18, 1935. Leport of J. P. Harris of Mystic, Iowa, made in connection with the accident of
December 20, 1933, wherein he sustained a fractured leg when struck by a truck driven by a C. W. A. employee at the corner of Main and Second Streets, in Mystic, Iowa
I am 61 years old, married, and I have three children. I live at Third Street north of Main Street in Mystic, Iowa. I have lived at this address for the last 12 or 15 years. I am a farmer and seed dealer, and stockman. Also, at the time of the accident I was engaged in the insurance business. I had the Home of New York, the American, and the Employer's. Normally my income in business runs between $5,000 and $6,000 a year, but during the last year due to the lost time as a result of the accident my income was cut down more than half. I had to employ a man to drive me around, and give men commissions to buy for me, where normally I would buy myself, and also had to get a man to work on my farm.
On the 20th day of December 1933, about 4 p. m. the accident happened. I had walked down the sidewalk on the south side of Main Street going east, and when I reached the corner, I saw Gus Astroth cutting diagonally across the corner topard the drug store on the southeast corner. I hollered at him, and walked out diagonally to the very center of the intersection and he and I commenced to talk, and then we turned right around and walked back toward the northwest corner of the intersection. Before we reached the corner, I saw a shale truck come to a stop at the “Stop” sign at the northwest corner of the street. This truck came south on Second Street and was driven as I saw at the time by Gilbert Porter. There was another man in the truck with him.
Astroth and I walked to within 2 to 3 feet of the curbing just around the corner west on Main Street. He and I stood there and talked. I was standing east of Astroth, and was facing the north or the bank building. Astroth was facing me, and we were about even with the north and south sidewalk. I will state here that I am not sure whether we had stopped or had just hesitated at this point, but as the truck came on around the corner, it struck my right leg, and then caught my left leg and threw me to the paving. I did not see the truck as it made the turn, but it was the truck driven by Gilbert Porter. The wheel of the truck did not pass over my leg at all. I think the blow of the rear right dual wheel of this truck broke my leg.
The truck had gone only 20 or 30 feet before striking me, and was not going over 15 or 20 miles an hour. I don't think the truck was speeding, but made too short a turn. The street is paved with brick at that point.
The weather was clear, and the street was dry, and it was not icy or snowy at all.
When I lit in the street after being knocked down, my head was almost against the curbing, and my feet were to the east in the street. When I tried to get up, or the men tried to help me, my left leg laid sideways, and I could not use it. ** told the men to let me lay and get a doctor.
I never saw the truck after it hit me. As I understand the truck went on down the street about a hundred feet afterward. The driver said he did not know he hit me at all.
The men carried me over to my son's shoe store on the south side of the street, and Dr. Lavaugh came there. He put a temporary cast on the leg, and then I was brought home in the ambulance.
I was in the hospital at Centerville a week, and Dr. Lavaugh treated me over there with the assistance of Dr. Hickman.
The total of my injuries of the accident was a fractured leg below the knee. The right leg was bruised, but did not cause much trouble.
My leg was in a cast for about 11 months. The reason for the long period of time was that the bone didn't knit as it should. The leg had to be reset three times. I had been incapacitated for about 14 months. It has been only about 2 months now since I put my crutches away.
At present I am wearing & steel-and-leather brace on my left leg. There is loss of motion in the ankle, and it is slowly improving.
H. Repts., 79-1, vol. 1-26
I first reported the accident to Mr. Mulock at Des Moines about January 25, 1934, and asked what could be done about it. I have been inquiring at various departments since then, but have not had any authoritative information about this from any source.
I talked this matter over with Congressman Thurston when he was in my town, and he said anything like this would take a special act from Congress.
I carry my life insurance with the Modern Woodmen, and I have $5,000 with the Lincoln National; with the Massachusetts Protective Association. I had carried some accident insurance, but had dropped it 2 months before the accident.
The witnesses as I recall were Mr. W. M. Clarke, the truck driver, Gilbert Porter, Gus Astroth, and Emery Free, and some others. I took affidavits from these men, and sent them to the Honorable Lloyd Thurston, at Washington.
I have read the two foregoing pages of this report, and they are correct and true. This is correct and true.
J. P. HARRIS.
Mystic, Iowa, February 18, 1935. Report of A. H. Astroth, of Mystic, Iowa, made in connection with the accident
of December 20, 1935, wherein J. P. Harris was injured when struck by a truck driven by Gilbert Porter, a Civil Works Administration workman on project No. 13, at Mystic, Iowa.
I am 69 years old, married, and I live on Third Street in Mystic, Iowa. This is my permanent address. I am the justice of peace of Mystic, and an agent for the Metropolitan Life Insurance Co. I have lived in Mystic for the past 30 years, and I have known Harris ever since I came to Mystic.
At the time of the accident I was standing on the northwest corner of Main and Second Streets in Mystic, Iowa. The accident happened around 4 p. m. or between 3 and 4. I had walked down the street on the west sidewalk of Second Street, and when I got to the corner Harris hollered to me from the southwest corner of the street.
I stopped at the corner and was standing on the sidewalk, and Harris came across the street. I stepped down off the curbing into the street, and Harris came up to me. He stood close to me, and he and I started talking about in
We had been there talking about 10 or 15 minutes before the accident happened. He and I were both standing in the street, and our toes were just about against the curbing. We were facing the north or the Bradley's Bank building when the accident occurred.
There is a telephone pole in the street (Main Street) about against the curbing, maybe 2 or 3 inches from the curbing. This pole is about a foot thick, and stands on Main Street just barely around the corner to the west. I was standing about a foot and a half west of this post, and Harris was between me and the post.
While we were standing in the position mentioned above, a shale truck rounded the corner from the north. This truck was going 3 or 4 or maybe 5 miles an hour. It was driven by Hilbert Porter, and there was no signal given by him either by hand or horn. He drove from the north on Second Street, and turned to the west on Main Street. He turned sharply, as the truck was a long one of the dump type. The front wheels cleared the corner well, and the hind dual wheels came within about 6 inches of the telephone pole that I mentioned above. Then as the rear wheels passed the post, some part of the truck- I think it was the corner of the dump box-struck Harris, and threw him to the paving, and passed on by: I did not see the truck run over him, and I am not sure what part of the truck hit him, but as he was a big man some part of the truck caught him and threw him to the ground. The truck went on up the street. It went 40 or 50 feet, and some of the men yelled at the driver and he stopped.
Harris was sitting up when I saw him, and some men came running up to him. Harris said, "He run over my leg.” The men helped him up and carried him over to Bill Harris' shoe store across the street to the south. He saw that his left leg was broken before he was picked up, as he was holding it.
I do not remember a thing about who the witnesses were.
I remember that Harris was laying about 4 or 5 feet from the curbing on the north side of Main Street after he was hit, and about 5 feet from the corner of the sidewalk.
The street is paved with brick, and at the time was dry. It was not raining or snowing or misting at the time of the accident.