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I go fishing practically every day and on many occasions while on Galveston West Beach fishing I have had these Army planes dive right down at me and come so close that I thought they were going to hit me and dive right into the ground. On one occasion, while fishing on Galveston West Beach with a man by the name of Fred Minor, of Galveston, Tex., an Army plane dived at us and came so low, that Mr. Minor jumped out of the chair he was sitting in and fell flat on his face on the beach, thinking he was going to be struck by the Army plane, and I feel safe in saying that the plane was so low that I would have touched it with my fishing pole; in fact, every time I went fishing these planes used to dive down, not only at me, but at all of the other people down on West Beach and it was not until Mr. Gause and his family were so critically injured and toe five men in the bomber were killed that this diving at people and cars on Galveston West Beach has stopped.

R. C. Malitz. Sworn to and subscribed before me this 27th day of May 1943, to which witness my hand and seal of office. (SEAL)

WILLIAM D. DECKER, Notary Public, Galveston County, Tez.

FURTHER STATEMENT OF WITNESSES Our names are B. F. Allen, of 7614 Gardner Avenue, Houston, Tex., and employed by Joe Johnson, a subcontractor on the Dixon gun plant job in Houston; also L. E. Parks of 2795 Linson, Baumont, Tex., and am a carpenter working for Lummis Construction Co. at Magnolia Petroleum Co. job at Beaumont.

Each of us saw the plane before the accident between a plane and an automobile at about 11:30 to 11:45 a. m. on February 21, 1943. Mr. Allen was fishing and saw the plane about three-fourths of a mile away approaching him and it was very low. When the plane passed over him it was about 75 feet high going east. The wheels were up and both engines were purring nicely. Just a few minutes before a plane which might have been the same one passed over going ‘n the other direction and about 300 feet high and might have been the same plane. Mr. Allen watched the plane the whole time after it passed him until the crack-up. The plane did not lose height that he could see and he saw it pass over the Army truck and the car, later learned to be the L. E. Parks' car and then the plane seemed to get off an even flight and a part of a wing flew off. He does not know whether the wing flew off or the plane left its even course first. About that time, that is, after the wing came off, the Parks' car was a little out of the way and he saw the plane skip twice in the water. He immediately got up his fishing tackle and got in his car and at that time the Parks car came up from the east and Allen flagged Parks and told him what had happened and also flagged down the Army truck and all three vehicles went to the scene of the accident. In Allen's judgment it was 500 or 600 yards from where he was to where the plane was down the beach.

Mr. Parks was driving alone in his car going west on the beach and saw the plane approaching about a mile and a half away. The plane was about a hundred feet high when he first saw it. The Army truck was the equivalent of about two blocks ahead of the Parks car and it looked like the plane lowered a little just before reaching the truck, then pulled up a little before reaching it, then lowered approaching the Parks car and then raised just a bit to get over it. Parks was first afraid he was going to be hit and had an inspiration to pull out but did not do so when the plane pulled over him and continued on without knowing that anything had happened until told by Allen.

When both of us got to the scene of the accident, the car which had been hit was about 25 feet from the edge of the water where the water was about thigh deep. The car was upright facing west. Neither of us had seen the car before. Mr. Allen went on out to the plane where some men were already removing bodies from the water and Mr. Parks picked up four of the people who had been in the car and took them to the Marine Hospital in Galveston. These people were all standing on the beach at the edge of the water. Mr. Allen brought out one body and it had on a parachute harness. Mr. Allen saw parachutes floating on the water. The soldiers had taken some of them out of the water and used them to cover up bodies. The parachutes were unfolded and were white. He recalls seeing three parachutes, also saw three Mae Wests floating on the water. Mr. Allen saw white steam or white smoke around the plane and the engines, thinks it was steam, and did not see any fire or smoke. The bodies were torn up badly: Neither of us saw any cars between the Allen car and the plane as it approached where Mr. Allen was and we are both sure there were none, that is, no automobiles or trucks in sight west of Mr. Allen on the beach.

Signed by each of use in the presence of each other at 4 p. m. February 21, 1943, in the control building at the Municipal Airport at Galveston. The man in the car said to Parks on the way to the hospital that he saw the plane approaching him and he tried to miss the plane by pulling over to the left.

L. E. PARKS;

B. F. ALLEN, O

LOUIS T. KLAUDER

FEBRUARY 9, 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. 1400)

The Committee on Claims, to whom was referred the bill (H. R. 1400) for the relief of Louis T. Klauder, 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 the figures "$3,750”, insert in lieu thereof the figures "$1,904.80”.

A similar bill was favorably reported by this committee in the Seventy-eighth Congress and passed the House.

The facts will be found fully set forth in House Report No. 1462, Seventy-eighth Congress, which is appended hereto and made a part of this report.

(H. Rept. No. 1462, 78th Cong., 2d sess.) The purpose of the proposed legislation is to appropriate the sum of $1,904.80 to Louis T. Klauder, of Moorestown, N. J., in full settlement of all claims against the United States as compensation for engineering services rendered in connection with a Rural Electrification Administration project in Franklin County, Mass., known or designated as Massachusetts 3 Franklin.

STATEMENT OF Facts It appears that Mr. Louis T. Klauder, an engineer, entered into a contract on October 9, 1936, with the Tri County Electric Co. to furnish engineering services on a Rural Electrification Administration project. This contract was duly signed by Mr. Everett M. Johnson, president of Tri County Electric Co., and approved by the Rural Electrification Administration. This contract was entered into through the requirements of the financing of this project through the Rural Electrification Administration.

Under section 1 of article II, subsection c of the construction loan contract between the United States and the Tri County Electric Co., the requirements were set forth as follows:

"Submission to the Government of the following: (2) The name of an engineer (who shall be subject to the approval of the Administrator) who it is intended shall supervise the project on behalf of the borrower and execute all certificates and other instruments pertaining to engineering details required hereunder to be delivered to the Government in connection with the construction of the project.”

Nr. Klauder did render services to the Tri-County Electric Co., whose financing depended solely upon the contractual law with the Rural Electrification Administration, valued by him in the amount of $1,904.80. Because of adverse action by the Massachusetts Department of Public Utilities, the company was forced to abandon the project. Not having received any advances of Federal funds, due to noncompliance with the terms of the loan contract, the company was unable to compensate Mr. Klauder. As set forth above it will be noted that paragraph 10 of the contract for engineering services provides that payment to the engineer be made by the Tri-County Electric Co. from advances under the loan.

In view of the facts and circumstances in this case your committee amends the bill to appropriate the sum of $1,904.80 to Mr. Klauder. The committee recommends favorable consideration to the proposed bill, as amended.

Appended hereto is the report of the Department of Agriculture, together with other pertinent evidence.

DEPARTMENT OF AGRICULTURE,

Washington, March 11, 1944. Hon. Dan R. McGEHEE,

Chairman, Committee on Claims, House of Representatives. DEAR MR. McGEHEE: This is in reply to your request of January 13, 1944, for a report on H. R. 3644, a bill for the relief of Louis T. Klauder.

The bill authorizes the payment to Louis T. Klauder, of Moorestown, N. J., of the sum of $3,750 in satisfaction of his claim for compensation for engineering services rendered in connection with a rural electrification project in Franklin County, Mass.

Mr. Klauder's services were furnished to the Tri-County Electric Co. of Greenfield, Mass., a corporation organized under Massachusetts law for the purpose of constructing and operating a rural electric distribution system to be financed by the Rural Electrification Administration pursuant to a loan contract, dated September 29, 1936. Excerpts from this loan contract indicating the Government's relationship to the project engineer and a copy of a contract for engineering services between the Tri-County Electric Co. and Mr. Klauder, dated October 9, 1936, are attached hereto. The latter contract was approved by the Rural Electrification Administration solely for the purposes and in accordance with the terms of the loan contract above referred to. Examination of both these documents discloses that the United States was not a contracting party with Mr. Klauder and that there exists no debtor-creditor relationship between the United States and Mr. Klauder.

The claimant did render services to the Tri-County Electric Co. valued by him at $1,904.89, as appears from engineering statement enclosed with claimant's letter dated August 6, 1937, copies of which are attached hereto. Because of adverse action of the Massachusetts Department of Public Utilities, the company was forced to abandon the project. The loan was rescinded under Administrative Order No. 143, dated October 5, 1937, copy of which is attached.

Not having received any advances of Federal funds due to noncompliance with the terms of the loan contract, the company was unable to compensate Mr. Klauder. It should be noted that paragraph (10) of the contract for engineering services provides that payment to the engineer be made by the Tri-County Electric Co. from advances under the loan contract. It appears from the foregoing that the claimant contracted with and rendered services to the Tri-County Electric Co. and not to the United States.

It is accurate to state, however, that the services grew out of a project of the Rural Rehabilitation Administration, and it was anticipated by all parties that they would be compensated out of the Government loan, since the electric company had no other sources of financing.

Your attention is invited to this Department's report to the Senate Committee on Claims, dated October 19, 1942, on s. 2211, Seventy-seventh Congress, second session, which is identical with H. R. 3644.

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