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The Bureau of the Budget advises that the enactment of the proposed legislation would not be in accord with the program of the President. Sincerely,
CLAUDE R. WICKARD, Secretary.
EXCERPTS FROM CONSTRUCTION LOAN CONTRACT BETWEEN UNITED STATES OF
AMERICA AND TRI COUNTY ELECTRIC COMPANY
Loan, note, and mortgage SECTION 1. Subject to the terms and conditions herein set forth, the Borrower agrees to borrow and the Government agrees to lend an amount equal to the cost of the electric transmission and distribution lines or system (hereinafter called the Project) more particularly described in section 1 of article III of this agreement, to be constructed and operated by the Borrower, such cost of the Project to be determined as provided in section 5 of article X of this agreement, or the amount of two hundred fifty-five thousand dollars ($255,000), whichever of said amounts shall be the less.
Duties pertaining to first advance Section 1. The Borrower shall, not later than forty-five (45) days after the execution of this agreement by the Government, do or perform or cause to be done or performed the following acts and things:
(b) registering, when and where required by law, with all Federal, State, county, municipal, or other authorities, and obtaining therefrom all franchises, authorizations, permits, licenses, certificates of public convenience and necessity, approvals, and orders, required or permitted by law and necessary for the performance of this agreement, and acquiring from whatever source and recording in the appropriate office or offices of record all right-of-way easements, releases, or consents necessary or advisable to be obtained from the lawful construction and operation of that portion of the Project to which the first advance by the Government hereunder is intended to be applied; and delivery to the Government of documents in evidence thereof, satisfactory in form and substance to the Administrator:
(c) 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;
(d) delivery to the Government of the following: (2) the plans and specifications for the construction of the Project (hereinafter called the "Plans and Specifications”) identified by an executive officer
or authorized engineer of the Borrower, which Plans and Specifications shall be subject to the approval of the Administrator;
(5) all contracts entered into by the Borrower for engineering or other services pertaining to the construction of the Project or any portion thereof;
H. Repts., 79-1, vol. 1-28
Construction SECTION 1. The Borrower shall cause to be constructed under contract with a responsible contractor or contractors, the Project, consisting of
approximately 232 miles of electric transmission or distribution lines in rural areas in Franklin and Hampshire and Berkshire Counties, in the State of
Massachusetts along the routes indicated on the map or maps attached hereto, marked Exhibit B and made a part hereof, for the purpose of furnishing electric energy to approximately 680 customers, together with substations, secondaries, transformers, meters, and such customers' service lines as shall be required to reach the respective customers' meters from the main pole line (such service lines not to exceed, however, one pole and one span of wire in addition to a service drop not more than one hundred fifty (150) feet in length) and all other appurtenances necessary for the efficient operation thereof.
IN WITNESS WHEREOF the Borrower has caused this agreement to be signed in its corporate name by its President and its corporate seal to be hereunto affixed and attested by its Secretary, and the United States of America has caused this agreement to be duly executed, all as of the day and year first above written. (CORPORATE SBAL)
TRI-COUNTY ELECTRIC COMPANY,
by /s/ EVERETT M. JOHNSON, President. Attest:
/s/ GRAFTON L. WILSON, Secretary.
UNITED STATES OF AMERICA,
by /s/ MORRIS L. Cooke, Administrator of Rural Electrification Administration.
Louis T. KLAUDER AND ASSOCIATES,
Philadelphia, April 3, 1944. Subject: H. R. bill 3634, Rural Electrification Administration claim. Hon. D. LANE POWERS,
House of Representatives, Washington, D. C. DEAR LANE: Concerning your letter of March 21 and the report of the Department of Agriculture, may I suggest that there is nothing in this report that, in my opinion, changes the status of our claim or the fact that the work was done at the direction of a Government agency. Regardless of the departmental report, the status of the claim is well established and I trust that you may bring the necessary pressure to bear in order that the moral obligation of the Government may be liquidated.
Concerning the amount of $1,904.89, this was the actual charge on our books against this account on August 6, 1937, and at that time we would have been satisfied to accept such amount in payment of the claim. In consideration of the attitude taken by the Department of Agriculture, we are making specific claim for the payment as provided for by the contract which was in due course approved by the Government.
In conclusion, may I suggest that it was entirely ill advised for the Government to conclude a project after having authorized services rendered without first, in due process, satisfying the obligations created under the specific allotment.
Trusting that you may concur in these thoughts and awaiting your further advices, I am Cordially yours,
Louis T. KLAUDER,
PHILADELPHIA, August 6, 1937.
Subject: Massachusetts 3 Franklin.
Administrator, Rural Electrification Administration,
Washington, D. C. DEAR MR. CARMODY: There is attached a schedule of our engineering charges against the above project which I trust may accord you the information desired or that you will further instruct us accordingly.
You will recall that specifications were prepared and issued for this project on two distinct occasions, resulting in a somewhat higher office engineering charge than is ordinarily the case. Sincerely,
Louis T. KLAUDER.
Massachusetts 3 Franklin, October 1997 to April 1997—Schedule of engineering
charges Office engineering and drafting: L. D. E., 176 hours.
$172. 09 H. S. H., 95 hours..
131. 10 G. C., Jr., 5174 hours..
70. 72 H. J. B., 70% hours.
97. 29 E. R. S., 1544 hours.
138. 82 C. B. K., 53/2 hours.
37. 99 F. E, F., 1312 hours.
53. 13 J. E. R., 110% hours.
I hereby rescind the allocation of $255,000 for the project Massachusetts 3 Franklin, made by Administrative Order No. 5, dated July 28, 1936, in the amount of $200,000, and Administrative Order No. 16, dated September 3, 1936, in the amount of $55,000. This action is being taken due to the inability of the cooperative to meet the requirements of the State public service commission.
John M. CARMODY, Administrator.
EDITH M. POWELL
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. 1453]
The Committee on Claims, to whom was referred the bill (H. R. 1453) for the relief of Edith M. Powell, 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 "$5,000” and insert in lieu thereof the figures "$1,000”,
A similar bill was favorably reported by this committee and passed the House in the Seventy-eighth Congress but no action taken in the Senate before adjournment.
The facts will be found fully set forth in House Report No. 33, Seventy-eighth Congress, which is appended hereto and made a part
of this report.
(H. Rept. No. 33, 78th Cong., 1st sess.)
STATEMENT OF FACTS
The bill, as amended, proposes payment to Edith M. Powell in the amount of $1,000 as compensation for injuries sustained by her on Government property near Newport in Lincoln County, Oreg., on or about August 2, 1926.
On or about the date mentioned the claimant visited the Yaquina Head Light Station, Oreg., and while undertaking to pass over a certain walk leading to the said lighthouse tripped and fell. It seems that planks were laid end to end to form the walk and that there was an imperfect jointure of a plank above the level which the claimant struck against, causing her to fall.
The walk was about 2 feet above the ground, and Mrs. Powell fell to the ground, with the result that her left ankle was broken. As a result of this injury, Mrs. Powell has had to constantly wear a knee support which she is told by her physician will be a necessity the remainder of her life. The inconvenience and pain of said injury seems to have increased steadily since the occurrence of the accident. She was compelled
to use a wheel chair for 7 months and has been incapacitated to such extent that it is impossible for her to conduct the necessary duties of her household.