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DAVID HICKEY POST, NO. 235, OF THE AMERICAN LEGION

FEBRUARY 13, 1945.-Committed to the Committee of the Whole House and

ordered to be printed

Mr. McGEHEE, from the Committee on Claims, submitted the

following

REPORT

(To accompany H. R. 1034)

The Committee on Claims, to whom was referred the bill (H. R. 1034) for the relief of David Hickey Post, No. 235, of the American Legion, 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 7, strike out the figures "$292.50” and insert in lieu thereof the figures "$275".

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. 891, of the Seventy-eighth Congress, which is appended hereto and made a part of this report.

18. Rept. No. 891, 79th Cong., 1st sess.) The purpose of the proposed legislation is to appropriate the sum of $275 to the David Hickey Post, No. 235, of the American Legion, of St. Louis, Mo., in full settlement of all claims against the United States for expenses incurred in the buying and erecting in David Hickey Park, St. Louis, of a memorial monument, which later had to be removed from the park at the expense of the American Legion Post, No. 235, when such park was commandeered by the United States Government.

STATEMENT OF FACTS It appears that in the spring of 1941, David Hickey Post, No. 235, of the American Legion, St. Louis, Mo., purchased a red granite monument approximately 8 feet high at a cost of $275 and erected it in memory of David Hickey in the David Hickey Park which was owned by the city of St. Louis. The park was subsequently acquired by the United States to be used as a location for a small-arms plant. The park was obtained by a declaration of decree dated July 10, 1941, and the acquisition was closed by a stipulation with the city.

It appears that the inscription on the monument was such that the monument could not be erected elsewhere unless another park should be dedicated to David Hickey, and that during the time the Government was negotiating for the park the David Hickey post of the American Legion removed the monument from the park and stored it with a monument company in St. Louis.

Therefore, your committee feels that the American Legion should be reimbursed for the expenses of this memorial monument in the David Hickey Park in the amount of $275, and recommends favorable consideration to the proposed bill, as amended.

Appended hereto is the report of the War Department, together with other pertinent papers.

WAR DEPARTMENT,

Washington, D. C., July 7, 1948 Hon. Dan R. McGEHEE, Chairman, Committee on Claims,

House of Representatives, Washington, D. C. DEAR MR. McGEHEE: The War Department is opposed to the enactment of H. R. 2457, Seventy-eighth Congress, a bill which would authorize and direct the Secretary of the Treasury to pay "to the David Hickey Post Numbered 235 of the American Legion, of Saint Louis, Missouri, the sum of $292.50, in full settlement of all claims against the United States for expenses incurred in the buying and erecting in David Hickey Park, Saint Louis, of a memorial monument, which later had to be removed from David Hickey Park, at the expense of said American Legion Post Numbered 235, when such park was commandeered by the United States Government.”

The facts as disclosed by the records in the War Department indicate that during the spring of 1941, David Hickey Post, No. 235, of the American Legion, St. Louis, Mo., purchased a red granite monument approximately 8 feet high at a cost of $275 and erected it in memory of David Hickey in the David Hickey Park consisting of 2942 acres which was owned by the city of St. Louis. This park was subsequently acquired by the United States to be used as a location for a small arms plant. The park was obtained by a declaration of taking dated July 10, 1941, and the acquisition was closed by a stipulation with the city for a purchase price of $130,000. An option specifying this consideration was executed by the city on September 3, 1941, and accepted on behalf of the United States on October 1, 1941. The city of St. Louis agreed to execute and deliver to the United States a general warranty deed conveying the land to the United States in fee simple, free from all encumbrances. The accepted option was used as a stipulation in the condemnation proceeding entitled United States v. City of St. Louis et al., then pending in the United States District Court for the Eastern District of Missouri. The Attorney General found that valid title vested in the United States upon the filing of the petition and declaration of taking and deposit of the estimated compensation in the sum of $118,000 on July 15, 1941. "The court found the land to be valued at $130,000, and thereafter, the deficiency in the sum of $12,000 was paid into the registry of the court. It appears that the inscription on the monument was such that the monument cannot be erected elsewhere unless another park should be dedicated to David Hickey, and that during the time the Government was negotiating for the park the David Hickey Post of the American Legion removed the monument from the park at a cost of $17.50 for which expense it has been reimbursed by the city of St. Louis. The monument is presently stored with the John H. McCarthy Monument Co. at 4642 West Florissant Avenue, St. Louis. In view of the foregoing facts, and as it appears that the city of St. Louis warranted the title to the park to be free and clear of all encumbrances, it is the view of the Department that David Hickey Post, No. 235, has no valid or proper claim whatever against the United States.

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. STINSON,

Secretary of War.

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ST. LOUIS, Mo., May 19, 1941.

THE PLAZA BANK OF ST. LOUIS
Pay to the order of McCarthy Monument Co. $275.
two hundred seventy-five dollars.

DAVID HICKEY Post No. 235.
DAVID P. LOHR,

Finance Officer.

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FEBRUARY 13, 1945.—Committed to the Committee of the Whole House and

ordered to be printed

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

REPORT

(To accompany H. R. 1058]

The Committee on Claims, to whom was referred the bill (H. R. 1058) for the relief of W. A. Smoot, Inc., 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 in the Seventy-eighth Congress. The facts will be found fully set forth in House Report No. 1831, of the Seventy-eighth Congress, which is appended hereto and made a part of this report.

(H. Rept. No. 1831, 78th Cong., 2d sess.) The purpose of the proposed legislation is to appropriate the sum of $2,397.19 to W. A. Smoot, Inc., of Alexandria, Va., in full settlement of all claims against the United States for damages caused to its lumber and millwork plant located at Cameron and Union Streets, Alexandria, Va., as the result of an explosion on March 2, 1944, in a nearby building used and occupied by the Records Division of the Adjutant General's office of the War Department.

H. Repts., 79-1, vol. 1-37

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