(5) The statement is here made: "The existence of numerous slides in the vicinity of the Swan residence indicates unstable earth conditions." While there is some evidence in the file to indicate that some slides have heretofore occurred on the hillside some distance from the Swan residence, yet there is no evidence whatever, either in affidavit form or as a mere statement, to show there was ever any slide on any part of the Swan property. If there had been such a slide, this would have been a fact easy to have been shown in evidence, but no such showing is made. On the contrary, there is clear evidence that the Swan residence was built on a solid rock foundation, and on land not subject to slides. Engineer Goode in his affidavit makes the following statement: "I cannot find any signs -or indications of slides having occurred around the dwelling of Sam Swan in the past 3 years or at all, as appears to have been reported against the Swan claim. The Swan residence is on a solid foundation and I can find no sign or indications of the dwelling having moved at all. There is a space between the rear end of the house and the hillside which is clear and is down to the stone, and that seems to me to be conclusive evidence that there have been no slides back of the building that would interfere with the foundation." (See affidavit of D. M. Goode.) (6) This contention is to the effect that "several other agencies and concerns have carried on blasting operations in the vicinity during the last 3 years." So far as the writer is concerned, he has been unable to find a single scintilla of evidence in the file of this case, showing any blasting operations in this vicinity other than by the Work Projects Administration. We failed to see any value whatever in this contention. There is nothing whatever to support the statement. (7) The last of the theories advanced in defense against this claim is that "other houses in the vicinity closer to the quarry than the Swan home have apparently not been damaged." This statement is not only without foundation in fact and unsupported by proof, but it is refuted by the clearest possible evidence. As witness the following: In the file will be found the affidavit of Lane Robinett, one of the Work Projects Administration employees engaged in the blasting operation. Robinett, under oath, says that the three-room miner's house situated between the Swan home and the quarry, where the explosion occurred (this being the only other house in that immediate vicinity), was badly damaged by the explosion. Robinett himself made repairs to this house after the explosion by direction of the Work Projects Administration authorities. Particular attention is called to Robinett's affidavit. Sam Swan and Aily Swan, the claimants in this case, have filed their sworn statement in which they clearly set out the fact that, prior to the blasting by the Work Projects Administration, their home was sound and undamaged, and that it was damaged by the explosion set off by the Work Projects Administration employees. Aily Swan, who was in the home at the time of the explosion, testified to its severity. Both of the claimants testified to the extent of the damage, placing the amount at $3,600. The claimants are corroborated by the sworn statements of many witnesses, the affidavits of whom will be found in the file, to wit: Walter Stargill, Major France, and Mrs. Vergie Cains, who testify they were visitors at the Swan home at divers times before the blasting operations, and noted that the home was sound and undamaged. The same witnesses noted and testified in their affidavits to the damages to the home after the blasting. D. M. Good, civil and mining engineer, clearly described the damages done to the Swan home and refutes any contention that the damages were caused by any agency other than the explosion. Mrs. Juliana M. Stissel, Noah Bowling, Buster Darwin, J. M. Brown, E. H. Trent, and Mrs. Irene Jackson, all heard the explosion and, in affidavits filed herein, testify that the explosion was severe and unusual. Robert Sando, stone mason of 30 years' experience, examined the Swan home after the explosion and in his sworn statement agrees with engineer Good, as to the damage done to the Swan home. This witness states: "I did the stone work at the Swan house and I know that the stone foundation rests on solid stone." This testimony disproves the claim of the Work Projects Administration officials or, rather their theory, that this home was built on an unsecure foundation. Lee Griffith and T. J. Bluebaum, plasterers, both examined the plastering in the Swan home after the explosion and found it badly cracked. They state in their affidavit that it will cost $390 to remove and replace the plastering. G. E. Jones, building contractor of 19 years' experience, examined the Swan home after the explosion and files his affidavit in which he states that in his opinion the "crushed and shivered" condition of the plastering could not have been caused by a shift of the foundation. This affiant further says that the building cannot be repaired; that it will have to be rebuilt at a cost of $4,719, that the salvage from the present structure will be worth $1,600, leaving the sum of $3,119.40 as the amount of damage to the owner. W. H. Lowe, building contractor of 23 years' experience, who made a careful examination of the Swan home after the explosion, in his affidavit filed herein, states that he found cracks in the stone wall from the bottom, through both stone and tile, up to the roof, on the front as well as on the sides. Plaster in all the rooms was cracked and "shivered." This contractor states in his affidavit that the building cannot be satisfactorily repaired, and places the cost of replacing the building at the sum of $4,680; salvage of materials from present building $1,500; damage to the building (cost to the owner) $3,180. All of the above facts are shown by direct and sworn testimony filed with this claim. The affiants are men and women whose integrity and standing is unquestioned. Their statements, in the file in this case, are neither contradicted nor disproved. The representatives of the Work Projects Administration have offered nothing in defense except some unsupported theories, a few rumors that have proven unfounded, some hearsay evidence, and a number of gratuitous statements. In their various reports they resort to pure guesswork to account for the damages done to the home of Sam Swan. They assert that this damage might have been caused by (1) a landslide on the Swan property (2) by infiltration of water through the stone foundation (3) by water from a leaking roof (4) in some mysterious manner by the presence of a coal seam on the property, (5) by somebody else blasting somewhere else (though neither names, times, nor places where this blasting might have occurred are mentioned). All the Work Projects Administration theories are not only unsupported by evidence, but are flatly contradicted. Affidavits in the file show the absence of any slides; all the evidence is conclusive that the foundations of the home are of solid stone, resting on solid stone, and impossible of being affected by water; there is no evidence showing any leaks in the roof, and, in fact, no evidence that any examination was ever made of the roof, the presence of a coal seam is disproved by direct testimony; there is no evidence whatever of any other blasting operations in the vicinity of the Swan property. A regrettable feature of the various reports of the Works Project Administration officials in this case is the apparent effort made to discredit the claimants, Sam and Aily Swan. These claimants are colored people. That they are both of splendid character and of high standing in their community among both white and colored is shown by a number of letters that have been addressed to their Congressman by many prominent officials and other citizens of the city and county in which the claimants have long resided. People of their standing do not try to defraud their Government through false and fraudulent claims. The letters are filed in this case as a conclusive answer to any charge either direct or implied that this is not an honest claim filed in good faith. It is respectfully submitted that the bill for the relief of Sam and Aily Swan should receive favorable consideration. JOHN KEE, Member of Congress, Fifth West Virginia District. STATE OF WEST VIRGINIA, Mingo County, to wit: The signers hereto, after being by the undersigned authority first duly sworn, upon their oath say: We do hereby certify that each of us have within the last few days examined the residence of Sam and Aily Swan in the city of Williamson, Mingo County, W. Va., as to the result of damages claimed to have been done to the house by severe blasting by Work Projects Administration employees on October 13, 1941. We noticed particularly the large cracks in the outside walls and the plaster on the inside of the house. While this residence may be occupied for several years without danger of falling apart, we are of the opinion that the life of the building has been greatly shortened by this damage and that eventually the house will have to be torn down and rebuilt. Each of us is of the opinion that Mr. and Mrs. Swan should be paid not less than $3,000 for the damages to their house. FRED E. BLAIR, Member of Mingo County Court. Circuit Court Clerk, Mingo County. Deputy Assessor, Mingo County. Subscribed and sworn to before me on this the 14th day of September 1943. This day personally appeared before me the undersigned notary public, Aily Swan and Sam Swan, who after being by me first duly sworn upon their oaths say: We live and own our home on Vinson Street, Williamson, W. Va. Our house was constructed from combination of stone, brick, and glazed tile. It has five rooms, in addition to a pantry and bathroom all on the same floor. This house. was built in the year of 1925 and cost us, to the best of our recollection, $5,600. Floyd Chafin, building contractor of Williamson, W. Va., who now has something to ao with the Work Projects Administration, was the building contractor or supervisor. Robert Zando, stonemason of Williamson, W. Va., did the stone work, Charles Stevens, also of Williamson, W. Va., did the brick and tile work. This house is owned jointly by the two of us, Aily Swan ard Sam Swar. It is plastered on the inside. Several years ago we were granted a loan by the Home Owners' Loan Corporation for several thousand dollars. The loan has now been paid down to about $1,000. Affiant Aily Swan was in the said building on October 13, 1941, when, at about 2:30 p. m. a large explosion occurred at the stone quarry which is about 300 feet from the house. The shock was so severe that it caused a light fixture on the porch to fall to the porch floor and break and also broke a window pane in the front of the house. The whole house was caused to shake and tremble. She immediately ran out and hollered to some Work Projects Administration employee and told him that the blast had broken the light. At that time she did not know that the window had been broken and other damage done to the house. On the following day an employee of the Work Projects Administration, whose name was Charlie Stevens, repaired the window glass, at no cost to us. Harry Smith, another Work Projects Administration employee, brought us a new light shade and repaired it. Affiants both say that on the same day and after the explosion they noticed several cracks in the plaster in the rooms of their house which they had never noticed before; that on the following day the outside of the house was examined and it was found that large cracks extended from the roof clear down to the ground through the stone and tile. These cracks appeared in several places; that said residence was built upon the side of the hill and on a solid stone foundation. The dirt had been removed and rock blasted out and the stone wall built thereon and the balance of the house built on top of the stone. The house is on an elevation of about 75 or 100 feet higher than where the blasting occurred. Affiants are also informed that this same blast or explosion broke windows in the home of George Swader who lives a greater distance away from where the blast occurred than do these affiants. Affiant Sam Swan further states that he has been informed by the Work Projects Administration employees that the heavy blast was caused by the placing of about nine "dobey" shots some distance apart, five of which were caused to go off or explode at the same time. This information was given affiant by Charles Doss, Layne Robinette, and H. Staten, all Work Projects Administration employees. Affiants further state that the cracks made by this blasting in the walls of their house have continually increased in size. Affiants further state that they have had various estimates made of the cost of replacement of their said building so as to put it in as good shape as it was prior to this damage; that they are informed that the house cannot be repaired so as to put it in as good shape as it was, nor in order to keep it in substantial good shape; that in order to replace it, it will be necessary that the entire house be torn down and replaced; that the cost of replacement would be $5,600 and that the salvage or material would be of the approximate value of $2,000 which would be a resultant loss of $3,600. This affidavit is given in support of the formal claim for damages filed herewith and to which this affidavit is attached. Given under our hand this the 28th day of January 1942 AILY SWAN, Affiant. Subscribed and sworn to before me on this the 28th day of January 1942. [SEAL] J. WALTER COPLEY, My commission as a notary public will expire on the 8th day of February 1948. STATE OF WEST VIRGINIA, Mingo County, to wit: This day personally appeared before me the undersigned Lane Robinett, who after being by me first duly sworn upon his oath says: I was a Work Projects Administration employee on October 13, 1941, when some blasting was being done near the home of Sam Swan and Aily Swan on Vinson Street, in the city of Williamson. John Hammond, another employee, was doing the shooting, and affiant was helping. Several sticks of dynamite was laid along a large stone for the purpose of breaking the stone up. Mud was placed on top of the dynamite. Several of the shots were caused to go off at one time, which caused an unusual or heavy explosion. Some damage was done to a house that Charlie Johnson lived in as well as to that of another house or two, including the Swan property. Under instructions of Rush Harmon, foreman of the Work Projects Administration, affiant replaced some window glasses in the Johnson home and also replaced a window casing that had been jarred down. Affiant further says that he heard the foreman, Rush Harmon, tell another employee to replace the light fixture on the porch belonging to Sam Swan and Aily Swan that was jarred down by this same explosion. LAYNE (his mark) Robinett, Affiant. Subscribed and sworn to before me on this the 1st day of February 1942. [SEAL] H. M. SHUMATE, Notary Public. My commission as a notary public will expire on the 7th day of October 1947. STATE OF WEST VIRGINIA, Mingo County, to wit: This day personally appeared before me the undersigned notary public, Hugh Swader, who after being by me first duly sworn upon his oath says: I live near the old coal company store on Vinson Street. On October 13, 1941, in the early afternoon (I do not know the exact time) as I was passing down Vinson Street opposite the stone quarry where the Work Projects Administration was getting out stone, I heard several "dobey" shots fired by the Work Projects Administration employees at the quarry. I have had a lot of experience with blasting and know what I mean when I say "dobey shots." I know from experience that several of these shots went off at the same time and that the explosion was unusually severe. I know that John Hammond, sometimes called John Mann, was in charge of this shooting and I further know that he is not a legally qualified shooter and that he has no license for that kind of work. At the time of the shooting, on October 13, there were several men on the job. I have had several of these men to tell me that they were afraid to make the statement about what occurred for the reason that they had been told that they would lose their job if they did so. One man in particular, William Page, colored preacher, told me that he had been advised by Rush Harmon, assistant supervisor for the Work Projects Administration, not to sign any statement for Sam Swan. HUGH SWADER, Affiant. Subscribed and sworn to before me on this the 3d day of February 1942. STATE OF WEST VIRGINIA, Mingo County, to wit: This day personally appeared before me the undersigned, Noah Bowling, who after being by me first duly sworn, upon his oath says: I was an employee of the Work Projects Administration on October 13, 1941, while there was some blasting being done on Vinson Street. The heavy blast which damaged several houses occurred between 2 o'clock and 3 o'clock p. m., to the best of my recollection. I saw the light fixture fall from the ceiling on the porch as a result of the heavy blast. I advised the foreman of what I had seen. NOAH BOWLING, Affiant. Subscribed and sworn to before me on this the 2d day of February 1942. STATE OF WEST VIRGINIA, Mingo County, to wit: Notary Public. This day personally appeared before me the undersigned notary public, Mrs. Virgie Caines, who after being by me first duly sworn upon her oath says: I have lived on Vinson Street in the city of Williamson, Mingo County, W. Va., for about 21 years. I have lived at 803 Vinson Street, which is about six or seven hundred feet from the home of Sam Swan and Aily Swan, for 10 years. On or about October 13, 1941, and while the Work Projects Administration was getting out stone near Sam Swan's house and in a stone quarry I heard some unusual sharp, heavy explosions at the stone quarry. It was afterward reported that Mr. and Mrs. Swan's house was damaged as a result of these shots. Although I am white and Mr. and Mrs. Swan are colored people, I have visited their home prior to October 13, 1941, and never noticed any cracks or damage to the plaster in their house or any damage or cracks in the outside of same. The residence of Sam and Aily Swan is one of the best built buildings in the community in which we live. It is located on the side of the hill across the small creek from where the Work Projects Administration were getting out the stone. MRS. VIRGIE CAINES, Affiant. Subscribed and sworn to before me on this the 29th day of January 1942. My commission as a notary public will expire on the 7th day of October 1947. STATE OF WEST VIRGINIA, Mingo County, to wit: This day personally appeared before me the undersigned authority, Mrs. Julinia B. M. Stissel, who after being by me first duly sworn upon her oath says: I am 68 years of age. I have lived in the city of Williamson, Mingo County, W. Va., for at least 30 years. I have known Sam and Aily Swan, colored, for |