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As a result of the accident, Naomi Webb was killed instantly and Florine Webb died something like 2 years later. Your committee do not feel that her death was caused from the accident, and has amended the bill to read $1,500 instead of $10,000, as originally written into the bill.

The inquest at Cottonwood, Ariz., on January 1, 1934, revealed that the driver of the truck in which Naomi and Florine Webb were passengers had authority to drive the truck on official business, that four persons, including the driver and Naomi Webb, were in the front, or driver's seat; that the truck carried no clearance authorization. While it may be that women are forbidden to ride in camp trucks, evidence shows that it was occasionally done, even after notices had been posted in camp. The practice must have been known to the officers in command. In view of the above, your committee recommend favorable consideration of the proposed bill.

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

WAR DEPARTMENT, Washington, May 14, 1941.

Hon. PRENTISS M. BROWN,

Chairman, Committee on Claims,

United States Senate.

DEAR SENATOR BROWN: Reference is made to the bill S. 1012, Seventy-seventh Congress, for the relief of C. Y. Webb, which you transmitted to the War Department under date of March 3, 1941, with request for information and the views of the Department relative thereto.

On May 6, 1935, the Department submitted a report on S. 2639, Seventy-fourth Congress, a bill for the relief of C. Y. Webb, on account of damages sustained by him in connection with the death of his daughter, Naomi Webb, and since there is no additional evidence concerning the accident giving rise to her death, the facts relating to this happening and the conclusions of the Department thereon are applicable with reference to the measure now under discussion, so far as it relates to Naomi Webb.

However, it is noted that S. 1012, Seventy-seventh Congress, has been drafted to include damages arising out of the death of Florine Webb, another daughter of Mr. Webb, who was not included in the previous bill.

As a result of a recent investigation concerning the circumstances surrounding the death of Florine Webb on July 3, 1935, which occurred over a year after the accident in question, it is reported to the Department by the commanding officer, Arizona district, Civilian Conservation Corps, at. Phoenix, that Florine Webb was not injured in the accident of December 31, 1933, and that the cause of her death on July 3, 1935, was chronic interstitial nephritis, onset in 1929, with uremia, onset June 27, 1935. The conclusion reached in this report is that the death of Florine Webb was not due to injuries sustained in the accident of December 31, 1933.

The following additional information has been obtained by the War Department in this case:

The members of the immediate family of Naomi and Florine Webb are Charles Y. Webb, father; Lucile Lee Webb, mother; Sophie Bell Webb, sister, age 28; Malcolm Charles Webb, brother, age 26; and Frances Pearl Webb, sister, age 21. These persons, apparently, were not dependent for support upon either Naomi or Florine Webb prior to or at the time of death.

The funeral expenses of Naomi Webb were $225, which were paid by Charles Y. Webb. There were no medical or hospital expenses since Naomi Webb was instantly killed. Since Florine Webb was not injured in the accident of December 31, 1933, there were no hospital, medical, or funeral expenses directly attributable to the accident in her case.

While the Department deeply regrets the tragic accident, yet under the circumstances, it is constrained to recommend against the approval of the proposed legislation.

Sincerely yours,

HENRY L. STIMSON, Secretary of War.

UNITED STATES SENATE,

July 17, 1941.

Hon. PRENTISS M. BROWN,

Chairman, Senate Committee on Claims,

United States Senate, Washington, D. C.

MY DEAR SENATOR BROWN: In connection with my bill, S. 1012, for the relief of C. Y. Webb, I am enclosing herewith certain papers, as follows:

(1) Affidavit of M. O. Lindner, of Clarkdale, Ariz.

(2) Affidavit of Roland Hampton, of Clarkdale, Ariz.

(3) Copy of the record of the United Verde Hospital of Jerome, Ariz., with reference to Miss Florine Webb.

(4) Statement of Dr. H. T. Southworth, attending physician attached to the United Verde Hospital at Jerome, Ariz., with reference to Florine Webb.

(5) Letter dated February 11, 1941, from Sam J. Head, county attorney at Prescott, Ariz.

(6) Certified copy of the inquest held upon the bodies of Naomi Webb and George B. Kennerly,

In view of the adverse recommendation of the Secretary of War in his letter dated May 14, it would appear to me that your committee would be justified in recommending against any payment to C. Y. Webb growing out of his claim for damages resulting from the death of his daughter, Florine Webb. However, Mr. Webb's claim for damages growing out of the death of his daughter, Naomi, seems considerably more meritorious, and I, therefore, shall appreciate your referring my bill, together with the attached papers, to a subcommittee so that a full investigation and report can be made.

With kindest personal regards, I am,
Yours very sincerely,

To Whom This May Come:

CARL HAYDEN.

CLAREDALE, ARIZ., June 7, 1941.

In reference to an automobile accident that occurred December 31, 1933, on Highway 79 between Cottonwood, Ariz., and a certain bridge about 4 miles south of Cottonwood, which was a collision between two Civilian Conservation Corps trucks driven by employees of said Civilian Conservation Corps.

Three of the passengers in one of these trucks were as follows: Florene Webb, Naomi Webb, and Frances Webb, all daughters of Mr. and Mrs. C. Y. Webb, of Clarkdale, Ariz.

Naomi Webb was killed instantly. "Florene Webb, when I saw her about 2 hours after the accident, was suffering from extreme shock and complained of a severe headache. She was placed in bed and kept there. The next day she was suffering from a severe cold which continued to become worse until on the second day (January 2, 1934) her father asked me if I would take her to the United Verde Hospital in Jerome, Ariz. This I did, and when I talked to Dr. A. C. Carlson, chief surgeon, later that evening he told me she had double pneumonia. She remained in the hospital for some time, and from that time until her death on July 3, 1935, she was in very poor health.

It is my opinion as a layman that the shock and exposure she suffered in the accident and immediately thereafter was a contributing factor in hastening her death. ROLAND HAMPTON.

Subscribed and duly sworn before me according to law by the above-named person this 7th day of June 1941, at city of Clarkdale, county of Yavapai, and State of Arizona.

[SEAL]

My commission expires September 15, 1941.

D. S. HIBBEN, Notary Public.

SAUNDERS MEMORIAL HOSPITAL

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. 1793]

The Committee on Claims, to whom was referred the bill (H. R. 1793) for the relief of Saunders Memorial Hospital, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Page 1. line 9, strike out "United".

Page 2, line 1, strike out "States" insert in lieu thereof "Army officials".

Page 2, line 1, after the word "contract" strike out "with the United States Army".

A similar bill was favorably reported by this committee, passed the House and Senate, and was signed by the President in the Seventyeighth Congress, second session, and is Private Law 588. However, due to the language of the bill which became law it is necessary that new legislation be enacted to comply with the purpose of the bill.

The facts will be found fully set forth in House Report No. 1793, Seventy-eighth Congress, which is appended hereto and made a part of this report.

The purpose of the proposed legislation is to confer jurisdiction upon the United States District Court for the Eastern District of South Carolina to hear, determine, and render judgment upon the claim of the board of trustees of the Saunders Memorial Hospital, Florence, S. C., against the United States for damages arising from the failure of the Army officials to carry out a contract, November 16, 1942, to lease or purchase such hospital for the use of the Army.

[H. Rept. No. 1793, 78th Cong., 2d sess.

STATEMENT OF FACTS

This Congress passed a bill, H. R. 1737, appropriating the sum of $37,550 to the Saunders Memorial Hospital, of Florence, S. C., which was vetoed by the President. However, your committee feel that had all the facts been presented to the President, it would not have received his disapproval. It is also the opinion of your committee that these claimants are at least entitled to their day in court. It is, therefore, recommended that H. R. 5167 be given favorable consideration

and jurisdiction be conferred upon the United States District Court for the Eastern District of South Carolina to hear, determine, and render judgment on this claim.

Appended hereto is House Report No. 793, Seventy-eighth Congress, first session, which is made a part of this report, and same set of facts as reported on H. R. 1737.

[H. Rept. No. 793, 78th Cong., 1st sess.]

It appears that during the month of June 1942 a survey was made of the Saunders Memorial Hospital at Florence, S. C., by a major and a captain of the Surgeon General's office, United States Army, which report was placed on file as a record of the findings made by the two medical officers and showed a bed capacity of 85. However, later this base was made a permanent one. In view of the surveys which had already been made the hospital was offered to the United States Army as a base hospital for the air base at Florence, Dr. Smyser coming personally to Washington and consulting a representative of the Surgeon General's office, who immediately arranged for an inspector, Lieutenant Colonel Gamble, to visit Florence for a personal investigation.

On the colonel's arrival he asked Dr. Smyser whether he would rent or sell the hospital. He was advised that it could be rented. Colonel Gamble approved the hospital and his recommendations were accepted by the Surgeon General's Office. Dr. Smyser received official notification through Congressman McMillan to that effect, stating that it would require several weeks for the Land Division of the War Department to clear same. Upon receipt of this information Dr. Smyser came to Washington in order to expedite the closing of the contract. While in Washington, General Grant, Chief Air Corps Surgeon, and Lieutenant Colonel Gamble, who had inspected the hospital, requested that Dr. Smyser remain in Washington until the Land Division had completed their papers.

After remaining 4 days he was called by Captain Wolfe of the Land Division to agree upon the rental figure and to sign an optional lease. This optional lease was signed by Dr. Smyser, providing for an annual rental of $10,000 a year. This included not only the hospital but in addition its full equipment, during the emergency and 6 months thereafter, with the understanding that on 10 days' notice the Army was to have possession. On Dr. Smyser's return to Florence with the above-mentioned lease it necessitated his making arrangements for the discontinuance of his training school for nurses and the placing of these 25 young ladies in other schools. It also necessitated his not admitting patients for major surgery or long-protracted illness, and no admissions to the hospital for over 10 days' duration.

After his return to Florence there were architects and engineers who visited the hospital daily for several days, making inspections and calculations as to the necessary alterations to comply with the requirements of an Army base hospital. The base surgeon at the Florence Air Base visited the hospital and hired the laundry personnel, the chief cook, and attempted to employ the bookkeeper and Dr. Smyser's secretary. Following the foregoing events there was an inspection trip arranged for Senators Ellison D. Smith and Burnet Maybank of South Carolina, and Congressman McMillan (in whose district the air base is located), outstanding professional and businessmen in the community. On this inspection Colonel Griffin, district engineer for North and South Carolina in charge of building operations, conducted the tour and on making the rounds Colonel Griffin pointed out where the different administrative barracks, warehouses, etc., were to be located, showing the site for the contemplated erection of a temporary wooden base hospital, but made the statement that orders had been received not to proceed with the erection of this hospital because the War Department was going to take over one of the hospitals in Florence.

After this statement was made by Colonel Griffin and the fact that an optional lease had been signed by Dr. Smyser and that an Army representative had come in and hired some of his personnel, it became generally known that the Saunders Memorial Hospital had been taken over by the United States Army, which resulted in the loss to the institution of many of its potential patients and the seeking of other positions by its hospital personnel (superintendent of nurses, night supervisor, hall nurses, etc.) which meant that the hospital operated, awaiting notification of possession by the Army Air Corps, at a serious deficit to the hospital and with considerable personal loss to Dr. Smyser.

The first week in December 1942 Dr. Smyser again visited Washington, because of the imminent danger of continued serious loss to both the institution and himself because of not having received any definite commitment. He inter

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