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However, it will also be noted that Mrs. Wellborn states that she accepted retire. ment about July 1941 and that her claim is based more on the fact that her retirement annuity was decreased because of the relinquishment of her position as principal of the high school.

This Department does not regard H. R. 1310 as meritorious and, therefore, recommends that it be not given favorable consideration.

It has been ascertained from the Bureau of the Budget that this report is in accord with the program of the President. Very truly yours,

K. P. ALDRICH, Acing Postmaster General.

UNITED STATES CIVIL SERVICE COMMISSION,

Washington, D. C., October 21, 1942. Hon. Dan R. McGEHEE, Chairman, Committee on Claims,

House of Representatives. DEAR MR. McGEHEE: The Commission acknowledges receipt of your letter of October 8, 1942, requesting a report of the facts as disclosed by the files of this office in connection with H. R. 4114, a bill for the relief of Thula B. Wellborn.

H. R. 4114, if enacted into law, would authorize and direct the Secretary of the Treasury to pay the sum of $636 to Thula B. Wellborn, of Garland, Ark. This payment purports to be in full settlement and satisfaction of Miss Wellborn's claim against the United States "by reason of damages sustained by her as a result of being required by the Civil Service Commission of the United States and the Post Office Department of the United States to resign as school teacher in Miller County, Ark., in order to be eligible to accept appointment as postmaster at Garland, Ark., and the failure to appoint her to the latter position after such resignation and her place as a school teacher having been filled by another after such resignation, and it being too late for her to negotiate a contract for a teaching position elsewhere."

The files of the Commission show that Miss Wellborn competed in the civilservice examination announced for the position of postmaster in the fourth-class office at Garland, Ark., and passed the examination with a rating of 85.80 percent, which placed her name second on the register of eligibles. In accordance with the Civil Service Rules, the names of the first three eligibles on the register were certified to the Post Office Department for consideration. Miss Wellborn was selected for appointment and, in accordance with the regulations, underwent a physical examination. When the certificate of physical examination was received in this office, it was found that Miss Wellborn did not meet the physical requirements for the position of postmaster, and it was therefore necessary to disapprove her appointment. Subsequent reexamination confirmed the findings of the first medical examination, and it was necessary to sustain the disapproval of her appointment.

The records of the Commission do not show that the Civil Service Commission had any part in or connection with Miss Wellborn's resignation from her position as school teacher. Information has been secured informally from the Post Office Department, however, that in contacting Miss Wellborn to ascertain her availability for appointment, the Department notified her that it would be necessary for her to resign from her position of school teacher in order to accept full-time employment with the Post Office Department and requested to be advised of her intentions in the matter. Miss Wellborn apparently resigned as school teacher before she was actually given final appointment as postmaster. The Post Office Department has advised us that your committee has requested the Department also to furnish a report on H. R. 4114, and it is assumed that the Department's report will fully cover this phase of the matter. Sincerely yours,

HARRY B. MITCHELL, President.

AFFIDAVIT OF MRS. THULA B. WELLBORN Mrs. Thula B. Wellborn, being first duly sworn on oath states: That in the year 1940 pursuant to a competitive examination she was determined eligible for appointment as United States postmaster at Garland, Miller County, Ark., and that in August 1940 she was appointed such postmaster. That up to the time immediately preceding her appointment as postmaster she was under contract with the School Board of Garland, Ark., for a position as teacher for the scholastic year 1940-41 and in which capacity she had been employed for several years prior thereto. That under date of July 27, 1940, the Post Office Department advised her that it would be becessary for her to resign as such teacher and to be released from the contract above mentioned.

That shortly thereafter the Post Office Department directed that she have her resignation as school teacher approved by the school board, which was done. Thereafter in August, and as above set forth, she was designated as postmaster at Garland, Ark. That after resigning her contract for teaching school and after having been appointed postmaster as above set forth a physical examination was required from which it developed that she did not meet the minimum physical requirements for the postmastership, and she was thereupon released from duty as such postmaster. That in the meantime the School Board of Garland, Ark., had entered into a contract where by another person was employed to perform the services for the school, which she had formerly been contracted to perform, and which contract she had resigned at the direction of the Post Office Department. That her contract with the school board provided compensation at the rate of $79.50 per month for a period of 8 months. That as result of being required to resign such contract before being subjected to a physical examination she was deprived of an opportunity to perform said teaching contract and was further prevented from serving as postmaster. That if the Post Office Department had directed that her physical examination be taken before requiring her to resign her teaching position and before designating her as postmaster she would not have been deprived of teaching employment under the contract and would not have suffered the financial loss above stated. Dated this 10th day of April 1943.

THULA B. WELLBORN.

STATE OF TEXAS,

County of Bowie, 88: On this 10th day of April 1943, before me the undersigned, a duly commissioned, qualified, and acting notary public within and for the county and State aforesaid, personally appeared Thula B. Wellborn, to me personally well known, whose name is signed to the foregoing affidavit, and stated and declared that the matters and things set forth in said affidavit are true and correct.

In witness whereof I have hereunto set my hand and seal of office as such notary public of the county and State aforesaid on this 10th day of April 1943. (SEAL)

Oval A. MOSELY.

Notary Public, Bowie County, Ter. My commission expires June 1, 1943.

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ADOLPHUS M. HOLMAN

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

ordered to be printed

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

following

REPORT

[To accompany H. R. 1841)

The Committee on Claims, to whom was referred the bill (H. R. 1841) for the relief of Adolphus M. Holman, having considered the samé, report favorably thereon without amendment and recommend that the bill do pass.

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

The facts will be found fully set forth in House Report No. 1379, Seventy-eighth Congress, which is appended hereto and made a part of this report.

(H. Rept. No. 1379, 78th Cong., 2d sess.)

The purpose of the proposed legislation is to appropriate the sum of $5,846.92 to Adolphus M. Holman, of Las Cruces, N. Mex., in full settlement of all claims against the United States for property damages and personal injuries sustained when the car which he was driving was struck by an Army truck on the highway near Alamogordo, N. Mex., on September 28, 1942.

STATEMENT OF FACTS

It appears that on the evening of September 28, 1942, two Army cargo trucks, on official business, were en route from Biggs Field, Tex., to the Alamogordo Air Base at Alamogordo, N. Mex. About 12:45 a. m., on September 29, 1942, while these trucks were proceeding in a northerly direction on United States Highway No. 54, a 1937 Olds

car.

mobile coupe owned and operated by Adolphus M. Holman, who was accompanied by his son-in-law, Mike Schilling, approached from the opposite direct on. The drivers of the two Army trucks dimmed their lights and signaled by blinking a request to the approaching civilian driver to switch to his dim lights, but the civilian driver did not turn on his dim lights until he had approached to a point within a short distance from the first Army truck.

The dim light on the left side of Mr. Holman's car was out, and he continued down the road with only one dim light burning. The drivers of the two Army trucks turned as far as possible to their right in an effort to avert a collision. The first Army truck, driven by Second Lit. Hugh G. Gardner, missed the civilian

However, after passing the first truck Mr. Holman's car continued to bear to its.left and as a result thereof it struck the left front wheel and left side of the second truck.

As a result of the collision the Army truck was damaged to the extent of $358.82. Mr. Holman's car was damaged to the extent of approximately $400. He sustained a multiple fracture of his left leg and numerous cuts and bruises.

In a letter dated December 10, 1942, from Dr. W. D. Sedgwick, his injuries are diagnosed as follows: A simple fracture of the left tibia in the middle third; a simple fracture head of left tibia and thrombophlebitis left leg. After hospitalization for a few days a cast was applied. He was dismissed from the hospital October 11, 1942, and instructed to return periodically for observation. About December 3, 1942, the cast was removed from his leg. At that time there was still an incomplete union of the fracture side and thrombophlebitis.

The report of the War Department dated August 28, 1943, states that Mike Schilling said they had been drinking. However, in an affidavit signed by Mr. Schilling, dated October 21, 1943, he denies that he ever made any such statement to the authorities. Also, in this affidavit it is stated that they had not been drinking. This statement is verified by an affidavit by Mr. Holman. They both state that the cause of the accident was due to the driver of the Government vehicle not dimming his lights, thus blinding the driver of the civilian car and causing the accident.

Therefore, it is the opinion of your committee that the Government driver was negligent in not dimming his lights when a car was approaching from the opposite direction. The committee recommends favorable consideration to the bill.

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

WAR DEPARTMENT,

Washington, D. C., August 28, 1943. 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. 2674, Seventy-eighth Congress, a bill which would authorize and direct he Secretary of the Treasury to pay to Adolphus M. Holman, of Las Cruces, N. Mex., the sum of $5,846.92, in full satisfaction of his claim against the United States for property damages and personal injury sustained by him on September 28, 1942, when a car driven by said Adolphus M. Holman was struck by an Army truck of the United States on the highway near Alamogordo, N. Mex.

On the evening of September 28, 1942, two Army cargo trucks, on official business, were en route from Biggs Field, Tex., to the Alamogordo Air Base at Alamogordo, N. Mex. About 12:45 4. m., on September 29, 1942, while these trucks were proceeding in a northerly direction on United States Highway No. 54 about 20 miles from Alamogordo, a 1937 Oldsmobile coupe owned and operated by Adolphus M. Holman, who was accompanied by his son-in-law, Mike Schilling, approached from the opposite direction traveling in the middle of the road. The drivers of the two Army trucks dimmed their lights and signaled by blinking & request to the approaching civilian driver to switch to his dim lights, but the civilian driver did not turn on his dim lights until he had approached to a point within a short distance from the first Army truck. The dim light on the left

.

side of Mr. Holman's car was out, and he continued to proceed down the middle of the road with only one dim light burning. The drivers of the two Army trucks turned as far as possible to their right in an effort to avert a collision. I'he first Army truck, driven by Second Lt. Hugh G. Gardner, missed the civilian car. However, after passing the first truck Mr. Holman's car continued to bear to its left and as a result thereof it struck the left front wheel and left side of the second truck operated by Sgt. Lloyd F. Eby. . The civilian car came to a stop about 8 or 10 feet beyond the point of the collision. As a result of the comision the Army truck operated by Sergeant Eby was damaged to the extent of $358.82, Mr. Holman's car was damaged to the extent of approximately $100, and he is reported to have sustained a multiple fracture of his left leg and minor cuts and bruises. It does not appear that anyone else was injured in the accident.

No medical evidence has been furnisned showing the nature and extent of the injuries sustained by Mr. Holman, and no evidence has been furnished showing the amount of his medical and hospital expenses. Furthermore, no evidence has been furnished as to the amount of any loss in earnings due to the injuries sustained by him in this accident.

Mr. Holman in a statement dated October 13, 1942, said:

“I was driving my 1937 Oldsmobile coupe, south on Highway No. 54 with my son-in-law, Mike Schilling. We were traveling about 40 miles per hour. We were going back to Ora Grande where we were employed as carpenters. We left Alamogordo around 9 in the evening September 28, 1942. We had been in Alamogordo to transact some business with the local No. 1066.

On the way back we met two cars; I was watching the center of the road trying to be sure there was clearance. The first car dimmed his lights, and we got by. The second car was right behind the first car and had bright lights. I dimmed my lights, but the second car did not dim his. I kept watching the center of the road to be sure that there was clearance. The next I can remember I was in the Army hospital in Alamogordo. I had not had anything intoxicating to drink that evening.

Mike Schilling, who was riding in the car with Mr. Holman at the time of the accident, in a statement dated October 2, 1942, said:

"We left Ora Grande about 7 p. m. for Alamogordo, N. Mex., to get some beer and a bottle of wine to bring home. We had two bottles of beer apiece at the Tex Bar. From there we went to a filling station to get a light bulb.

We bought two and put one in the right head lamp. We then bought a quart of wine and started back to Ora Grande. When about 12 miles south of Alamogordo on High way No. 54 Mr. Holman took a couple of swallows of the wine. I did not take a drink. We kept on going toward Ora Grande at about 45 miles per hour. After about 8 miles we met two cars coming about 75 yards apart. The first car dimmed his lights and we passed him. The second car did not dim his lights. I do not know whether Mr. Holman dimmed his as the other car lights were so bright. I told the driver that he was going to hit so I ducked my head and the cars hit. Mr. Holman kept asking for a drink after the accident as he was freezing. The wine could not be found. The soldiers gave their coats to Mr. Holman to keep him warm. When I told Mr. Holman that he was going to hit the car he pulled to tne right and as the road was rough he pulled to the left and the lights blinded him and he went too far to the left and the cars hit."

Second Lt. Hugh G. Gardner, the driver of the leading Army truck, stated:

"I was driving the first truck, and Sergeant Eby in the other truck had been given orders to stay at least 300 yards behind me. The Oldsmobile coupe that figured in the accident was approaching from the north, and when he dimmed his lights, the light on the left front went out completely. He was traveling in the middle of the road, and it was necessary to drive the truck completely off the road to avoid an accident. I returned to the road after he passed and continued on. A short time later I noticed that the other truck was not following me, and turned around and went back to the scene of the accident.

"Both Sergeant Eby and Private Gillick had climbed clear of the overturned truck by this time and both men were also out of the car. Another car stopped, and promised to send an ambulance down from Alamogordo.

"The passenger in the other car (Mr. Schilling) did not try to hide the fact that they had been drinking. He said that when they left the bar in Alamogordo, he wanted to drive because his father-in-law, the driver, was too drunk. He also said that he knew that they were going to hit the truck and was surprised that they had missed the first one. His conversation and his actions showed that he was undoubtedly under the influence of alcohol. In the course of the evening he bragged about how much liquor he had consumed.”

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