WEST POINT MILITARY RESERVATION EASEMENT FEBRUARY 16, 1945.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. DURHAM, from the Committee on Military Affairs, submitted the following REPORT [To accompany S. 290] The Committee on Military Affairs, to whom was referred the bill (H. R. 1390) to authorize the Secretary of War to grant to the Orange & Rockland Electric Co. a 150-foot perpetual easement across the West Point Military Reservation in the State of New York, having considered the same, report favorably thereon, without amendment, with recommendation that the bill do pass. The proposal involves an exchange, on an equal basis, of the present right-of-way of the Orange & Rockland Electric Co. for a new one from the Government, and no expenditure of governmental funds is required. The existing transmission line interferes with the efficient operation of the reservation, as the line has been interrupted during recent months because of gunfire practice on the various ranges. A new route across the reservation, mutually satisfactory, has been decided upon. The proposed easement will convey to the company a 150foot perpetual easement for the erection and maintenance of transmission lines, and the use of the land will be subject to such rules and regulations as the officer of the Army having jurisdiction may prescribe. The letter of the War Department recommending this legislation follows. Hon. ROBERT R. REYNOLDS, Chairman, Committee on Military Affairs, WAR DEPARTMENT, Washington, January 5, 1945. United States Senate. DEAR SENATOR Reynolds: There is enclosed herewith draft of a bill, an act to authorize the Secretary of War to grant to the Orange & Rockland Electric Co., a 150-foot perpetual easement across the West Point Military Reservation in the State of New York, which the War Department recommends be enacted into law. The existing transmission line of the Orange & Rockland Electric Co. across the West Point Military Reservation interferes with the military use and efficient operation of the reservation. Service on the line has been interrupted during recent months because of the line being severed by gunfire practice on the various ranges. The existing lines are located on an easement of unspecified width which provides for construction of two electric transmission lines 50 feet apart, and includes the right to cut and trim trees. This constitutes an effective easement of 150-foot width. The easement is perpetual and was in effect at the time the lands were acquired by the United States. It is proposed to relocate the transmission lines elsewhere across the reservation, so as not to interfere with the various firing ranges. A mutually satisfactory route has been decided upon. The relocation will be effected by an exchange of the present easement for another of similar width and duration. However, since existing statutory authority for the granting of easements of this type a cross military lands provides only for a width of 40 feet for a term of 50 years' duration, it is necessary to obtain specific statutory authorization for the conveyance. The proposed easement to be granted by the War Department in the exchange will convey to the company a 150-foot perpetual easement for the purpose of erect ing, constructing, operating, maintaining, and replacing two high-tension electric transmission lines and customary necessary appurtenances and attachments, with the center lines thereof approximately 50 feet apart together with the right of ingress to and egress from the premises, for the purpose of erecting, constructing operating, maintaining, and replacing the property of the company described above. The use and occupation of such land incident to the exercise of these privileges will be subject to such reasonable rules and regulations as the officer of the Army having immediate jurisdiction over the land may prescribe. No expenditure of governmental funds is involved, since the proposed exchange will be on an equal basis-the old right-of-way being relinquished by the company in return for a new one from the Government. The Bureau of the Budget advises that there is no objection to the submission of this proposed legislation for the consideration of the Congress. Sincerely yours, О HENRY L. STIMSON, FEBRUARY 19, 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. 256] The Committee on Claims, to whom was referred the bill (H. R. 256) for the relief of Dr. Luther J. Head, 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 5, strike out the figures "$15,000" and insert in lieu thereof the figures "$5,285". STATEMENT OF FACTS It appears that on August 11, 1944, a United States Army truck was traveling north on Highway No. 2, in Virginia, at an estimated speed of from 30 to 35 miles per hour. About 15 miles south of Bowling Green, Va., Mrs. Lucy F. Head, of Penola, Va., was standing about 12 feet west of the west edge of the highway waiting for a bus. As the Army driver approached a point opposite where Mrs. Head was standing his vehicle for some unknown reason began to veer to the left and ran off the west side of the pavement. The Army truck crashed into a pine tree about 11 inches in diameter near Mrs. Head and, as a result of the impact, was broken off at a point about 6 feet from the base. The falling tree, in turn, struck Mrs. Head, fracturing her neck and resulting in her almost instantaneous death. The evidence clearly establishes that the accident and resulting death of Mrs. Head were not caused by any fault of negligence on her part but apparently were caused by the negligence of the Army driver in failing to maintain such control over his vehicle as to prevent it from leaving the road and endangering the lives of persons lawfully standing at the side thereof. There is no controversy as to the negligence of the driver and the responsibility of the United States to compensate Dr. Head for the death of his wife. Therefore, your committee recommend the enactment of the bill as amended in the sum of $5,285. Appended hereto is report of the War Department, together with other pertinent evidence. Hon. DAN R. McGEHEE, Chairman, Committee on Claims, WAR DEPARTMENT, Washington, D. C., January 5, 1945. House of Representatives. DEAR MR. McGEHEE The War Department is opposed to the enactment of H. R. 5460, Seventy-eighth Congress, a bill for the relief of Dr. Luther J. Head, in its present form. This bill would authorize and direct the Secretary of the Treasury to pay the sum of $15,000 to Dr. Luther Jerrell Head, of Penola, Va., in full settlement of all claims against the United States for the death of his wife, Mrs. Lucy F. Head, who was killed as the result of an accident involving an Army truck on August 11, 1944, on Highway No. 2 in Virginia. The Department would not, however, oppose the enactment of the bill if it should be so amended as to provide for an award of $5,285 to Dr. Head. On August 11, 1944, at about 11:30 a. m., a 21⁄2-ton Army truck, operated by an enlisted man' on official business, was proceeding north on Highway No. 2 in Virginia, at an estimated speed of from 30 to 35 miles per hour. The weather was clear and the pavement was dry. At the same time Mrs. Lucy F. Head, of Penola, Va., was standing about 12 feet west of the west edge of the same highway at a point approximately 15 miles south of Bowling Green, Va., waiting for a southbound bus. As the Army driver approached a point opposite where Mrs. Head was standing his vehicle for some unaccountable reason began to veer to the left and ran off the west edge of the pavement. The Army truck crashed into a pine tree about 11 inches in diameter near Mrs. Head which, as a result of the impact, was broken off at a point about 6 feet from the base. The falling tree, in turn, struck Mrs. Head, fracturing her neck and resulting in her almost instan taneous death. The Army driver on August 11, 1944, made the following sworn statement regarding the accident: not later than 0930. "I left Camp Lee between 0915 (9:15 a. m.) and 0930 (9:30 a. m.)-certainly I continued on my way to A. P. Hill (A. P. Hill Military Reservation) and arrived without making any stops whatsoever at a point some 14 miles south of Bowling Green at about 1115 (11:15 a. m.). I was traveling along at about 30 to 35 miles per hour on a level stretch of road when suddenly my truck pulled to the left and headed for the west side of the road. My was going in a northerly direction. I tried with all my strength to pull the wheel and head the truck back on the road surface but I could not do so. truck I applied my foot brake but did not jam them on hard, as I had a big load and was afraid of tipping over. The truck went off the road on the west side and when I saw that I was going to hit a big tree I slid over in the seat to the right trying to get away There was a crash and a cloud of dust from the side on which I was sure to hit. or smoke seemed to fill the cab. My hands I was tossed about in the cab. I had no idea of where the truck was, but I could see that it was still in motion so I pushed my foot on the brake and the truck finally came to a stop on the east side of the road just in front of a gasoline station which I later learned was operated by people by the name of Young. I turned the ignition key and shut off the motor. I then heard some woman's voice call from the window of the building, 'Where is the lady?' I hadn't seen anyone else o the road before the accident, so I walked across to the west side of the road and there I found a woman lying on the ground about 4 or 5 yards off the side of the road. I saw that she was bleeding and lying very still as though she might be dead. I was somewhat dazed and shaken. My left side was bleeding, I walked back to my truck and stayed there a minute or two when some Army officers happened to come by and took charge of things and made the "I cannot think of any reason why this truck should have acted in this manner. I had driven this truck on other occasions and had never had any trouble of this my left arm. necessary reports. nature." as WAS On August 12, 1944, Maj. A. D. K. Mason, Quartermaster Corps, of Camp Lee, Va., made the following sworn statement: "On 11 August 1944, I received a telephone call informing me of a serious accident which had occurred on route 2. Consequently, I went immediately to the scene of the accident, some 14 miles south of Bowling Green, Va. Arriving there at about 1230 [12:30 p. m.], I found my maintenance men about to move truck No. 4307059, which had been in a serious accident at that point. I examined this vehicle and tested its steering apparatus, inasmuch as it had been reported to me that that was the cause of the accident. With the assistance of Master Sergeant Blanchfield, I made this examination and could find nothing apparently wrong." The claims officer, at Camp Lee, Virginia, who made a careful investigation of this accident stated in his report as follows: "The Government operator could offer no definite explanation as to what caused his vehicle to leave the road, other than that it 'pulled' to the left, and maintained under questioning that he tried to get the truck back on the road again without success. Investigation revealed no mechanical defects in the functioning of any parts of the vehicle in question. When questioned as to why he did not apply his brakes, Sergeant Reach [the Army driver] stated he did apply them, but not fully, believing that if he did apply them fully he might cause his truck to overturn due to its heavy cargo. "Since examination of the vehicle revealed no mechanical defects, and since the road at this point is clear of any surface obstruction which might throw the vehicle out of control, and in view of Sergeant Reach's inability to satisfactorily explain how the vehicle left the road, it is this officer's finding that the death of Mrs. Head was caused by the negligence of Sergeant Reach'in not maintaining proper control of this vehicle." The records of the War Department show that burial expenses as a result of Mrs. Head's death were incurred and paid by Dr. Head to the Gravatt Funeral Home, Hanover, Va., in the amount of $285. At the time of her death Mrs. Head was 67 years of age. Her husband, Dr. Luther J. Head, age 78, is a retired physician, who appears to have been partially dependent upon his wife for support. At the time of the accident Mrs. Head was engaged in managing a farm owned by her brother, Dr. P. R. Fox, of McComas, W. Va., at a salary of $60 per month. In addition, she received the use of a dwelling house rent-free. During the 5 years immediately preceding his wife's death Dr. Head had received an average monthly income of $20 to $25 from the occasional practice of his profession. In addition to her husband, Mrs. Head left the following survivors, none of whom was dependent upon her for his support: Mrs. Dorothy Head Thomas, daughter, age 37 years. Luther Jarrell Head, Jr., son, age 33 years. James Edward Head, son, age 31 years. Mrs. Esther Head Westra, daughter, age 29 years. Mrs. Mary Head Gradek, daughter, age 24 years. On September 18, 1944, Dr. Luther J. Head filed a claim with the War Department for administrative consideration under the provisions of the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), in the amount of $15,000 for the death of his wife. In view of the introduction of H. R. 5460 no action has been taken on the claim. In this connection your attention is invited to the fact that there is no statute or appropriation available to the War Department under which a claim for the death of a person, beyond the reimbrusement for reasonable burial expenses actually incurred, may be administratively settled. The evidence fairly establishes that the accident and resulting death of Mrs. Head were not caused by any fault or negligence on her part, but apparently were caused by the negligence of the Army driver in failing to maintain such control over his vehicle as to prevent it from leaving the road and endangering the lives of persons lawfully standing at the side thereof. Under the circumstances the War Department believes that Dr. Head should be compensated in a reasonable amount for the death of his wife, Mrs. Lucy F. Head, and the expenses incident to her burial. While the amount stated in the bill is excessive, the Department would have no objection to the enactment of the bill if it should be so amended as to provide for an award to Dr. Head in the amount of $5,285 |