FEBRUARY 20, 1945.-Committed to the Committee of the Whole House and ordered to be printed

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

following

REPORT

[To accompany H. R. 945]

The Committee on Claims, to whom was referred the bill (H. R. 945) for the relief of Fred Clouse, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Line 5, after the name "Clouse" strike out the comma and insert the words "and Mrs. Emily G. Clouse".

Line 8, strike out the word "his" and insert in lieu thereof the word "their".

At the end of the bill strike out the "period" and insert the following: : Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Amend the title so as to read:

A bill for the relief of Fred Clouse and Mrs. Emily G. Clouse.

The purpose of the proposed legislation is to appropriate the sum of $5,690 to Fred Clouse and Mrs. Emily G. Clouse, of Harrisburg, Pa., in full settlement of all claims against the United States for the death of their son, Charles Clouse, and for expenses incurred in connection with such death, which resulted when the motorcycle on which the said Charles Clouse was riding along Highway Route No. 307 near Scranton, Pa., was struck by a United States Army truck on August 18, 1943.

STATEMENT OF FACTS

The facts in this case are not in dispute. It appears that on August 18, 1943, at about 8:10 p. m., an Army 11⁄2-ton command car, on official business, was proceeding north on Route No. 307, a four-lane highway,

7 miles south of Scranton, Pa., at a speed estimated at 30 miles per hour. At the same time two civilian motorcyclists were proceeding in the same direction on the highway directly ahead of the Army vehicle, at approximately 30 miles per hour. The one motorcycle, driven by Gerald Bordner, of Paxtang, Pa., was traveling in the outside lane, while the other, driven by Charles Clouse, of Harrisburg, Pa., was traveling in the second, or inside, lane for north-bound traffic. The Army driver, who was following the Clouse motorcycle in the inside lane, stated that he "gave the signal to pass and kept on doing so for about a mile but the driver in my lane would not pull over. The Army driver then increased his speed to 35 miles per hour, crossed over into the inside lane for south-bound traffic, and believing that he had passed Clouse, cut back into the second lane. In so doing, the right rear of the Army car struck the front end of the motorcycle of Charles Clouse, causing it and its rider to spill and fall to the pavement.

As a result of the collision the motorcycle was damaged and Charles Clouse received severe personal injuries. He was taken from the scene of the accident to the St. Mary's Hospital, Scranton, Pa., where he died the following day.

At the time of his death, Charles Clouse was 21 years of age. He was employed as a turret lathe operator at an average weekly wage of $65. He left surviving his father, Fred Clouse, age 46, and his mother, Emily G. Clouse, age 45. His parents were partially dependent upon him for their support. As a result of the injury and death of their son, they incurred expenses in the amount of $690.

In the War Department's report dated October 7, 1944, they state: The evidence fairly establishes that the collision and resulting death of Charles Clouse were not caused by any fault or negligence on his part, but were caused solely by the negligence of the Army driver in attempting to overtake the motorcycle proceeding in the same direction without passing at a safe distance to the left thereof and in thereafter driving to the right side of the highway without ascertaining that the Army car was safely clear of the overtaken motorcycle. It is, therefore, the view of the War Department that Fred Clouse should be compensated in a reasonable amount for the death of his son, for the hospital expenses, and the expenses incident to his burial.

The War Department has no objection to the enactment of the bill in the amount of $5,690, consisting of $10 for hospital expenses, $680 for burial expenses, and $5,000 for the death of Charles Clouse. Your committee concurs in the recommendation of the War Department and recommends that the bill be favorably considered, as amended.

Hon. DAN R. McGEHEE,

WAR DEPARTMENT, Washington, October 7, 1944.

Chairman, Committee on Claims, House of Representatives. DEAR MR. MCGEHEE: The War Department has no objection to the enactment of H. R. 5012, Seventy-eighth Congress, a bill for the relief of Fred Clouse. This bill would authorize and direct the Secretary of the Treasury to pay to Fred Clouse, Harrisburg, Pa., the sum of $5,690 in full settlement of all claims of the said Fred Clouse against the United States for the death of his son, Charles Clouse, and for expenses incurred in connection with such death, which resulted when the motorcycle on which the said Charles Clouse was riding along Highway Route No. 307 near Scranton, Pa., was struck on August 18, 1943, by a United States Army truck being operated by an enlisted man in the United States Army.

On August 18, 1943, at about 8:10 p. m., an Army 1⁄2-ton command car, on official business, was proceeding north on Route No. 307, a four-lane highway, 7 miles south of Scranton, Pa., at a speed estimated at 30 miles per hour. At the

same time two civilian motorcyclists were proceeding in the same direction on the highway directly ahead of the Army vehicle, at approximately 30 miles per hour. One of the motorcycles, driven by Gerald Bordner, of 3417 Sharon Street, Paxtang, Pa., was traveling in the outside lane, while the other, driven by Charles Clouse, of 3830 Brisbane Street, Harrisburg, Pa., was traveling in the second, or inside lane for northbound traffic. The Army driver, who was following the Clouse motorcycle in the inside lane, stated that he "gave the signal to pass and kept on doing so for about a mile but the driver in my lane [Clouse] would not pull over." The Army driver then increased his speed to 35 miles per hour, crossed over into the inside lane for southbound traffic, and believing that he had passed Clouse, cut back into the second lane. In so doing, the right rear of the Army car struck the front end of the motorcycle of Charles Clouse, causing it and its rider to spill and fall to the pavement.

As a result of the collision the motorcycle was damaged and Charles Clouse received severe personal injuries. He was taken from the scene of the accident to the St. Mary's Hospital, Scranton, Pa., where he died at 3:20 a. m. the following day.

The Army driver on August 23, 1943, made the following sworn statement regarding the accident:

"I was the driver of Dodge, 1940, 2-ton command car, assigned to drive some enlisted men and myself to Scranton where we were to take up our duties as military police.

"We left the Post [Army Air Forces Service Unit Training Center, Tobyhanna, Pa.] at about 1930 [7:30 p. m.] o'clock, August 18, 1943, and proceeded on Route 611 north toward Scranton. We turned off to Route 307 at intersection of Routes 611 and 307. Two men on motorcycles came from a road to the left and onto Route 307 going toward Scranton. At that time I was driving about 30 miles per hour, the two cyclists going about the same speed. I noticed that one driver would increase his speed and pass the other, then the other would do the same thing, passing each other a few times.

"I gave the signal to pass and kept on doing so for about a mile, but the driver in my lane would not pull over. The road was a four-lane highway, the two outside lanes being asphalt and the two inside lanes concrete. It was getting dusk about this time and the lights were on on the car.

"I had a clear view of the road ahead for about one-half mile and as the cyclists ahead of me would not pull over to give me room to pass, and as there was no sign of oncoming traffic, I directed the command car to the left into the inner southbound lane of traffic increasing speed in order to pass the motorcycle. At this point, the cyclist in the outside lane was about 15 to 20 feet ahead of the one on the inside lane. After judging that I had passed the cyclist and had sufficient room to pull in the second lane ahead of him, I proceeded to cut over gradually to the second lane. On doing so, I felt a slight jar to the car and immediately turned the wheels to the left and then to the right which put the car temporarily out of control. I finally stopped the car and got out with some other men.

"I noticed that one of the motorcycles was laying off to the east side of the road, the driver lying on his back and about 2 feet from the motorcycle. He had some blood on his forehead. He was Charles Clouse, Paxtang, Pa."

Gerald H. Bordner, the driver of the second motorcycle, on July 25, 1944, made the following sworn statement:

66* * * The accident occurred about 7:30 p. m. in the evening. It wasn't yet dark enough to make it necessary to have on your lights. My boy friend [Charles Clouse] and I had left the small town of Moscow and headed for Scranton. * * We were riding abreast at a speed of about 35 miles per hour. I was traveling in the middle of the first lane and my boy friend was in the middle of the second lane on the right side of the four-lane highway. As we were going down the hill on which the accident occurred, I was lagging several yards behind my boy friend. I increased my speed so that I could come up with him. In doing so I overestimated my speed and went ahead of him about 30 yards. As I slowed down some and glanced around to the back of me to see whether my boy friend was coming up to me I saw the Army car the moment it had nipped the left handlebar of my boy friend's motorcycle with its right rear fender. This caused the front wheel of his motorcycle to whip crosswise in relation to the direction we were traveling and thus spilling his motorcycle on its left side. The driver of the Army car after spilling my boy friend swerved somewhat to the left and came to a stop at the right side of the highway. My boy friend was still on his motorcycle the moment it had fallen on its left side. * * I never did realize and I am sure that my boy friend didn't even realize that there was a car behind us even though the military police that were in the

* *

*

car had stated that their driver had sounded his horn before and while passing. Some of the passengers in the Army car boasted that they had a governor on their car which would prevent it from doing over a speed of 35 miles per hour. This might be the reason why my buddy was cut short on his motorcycle by the Army car. It wasn't because the driver of the Army car was forced to pass my boy friend close because it was a four-lane highway and no cars were in sight coming the other way and it was on a straight stretch of the high

way.

* * *"

Charles Clouse was 21 years of age at the time of his death, and was employed as a turret lathe operator at an average weekly wage of $65. He left, surviving, his father, Fred D. Clouse, age 46 years, and his mother, Mrs. Emily G. Clouse, age 45 years, and his parents were partially dependent upon him for their support. No claim has been filed with the War Department growing out of this accident. The records of the War Department show that as a result of the injury and death of his son, Mr. Clouse has incurred the following expenses: Wesley Franklin, Moscow, Pa. (funeral services and casket). Richard Lee Snyder, Harrisburg, Pa. (undertaker) – St. Mary's Hospital, Scranton, Pa..

Total___

$500

180

10

690

The evidence fairly establishes that the collision and resulting death of Charles Clouse were not caused by any fault or negligence on his part but were caused solely by the negligence of the Army driver in attempting to overtake the motorcycle proceeding in the same direction without passing at a safe distance to the left thereof and in thereafter driving to the right side of the highway without ascertaining that the Army car was safely clear of the overtaken motorcycle. It is, therefore, the view of the War Department that Fred Clouse should be compensated in a reasonable amount for the death of his son, for the hospital expenses, and the expenses incident to his burial. Accordingly, the Department will have no objection to the enactment of the bill in the proposed amount of $5,690 ($10 for hospital expenses, $680 for burial expenses, and $5,000 for the death of Charles Clouse), which, it is believed, would constitute a fair and reasonable settlement of all the damages sustained by Mr. Clouse as a result of his son's death.

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. HENRY L. STIMSON, Secretary of War.

Sincerely yours,

Richard Lee Synder Funeral Service; paid, September 20, 1943.

$145

25

10

180

79TH CONGRESS 1st Session

}

HOUSE OF REPRESENTATIVES

{

REPORT No. 172

AUTHORIZING PAYMENT OF CERTAIN CLAIMS FOR DAMAGE TO OR LOSS OR DESTRUCTION OF PROPERTY ARISING PRIOR TO MAY 27, 1941, OUT OF ACTIVITIES OF THE WAR DEPARTMENT OR OF THE ARMY

FEBRUARY 20, 1945.-Committed to the Committee of the Whole House and ordered to be printed

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

following

REPORT

[To accompany H. R. 981]

The Committee on Claims, to whom was referred the bill (H. R. 981) to authorize payment of certain claims for damage to or loss or destruction of property arising prior to May 27, 1941, out of activities of the War Department or of the Army, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to authorize the payment of certain claims for damage to or loss or destruction of property arising prior to May 27, 1941, out of activities of the War Department or of the Army.

The War Department transmitted a request to the Speaker of the House of Representatives for this legislation. Therefore, your committee recommend favorable consideration of the bill.

Appended hereto is a letter from the Secretary of War:

The SPEAKER, HOUSE OF REPRESENTATIVES.

WAR DEPARTMENT, Washington, October 23, 1944.

DEAR MR. SPEAKER: There is enclosed herewith draft of a bill to provide for the payment of certain claims for damage to or loss or destruction of property arising prior to May 27, 1941, out of activities of the War Department or of the Army, which the War Department recommends be enacted into law.

The purpose of the proposed bill is to provide payment of claims which are not now payable under any law by reason of the repeal or amendment of various statutes which were in effect at the time the claims arose and under which they could have been paid.

The claims enumerated in the bill, all of which have been determined by the War Department to be meritorious, had been seasonably filed and were under consideration at the time of the passage of the act of July 8, 1943 (57 Stat. 372;