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treatment. Dr. Jackson states that he considered this man in a dangerous condition and there being no Government facilities near Ranger, Tex., that he would have been charged with derelict of his duty had he procrastinated in prompt removal of his appendix.

Therefore your committee commends Dr. Jackson for the care and attention he gave this man and feel that this bill should be paid by the United States, and recommend favorable consideration to the bill. Appended hereto is report of Navy Department, together with other pertinent evidence.

Hon. DAN R. McGEHEE,

Chairman of the Committee on Claims,

NAVY DEPARTMENT,
OFFICE OF THE SECRETARY,
Washington, June 17, 1944.

House of Representatives, Washington, D. C..

MY DEAR MR. CHAIRMAN: The bill H. R. 4303, for the relief of Dr. Walter L. Jackson and City-County Hospital, was referred by your committee to the Navy Department with request for report thereon.

The purpose of the bill H. R. 4303 is to direct payment by the Secretary of the Treasury of the sum of $130 to Dr. Walter L. Jackson and the sum of $48 to the City-County Hospital of Ranger, Tex., for medical and hospital treatment rendered David C. Arterburn (586-669), machinist's mate, second class, United States Coast Guard Reserve, as a result of an emergency operation while on furlough May 10, 1943.

It appears that David C. Arterburn suddenly became ill while on furlough at his home in Ranger, Tex., and that Dr. Jackson, a private surgeon, performed an emergency appendectomy upon him on or about May 10, 1943. There were apparently no governmental medical facilities or personnel available at Ranger, Tex., and according to Dr. Jackson, the dangerous nature of Arterburn's condition required an immediate operation. After the operation Dr. Jackson notified Arterburn's commanding officer and subsequently submitted a bill for medical services to the Coast Guard in the sum of $130. 4303 were considered administratively by The claims covered by the bill H. R. counting Office and were denied because of the rule, long foilowed by the General Accounting Office, that an enlisted man or officer on leave of absence may not be

furnished private medical or hospital treatment at public expense.

Claims similar to those covered by the bill H. R. 4303 are made from time to time and are uniformly rejected by the naval forces and the General Accounting

Office.

The Navy Department disapproves the bill H. R. 4303, since it gives preferred treatment to the instant claimants over other claimants whose claims while

equally meritorious have not been paid.

In order that there be equality of treatment of claims of this character, the Navy Department favors general legislation authorizing the payment of expenses for private medical or hospital treatment rendered in emergencies to enlisted men not available. Legislation to effectuate this purpose is now under consideration and officers while on leave, when governmental medical and hospital facilities are by the Navy Department. It should be noted that the War Department for the last 2 years has had authority under appropriation acts to pay for civilian or private medical and hospital treatment of Army personnel while on leave or It is believed that this general treatment of such claims is preferable and more equitable than the piecemeal consideration of such claims as proposed by the bill Therefore the Navy Department recommends against enactment of the bill

furlough.

H. R. 4303.

H. R. 4303.

The Navy Department has been advised by the Bureau of the Budget there would be no objection to the submission of this recommendation.

Sincerely yours,

that

JAMES FORRESTAL.

RANGER CLINIC,

Ranger, Tex., November 17, 1943.

Re David C. Arterburn, machinist's mate, second class, United States Coast Guard Reserve.

Hon. SAM RUSSELL,

United States House of Representatives, Washington, D. C.

It

DEAR MR. RUSSELL: Your kind letter of November 13, 1943, received. was, of course, a distinct disappointment to have the Government disclaim responsibility in this case. It seems so necessary that these boys be allowed to visit their home, as this certainly does help to maintain morale. In the case of the Arterburn boy, his mother had only a short time before undergone extensive surgery, in fact, we felt that she came near losing her life.

In the case of this boy, he became suddenly very sick with a typical acute, fulminating appendicitis. The writer felt that if this boy was not too sick that it would be "good policy" to send him to one of the Government hospitals. But in his case a white-blood-cell count was made and found to be 19,250, and one who is at all versed in surgery readily recognizes that this constituted a real emergency. The writer certainly would have been derelict of duty if there had been any procrastination in prompt removal of his appendix.

Since the Army, Navy, and Marines take and insist on such splendid care of all their men in the camps, on the battle front and wherever they may be in their respective commands, it surely does not seem right or even tolerable for these men not to be cared for in such dire emergencies.

I would like for you to know that the Army paid for the medical and hospital service rendered a second lieutenant who was on leave and became suddenly ill. The writer cared for this man and as soon as it was deemed safe for him to travel he was transported to a Government hospital. Also in another case an enlisted man "private" was on furlough from Camp Barkeley, Tex., over at Olden, Tex., and "accidentally" or "intentionally" shot himself in the leg with a small-caliber pistol. I cared for this man and hospitalized him. Camp Barkeley station hospital was notified afterward and the following day they came for him and he was transported to the Army hospital. In this case the doctor and hospital were paid for the services rendered.

In these two cases cited, one was for sickness and the other was for injury. If one branch of the service could and did pay for service by other than military personnel, I cannot see why we cannot be paid for our care of Arterburn, especially since it was a matter of life and death of a member of our armed forces.

We are therefore sending you another bill with the hope that you may be able to have this case reconsidered by someone so that we may be paid for which we feel is a just claim.

With very best personal regards, I am,

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I certify that the above bill is correct and just, that payment therefor has not been received.

H. Repts., 79-1, vol. 1- -66

WALTER L. JACKSON, M. D.

RANGER, TEX., February 8, 1944. D. C. Arterburn, machinist's mate, second-class, No. 586-669, care of district Coast Guard office, United States Coast Guard, Philadelphia, Pa.—In account with City-County Hospital. Admitted May 10, 1943; dismissed May 17, 1943: 7 days, at $5 per day.. Operating room__ Medications:

6 morphia tablets, one-fourth grain, at 5 cents. 10 veronal capsules, at 2 cents___

Total...

$35.00

12.50

.30

.20

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MRS. ALMA MALLETTE AND ANSEL ADKINS

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

Mr. RAMEY, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 1558]

The Committee on Claims, to whom was referred the bill (H. R. 1558) for the relief of Mrs. Alma Mallette and Ansel Adkins, 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 6, strike out the figures "$5,000" and insert in lieu thereof the figures "$4,000".

Page 1, lines 6 and 8, strike out the name "Ancel" and insert in lieu thereof the name "Ansel".

Amend title so as to read:

For the relief of Mrs. Alma Mallette and Ansel Adkins.

The purpose of the proposed legislation is to pay the sum of $4,000 to Mrs. Alma Mallette, and to pay the sum of $1,000 to Ansel Adkins for personal injuries to Ansel Adkins and as compensation to Mrs. Alma Mallette for the death of her son, Harry Stewart, who was killed as a result of an accident involving an Army truck at Fort Leonard Wood, Mo., on March 11, 1942.

STATEMENT OF FACTS

It appears that on March 11, 1942, that Army personnel left Fort Leonard Wood on official business. On the route to the destination they stopped and invited two civilians, Harry Stewart and Ansel Adkins, to ride with them to Big Piney, Mo. The two entered the Army truck and the car proceeded toward Big Piney, and at a point approximately 2 miles from Big Piney the driver of the truck, traveling at an undetermined speed, rounded a curve and a column of motorcycles was encountered; that in order to avoid striking the motorcycles the driver applied the brakes and swerved the truck sharply to the right and turned over several times. As a result of

the accident, Harry Stewart was killed and Ansel Adkins sustained a comminuted fracture of the pubic bone and a scalp wound.

The War Department states in its report of June 10, 1944, thatThe evidence clearly discloses that at the time of the accident the Army driver had departed from the scope of his employment by making use of the Army vehicle for an unauthorized mission.

The report states further:

It is equally obvious that the act of the noncommissioned officer who was in charge of the Army car in inviting the two civilians to ride in such car was unauthorized and in violation of Army regulations.

However, the War Department has no objection to the enactment of the legislation if it is so amended to appropriate the sum of $4,000 to Mrs. Alma Mallette for the death of her son, Harry Stewart, and the sum of $1,000 to Ansel Adkins. Congress has recognized the merit in such claims as several bills have passed and become law during the past Congresses. Private Law No. 134, Seventy-sixth Congress, is identical with this claim.

Therefore your committee recommend favorable consideration to the proposed bill as amended. Appended hereto is report of War Department, together with other pertinent evidence.

Hon. DAN R. MCGEHEE,

WAR DEPARTMENT, Washington, D. C., June 10, 1944.

Chairman, Committee on Claims, House of Representatives.

DEAR MR. MCGEHEE. For the reasons hereinafter stated the War Department prefers to make no recommendation either for or against the enactment of H. R. 3666, Seventy-eighth Congress, a bill "for the relief of Ancel Adkins and Mrs. Alma Mallette." This bill would authorize and direct the Secretary of the Treasury to pay "to Ansel Adkins, the sum of $5,000; to Mrs. Alma Mallette, of Quincy, Mo., the sum of $5,000, in full settlement of all claims against the United States for personal injuries to Ansel Adkins, and as compensation to Mrs. Alma Mallette for the death of her son, Harry Steward, who was killed as a result of an accident involving an Army truck at Fort Leonard Wood, Mo., on or about March 1, 1942."

On the afternoon of March 11, 1942, a noncommissioned officer of the Army was dispatched from Fort Leonard Wood, Mo., with a 4-ton reconnaissance car on a nofficial mission. Two other enlisted men accompanied him in the car, one of them, a private, acting as driver. It appears that on the return trip the soldiers stopped near a group of civilians in a field to ask for some matches; that the noncommissioned officer invited two of the civilians, Harry Steward, of Waynesville, Mo., and Ansel Adkins, of Big Piney, Mo., to enter the vehicle and ride to Big Piney; that the two civilians got into the vehicle, which was then driven south toward Big Piney; that at about 4:15 p. m., at a point 1.5 miles north of Big Piney, as the Army vehicle, traveling at an undetermined speed, rounded a curve at the crest of a hill, a north-bound column of motorcycles was encountered; that in order to avoid striking the motorcycles the driver of the reconnaissance car applied his brakes and swerved the vehicle sharply to the right; and that this maneuver caused the vehicle to go out of control and turn over several times. As a result of the accident, Harry Steward was killed and Ansel Adkins sustained a comminuted fracture of the pubic bone and a scalp wound.

On August 13, 1942, before the board of officers that investigated the accident, the soldier who was in charge of the Army reconnaissance car gave the following testimony:

"Q. What were your duties on that day [the day of the accident]?-A. The battery was short of wire, so that morning Captain Moore requested that we go out on a road east of Big Piney Road and look for wire left behind by previous parties and to bring this wire in * * We found some wire just off Big Piney and followed it for about 4 miles and found that the wire was in operation and so we started back heading toward Big Piney Road.

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