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ring fingers of the left hand were amputated below the first joint. The areas over the right arm, chest, and abdomen where the shot had penetrated the skin were treated locally; the shot were not removed. He was in extreme shock from blood loss, tissue damage, and trauma, and it was necessary to give plasma and whole blood in order to prepare him for operation. The operation was rather long and tedious, but his condition was satisfactory at its conclusion. His convalescence was gradual, but without disturbance. He left the hospital on January 16, 1914. The wound of the right hand had not healed but was treated constantly until a short time ago. There is still one area which has not completely healed.

“Today, Sheriff Griggs' middle, ring, and little fingers and thumb of the right hand are so stiff and lacking in flexibility as to be of little service for any type of work. They have been treated by massage and manipulation and are somewhat improved, but their function will be permanently and seriously impaired. The left hand is in very good condition, but there is some disability because of the loss of the two fingers. The condition of his chest, arm, and abdomen is satisfactory, though' many shot remain. There is still one shot in his face beneath the eye, which will probably have to be removed. An X-ray of the right hand made this date shows the fracture of the thumb healed with a slight angulation. The thumb is fixed at its base and moves but little. The index finger is completely gone. The bones of the middle finger are essentially normal. The carpal bones are in fairly good condition except for an inflammatory fixation in places. The wrist joint appears normal. There are many lead markings about the thumb, carpal bones, and soft parts, and extending up the arm to the elbow. A dozen or more shot are present.

"Summing the case up at the present time, I should say that Sheriff Griggs' general physical condition is reasonably satisfactory. There is 10 percent or more disability in his left hand, and between 65 and 90 percent disability in his right hand, which will be permanent.”

On June 14, 1944, Sheriff Griggs was examined by Capt. Raymond Heiligman, Medical Corps, at the station hospital, Dyersburg Army Air Field, who made the following statement:

"This is to certify that today, June 14, 1944, at station hospital, Army Airfield, Dyersburg, Tenn., I examined Sheriff Oscar Griggs of Ripley, Tenn. This man was shot twice on December 29, 1943, by 12-gage shotgun while performing his duty. He had been hit in the face, chest, right arm, forearm, and hand, also left hand. Examination of left hand revealed amputations of the distal phalanxes of the middle and ring fingers of left hand. Aside from disability complete by loss of these two phalanxes, hand function is normal. Estimated loss of function left hand, 20 percent. Examination of face revealed the presence of a shot in the soft tissues below right eye. Visual test showed 20/20 vision in each eye. The presence of this piece of lead causes intermittent swelling and inflammation of this part and should be removed. Examination of right arm revealed shot under skin over biceps muscle; there is no impairment of function. Examination of forearm and hand revealed loss of 20° of supination of wrist, loss of 10° to 15° of dosiflexion and palmar flexion of wrist. There is a large mass of scar tissue over the dorsal lateral surface of right hand. There is evidence that inflammatory process is still active and scar has recently broken down. Motion of thumb is markedly impaired, right index finger and three quarters of second metacarpal bone are missing. There is marked loss of function of the third, fourth, and fifth fingers. Opponens function of the right hand is not possible. Sensory examination shows marked disturbance and loss of sensation involving thumb and middle finger.

"X-ray shows approximately 22 pieces of lead in forearm and 12 in hand. Estimated loss of function of right hand and wrist, 75 to 80 percent. I believe that while there may be some return of function there will be a residual loss of function from 70 to 75 percent of the right hand.”

The records of the War Department show that as a result of his injuries Mr. Griggs incurred medical and hospital expenses in the aggregate of amount $505.14, as follows: Dr. R. L. Sanders, Sanders Clinic, Memphis, Tenn.

$200. 00 Baptist Memorial Hospital, Memphis, Tenn..

173. 14 Ramelle Poindexter (nurse)..

132. 00 Total.--

505. 14 In addition, Mr. Griggs has been advised that further surgical operations will be necessary for removal of the shot in his right eye and for skin grafting over exposed nerves in his right hand.

At the time he was injured Oscar Griggs was 39 years of age and the following persons were entirely dependent upon him for their support:

Mrs. Avannah Griggs, wife, age 40; Wanda Griggs, daughter, age 14; Billy Griggs, son, age 11; Joe Oscar Griggs, son, age 272; Ann Griggs, daughter, age 8 months; Charles N. Griggs, father, age 78; Mrs. Ethel Griggs, mother, age 68.

At the time he was injured, Mr. Griggs was sheriff of Lauderdale County, Tenn., receiving a salary of approximately $200 per month. Owing to his injuries it was necessary for Sheriff Griggs to remain away from his office from December 29, 1943, to June 1, 1944. He continued, however, to receive his usual salary during the time he was completely disabled. On June 1, 1944, Sheriff Griggs resumed his duties supervising the work of the sheriff's office. In addition, Mr. Griggs is engaged in farming operations which produce an average annual income of approximately $5,000. Since his injury Mr. Griggs has continued to supervise the operation of his farm and any loss of income from that source sustained by him which may be attributable to said injuries is extremely speculative.

In an affidavit dated September 1, 1944, Mr. Griggs made the following statement:

“At the time I was shot by the Negro soldier in Ripley, Tenn., on December 29, 1943, I held in the Travelers Protective Association of America, St. Louis, Mo., a certificate of membership No. 499023, dated August 3, 1943, which provided for weekly indemnity not to exceed 104 weeks in case of total disability from accidental means, $25; weekly indemnity not to exceed 5 weeks in case of partial disability from accidental means, $12.50. I was confined in the hospital 18 days, which would make the amount payable under said policy $31.25. Said policy also provided for an additional payment of $3.57 a day not to exceed 4 weeks' duration in the hospital, which amounts to $64.26. Therefore, the total amount due me from said Travelers Protective Association of America is the sum of $95.51.

Demand has been made upon the Travelers Protective Association of America, St. Louis, Mo., for payment of said amount but I have received no payment on said policy. I have written them and had my attorney, Mr. James T. Haynes, Ripley, Tenn., to write them several letters and they have not made any settlement as of this date and I have my doubts whether they will ever make one or not.

“This policy does not make provision for the loss of one finger on one band, or the first joint of two fingers on the other hand.

“The insurance company has not admitted nor denied liability in whole or in part.”

No claim has been filed with the War Department by Mr. Griggs for damages arising out of this incident.

The evidence fairly establishes that the personal injuries sustained by Oscar Griggs were not caused by any fault or negligence on his part, but were caused by the acts of members of the United States Army who were under the influence of intoxicating liquor and conducting thenselves in a riotous manner. These soldiers were off duty at the time; they were not on military premises and were not engaged in any business for the Army. It is a well-established principle of law that an employer is not liable for the acts of his employees when such employees are acting outside the scope of their employment. Under the circumstances, the United States is not legally responsible for the damages sustained by Mr. Griggs. If, nevertheless, the Congress should conclude to grant relief to Mr. Griggs, the amount of the proposed award, $15,000, is believed to be excessive. Should relief be granted it is recommended that the bill be so amended as to provide for an award to Mr. Griggs in an amount not exceeding the sum of $4,505.14 ($505.14 for medical and hospital expenses, and $4,000 for personal injuries). The fiscal effect of the bill is manifest.

The Bureau of the Budget advises that the enactment of the proposed legislation would not be in accord with the program of the President. Sincerely yours,

HENRY L. STIMSON,

Secretary of 'War.

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AFFIDAVIT OF OSCAR GRIGGS
STATE OF TENNESSEE,

Lauderdale County, ss:
I, Oscar Griggs, make oath that I am the duly elected and acting sheriff of
Lauderdale County, Tenn. That my office is in the courthouse at Ripley, Tenn.
That on December 29, 1943, I was living in the town of Ripley, Tenn. That

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about 11:15 p. m., I went uptown to see how things were in town. Mr. M. C. Brooks, the night marshal, told me, "Sheriff, there are a bunch of drunk colored soldiers causing a disturbance in town tonight, I would like for you to go and close the places up." I drove down the hill by the ice plant and Mr. Brooks and Mr. Escue, the night watchman, blew their whistle for the soldiers to get out. The first thing that attracted me was that some of the colored soldiers were very drunk. I heard one of them say, "I will come out, but no

will make me get out." I sat in the car and it looked like they would come out. At this time about 12 or 15 colored soldiers filed across the square. Mr. Brooks told me that he called the military police before then. The soldiers were going across the town and I went back to the courthouse. I heard the soldiers yelling, “No

can get at us." I went in the office and called the military police at Halls. I told them, “You have some colored soldiers here who are very drunk and I understand you have been called once, but haven't sent anyone.' Someone in the provost marshal's office, who answered the phone, said, “What are they doing?I said, “There are a bunch of colored soldiers here who are very drunk and causing a disturbance." Then he asked, “What part of town are they in?" I answered, “They are right in this town.”

Mr. Brooks got his shotgun and I got mine, and before we got down to the place we could hear the colored soldiers raising the devil. I told these men that

was sheriff of the county and would like for them to have a good time, but we were closing up and wanted them to go back to their base. The men filed out of the places—Sturgeon Greer's place and Missy Rice--and I told them to go up to the bus station.

I was standing close to the soldiers and one of them walked up to me and said, “My wife lives here and I would like to spend the night with her.” I told him that it would be all right. The night watchman was standing by Sturgeon Greer's place and there were three soldiers across the wooden bridge where Mr. Brooks was.

At this time, it looked like everything was under control. Then, the colored soldiers jumped out of a door and grabbed Mr. Brooks, and were beating him. The soldier who came up with a gun was the one who later died. He came up with his gun and I backed away from him. There were about 40 Negro soldiers, and one of them made the remark, “You can get us out tonight, but we will come back tomorrow night and tear Ripley apart." I tried to outtalk the soldier who pointed his gun at me, but he said, “*

if you have any. thing to say, you better say it now because I am going to kill you." About that time he shot me in the stomach and chest. I then shot him with a pump gun and, these were the first two shots exchanged. He then backed up to my automobile, and the next shot he made, he shot through my automobile. I then got a death blow on him, and shot him again and he went down.

The other colored soldiers ran up and one of them got the soldier's gun and, I fired at him. I tried to pump some shells in the chan ber of my gun, but it snapped. Then another Negro soldier shot at me in the arm, and both hands. The soldiers had scattered at this time. I saw that Mr. Brooks had crawled. underneath a house.

The Negro soldiers took my car, placed the wounded soldiers in it, and went back to the air base.

If I had shot the colored soldier, who drew his gun on me, at first, I might have saved myself from injury.

Oscar Griggs,

Sheriff, Lauderdale County, Tenn. Subscribed and sworn to before me, this April 21, 1944. (SEAL)

HARRIET SUTTON, Notary Public. My commission expires April 6, 1948.

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GALEN E. WALTER

FEBRUARY 23, 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 S. 248]

The Committee on Claims, to whom was referred the bill (S. 243) for the relief of Galen E. Walter, having considered the same, report favorably thereon without amendment and recommend that the bill

The facts will be found fully set forth in Senate Report No. 6, Seventy-ninth Congress, which is appended hereto and made a part of this report.

Your committee concur in the recommendation of the Senate.

do pass.

(H. Rept. No. 6, 79th Cong., 1st sess.) The Committee on Claims, to whom was referred the bill (8. 2088) for tho relief of Galen E. Walter, having considered the same, report favorably thereon and recommend that the bill do pass.

The purpose of the proposed legislation is to waive the statute of time limitations so that the United States Employees' Compensation Commission would be authorized and directed to receive and consider the claim of Galen E. Walter who is alleged to have sustained injuries while employed as a forest guard at the Gallatin National Forest, on May 9, 1942.

Your committee recommend favorable consideration to the proposed legislation.

Appended hereto is the report of the Employees' Compensation Commission, together with other pertinent data.

UNITED STATES EMPLOYEES' COMPENSATION COMMISSION,

New York, N. Y., October 10, 1944. CRAIRMAN, COMMITTEE ON CLAIMS,

United States Senate, Washington, D. C. DEAR MR. CHAIRMAN: Reference is made to your request for the Commission's report upon the bill (S. 2088) for the relief of Galen E. Walter.

The bill provides: '“That sections 15 to 20, inclusive, of the Act entitled 'An Act to provide compensation for employees of the United States suffering injuries

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