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(PRIVATE-No. 97–75TH CONGRESS)
(CHAPTER 216–1st Session)

(H. R. 705)

AN AOT For the relief of William E. Graham.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury allocated by the President for the maintenance and operation of the Civilian Conservation Corps, and in full settlement of all claims against the Government, the sum of $3,500 to William E. Graham, son of John and Leva Graham, for the loss of his right eye and impaired hearing of his right ear, the result of having been struck in the right side of the face with a ball bat on May 27, 1934, in the hands of an enrollee of Camp Adams, Civilian Conservation Corps camp located in Adams County, Ohio: 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, and 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.

Approved, May 15, 1937.

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On March 3,

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(H. Doo. No. 454, 78th Cong., 2d sess.) MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, RETURNING WITHOUT

His APPROVAL A Bill (H, R. 2075), FOR THE RELIEF OF CHARLES R. HOOPER To the House of Representatives:

I return herewith, without my approval, H. R. 2075, a bill for the relief of Charles R. Hooper.

The bill proposes payment of the sum of $5,000 to Charles R. Hooper, of Washington, D. C., in settlement of his claim against the United States by reason of a personal injury sustained, the loss of his left eye, while employed at the United States Navy Yard in Washington.

It appears that the claimant was employed by the Federal Government in the Navy Yard in Washington, D. C., from May 15, 1890, to October 1, 1895, 25 A blacksmith, and that, on August 1, 1894, while working in line of duty, his left eye was destroyed by a small piece of steel which was cast off of the hammer of a fellow workman.

After leaving the navy yard service in 1895, the claimant established and operated for approximately 10 years a private grocery business, 1909, he entered the employ of the Government Printing Office where

he remained until his retirement on account of age July 1, 1932. The claimant is now ing an annuity of $1,146.72 under the Civil Service Retirement Act. Approximately 1 year before the clainant was retired for age, an application for his continuance in service for 1 additional year, and a certificate was in that connection, stating that the claimant was physically able to perform his duties” in the position he occupied at the Government Printing Office.

Had the Employees? Compensation Act, which was approved September 7 1916, been in effect at the time this injury occurred, it is assumed that the claimant would have been entitled to a measure of relief thereunder. The Employees' Compensation Act did not, however, have retroactive application and there are a great many other cases of employees who were injured or killed in the perform which cases the benefits of said act have not been available.

Approval of the bill under consideration would extend preferential treatment to the claimant not accorded in the many other cases of a similar or more amount to which he would be entitled, if any, in accordance with the standards character and would provide payment to the claimant without an appraisal of the of the Employees' Compensation Act. I, therefore, regret that I find it necessary to return the bill without my approval.

FRANKLIN D. ROOSEVELT. THE WHITE HOUSE, February 28, 1944.

was made presented

serious H. R. 2075

SEVENTY-EIGHTH CONGRESS OF THE UNITED STATES OF AMERICA; AT THE SECOND

SESSION, BEGUN AND HELD AT THE CITY OF WASHINGTON ON MONDAY, THE TENTH DAY OF JANUARY, ONE THOUSAND NINE HUNDRED AND FORTY-FOUR

AN ACT For the relief of Charles R. Hooper Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Charles R. Hooper, of Washington, District of Columbia, the sum of $5,000, in full settlement of all claims against the United States for personal injuries sustained by Charles R. Hooper while employed in the United States Navy Yard at Washington, District of Columbia, in the year 1894: 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.

Sam RAYBURN, Speaker of the House of Representatives.

H. A. WALLACE, Vice President of the United States and President of the Senate. (Endorsement on back of bill:) I certify that this Act originated in the House of Representatives.

South TRIMBLE, Clerk. O

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SOUTHERN BITUMEN CO.

FDBRUARY 22, 1945.-Committed to the Committee of the Whole House and

ordered to be printed

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

following

REPORT

[To accompany H. R. 286]

The Committee on Claims, to whom was referred the bill (H. R. 266) for the relief of Southern Bitumen Co., 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 Federal Works Agency to relieve the Southern Bitumen Co. of all claims of the Federal Works Agency, amounting to $13,500, covering liquidated damages for delays due to unusual labor shortages, low priorities, failure to obtain rights-of-way, and exceptional weather conditions, in connection with the completion of work under a contract entered into between the Federal Works Agency and the Southern Bitumen Co. for the construction of an outfall sewer at Anniston, Ala., project numbered Alabama 1-160 (F).

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STATEMENT OF FACTS

It appears that the construction of an outfall sewer was considered necessary- and definitely essential to the war effort in Anniston, Ala. The population in this area was greatly increased by reason of war activities. The resulting overloading of the sewage system created a definite health menace. Raw sewage was being forced up through the manholes and into the city streets, and the untreated sewage was being discharged into the nearby creek, which flows through an area in which were located many plants working on defense orders.

In June 1942, the Federal Works Agency published in newspapers of general circulation and mailed to a large number of contractors, invitations to bid on the contract to construct this sewer. There was only one bid submitted at this time and it was rejected due to being excessive, the bid being $297,000.

In view of the desperate need for this sewer, efforts were made to induce various contractors to bid on the project, but such efforts proved to be unsuccessful. Finally, in order to be of assistance in the matter, the Southern Bitumen Co., upon the basis of negotiations with the Federal Works Agency representatives, agreed to perform the work for the sum of $267,387.59. After this company proceeded to carry out its contract, many things unforeseen happened. There were breaks in the existing sewer line; existing sewer was located at some place within the same right-of-way as the line to be constructed and the excavations for the new line caused breakages in the existing line, cave-ins and wet excavation, thus creating much more difficult working conditions to repair and more extensive work. In many instances it was necessary to repair or rebuild portions of the old line before work could proceed on the contract.

The amount to be relieved of in this bill is for liquidated damages for delays in the completion of this contract. Your committee is of the opinion that this company is justly entitled to this relief. The Government did not suffer from this delay and under the difficult conditions this work was finally completed, your committee recommend favorable consideration to this bill. Appended hereto is report of the Federal Works Agency, together with other pertinent evidence.

FEDERAL WORKS AGENCY,

Washington, October 27, 1944. Hon. Dan R. McGEHEE, Chairman, Committee on Claims,

House of Representatives, Washington, D. C. MY DEAR MR. McGEHEE: Receipt is acknowledged of your letter of September 15, enclosing a copy of H. R. 5356 entitled "A bill for the relie of the Southern Bitumen Co., of Ensley, Ala.," and requesting a report thereon.

This proposed legislation authorizes and directs the Administrator of the Federal Works Agency to relieve the Southern Bitumen Co. of Ensley, Ala., of all claims of the Federal Works Agency, amounting to $13,500, covering liquidated damages for delays due to unusual labor shortages, low priorities, failure to obtain rights-ofway, and exceptional inclement weather conditions, in connection with the completion of work under a contract entered into between the Federal Works Agency and the Southern Bitumen Co. for the construction of an outfall sewer at Anniston, Ala., project numbered Alabama 1-160 (F).

The construction of this outfall sewer was considered a necessary Defense Public Works project and definitely essential to the war effort. The population in the Anniston area was greatly increased by reason of war activities. The resulting overloading of the sewage system created a definite health menace. Raw sewage was being forced up through the manholes and into the city streets and the untreated sewage was being discharged into the nearby Choccolocco Creek, which flows through an area in which were located many plants working on defense orders.

In June 1942, the Federal Works Agency published, in newspapers of general circulation and mailed to a large number of contracting firms, invitations to bid on the contract to construct this sewer. Sullivan, Long & Haggerty, of Bessemer, Ala., submitted the only bid, in the sum of $297,000, but since this amount was substantially more than the estimate of cost as prepared by the Government's engineers, the bid was rejected.

In view of the desperate need for this sewer, efforts were made to induce various contractors to bid on the project but such efforts proved unsuccessful. Finally, in order to be of assistance in the matter, the Southern Bitumen Co., upon the basis of negotiations with Federal Works Agency representatives, agreed to perform the work for the sum of $267,387.59.

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