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the quartermaster at the Roswell Army Air Field, who arranged for their shipment by the Tucumcari Truck Lines, a private carrier. At the time the quartermaster bill of lading was issued the minimum valuation of 10 cents per pound was placed on the shipment by quartermaster personnel. When the truck carrying Mr. Latimer's household goods reached a point 18 miles north of Roswell, a fire of unknown origin was discovered in the cargo, and the truck, together with its contents except for a few articles, was completely destroyed. Mr. Latimer filed a claim with the insurance carrier of the Tucumcari Truck Lines and recovered the sum of $162,60, the full amount of the 10-cents-per-pound valuation.

On July 11, 1943, Mr. Latimer filed a claim with the War Department in the amount of $884.91 (property damage not covered by insurance). The base claims officer at the Roswell Army Air Field, who carefully investigated the claim, found that the claimant's estimate of the value of the property destroyed in the fire in the amount of $1,047.51 was fair and reasonable and recommended that the claim be approved in the amount of $884.91 ($1,047.51 less $162.60 recovered from the insurance company) should special relief legislation be introduced. Mr. Latimer's claim, however, was necessarily disapproved by the Department, for the reason that there was no statute or appropriation available to the Department under which a claim of this character could be administratively settled.

The facts in this case are analogous to those involved in Private Laws 96 and · 111, Seventy-seventh Congress, approved June 17, 1941, and June 24, 1941, respectively, and in Private Law 183, Seventy-eighth Congress, approved February 22, 1944. As the loss was incident to Mr. Latimer's change of station for the convenience of the Government and occurred without fault or negligence on his part, while the goods were in the constructive custody of the United States, it is the view of the War Department that the claimant should be compensated for the damage which he has sustained. The amount of the proposed award, $884.91, appears to be fair and reasonable, and the Department, therefore, has no objection to the enactment of the proposed legislation.

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. Sincerely yours,

HENRY L. Stimson,

Secretary of War.

EXHIBIT A

HOUSEHOLD GOODS

1 32-piece set of dishes, purchased August 1941.
1 electric toaster, purchased August 1941.
1 set silverware, service for 6, purchased August 1941.
2 butcher knives, purchased August 1941.
1 set of 6 tea glasses, purchased March 1942.
1 set of 6 water glasses and rack, purchased August 1941.
10 plain glasses, purchased November 1941.-
1 aluminum tea kettle, purchased November 1941.
Kitchen tools, purchased August 1941.
1 paring knife, purchased August 1941.
1 double boiler, purchased August 1941.
4 saucepans, purchased August 1941..
2 piepans, purchased August 1941.
1 dishpan, purchased August 1941.
1 large saucepan, purchased May 1942.
1 dish drainer, purchased June 1942.
1 cooky sheet, purchased August 1941.
1 teapot, purchased September 1941.
1 sugar and creamer set, purchased February 1942.
1 sugar and creamer set, purchased September 1941.
1 salad bowl, purchased October 1941.-
1 salad bowl and dessert dishes to match, purchased February 1942-.-
2 skillets, purchased August 1941...
1 lunch kit, complete with thermos, purchased September 1942.
1 silver box, purchased September 1942.
1 range set, purchased August 1941.--
2 sets salt and pepper shaker, purchased August 1941.

$8. 98

5. 00 30. 00 3. 50 1. 98 1. 35 1. 00 1. 29 2. 70 . 50 .69 1. 25

. 20 1. 00 . 60 . 98 . 25 1. 00 . 79 . 29 . 29 1. 15 2. 50 1. 69 . 49 . 49 . 35

! ! !

8 milk bottles...
3-piece Pyrex bake set, purchased August 1942.
1 Pyrex pie plate, purchased July 1942.
2 small Pyrex dishes, purchased September 1941
2 measuring cups, purchased August 1941.
6 Pyrex custard cups, purchased October 1941.
1 electric iron, purchased September 1941..
1 broom, purchased May 1942.
1 broom, purchased July 1942.
1 cookbook, purchased August 1941.
1 cookbook, purchased August 1942.
4 cookbooks, purchased December 1942.
2 cookbooks, purchased January 1942.
50 pints fruit and vegetables, canned May to September 1942..
3 quarts fruit, canned June 1942....
12 quarts tomatoes, canned August to September 1942-
15 pounds sugar, purchased September and August 1942.
Flour, purchased September 1942.
Oatmeal, purchased September 1942.
Spices and groceries, purchased September 1942.
Kitchen table, purchased August 1941..
Kitchen stove, purchased September 1942-
1 dinette table and 4 chairs, purchased May 1942.
1 electric fan, purchased July 1942.
1 alarm clock, purchased August 1941.
1 mirror 28 by 28 inches, purchased May 1942.
1 dresser base, purchased May 1942
1 bedstead, purchased May 1942.
1 chest of drawers, purchased May 1942..
1 mattress, purchased May 1942.
1 spring, purchased May 1942.
1 three-quarter bed, purchased May 1942-
1 three-quarter spring, purchased May 1942.
1 three-quarter mattress, purchased May 1942.
1 radio, purchased September 1941..
1 smoking stand, purchased November 1941.
Living-room suite, purchased May 1942-
Rocking chair, purchased December 1941.
Lone Wolf picture, purchased December 1941.
Picture set, purchased December 1941.
Madonna picture, purchased December 1941.-
3 small silhouette pictures, purchased October 1941.
1 portrait, purchased March 1942_
1 portrait, purchased November 1939.
1 hand painting, purchased December 1941.
1 small hand painting, purchased December 1941.
3 window shades, purchased May 1942.--.
3 pair curtains, purchased May 1942.---
12 dozen clothespins, purchased September 1942-
Clothespin bag, purchased November 1941.
1 chenille bedspread, purchased August 1941.
1 rayon bedspread, purchased May 1942..
4 scarfs, purchased July 1942 -
5 hand-made tablecloths, purchased June 1942.
1 laundry bag, purchased August 1941.
5 quilts, $12 each, purchased August 1941.
1 pair pillows, goose down, purchased August 1941.
6 sheets, purchased August 1941.
3 pair pillowcases, purchased August 1941.
1 pair pillowcases, purchased December 1941.
2 pair pillowcases, purchased August 1942.
1 chenille bath mat and lid cover, purchased September 1941.
6 bath towels, purchased August 1941.
6 bath towels, purchased December 1941.
6 face towels, purchased August 1941.
6 face towels, purchased December 1941.
12 face towels, purchased May 1942.-

$O. 40 1. 00 . 20 . 50 . 20 . 30 8. 98 .89 . 79 1. 98

. 10 1. 00

.89 10. 00

1. 20 4. 80 1. 00 . 59 .. 20 & 00 6. 00 20. 00 17. 00 4. 29 3. 75 4. 00 6. 00 9. 00 9. 00 11. 00

7. 00 10. 00

5. 00 10. 00 25. 00

2. 00 40. 00 6. 98 2. 00 1. 79 1. 50 1. 50 3. 00 200 5. 00 2. 50 1. 50 4. 50 1. 00 .. 29 7. 00 3. 50 2. 75 6. 75 1. 95 60.00 6.00 &00 4. 50 1. 69 3. 00 4. 00 2. 50 8. 50

90 1. 10 2 89

2 dozen cup towels, purchased August 1941
2 dozen cup towels, purchase May 1942.
Scissors, purchased May 1942.
30 empty fruit jars, purchased July 1942.
1 quilt, purchased May 1942..
1 dozen washcloths, purchased August 1941.
1 dozen washcloths, purchased May 1942.
4 dozen washcloths, purchased August 1942.
1 extension cord, purchased May 1942..

$2.50 3. 69 1. 29 2. 25 7. 00 1. 20 1. 50 .89 .69

CLOTHES, ETC. 2 pair khaki pants, purchased April 1942 2 pair shark pants, purchased July 1942. 1 blue dress suit, purchased July 1941. 1 green dress suit, purchased January 1941. 1 blue sport coat, purchased April 1941. 2 pair dress pants, purchased May 1941. 2 sport shirts, purchased May 1941. 8 white shirts, purchased March 1942_ 7 colored shirts, purchased March to September 1941. 1 bathrobe, purchased December 1941. 1 Palm Beach suit, purchased May 1940. 4 suits underwear, purchased March 1942. 3 pair socks, purchased August 1942. 1 pair sport sandals, purchased May 1941. 1 pair house shoes, December 1941.. 16 ties. 1 pair cowboy boots, purchased November 1941 1 tan wool sweater, purchased December 1941.. 1 blue sweater, purchased November 1941. 2 sleeveless sweaters, purchased January 1942. 1 wool scarf, purchased December 1941. 1 green wool coat, purchased November 1941. 1 pair black suede shoes, purchased December 1941. 1 pair brown suede shoes, purchased October 1941. 1 pair black patent sandals, purchased August 1941. 1 pair brown and white oxfords, purchased June 1942. 1 pair brown play shoes, purchased August 1942. 1 pair sport pumps, purchased July 1942 2 foundation garments, purchased June 1942.1 house coat, purchased May 1942.1 corduroy suit, purchased October 1941. 1 pink crepe blouse, purchased May 1941. 1 blue crepe blouse, purchased May 1941. 1 blue and white print dress, purchased June 19421 red and white print dress, purchased July 1942. 1 pair wool gloves, purchased December 1941. 2 wool scarfs, purchased December 1941.. 3 silk scarfs, purchased March 1941.. 2 print dress lengths, purchased August 1942. Material for 1 blouse, purchased August 1942. 1 pink satin formal, purchased May 1941.1 rose crepe formal, purchased July 1941. 1 blue crepe dress, purchased May 1941. 1 navy crepe dress, purchased September 1941. 1 black crepe dress, purchased August 1941.1 brown crepe dress, purchased December 1941. 1 black and white dotted crepe, purchased July 1942. 1 gray and maroon suit, purchased December 1941. 1 topper coat, purchased April 1940.. 2 white blouses, purchased October 1941. 1 red blouse, purchased October 1941.1 navy blouse, purchased October 1941. 1 rust blouse, purchased October 1941. 1 light blue blouse, purchased October 1941. 1 gold crepe blouse, purchased January 1942.1 red and white dotted bemberg blouse, purchased April 1942..

6. 00 4. 00 50. 00 29. 00 20.00 15. 00

4. 00 16. 00 15. 00

6. 98 22. 50 2. 80 1. 00 4. 95 3. 00 16.00 22. 50 3. 50 2. 98 4. 00 1. 00 9. 00 4. 50 3. 98 3. 98 3. 49 2. 49 4. 49 3. 50 4. 00 9. 90 1, 49 1. 49 1. 69 1. 98 1. 49 2. 49 2. 25 2. 00

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1. 00 10. 00 9. 98 8. 90 5. 00 5. 90 6. 00

5. 90 10. 00 12. 00 1. 00

· 79

79 79

79 2. 00 2. 98

1 navy skirt, purchased April 1942.
1 tweed suit, purchased April 1942
1 plaid jacket, purchased November 1941
1 gray dress, purchased January 1940.
1 hat, purchased July 1942.
1 hat, purchased July 1941.
1 hat, purchased December 1941..
14 pair anklets, purchased February to September 1942.
1 sweater, purchased October 1941.-
2 sweaters, purchased November 1941.
3 bras, purchased August 1942.
9 pair pants, purchased May to September 1942.
1 belt, purchased July 1942
1 blue wool silk dress, purchased March 1942.
1 blue chiffon dress, purchased May 1942..
1 rose printed silk, purchased June 1942.
1 brown printed silk, purchased July 1941.
1 sewing box and contents, purchased April 1942.
1 sterling silver bracelet, purchased June 1941.
3 dozen baby diapers, purchased August 1942.
1 class pin, purchased April 1940..
1 wool purse, purchased February 1942.
1 pink purse, purchased April 1942.
1 gown, purchased August 1942
1 set poster paints, purchased May 1942.
1 No. 3 washtub, purchased August-
Souvenirs collected at various times.-
6 picture albums, worth of albums without pictures.
1 100-foot trouble light, rubber-covered cord.
Costume jewelry, purchased 1941 and 1942
1 complete layette, purchased August 1942.
6 baby blankets, purchased August 1942.

Total...

$4.00 16.00 4. 00 5. 00 3. 00 2. 50 3. 00 1. 75 2. 00 4. 00 2. 00 3. 00 1. 00 3. 00 6. 00 3. 00 4. 00 3. 00 7. 00 6. 00 6. 00 1. 98 1. 69 1. 49 1. 00 1. 39 25. 00 12. 50 10. 00

5. 00 16.00 7. 00

1, 047. 51

O

FRED A. LOWER

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

ordered to be printed

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

REPORT

(To accompany H. R. 904)

The Committee on Claims, to whom was referred the bill (H. R. 904) for the relief of Fred A. Lower, 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, after the enacting clause, strike out the remainder of the bill. Insert in lieu thereofThat 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 Fred A. Lower, of Wichita Falls, Texas, the sum of $10,000, in full settlement of all claims against the United States on account of property damage and personal injuries resulting from the flow of sewage waters from Sheppard Field, Texas, into a certain creek, which runs through the land of the said Fred A. Lower: 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 title so as to read “For the relief of Fred A. Lower.”

The purpose of the proposed legislation is to pay the sum of $10,000 to Fred A. Lower, of Wichita Falls, Tex., in full settlement of all claims against the United States for property damage and personal injuries as a result of the flow of sewage waters from Sheppard Field, Tex., into a certain creek, which runs through the land of the said Fred A. Lower.

STATEMENT OF FACTS

Fred A. Lower, of Wichita Falls, Tex., for a period of years has been the owner of 7.87 acres of land located on the west side of United States Highway No. 277, 1 mile north of the city limits of Wichita Falls, and approximately 1,100 feet south of Sheppard Field, Tex.

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