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PENDLETON,

OREG. To Whom It May Concern:

Sydney B. Walton was run over by a car.

Examination showed him to have a compound fracture of the left leg just below the knee. He was brought into St. Anthony's Hospital in a Thomas splint and since the position of the fracture was good, sulfathiazole powder was applied to the wound and the leg enclosed in a plaster of paris cast. Very truly yours,

G. L. McBEE, M. D.

STATEMENT OF JERRY E. TUTTLE

Sidney B. Walton v. United States of America
STATE OF OREGON,

Umatilla County, 88:
I, Jerry E. Tuttle, being first duly sworn, on oath depose and say:

That on the 23d day of November 1942, I was employed as a guard at the Umatilla ordnance depot in Umatilla County, Oreg. That I am still serving in such employment.

That on said day, about noon, it was raining at the time, and I was on duty at a small building which is commonly known as the traffic center. The said small building known as the traffic center is located in the center of South Street where South Street intersects Cedar Street in the said ordance depot grounds. That South Street runs in an easterly and westerly direction, and Cedar Street runs in & northerly and southerly direction. This building known as the traffic center is built in the shape of an octagon, and there is a curb constructed around the building

On said date at said time a Government panel automobile was stopped at the south side of the said traffic center building. I was on the southeast side of said building, and I noticed a man approaching across the intersection of South and Cedar Streets. He was walking in a westerly direction and was walking toward the traffic center. The Government vehicle was stopped for the purpose of picking up workers to distribute in the area, and when this pedestrian, who, I later learned, was Sidney B. Walton, reached a point a short distance east of the curb around the traffic center, the driver of the Government automobile started to drive the automobile around the traffic center and go to the north of said center and drive west on South Street. After the Government vehicle started moving, I anticipated that there might be an accident, and I yelled something like: “Hold it," but at that instant and when Walton had reached a point about 8 feet from the curb, the left fender of the Government automobile struck Walton, knocked him down, and the left front wheel ran onto Mr. Walton's foot and leg. Mr. Walton was in plain view, except that it was raining at the time. The intersection of said streets at that time was and still is used by pedestrians, and no traffic lanes had been marked for pedestrians.

Shortly after the accident I gave a full and complete statement to the investigating officer, and it is possible that a copy of this statement may now be on file with Major Simola, the administrative officer at the Umatilla ordnance depot.

JERRY E. TUTTLE. Subscribed and sworn to before me this 12th day of August 1944. (SEAL)

L, C. SMITH,

Notary Public for Oregon. My commission expires February 25, 1946.

SUPPLEMENTAL AFFIDAVIT
STATE OF OREGON,

Umatilla County, 88:
I, Sidney B. Walton, being first duly sworn, on oath depose and say:

That I have recently talked to one Jerry E. Tuttle, who was a witness to the accident which occurred on the 23d day of November 1942, at the Umatilla ordnance depot. That at the time I signed my original claim and affidavit I was under the belief that the building known as the traffic center was located on the northwest corner of the intersection of South and Cedar Streets. That in

discussing this matter with Mr. Tuttle I learned that the traffic center was located in the center of South Street right adjacent to the said intersection. I had thought that South Street was that portion of the street running east and west and lying south of the traffic center. It now develops that there is a portion of South Street which was north of the traffic center and of course, runs in the same, direction. This street had been fenced off, and that is probably why I was under the belief that the traffic center was located on the northwest corner of the intersection.

Mr. Tuttle seems to be of the impression that the accident occurred directly east of the traffic center. I am still of the impression that the accident occurred somewhat north of the traffic center, but in any event I was walking at the time in the usual and accustomed place for pedestrians to cross Cedar Street. As explained in my original affidavit, the barracks where I was visiting was located to the east of the traffic center, and I now understand that some portion of the barracks may have been located on that portion of South Street which might extend east of Cedar Street. I thought that when I was walking westerly I was walking on a portion of Cedar Street, but since talking to Mr. Tuttle I have learned that I was probably walking westerly across the intersection of South and Cedar Streets. In any event, the driver of the Government vehicle drove up on my foot and against my leg while I was in plain view.

In connection with the statements contained in my previous affidavit, I would say that I received a very severe injury and suffered a great deal of pain immediately after the accident, and it is entirely possible that I might be mistaken as to the exact point where the accident occurred. I was in the hospital for such a length of time and thereafter crippled for such a length of time that I did not have a chance to visit the scene of the accident and reconstruct how the accident occurred. Of course, it would not be possible for me to gain entrance to the ordnance grounds at this time without a special pass. This may explain the difierence between my statement of where the accident occurred and Mr. Tuttle's statement.

SIDNEY B. WALTON. Subscribed and sworn to before me this 31st day of July 1944. (SEAL)

John F. KILKENNY,

Notary Public for Oregon. My commission expires November 1, 1946.

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JAY TAYLOR CATTLE CO., AMARILLO, TEX:

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. 1094)

The Committee on Claims, to whom was referred the bill (H. R. 1094) for the relief of the Jay Taylor Cattle Co., Amarillo, Tex., having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

At the end of the bill strike out the period and insert: : 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.

The purpose of the proposed legislation is to appropriate the sum of $2,814.50 to the Jay Taylor Cattle Co., of Amarillo, Tex., in full settlement of all claims against the United States for the value of 33 grade Hereford steer yearlings which died during March 1943 as the result or arsenic poisoning suffered from grazing on land upon which arsenic was used in connection with the mesquite eradication project conducted by the Soil Conservation Service of the Department of Agriculture, and medical expenses incurred in the attempt to save the lives of such steer yearlings.

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STATEMENT OF FACTS

The records indicate experimental work in the control and eradication of mesquite brush had been conducted in several critical areas of the Southwest. One of these experiments was being carried on at Mr. Jay Taylor's ranch in Oldham County, Tex. The study on that ranch was very helpful in the eradication program of the Department of Agriculture.

It appears that various kinds of chemicals were being used in this experiment, some of which were poison. In connection with previous experimental work on mesquite eradication on the same ranch, an arsenic treatment had been used without any apparent adverse effects on the cattle. For this reason, neither the Soil Conservation Service nor Mr. Taylor had reason to believe that the use of arsenic in this particular instance would result in the poisoning of any cattle. Nevertheless, the employees of the Government and the Cattle Co. were kept fully advised, even to the extent of using maps as to the areas which were, from time to time, being treated with poison. Grazing practices were along the same general lines that previously had produced no ill effects. As soon as the first death occurred, however, an examination of the carcass was made and traces of arsenic, in sufficient quantity to be fatal, were found. Although the remaining cattle were promptly removed from the area, a total of 33 eventually died.

The Department of Agriculture has not been able to ascertain definitely why the cattle were poisoned in this particular instance but were not poisoned in previous cases. One theory is that lack of rain, which would have washed the poison off the grass, was responsible. Another possibility is that the cattle were somewhat younger than the cattle which grazed on land where previous experimental work was performed, and, for the reason that the yearlings were smaller than the grown stock, grazed closer around the treated trees, thus consuming poisoned leaves, branches, etc., which were not reached by the older cattle.

It is the opinion of your committee that because of the uncertainty as to why these cattle were poisoned, neither Mr. Taylor nor the Department of Agriculture was really negligent. Inasmuch as the damage was the direct result of governmental research, it would be unfair to Mr. Taylor for him to assume the loss merely because he was cooperative enough to permit the Government to conduct these experiments on his ranch. The committee feels that Mr. Taylor should be reimbursed in the amount of $2,814.50, for the value of cattle which died, plus veterinary fees and expenses.

Therefore, your committee recommend favorable consideration to the proposed legislation. Appended hereto is the report of the War Food Administration, together with other pertinent information.

War FooD ADMINISTRATION,

Washington, January 10, 1945. Hon. Dan R. McGEHEE, Chairman, Committee on Claims,

House of Representatives. DEAR MR. McGEHEE: This is in reply to your request of September 15, 1944, for a report on H. R. 5362, to pay the Jay Taylor Cattle Co., of Amarillo, Tex., for the death of 33 cattle in connection with mesquite-eradication research.

Experimental work in the control and eradication of mesquite brush has been conducted in several critical areas in the Southwest. One of these experiments was being carried on at Mr. Jay Taylor's ranch in Oldham County, Tex. The study on that ranch has been very helpful in our eradication experiments.

Various kinds of chemicals were being used in this experiment, some of which were poison. In connection with previous experimental work on mesquite eradi. cation on the same ranch, an arsenic treatment had been used without any apparent adverse effects on the cattle. For this reason neither the Soil Conservation.

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