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As the attorney in power and the representative of Mr. Walton, I hereby ask your office to please furnish me, if possible, any desire of settlement in behalf of the above-named individual.

Hoping to hear from you at your earliest convenience and thanking you for a speedy settlement and cooperation on the case, I remain,

Respectfully,

ROY WHITE,

Business Representative, Local 933.

To Whom It May Concern:

HERMISTON, OREG., December 18, 1942.

We, Paul N. Odegard & Associates, hereby certify that Sydney B. Walton, of Irrigon, Oreg., was employed by us from July 1, 1942, to November 22, 1942. During this period Mr. Walton was employed as a carpenter, and for the 21 weeks that he was with us his earnings amounted to $1,456.35. His average earnings for this period is $69.35 per week.

Very truly yours,

To Whom It May Concern:

PAUL N. ODEGARD & ASSOCIATES, By GLENN W. CRISS, Paymaster.

ST. ANTHONY'S HOSPITAL,
Pendleton, Oreg., May 17, 1944.

This is to certify that Sidney B. Walton, Box 71, Route 2, Irrigon, Oreg., was a patient at St. Anthony's Hospital from November 23, 1942, to February 24, 1943. Total amount of bill, $422.

Very truly yours,

ST. ANTHONY'S HOSPITAL,
Sister M. MELCHIOR, Superintendent.

Sister MARY ALVERNIA,
Notary Public for Oregon.

Subscribed and sworn to before me this 17th day of May 1944. [SEAL]

My commission expires June 23, 1946.

ST. ANTHONY'S HOSPITAL,
Pendleton, Oreg., May 13, 1944.

Sidney B. Walton, to St. Anthony's Hospital. Nov. 23, 1942 to Feb. 24, 1943:

Hospital services, 93 days, at $4..

Use of operating room (2) casts ($5 each).
X-ray leg (4) $7.50 each ($30); knee (1) $5.
Laboratory C. B. C. and urinalysis and Kahn test_-_

Total..

$372

10

35

5

422

G. L. McBEE, M. D., Pendelton, Oreg., May 12, 1944.

Mr. Sydney B. Walton, for professional services: Nov. 23, 1942, treatment and care of fracture, $112.50.

This is to certify this bill is just and correct and there have been no payments made on it.

G. L. McBEE, M. D.

Subscribed and sworn to before me this 15th day of May 1944. [SEAL]

B. S. JERARD,

Notary Public in and for the State of Oregon.

My commission expires July 9, 1946.

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, ss:

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 a 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]

My commission expires February 25, 1946.

L. C. SMITH, Notary Public for Oregon.

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 difference 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]

My commission expires November 1, 1946.

JOHN F. KILKENNY,

Notary Public for Oregon.

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79TH CONGRESS 1st Session

}

HOUSE OF REPRESENTATIVES

{No. 204

REPORT

JAY TAYLOR CATTLE CO., AMARILLO, TEX:

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

Mr. CомBS, 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.

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.

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