highly desirable that my wife handle sale of State fishing licenses for fishermen of this lake. On April 16, 1946, the State consigned $500 worth of licenses to my wife, of which about $300 had been sold when the fire occurred. It was customary for the North Carolina State warden or other conservation department official to pick up the funds on routine trips, but up to that time none had called for them. I made no claim for reimbursement for this loss as the State of North Carolina assumed full responsibility for it. I carried no bank account and kept my savings from my salary at home. When Messrs. Needham and Light made their investigation on the morning after the fire, I estimated that I had lost approximately $400 in cash of my own in addition to the $300 of the State of North Carolina. While I am sure the amount was between $300 and $400, I only claimed $300 in my statement, which I am certain was the very minimum loss. I trust this will clarify the questions raised in the Director's report JAMES B. DEHART. Subscribed and sworn to before me, at Gatlinburg, Tenn., this 20th day of April 1948 A. D. JOHN O. MORRELL, Notary Public. My commission expires January 10, 1952. AFFIDAVIT CONCERNING THE LOSS OF PERSONAL EFFECTS AND EQUIPMENT Lost BY FIRE ON MAY 26, 1946, AT THE TWENTYMILE WARDEN STATION IN THE GREAT SMOKY MOUNTAINS NATIONAL PARK, TENN. I, James B. DeHart, park warden in the Great Smoky Mountains National Park, do solemnly swear that the personal property itemized in the attached list was destroyed by fire which consumed the Twenty mile warden station in the Great Smoky Mountains National Park on May 26, 1946, at about 10:30 p. m.; and that the same is, to the best of my knowledge, a true and correct list of the items destroyed by fire, and that the appraisal value shown thereon, totaling $2,002.95 represents a fair appraisal value of the items destroyed. STATE OF TENNESSEE, Sevier County, ss: JAMES B. DEHART. On this 17th day of July in the year 1946 A. D., before me personally appeared James B. DeHart, to me known to be the same person described in, and who executed the foregoing affidavit; and who, upon oath, acknowledged to me that to the best of his knowledge the statements therein are true and correct. Subscribed and sworn to before me, at Gatlinburg, Tenn., this 17th day of July 1946 A. D. My commission expires January 10, 1948. JOHN O. MORRELL, Notary Public. 81ST CONGRESS HOUSE OF REPRESENTATIVES 1st Session NELSON. BELL { REPORT No. 823 JUNE 15, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. KEATING, from the Committee on the Judiciary, submitted the following REPORT To accompany H. R. 35011 The Committee on the Judiciary, to whom was referred the bill (H. R. 3501) for the relief of Nelson Bell, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to pay the sum of $2,547.61 to Nelson Bell, of Atlantic City, N. J., in full settlement of all claims against the United States for personal injuries and cost of court sustained as a result of an accident involving a United States Post Office Department truck, on October 29. 1942. STATEMENT OF FACTS It appears that on October 29, 1942, Mr. Bell was struck by a United States mail truck and as a result suffered serious injuries. He was a motorman of a railway repair car which was parked on eastbound tracks of the Atlantic City & Shore Railroad Co. on Atlantic Avenue near Virginia Avenue. The spot was lighted by a pair of street lights. The interior lights of the work car were on; the car also carried four red lights. two on each end. and the street lights were also on Immediately prior to the accident, Mr. Bell walked from the front to the rear end of the work car in the area between the east- and westbound trolley tracks He had reached for the handle of the rear of the work car in order to board it when he was struck by a mail truck driven by an employee in a westerly direction on Atlantic Avenue. At the time he was struck. Mr. Bell was between the east- and westbound tracks and off the portion of Atlantic Avenue which is normally used for motor vehicles. The mail truck struck Mr. Bell on the left leg and threw him into the street. In order to strike Mr. Bell, the mail truck must have of necessity traversed the area between the eastand west-bound trolley tracks. Under these circumstances, the negligence of the driver of the mail truck is virtually conclusive. Mr. Bell was out of work for the greater part of a year, subject to extensive hospitalization, and submitted to operations. At the present time, he is suffering from a permanent disability. He walks with a limp and the injury to his left leg has affected the use of his right leg. Mr. Bell instituted suit against the post-office driver in the sum of $35,000 in the Common Pleas Court for Atlantic County. The formal request in writing for the assignment of counsel to represent Albert Worthington, driver of the mail truck which struck Nelson Bell, was presented to the United States attorney and upon direction of the United States attorney, such action was taken. Judgment was rendered against Albert Worthington, the operator of the mail truck. on March 23, 1948. Therefore, your committee is of the opinion that, in view of the fact that judgment was rendered in the United States district court against the driver of the Post Office truck, and also that he being represented by the United States attorney's office, the negligence was evidently on the part of such Government driver and that Mr. Bell should be compensated in the amount of judgment rendered against Albert Worthington, the operator of the United States mail truck, and that before payment is made the judgment be canceled. Your committee recommends favorable consideration to this bill. Hon. DAN R. MCGEHEE, Chairman, Committee on Claims, POST OFFICE DEPARTMENT, Ilouse of Representatives. MY DEAR MR. MCGEHEE: The receipt is acknowledged of your letter of April 20, requesting a report on H. R. 1843 for the relief of Nelson Bell, of Atlantic City, N. J., in the sum of $10,000, arising out of an accident involving a United States mail truck which occurred in that city on October 29, 1942. The investigation of this case disclosed that the claimant, a motorman in the employ of the Atlantic City & Shore Railroad Co., was struck by a United States mail truck at approximately 4:55 a. m. on October 29, 1942, and suffered serious injuries. Mr. Bell was the motorman of a railway repair car which was parked on east-bound tracks. Three fellow employees were on top of that car repairing electric lines. The claimant was standing between the west-bound car tracks and a point opposite the repair car. All street lights had been extinguished by reason of the prevailing dim-out regulations issued by the commander of the First Army District. All moving traffic was required to use dimmed headlights. No warning light, barricade, danger sign, or other device was used by the claimant or his fellow employees to warn traffic, and particularly was there no precaution taken to insure the safety of the claimant from west-bound traffic. The postal chauffeur failed to see the claimant until too late to avoid an accident, and under the prevailing conditions could hardly have been expected to see him. On the other hand, the claimant, who was not actively employed at his duties, could either have assumed a safer position to watch his fellow employees at work, or at any rate might have guarded himself from danger as he could easily have have observed the approach of the dimly lighted mail truck had he looked at all. Mr. Bell did not file claim against the Post Office Department but instituted suit against Driver Mechanic Albert Worthington in the sum of $35,000 in the Common Pleas Court for Atlantic County. Since the evidence indicated that the postal chauffeur was without fault, the Department requested the Attorney General to assign counsel, and such action was taken. The last report on file in the Department as to the status of this litigation is that the United States |