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 claimant has no remedy under the Federal Tort Claims Act (60 Stat. 843; 28 U. S. C. 931), as revised and codified by the act of June 25, 1948 (62 Stat. 933; 28 U. S. C. 1346 (b)), and as amended by Public Law 55, Eighty-first Congress, approved April 25, 1949, for the reason that the accident out of which this claim arises occurred prior to January 1, 1945.

The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours,

GORDON GRAY, Under Secretary of the Army.

ESTATE OF W. M. WEST

JUNE 28, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. BYRNE of New York, from the Committee on the Judiciary, submitted the following

REPORT

(To accompany H. R. 2239]

The Committee on the Judiciary, to which was referred the bill (H. R. 2239) for the relief of the estate of W. M. West, deceased, having considered the same, reports favorably thereon with amendments and recommends that the bill do pass.

The amendments are as follows:

Page 1, line 5, strike out "$10,000" and insert "$4,185.90".
Page 1, line 6, after the name "Tennessee" strike out

The payment of such sum shall be in full settlement of all claims against the United States arising out of the death of the said W. M. West on October 19, 1938, when he was struck by a Civilian Conservation Corps truck about one mile from Lake City, Tennessee,

and insert in lieu thereof:

in full settlement of all claims against the United States arising out of the death of the said W. M. West on October 20, 1938, from personal injuries sustained by him on October 19, 1938, when he was struck by a Civilian Conservation Corps truck about one mile from Lake City, Tennessee.

The purpose of the proposed legislation is to pay the sum of $4,185.90 to the estate of W. M. West, deceased, of Lake City, Tenn., in full in full settlement of all claims against the United States for the death of the said W. M. West on October 20, 1938, from personal injuries sustained by him on October 19, 1938, when he was struck by a Civilian Conservation Corps truck, about 1 mile from Lake City, Tenn.

STATEMENT OF FACTS

It appears that on October 19, 1938, at about 4 p. m., a Civilian Conservation Corps truck, operated by an enrollee of that corps, presumably on official business, was proceeding south on United States Highway No. 25-W, about a mile north of Lake City. Anderson

County, Tenn. Ahead of the truck Mr. William M. West, of Lake City, was walking along the right-hand side of the road, off the hard surface thereof. It appears that as the Government truck approached and overtook Mr. West its right-hand wheels also were off the road to the right, as shown by tire marks. The truck struck Mr. West, causing injuries from which he died at about 1:20 p. m. on the following day.

The Secretary of the Army, in his report dated June 18, 1949, states: The evidence as to whether the CCC truck involved in this accident was being driven on the right- or left-hand side of the road is conflicting. L. N. Patterson, Deputy Sheriff of Anderson County, Tenn., says in his statement, hereinbefore quoted, that "to the best of his knowledge" it was on the right-hand side and off the hard surface and that Mr. West was walking on the right-hand side of the road off the hard surface. Brack Frederick in his statement, also quoted herein, says that the "truck was on left-hand side of highway headed south" and that "If driver was (had been) on right-hand side of highway he could have avoided this accident." J. T. Miller merely states that the accident appeared to be the fault of the CCC driver. There is no evidence available to the Department of the Army tending to indicate that there was any fault or negligence on the part of Mr. West which contributed to the accident. It may, therefore, properly be concluded that the accident and resulting death of Mr. West were caused solely by the negligence of the driver of the Government truck in failing to maintain a proper lookout for pedestrians on the road ahead of him and in failing to operate his vehicle in such a manner as to be able to avoid striking them. Under the circumstances in this case the Department of the Army believes that the estate of Mr. West should be compensated in a reasonable amount for the damages sustained on account of his death. The proposed award of $10,000 stated in H. R. 2239 appears to be excessive, but the Department would have no objection to the enactment of the bill if it should be amended to provide for an award to the estate of W. M. West in an amount not exceeding $4,185.90 ($4,000 for the death of Mr. West; $20.90 for medical and hospital expenses; and $165 for burial expenses), which, taking into consideration the age of Mr. West at the time of his death, the fact that he then had little or no earning capacity, and the further fact that he had no dependents, would, it is believed, constitute a fair and reasonable settlement for all of the damages sustained as a result of his death.

Therefore, your committee concurs in the recommendation of the Secretary of the Army and recommends favorable consideration of the bill, as amended.

Hon. EMANUEL CELLER,

Chairman, Committee on the Judiciary,

DEPARTMENT OF THE ARMY,
Washington, D. C., June 18, 1949.

House of Representatives.

DEAR MR. CELLER: The Department of the Army would have no objection to the enactment of H. R. 2239, Eighty-first Congress, a bill for the relief of the estate of W. M. West, if it should be amended as hereinafter recommended.

This bill would authorize and direct the Secretary of the Treasury "to pay, out of any money in the Treasury not otherwise appropriated, the sum of $10,000, to the estate of W. M. West, deceased, of Lake City, Tenn. * * * in full settlement of all claims against the United States arising out of the death of the said W. M. West on October 19, 1938, when he was struck by a Civilian Conservation Corps truck about 1 mile from Lake City, Tenn."

On October 19, 1938, at about 4 p. m., a Civilian Conservation Corps truck, operated by an enrollee of that Corps, presumably on official business, was proceeding south on United States Highway No. 25-W, about a mile north of Lake City, Anderson County, Tenn. Ahead of the truck Mr. William M. West, of Lake City, was walking along the right-hand side of the road, off the hard surface thereof. It appears that as the Government truck approached and overtook Mr. West its right-hand wheels also were off the road to the right, as shown by tire marks. The truck struck Mr. West, causing injuries from which he died at about 1:20 p. m. on the following day.

3

On March 25, 1949, L. N. Patterson, Deputy Sheriff of Anderson County, Tenn., made the following sworn statement concerning this accident: "That, in October 1938, he was police officer in Lake City, Tenn. That, about 3-4 p. m. on October 19, 1938, he was called to the scene of an accident about 1 mile north of Lake City. had been taken to the hospital. He does not recall the name of any eye witnesses. Mr. W. M. West had been struck by a CCC truck and "To the best of his knowledge the truck was proceeding south and was on the right side of the road. Mr. West had been walking south on the right side of road off the hard surface. The tire marks indicated that the truck was off the hard surface when it struck Mr. West. He recalls that several Army officers arrived

at the scene shortly after the accident and later made an investigation; however, he does not remember any names. That he had known W. M. West for at least

25 years; that Mr West was elderly and to his knowledge was not employed." On July 15, 1948, J. T. Miller, of Lake City, Tenn., made the following sworn

statement:

"This is to certify that I, J. T. Miller, of Lake City, Tenn., saw the accident of the CCC truck which struck Mr. W. M. West about a mile north of Lake City and happened on October 19, 1938, and this accident appeared to be in fault of the driver of the CCC truck enrollee."

On July 15, 1948, Brack (Breckenridge] Frederick, of Pleasantview, Ky., a son-in-law of Mr West, who was with Mr. West at the time of the accident, made the following sworn statement:

"This is to certify, that I, Brack Frederick, of Pleasantview, Ky., saw Mr. W. M. West struck by a CCC truck on highway 25-W, about 1 mile north from Lake City, on October 19, 1938. on left-hand side of highway headed south. Truck was driven by a CCC enrollee, truck was highway he could have avoided this accident, and no warning was given whatever." If driver was on right hand side of On March 24, 1949, Dr. George M. Kelley, of Knoxville, Tenn., made the following sworn statement:

"That he is a medical doctor licensed in the State of Tennessee, now residing and practicing in Knoxville, Tenn.

"That, on or about October 19, 1938, Mr. W. M. West was admitted to Kelley Hospital in Lake City, Tenn., and was treated for some type injury, the exact nature of which he does not now recall; that the patient died on October 20, 1938, about 1:20 p. m. according to his records now available.

"That, the sum of $20.90, covering hospital bill and treatment remains unpaid. He recalls Mr. West as an elderly man rather feeble and unable to work."

On March 25, 1949, Mrs. Ruby Martin, of Lake City, Tenn., made the following sworn statement:

"That she is the wife of Paul Martin, proprietor of Martin's Funeral Home, Lake City, Tenn., and that she is familiar with records of the business.

"That the records show that W. M. West died in Kelley Hospital, Lake City, then Coal Creek, Tenn., on October 20, 1938; age 68 years, 10 months, 29 days. That he was buried October 21, 1938, in Bray Cemetery at Moore Camp, Tenn. That the charge for burial services in the amount of $145 is unpaid; that the original was $165, of which amount $20 was paid by Anderson County.'

Mr. West's wife, Mrs. Sara Mabry West, predeceased him in 1937. He left surviving nine children, the youngest of whom, at the time of Mr. West's death, was 24 years of age. him for support. It appears that none of such children was dependent upon At the time of his death, Mr. West was unemployed and had no income other than State old-age assistance benefits, amounting to $12.50 a month. The evidence as to whether the CCC truck involved in this accident was being driven on the right- or left-hand side of the road is conflicting. deputy sheriff of Anderson County, Tenn., in his statement, hereinbefore quoted, L. N. Patterson, says that "to the best of his knowledge" it was on the right-hand side and off the hard surface and that Mr. West was walking on the right-hand side of the road off the hard surface. Brack Frederick in his statement, also quoted herein, says that the "truck was on left-hand side of highway headed south" and that "If driver was [had been] on right-hand side of highway he could have avoided this accident." J. T. Miller merely states that the accident appeared to be the fault of the CCC driver. There is no evidence available to the Department of the Army tending to indicate that there was any fault or negligence on the part of Mr. West which contributed to the accident. It may, therefore, properly be concluded that the accident and resulting death of Mr. West were caused solely by the negligence of the driver of the Government truck in failing to maintain a proper lookout for pedestrians on the road ahead of him and in failing to operate his vehicle in such a manner as to be able to avoid striking them. Under the circumstances in this