the line of his duty his left eye was destroyed by the stroke of a small piece of steel cast off of the hammer of a fellow workman by reason of a side blow struck upon and iron band that they were engaged in placing upon a wooden body. There is some showing before the committee that Mr. Hooper was a skilled workman, sober, honest, reliable, and upright. The proof before the committee by experts shows that in all probability the loss of the other eye, which is seriously affected now by reason of being sympathetic, will gradually be destroyed, and the claimant become totally blind. He is at present almost wholly incapacitated for any labor whatsoever and particularly in the vocation in which he has heretofore engaged. Legislation for Mr. Hooper's relief has been passed four times by the House and three times by the Senate, but never at the same time. It has never gone through both the Senate and the House in the same session of Congress. In the report from the Navy Department they state: "It is the general policy of the Navy Department to withhold approval of legislation purporting to give individuals compensation to which they would not be entitled under the provisions of the United States Employees' Compensation Act." It is not understood by the committee as to what interpretation it should put on this paragraph in the Navy Department's report, for if the United States Employees' Compensation Act had been in effect at the time of this accident he would have been entitled to compensation under this law. This is evidently the only objection the Navy Department has to this proposed legislation. It is true that it is an old claim, but it has been passed by either the House or the Senate several times in the past. Therefore, your committee recommend the bill be amended to read “$5,000” instead of "$10,000" and recommend favorable consideration to the proposed legislation, Appended hereto is the report of the Navy Department, together with other pertinent evidence. NAVY DEPARTMENT, Hon. DAN R. McGEHEE, Chairman of the Committee on Claims, House of Representatives. MY DEAR MR. CHAIRMAN: The bill (H. R. 2075) for the relief of Charles R. Hooper was referred to the Navy Department by your committee with request for the opinion of the Navy Department as to its merits. The purpose of the proposed legislation is to pay to Charles R. Hooper, of Washington, D. C., the sum of $10,000, in full settlement of all claims against the United States for personal injuries sustained by Charles R. Hooper while employed in the United States navy yard at Washington, D. C., in the year 1894. It appears from the records of the Navy Department that Charles R. Hooper, the claimant named in the bill, was employed in the Ordnance Department at the Navy Yard, Washington, D. C., on May 15, 1890 as a blacksmith, class 3; was rated class 2 in April 1891, and class 1 on April 1, 1892. On August 1, 1894, the surgeon of the navy yard reported that on that date Mr. Hooper "received a wound of the left eye by the entrance of a large piece of steel, causing serious hemorrhage and other injury, which will eventuate in partial or complete loss of vision of the injured eye.' The eye was removed on August 10, 1894, and shortly thereafter Mr. Hooper returned to his duty and was given light work that would cause the least strain or danger to him. He continued on that work until the latter part of September 1894, when he left the navy yard to engage in the grocery business. His discharge from the navy yard was effected October 1, 1895, on the expiration of his leave, his conduct and work having been marked "satisfactory." It is the general policy of the Navy Department to withhold approval of legislation purporting to give individuals compensation to which they would not be entitled under the provisions of the United States Employees' Compensation Act. The cost of the proposed legislation is $10,000. In view of the foregoing the Navy Department recommends against the enactment of the bill (H. R. 2075). The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation. Sincerely yours, FRANK KNOX. WASHINGTON, D. C., March 20, 1943. Hon. DAN R. McGEHEE, Chairman. MEMBERS OF THE HOUSE COMMITTEE ON CLAIMS. DEAR CONGRESSMEN: Whereas your committee has deemed it a wise policy not to allow any bill for claims which accrued prior to January 1, 1930, without regard for merit or justice of any claim which may be presented, gentlemen, I respectfully beg of you not to close your eyes, nor your minds to justice, notwithstanding resolutions or rules. Would it not be better to make an effort to mete out justice to all? Let the facts in the case be the deciding factor. Bill H. R. 2075 was introduced in the House by Hon. Jerry Voorhis, to give me in some measure some compensation for injury and also loss of earning power, by reason of an accident which occurred many years ago, at which time I suffered the loss of one eye, thereby depriving me of the privilege to earn my own living. For several years friends have presented bills for my relief, but at no time has either bill passed both Houses. And yet the bills have passed the House and Senate, but failed to become a law because of the lack of timely action at any one session of Congress. Shall I ask the question of you gentlemen: If I cannot get justice by those who make the laws, then where shall I turn? I beseech you in the name of all fairness, and the same fairness that you would give to your brother, your father, and anyone else who might be in like circumstances, that I be given a chance to appear before your committee, notwithstanding your rule or regulation, then after presenting my side of the story allow your committee to pass judgment on the merit of my claim. Would you not follow the principle of the Golden Rule and "Do unto others as ye would that others do unto you"? I shall appreciate the opportunity to appear before your committee, or I shall be glad to submit all the facts in the case to the Honorable Jerry Voorhis; that he present the facts before your committee. Thanking you in advance for your kindly consideration, I am Most respectfully yours, CHARLES R. HOOPER, BRIEF OF FACTS IN THE CASE OF CHARLES R. HOOPER, FOR RELIEF UNDER HOUSE BILL 6215, Now PENDING BEFORE THE COMMITTEE ON CLAIMS OF SAID HOUSE OF REPRESENTATIVES IN THE FIFTY-SEVENTH CONGRESS, FIRST SESSION (For original Brief of Facts and exhibits therein referred to, see House file No. 17064, re Charles R. Hooper, 61st Cong., 2d sess., with House of Representatives file clerk.) TIME OF EMPLOYMENT Mr. Charles R. Hooper, the claimant, was employed by the United States in the Washington Navy Yard from May 1890 to March 1895 in the gun shop for the manufacture of large guns, as a first-class blacksmith. (See letter from Admiral Charles O'Neil, marked "Exhibit A." Also see letter of J. M. Lynch, foreman in National Gun Factory, and letter from George R. Cook, master molder.) INJURY, EXTENT, ETC. On August 1, 1894, he [Hooper] lost. his left eye, while working in the line of his duty, by reason of receiving a stroke therein by a small piece of steel, which so injured the eye that the late naval surgeon, Dr. Marmion, on the 10th day of August 1894, was compelled to remove the injured eye. The left eye being gone, leaves the right one to perform all the duties of sight. Wherefore he asks the attention of the honorable committee to the statements of the two experts, both eminent in their profession, who agree that the vision of the right eye is impaired by reason or sympathy of the injured eye and, further, that as a result of the injury Mr. Hooper suffers from nervous dyspepsia, as a result of the reflex irritation and cerebral congestion originating from the loss of the left eye. (See letter of Dr. Emmons, marked "Exhibit B.") On this same subject, the late naval surgeon, Dr. W. V. Marmion, said: “As is well known, a wound of this nature is not only fatal to the injured eye, but will readily destroy the good eye too, by sympathetic inflammation." (See Dr. Marmion's affidavit, Exhibit C.) We now respectfully call the attention of the committee to Mr. Hooper's statement, or affidavit, marked "Exhibit D," and ask that it be read. The same is made a part of this brief. EXHIBIT D SUFFERING AND EXPENSE To the COMMITTEE ON CLAIMS, House of Representatives, Washington, D. C. GENTLEMEN: I do declare and affirm that the following statements made in regard to loss of my left eye, and effect of said injury and loss upon the remaining eye, are true and in part are as follows: I was employed in the Washington Navy Yard from May 16, 1890, to March 26, 1895. My eye was injured on the date of August 1, 1894, while I was in the discharge of my duty at the forge, holding the position of, and drawing the pay of, a first-class mechanic. My record as a first-class mechanic is fully attested by the testimonials which I offer. The then injured eye was removed on August 10, 1894, by Dr. Marmion, of Washington, D. C. From the time of injury to my eye to the present time I have always been afflicted with more or less pain in the remaining eye (the right one), which pain has so affected the eye as to debar me from reading or working at any vocation requiring constant attention and sight, making an utter impossibility my ever being able to work at my trade and at the forge, from the fact that the heat and fire entirely blinds me and causes intense pain, unfitting me for this performance or discharge o. my auties at said forge. From the time of injury to eye until I left the navy yara I was compelled to have a man to do all of my heating, I being unable to look into the fire to watch the metal. Moreover, in the winter every cold to which I am subjected affects my remaining eye and causes pain and suffering, likewise the heat and sun of summer so affect and pain my eye as to make me unfit to do and perform any labor or to do any business without severe pain and inconvenience. Every local bodily trouble, such as colds, rheumatism, neuralgia, dyspepsia, indigestion, etc., leaves its impress by increased pain and impaired sight of the remaining right eye. The pain and suffering from the injury and loss of left eye and effect of said injury to right and remaining eye have so affected my nervous temperament that I am unable on account of this nervous conc.ition to work or attend to any business like other men who have not been likewise afflicted. I therefore state that the ailments above-mentioned, superinduced by the said injury to my eyes, together with the fact that the said injury debars me from working at my trade, thereby enabling me to earn fair and remunerative wages, completely handicap me in the race of life, to earn a living for myself, my wife and family, all of which would not be so but for the aforesaid injury. All of the within statements I respectfully submit to your honorable body, for your sanction and endorsement. Respectfully, WASHINGTON, D. C. C. R. HOOPER. Subscribed and sworn to before me this 11th day of February 1901. Notary Public. Dr. Emmons says in his letter above referred to that Mr. Hooper called on him professionally every month for 5 years, and the doctor treated him personally, and by reason of this injury cost Mr. Hooper more than $300; and that by reason of said injury Mr. Hooper is incapacitated for manual labor, or for any occupation requiring the constant use of his right eye, which has been and is diseased. Again your attention is called to late Surgeon Marmion's affidavit, exhibit C. He says, after he removed the left eye of Mr. Hooper: "His condition afterward rendered the following of his trade impossible; he has been put to much expense and great suffering through no fault of his own, his injury having been received while in the performance of his duty." HIS CHARACTER, BOTH AS MAN AND AS MECHANIC Admiral Charles O'Neil said, in his letter above referred to as exhibit A, speaking of Mr. Hooper as a first-class blacksmith: "He lost his left eye by an accident while engaged in the forge shop. His conduct and workmanship were both excellent, and he was obliged to leave the shop on account of the injury above referred to." See also official statement of Commander and Superintendent, Naval Gun Factory, Theodore F. Jewell, who says: "This man lost his eye while at work in the yard and is worthy of the privilege requested" (a 6 months' furlough, which was granted). (See letter marked "Exhibit E.") See letter of Lynch, foreman of gun factory: "Hooper was employed here for 5 years and his record is very satisfactory for both conduct and workmanship as a No. 1 blacksmith" (exhibit F). Also, George R. Cook fully concurs in the above. Mr. Cook was master molder (exhibit F). See also letter of Charles G. Robinson, No. 4, foreman of gun shop, in which he says: "I have known Mr. C. Hooper about 10 years, and have always known him to be a sober, honest, and excellent first-class workman.' " Also letter of William I. Hough, master mechanic of the breech mechanism, navy yard No. 3, same as above. Mr. Greenwall says: "Hooper is upright, industrious, and deserving." (This letter, No. 5.) See letter of Samuel B. Bates, master mechanic of Navy Yard, Washington, D. C.: "Hooper is sober, reliable, and trustworthy in every particular; a mechanic above the average in skill and one in every respect fully capable to fill the position of a skilled blacksmith or foreman in the same." (This letter, No. 6.) In this same letter, Mr. Arthur B. Suit, quarterman in navy yard, says: "I cheerfully endorse all that the above letter contains." George W. Dunn, quarterman of erecting shop, says: "Have known Hooper for years and have found him sober, honest, and reliable and a good conscientious worker and a mechanic above the average.' (This letter, No. 7.) RELIEF ASKED We think the relief asked in the accompanying bill No. a very moderate compensation for such loss, leaving the results this loss has left, to wit, the impairment of the other eye. And now we respectfully refer this honorable committee to the precedents of the case of Mrs. King and Lyman B. Cutler, where Congress gave these persons $3,000 each for less injuries than Mr. Hooper's, approved July 19, 1876. And James Roach, pension approved May 8, 1874, and increased September 10, 1874, increased February 22, 1875, increased again December 15, 1883 and again October 29, 1886, and again May 5, 1890, to $72 per month. To Whom It May Concern: This is to certify that I have known Mr. Charles R. Hooper for 11 years. I have worked in the forge shop in the navy yard at Washington, D. C., with Mr. Hooper; was in the shop at the time he met with the injury to his left eye on August 1, 1894. When he returned to work the last of September 1894, I was assigned by the foreman of the forge shop to do the heating of all metals, as it was impossible for Mr. Hooper to look at the fire, or even come near it, as it would entirely blind his only eye. I performed that duty until March 26, 1895, when it became necessary for Mr. Hooper to resign his position, as his right eye was gradually weakening; his physician advised him to do so. I have always found Mr. Hooper an honest, ambitious, and conscientious man, and an excellent, first-class mechanic, and could have filled any position in his line of business previous to the accident to his eyes. I have been employed for the last 35 years in the navy yard. Respectfully, JOHN T. THOMPSON. Subscribed and sworn to before me on this January 25 A. D. 1902. This is to certify that I am at present employed in the forge shop in the navy yard at Washington, D. C., and have been for 9 years. I have known Mr. Charles R. Hooper for the last 9 years. Mr. Hooper was a blacksmith in the forge shop in the navy yard at Washington, D. C. I was Mr. Hooper's helper for about 2 years from 1893 to 1894. On the 1st day of August 1894, about 1:30 p. m., Mr. Hooper was putting an iron band on a wooden body. I was striking for Mr. Hooper with a sledge hammer on the tool which he was holding on the band, when my sledge hammer fell sideways, H. Repts., 79-1, vol. 1-73 striking the tool, cutting a piece of steel out of it, which flew into Mr. Hooper's left eye. Mr. Hooper dropped everything, walked over to his anvil, and said his eye was gone. I saw the blood drop on the anvil. Mr. Hooper is a sober and industrious young man, capable of filling any position in his line of business previous to the loss of his eye. Respectfully, JOHN H. SWAIN. Subscribed and sworn to before me on this 27th day of February 1902. [SEAL] JOHN H. KING, Notary Public. [H. R. 2637, 57th Cong., 2d sess.] AN ACT For the relief of Charles R. Hooper Whereas in the year eighteen hundred and ninety-four Charles R. Hooper was employed by the United States Government in the capacity of first-class blacksmith in the forge shop in the navy yard in the city of Washington, District of Columbia; and Whereas while so engaged in said forge shop he was by an accident struck in the left eye with a piece of steel, which resulted in the entire loss of said eye. The United States naval surgeon, Doctor Wise, medical officer then in charge of said navy yard, rendered immediate service to said Charles R. Hooper, and said Doctor Wise did thereupon advise that the injured eye be removed, which was done on August tenth, eighteen hundred and ninety-one, by Doctor William Marmion; and Whereas by reason of the loss of said eye the said Charles R. Hooper is so completely incapacitated from continuing his labors in said forge that he is obliged to resort to such other menial labor as he can get and do at greatly reduced wages; Wherefore he asks the Congress of the United States, as he received this injury while working in the line of duty, to pass the following bill: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury of the United States be, and he is hereby, directed and required to pay to the said Charles R. Hooper, or to his heirs, the sum of five thousand dollars, out of any money in the Treasury not otherwise appropriated. SEC. 2. That this Act take effect from and after its approval by the President. Hon. DAN R. McGEHEE, A. MCDOWELL, Clerk, WASHINGTON, D. C., February 19, 1945. Chairman, Claims Committee of the House of Representatives, Washington, D. C. DEAR MR. MCGEHEE AND MEMBERS OF THE CLAIMS COMMITTEE: Again I respectfully submit to you and your committee a few thoughts regarding a bill that was introduced in the Seventy-eighth Congress by the Honorable Jerry Voorhis of California. I was very happy over the fact that your committee reported this bill to the House, which was known as H. R. 2075. You no doubt will recall that the records did show that this and other bills were introduced in several sessions of Congress and passed in one or the other Houses on more than one occasion, but did not pass both Houses at any one session until the last Congress. Now gentlemen of the committee, this is a phase of this subject that I do not like to touch upon, but I must refer to the President's veto and the reference that the President made in his message to my having accepted a minor position and did some work several years after I lost my eye in the navy yard. I regret very much that the President did not take into consideration the 12 years or more that I had no income to speak of worthy of any consideration before I accepted another position with much less income than I would have had, had I not suffered the loss of my eye, and the much suffering and the very great handicap that I have had throughout the years by reason of this injury. I am sure if the President has known all the facts in the case he would not have vetoed |