intention of putting out the fire. James Edward Cushman, not seeing the broken wire, tripped over it, fell, and was electrocuted. On October 16, 1943, the day of the accident, the pilot of the plane made the following statement: "On October 16, 1943, I, Staff Sergeant * * * was briefed for the day's flying which was to be local transition. Lieutenant Williams ordered us to practice air work which consists of lazy eights, chandelles, steep turns, stalls, and coordination exercises. These maneuvers were to be repeated on the 25-hour check for which we were preparing. It was to be similar to the check ride we received in primary flight training. "At 1430 (2:30 p. m.) I took off and flew southeast of the field practiced chandelles, lazy eights, steep turns, and then to take a rest I pulled a simulated forced landing from about 1,500 feet and turned parallel to the highway east of the town of Aiken flying west. Between 200 and 300 feet I noticed another plane flying to the left and rear and catching up with my plane. Still going lower between 50 and 100 feet my plane No. 42-15035, hit a telephone wire, damaging the right wing and propeller. "I did not see anyone near the scene of the accident, and did not see what happened except that the wire snapped. Immediately I climbed up to 1,200 feet and headed back to the airfield. I reported the accident at about 1545 (3:45 p. m.).” On October 29, 1943, Johnnie Redd, who was playing with the Cushman boy at the time of the accident, made the following affidavit: "My name is Johnnie Rivers Redd. I reside in Windsor, S. C. I am 11 years old, in the fifth grade. I have known Edward James Cushman about 4 years. "On October 16, 1943, Edward and I were in my house, when we heard airplane motors and heard something pop. We ran out of the house and up the road about 50 feet south of my house. The planes had passed by then. We saw smoke over in the field in front of my house, owned by Mr. K. C. Byars. We climbed through the fence and ran to the location of the smoke. When we got there we saw a wire in the tall grass that covered the field. There was no fire but smoke rose from where the wire touched the grass. Edward said 'Let's go tell somebody.' He started south, toward town. I hollored to warn him about a piece of the wire he hadn't seen. He tried to jump it. One foot got over the wire, but the other caught under it where the grass held it about 6 or 8 inches from the ground. He was knocked to the ground, face down, and then turned his face to one side. He didn't move again. I called to my mother, who told me to go get help. I ran to the nearest store and got some men, who used a plank and got Edward loose from the wire. "The accident happened about 3 p. m. The weather was clear." On October 16, 1943, Byron Keenan, of Windsor, S. C., made the following statement: "I was standing in a gas station at Windsor, S. C., and heard planes overhead but did not see them. A short while later a boy came running and said come and get this boy off a live wire, it is burning his clothes off. I then hurried down to the pasture with my brother. There was a long wooden pole by the gate and my brother picked that up. Inside the pasture against a cotton warehouse I saw another wooden pole and I picked that up. Then we proceeded across the field and my brother stepped on a wire and backed off. Then with the wooden pole we had we raised the left leg of the boy and pushed wire from around boy's leg. The clothes and flesh were burning and we threw sand on to extinguish the flames." Gilbert Barnes, Windsor, on October 16, 1943, made the following statement: "I was in my house at Windsor, S. C., and heard planes approaching. I went on the back porch to watch and saw two planes heading toward Aiken, S. C. The first plane was slightly higher than the second plane. The second plane appeared as if it was 25 or 30 feet off the ground. The rear plane struck some electric wires and made a snapping sound. The rear plane at that time was circling to the left, it then straightened out and followed the first plane. At the time the plane struck the wire there were no children playing in the field." On October 22, 1943, a coroner's inquest was held at Windsor, S. C., into the death of Edward Cushman, and the verdict of the coroner's jury was as follows: "Edward Cushman came to his death accidentally by electrocution when he came in contact with a live wire broken accidentally by a plane piloted by * * *"" A claim was filed with the War Department on November 16, 1943, by Ada Mae Cushman and her husband John Cushman, in the amount of $177.60 for the expenses incurred by them incident to the death and burial of their son, which are itemized as follows: Funeral expenses, George Funeral Home, Aiken, S. C. 3 days lost from work by deceased's father at $5,80 per day. 3 days lost from work by deceased's mother at $3.40 per day. Total $150.00 17.40 10. 20 177.60 The claim is supported in part by a receipted bill of the George Funeral Home, Aiken, S. C., covering the following items: The evidence of record in the War Department fails to explain the descrepancy in the amount of $17.50 between the sum of $150 claimed for funeral expenses and the amount of the bill of the George Funeral Home, $132.50. In view of the introduction of H. R. 4197, no action has been taken by the War Department on this claim. The claims officer found that the pilot of the airplane in question had violated Army regulations with respect to low flying. James Edward Cushman was 9 years 10 months and 27 days of age at the time of his death, and left surviving his father, John Cushman, age 43 years, his mother, Ada Mae Cushman, age 36 years, and a brother, Newton Cushman, age 17 years. It is the view of the War Department that the proximate cause of the accident and resulting death of James Edward Cushman was the negligence of the Army pilot, in violation of applicable Army regulations, in descending to so low an altitude as to bring his plane in contact with a high-tension transmission line. The Department, therefore, believes that the parents of James Edward Cushman should be reasonably compensated for his death, the expenses incurred in connection with his burial, and the wages lost by them as a result of his death. Under the circumstances, the amount of the proposed award, $10,000, is excessive, but the Department would not oppose the enactment of the bill if it should be so amended as to provide for an award to Mr. and Mrs. Cushman in the amount of $3,132.50 ($3,000 for the death of James Edward Cushman and $132.50 for burial expenses). It is accordingly recommended that the bill be amended to read as follows: "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 be, and he hereby is, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to John Cushman and Mrs. Ada Mae Cushman, of Windsor, Aiken County, South Carolina, the sum of $3,132.50, in full settlement of all claims against the United States arising out of the death of their minor son, James Edward Cushman, due to to his electrocution by a live wire, which was cut by an Army airplane when the plane flew too low near Windsor, South Carolina, on October 16, 1943." The fiscal effect of the bill is manifest. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, HENRY L. STIMSON, WINDSOR, S. C., To Whom It May Concern: February 15, 1944. We, Mrs. Maggie Redd, Miss Alene Redd, and Johnny Redd, residents of Windsor, S. C., and living adjoining K. C. Byar's pasture which is about 150 yards from where Edward Cushman was electrocuted by live wire of Rural Electrification Association. On October 16, 1943, James Edward Cushman spent the day with my children and ate lunch with them. At about 2:30 to 3 p. m. James Edward Cushman, Johnnie Redd, Alene Redd, Pickens Redd, and I were at my house. As the planes passed over the Rural Electrification Association wires, we heard a noise like a pistol shot. Fifteen to thirty minutes later, the children were playing in the yard and I heard them say that the grass in K. C. Byars' pasture was burning. Then I heard James Edward Cushman remark that it might be best to put the fire out since it might burn Mr. Byars' barn. James Edward Cushman ran ahead and ran into the wire on the ground. When he fell to the ground Alene Redd called for Johnny Redd to stop; I also called to Johnny to come back. Seeing that it was a live wire, I told Johnny to surround the wire and go for help. He then went to the Esso Service Station and gave the alarm. Alene also went and called Mr. Hastings Mundy, and from there told others in the town, asking that someone have the current cut off and call the doctor. I stayed in the pasture where James Edward Cushman lay dead until the others came. I went up close enough to see that the wire was on him burning his flesh and clothing. I stayed there until Mr. Hastings Mundy and two Mr. Keenan's got the wire off him with a stick and then threw dirt on him to put the fire out. I stayed near until Dr. Cone came and until they moved him from the scene of the accident to Mr. Larkey Scott's house. After the wire was broken, the current stayed on until about 4:30 p. m. or longer. (Mrs.) MAGGIE REDD. ALLENE REDD. JOHNNIE REDD. Sworn to and subscribed to before me this 15th day of February 1944. [SEAL] REY J. WORLEY, Notary Public for South Carolina. To Whom It May Concern: WINDSOR, S. C., February 15, 1944. I, Albert Johnson, age 52, residing at Windsor, S. C., and operating the Esso filling station near K. C. Byars pasture. On October 16, 1943 I was busy inside the station and did not pay any attention to the planes. The first I knew of James Edward Cushman's accident was when little Johnnie Redd came running to the station and said "Do something quick. James Edward Cushman about 10 years old was burning up with a live wire in K. C. Byars pasture." I then went to where James Edward Cushman was, I found he was dead already laying on the ground with a high-powered live wire on him still burning his flesh and clothing. Mr. Hasting Mundy, Bryan Keenan, and Morgan Keenan had sticks trying to remove the wire from James Edward Cushman when they got the wire off of him we threw dirt on him to put the fire out. These wires belong to the Rural Electrification Association. Sworn to and subscribed to before me. [SEAL] To Whom It May Concern: ALBERT M. JOHNSON. REY J. WORLEY, Notary Public for South Carolina. WINDSOR, S. C. I, James Simpkins, age 51, residing in Windsor, S. C., on October 16, 1943, I was in my barn which is about 200 yards from where Edward Cushman was killed by a live wire. I heard two United States Army planes flying very low, one was lower than the other one, one of these planes went abut 10 feet above the Rural Electrification Association wires; the other ran into the top wire and broke it. When the wire broke it made a noise about as loud as a pistol shot. I was looking at these planes when this happened. First I knew of the death of James Edward Cushman was when I saw some people carrying him from the pasture which was about 30 to 40 minutes after these planes had passed on toward Aiken, S. C. JAMES (his mark) SIMPKINS. Sworn and subscribed to before me this 15th day of February 1944. [SEAL] REX J. WORLEY, Notary Public for South Carolina. To Whom It May Concern: WINDSOR, S. C., February 12, 1944. I, Hasting C. Mundy, 68 years of age, residing in Windsor, S. C., on October 16, 1943, about 2:30 p. m. I noticed a United States Government Army plane flying in field at Windsor, S. C. When I first noticed the plane if was about 35 or 40 feet from ground, then as the plane neared K. C. Byar's pasture and Rural Electrification Association wires then one plane kept getting lower. I heard the report of the wire break when plane hit the wire and saw the plane when it hit the wires. The plane then rose higher and left town going to air base near Aiken. I had just finished unloading a load of wood in my yard which is about 400 yards from K. C. Byar's lot. I went to K. C. Byar's lot to put up the mule, I then heard someone calling me to "run here quick,” Edward Cushman had run into a high-powered live wire and could not get up. When I was called I was about 100 yards from James Edward Cushman. I immediately went to him and found he was already dead. When I got to him I found the live wire still on him, his clothes on fire, and grass around him also on fire. I secured a long stick taking the wire off of him and then partly covered him with sand to put the fire out. HASTING C. (his X mark) MUNDY. Sworn to and subscribed to before me this 15th day of February 1944. [SEAL] ROY J. WORLEY, Notary Public for South Carolina. RELIEF OF THE LEGAL GUARDIAN OF WILLIAM L. OWEN A MINOR MAY 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. MILLER of Missouri, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 4226] The Committee on Claims, to whom was referred the bill (H. R. 4226) for the relief of H. F. Owen, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, line 5, after the words "sum of" strike out the remainder of the bill down to the proviso on line 11, and insert in lieu thereof the following: $6,800 to the legal guardian of William L. Owen, a minor, in full settlement of all claims against the United States for property damage, personal injuries, medical and hospital expenses sustained as the result of his being hit by a United States Army vehicle on May 1, 1943, near Nashville, Tennessee. Amend the title of the bill so as to read: A bill for the relief of the legal guardian of William L. Owen, a minor. The purpose of the proposed legislation is to appropriate the sum of $6,800 to the legal guardian of William L. Owen, a minor, in full settlement of all claims against the United States for property damage, personal injuries, medical and hospital expenses sustained as the result of his being hit by a United States Army vehicle on May 1, 1943, near Nashville, Tenn. STATEMENT OF FACTS It appears that on May 1, 1943, at about 6:30 p. m., an unidentified Army reconnaissance car, operated by an enlisted man, upon an unknown mission, was proceeding south on the Nolensville Pike near Nashville, Tenn., at an undetermined but rapid rate of speed. At |