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APRIL 25, 1944.-Committed to the Committee of the Whole House and ordered

to be printed

Mr. Rowan, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 1919)

The Committee on Claims, to whom was referred the bill (H. R. 1919) for the relief of Vannie Butler, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows:

Pago 1, line 6, strike out the figures "$5,000”, insert in lieu thereof the figures “$3,500”.

The purpose of the proposed legislation is to appropriate the sum of $3,500 to Vannie Butler, of Alicia, Ark., in full settlement of all claims against the United States for personal injuries sustained as the result of an accident caused by the negligent operation of a Work Projects Administration truck near Alicia, Ark., on or about February 28, 1940.

STATEMENT OF FACTS

It appears that on February 28, 1940, Vannie Butler and J. C. Baker were sitting on the side of a road when they were both injured as the result of an accident involving a Work Projects Administration truck and a privately owned automobile near Alicia, Ark.

J. C. Baker was appropriated the sum of $3,500 under Private Law 522, Seventy-seventh Congress, approved December 1, 1942, for personal injuries sustained by him as a result of the accident in question.

Dr. Shelby Justus of Swifton, Ark., gave Vannie Butler first aid at the scene of the accident. In a statement dated March 24, 1943, Dr. Justus stated that he treated Vannie Butler for a fractured hip and numerous body bruises and that he will not be able to perform hard manual labor.

Approximately 6 weeks after the accident, Vannie Butler went to Dr. Porter R. Rodgers, Searcy, Ark., for X-ray and treatment for his

leg. Dr. Rodgers stated that X-rays revealed Vannie Butler's left hip and thigh had been fractured and that he suffered other body injuries.

The Federal Works Agency recommends favorable consideration to the proposed legislation to pay Mr. Butler a sum commensurate with the injuries sustained by him. Therefore, it is the opinion of your committee that the sum of $3,500 should be paid to Mr. Butler for his injuries and expenses incident thereto. The committee recommends favorable consideration to the proposed bill, as amended.

Appended hereto is the report of the Federal Works Agency, together with other pertinent evidence.

FEDERAL WORKS AGENCY,

Washington, November 4, 1943. Hon. Dan R. McGEHEE, Chairman, Committee on Claims,

House of Representatives. DEAR MR. McGEHEE: Reference is made to your letter of October 2, 1943, enclosing copies of H. R. 1919, a bill for the relief of Vannie Butler, and requesting å report thereon.

The evidence in the files of this agency indicates that, on February 28, 1940, Vannie Butler and J. C. Baker were sitting on the side of a road when they were both injured as the result of an accident involving a Work Projects Administration truck and a privately owned automobile, near Alicia, Ark. Private Law 522, Seventy-seventh Congress, approved December 1, 1942, appropriated to J. C. Baker, the sum of $3,500, for personal injuries sustained by him as a result of the accident in question. The purpose of the proposed legislation is to appropriate to Vannie Butler, Alicia, Ark., the sum of $5,000 for personal injuries sustained by him in the same accident.

Dr. Shelby Justús of Swifton, Ark., gave Vannie Butler first aid at the scene of the accident. In a statement dated March 24, 1943, Dr. Shelby Justus states that he treated Vannie Butler for a fractured hip and numerous body bruises and that Vannie Butler will not be able to perform hard manual labor.

Approximately 6 weeks after the accident, Vannie Butler went to Dr. Porter R. Rodgers, Searcy, Ark., for X-ray and treatment for his leg. Although the accident occurred on February 28, 1940, the first statement of Dr. Rodgers as to the nature of the injuries sustained is dated March 23, 1943. Dr. Rodgers states that X-rays revealed Vannie Butler's left hip and thigh had been fractured and that he suffered other body injuries.

In a statement dated February 11, 1943, Dr. M. B. Owens, Newport, Ark., states that Vannie Butler is still suffering from the injuries received on February 28, 1940, but does not describe the injuries.

In an undated statement Dr. Adam S. Dodd, Swifton, Ark., states that Vannie Butler will be totally disabled for life as a result of the accident on February 28, 1940, but makes no mention of the nature of the injuries.

Although it appears to be the general opinion of the doctors who examined Vannie Butler that he will not be able to perform strenuous labor in the future by reason of the injuries, it is pointed out that the information contained in their statements in substantiation of their opinions is very meager.

The only hospital and medical bill this Agency has been able to obtain is a bill from Dr. Rodgers, in the sum of $50, for examination, X-ray, and treatments. However, Vannie Butler, in a letter dated March 27, 1943, addressed to the Honorable Wilbur D. Mills, House of Representatives, states that the hospital bill was $15 for X-ray and $5 for examination and certificates.

It appears that Vannie Butler is a bachelor, and that he owns land which he rents. This Agency has no information as to any other work or employment Vannie Butler might have had prior to the accident.

Mr. Baker was severely injured and, at the time this Agency submitted its report to your committee, it did not appear that he would be able to walk again As a result of the injuries he received on February 28, 1940. Mr. Baker sustained a compound fracture of the leg which had failed to heal, and it appeared that

unless he submitted to an open reduction, which he refused to do, he would never walk again.

In view of the foregoing, this Agency recommends enactment of the proposed legislation. However, since the injuries sustained by Vannie Butler appear to be of a less serious nature as compared with the injuries sustained by J. C. Baker who was injured in the same accident and to whom an appropriation of $3,500 was made, it is believed that your committee may desire to give consideration to these factors in determining whether the proposed appropriation of $5,000 is commensurate with the injuries sustained by him.

There are enclosed photostatic copies of pertinent papers from the files of this Agency.

The Bureau of the Budget advises me that there would be no objection to the submission of this report to the committee. Sincerely yours,

PHILIP B. FLEMING, Major General, United States Army, Administrator.

SEARCY, ARK., April 27, 1943. VANNIE BUTLER, Alicia, Ark.

In account with Porter R. Rodgers, M. D., 111 South Spring Street, to professional services rendered: Examination, X-ray, and treatments, $50.

ALICIA, ARK., March 27, 1943. Mr. WILBUR D. Mills,

Washington, D. C. DEAR MR. Mills: I don't believe I got the hospital bill in. If I didn't it was $15 for X-ray and $5 for examinations and certificate. Sincerely yours,

VANNIE BUTLER, Alicia, Ark.

PORTER R. RODGERS, M. D.

John W. SNEED, M. D

DOCTORS RODGERS AND SNEED

PHYSICIANS AND SURGEONS

SEARCY, ARK., June 12, 1941. Re: Mr. Vannie Butler, Water Valley, Ark. To Whom It May Concern:

This is to certify that the above named was injured in an automobile wreck, February 28, 1940. He is still suffering from injuries sustained at that time and is in need of hospitalization and the best of care. Any consideration you can give him is well deserved.

PORTER R. RODGERS, M. D.

SWIFTON, ARK., March 24, 1943. To Whom It May Concern:

This is to certify that I treated Vannie Butler for injuries sustained on the highway between Swifton and Alicia, Ark., on February 28, 1940, when he was run over by an automobile.

He sustained a fractured hip and numerous body bruises and I took him to
Searcy for X-ray examination.

He also has hernia on right side.
In my opinion he will not be able to do hard manual labor.

S. Justus, M. D.

SWIFTON, ARK., To Whom This Concerns:

I have examined Mr. Vannie Butler, who was struck by a car on February 28, 1940, and find him totally disabled and will be for the rest of his life, results from being struck by this car February 28, 1940.

I knew him before the accident. I know that he was physically all right before he was hurt by the car above-mentioned. Respectfully,

Dr. ADAM S. Doda.

PORTER RODGERS HOSPITAL,

Searcy, Ark., March 23, 1943. To Whom It May Concern:

This is to certify that I have examined Mr. Vannie Butler and found him suffering a fracture to left hip and thigh. This injury he sustained in an automobile accident, he stated, on February 28, 1940. In addition to this injury he suffered other body injuries.

Since that dote I have examined him at my office three times including today. After a thorough examination today I find that he is sufiering from this old injury and also inguinal hernia on right side. He is totally disabled at this time and cannot perform strenuous labor. His only duties could involve supervising or very light work. Yours very truly,

PORTER R. RODGERS, M. D.

NEWPORT, ARK., February 11, 1943. Re: Mr. Vannie Butler, Water Valley, Ark. To Whom It May Concern:

This is to certify that the above named was injured in an automobile wreck February 28, 1940. He is still suffering from injuries sustained at that time and is in need of hospitalization and the best of care. Any consideration you can give him is well deserved.

M. B. OWENS, M. D.

PORTER RODGERS HOSPITAL,

Searcy, Ark., April 27, 1943. To Whom It May Concern:

This is to certify that Vannie Butler, Alicia, Ark., came to me in March 1940 with an injury which he stated be received in an automobile accident. I examined him and made X-ray pictures at that time.

Diagnosis: Fracture of left leg and injury to left knee.
He has been to my office on several occasions since that time.
Yours very truly,

PORTER R. RODGERS, M. D. To Whom This May Concern:

I do hereby affirm that I was at the wreck when Vannie Butler was hit by a car and badly hurt through his body and a leg also, on February 28, 1940.

WILLIAM F. HÊNSLEY.

Egypt, Ark. (Mr. Hensley was at the time of the wreck the Work Projects Administration flagman.)

O

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APRIL 25, 1944.—Committed to the Committee of the Whole House and ordered

to be printed

Mr. FERNANDEZ, from the Committee on Claims, submitted the

following

REPORT

(To accompany H. R. 2605)

The Committee on Claims, to whom was referred the bill (H. R. 2605) for the relief of Charles W. Kirby, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to authorize the Comptroller General of the United States to credit the account of Charles W. Kirby and to relieve him of any liability to the United States by reason of being carried on the pay roll in two positions, that of postmaster at Browns, Ala., and as a clerk in the Department of Agriculture during the period November 24, 1930, to June 16, 1931; and that the Secretary of the Treasury be, and he is hereby, directed to refund to Charles W. Kirby any amount he shall have refunded to the United States prior to the passage of this act,

STATEMENT OF FACTS

It appears that Mr. Kirby served as a clerk in the Department of Agriculture at an annual salary of $1,800 during the period November 24, 1930, to June 16, 1931, and during the same period he was serving as postmaster. When the matter was called to his attention he elected to reimburse the United States by refunding the lesser salary which was that of postmaster.

Upon inquiry of the General Accounting Office it was learned that the postmaster claimed he did not receive the compensation himself, as postmaster from November 24, 1930, to June 16, 1931, and that his wife conducted the post office during that time and received the compensation. From this information it appears that when the post

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