defense; and that, prior to the use of his plane in the demonstrations in question, he understood that the United States was under no obligation to him in any respect by reason of such use of his plane. Under the circumstances the United States is not legally responsible for the accident which resulted in damage to his plane. Whether some compensation should be paid, notwithstanding absence of any fault on the part of the Government, is a matter calling for the exercise of congressional discretion. 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, THE UNITED STATES COURT OF CLAIMS, Washington, D. C. Subject: Claim for damages to an airplane being used in antiaircraft demonstrations, in connection with a recruiting campaign being conducted by the United States Army Recruiting Service. Claimant: Charles Fred Smith, 530 Williams Boulevard, Springfield, Ill. Facts: On July 23, 1940, Capt. Carl G. Goering, recruiting publicity officer of the Peoria, Ill., district, of the United States Army Recruiting Service, approached the claimant, Charles Fred Smith, Springfield, Ill., and asked him to contribute, his services and the use of his privately owned airplane to fly over Springfield, Ill. on the nights of August 5 and 6, 1940, between the hours of 9 and 10 p. m., for the purpose of demonstrating a mobile unit consisting principally of an 8,000,000candle power antiaircraft searchlight, which was being demonstrated for recruiting purposes. The claimant informed Captain Goering that he would cooperate with the Army Recruiting Service, and flew his airplane for an hour each night on the dates mentioned above, and the United States Army Recruiting Service gained much publicity in demonstrating the effectiveness of the antiaircraft searchlight on an airplane being flown at night. The claimant received a letter from Maj. Aiden H. Seabury, recruiting officer, Peoria, Ill., dated August 13, 1940 (exhibit A), complimenting the claimant for the flying exhibition given on the nights of August 5 and 6, 1940. The letter also stated that a similar demonstration was being planned for the Illinois State Fair Grounds, located at Springfield, Ill., and asked that the claimant again make his services available on the nights of August 21, 22, and 23, 1940, for the same purpose. The claimant again contacted Captain Goering, offering his services and the use of his airplane for such a worthy cause. The flight was made on the night of August 21, 1940, as scheduled, but near the end of the demonstration, when the motor was throttled in a spin maneuver, the claimant had complete motor failure due to an icing condition in the carburetor, which made a forced landing necessary. A landing was made in the infield at the Illinois State Fair Grounds, but due to the darkness the airplane suffered considerable damage. The landing gear was demolished, one wing badly damaged, and there was much damage to the framework of the fuselage. The claimant was not personally injured in the accident. On August 27, 1940, the claimant addressed a letter to Maj. Alden H. Seabury, recruiting officer, Peoria, Ill. (exhibit B), to ascertain whether or not the United States Army would bear any of the expense necessary to repair the airplane. A reply was received from Maj. Alden H. Seabury, dated August 28, 1940 (exhibit C), in which it was stated that the existing regulations did not contemplate that individuals be reimbursed for damages sustained to either persons or equipment. The airplane damaged in the accident was a Cub coupe, bearing license No. NC-24536, and was owned by the claimant, Charles Fred Smith. This airplane was completely repaired on October 4, 1940, by the Springfield Aviation Co., Springfield, Ill. Exhibit D is a receipted statement from the B. F. Goodrich Co., Springfield, Ill., for one airplane tire destroyed in the accident, in the amount of $21.58. Exhibit E is a receipted itemized statement from the Springfield Aviation Co., Springfield, Ill., for the repairs made to the airplane due to the accident, in the amount of $485.99. The total damage due to the accident as shown by exhibits D and E amounts to $507.57. The airplane damaged was built in the latter part of 1939 and had less than 150 hours at the time of the accident. The claimant was an enlisted man in the United States Navy during World War No. 1, and later held a commission as second lieutenant in the United States Army Reserve Corps. Exhibit F is a photostatic copy of the honorable discharge from the United States Navy, January 27, 1919. Exhibit G is a photostatic copy of the commission issued to the claimant in the Officer's Reserve Corps of the Army of the United States dated June 13, 1924. The claimant is a past commander of Springfield Post No. 32, of the American Legion. He holds a commercial pilots' license, issued by the Civil Aeronautics Administration, certificate No. 37751, and has never had an airplane accident other than the one in the instant case. Conclusion: From the facts as stated above, and exhibits A to E, inclusive, the claimant was very willing to cooperate and assist the United States Army Recruiting Service in the antiaircraft demonstrations in its recruiting campaign, as shown by the fact that he offered his services as an aviator and the use of his airplane for what he considered a worthy cause in stimulating recruiting in the United States Army and the United States Army Air Corps to aid in national defense. The claimant received no compensation for his services or for the use of his airplane, and had no reason to expect same, as he was doing a job he considered to be his patriotic duty, and as shown in exhibit B it was stated that if at any time in the future he could be of service to the United States Army, or aid in national defense in any manner whatsoever, he would always be ready to do so. From the foregoing facts the claimant feels he has a just claim, since the damage to his airplane was not due to any negligence on his part, but was incurred while performing a service for the United States Army Recruiting Service, for the purpose of recruiting and national defense. Claim is therefore submitted for the damage incurred to the aircraft owned by the claimant on the night of August 21, 1940, in the amount of $507.57. Enclosures: Exhibits A to H, inclusive, are enclosed and made a part of this claim. All photostatic copies are certified on the reverse side that they are true copies of the originals. I, Charles Fred Smith, claimant, 530 Williams Boulevard, Springfield, Ill., solemnly swear the statements made in this claim are true to the best of my knowledge and belief, and that the attached exhibits are true copies of the originals. CHARLES FRED SMITH, Claimant. Subscribed and sworn to by Charles Fred Smith before me this 14th day of August 1942. Oct. 1. 10 hours' labor, rub out fuselage, paint 5 coats paint, make up fuse for battery, paint trimming on side of ship and repaint fairing strip, assembling brakes on axle, pad all fairing strip with felt inside of cabin.. 1 fuse and case fuse. 1 quart brake fluid... 2. 7 hours' labor, assembling landing gear, install floor boards and assembling front end cowling--- hours' labor, make up new motor mount.. motor mount bolts and nuts.. $12.50 .25 1. 00 8.75 10.00 .80 Oct. 3. 3 hours' labor, repainting bad places on doors; set up ship; install 12 hours' labor, hook up all controls and install rug and cushion.. 2 inspection plates.... 4. 5 hours' labor, final assembling- 1 quart rubbing compound. Total... Total September statement. Total Paid December 29, 1940. $8.75 15. 00 6. 25 .60 6. 25 10. 00 1. 40 76. 05 409. 94 485. 99 SOL ISBELL. This is a complete statement of the cost of repair labor and material necessary to repair Cub coupe, NC-24536, after an accident which occurred on the night of August 21, 1940. SPRINGFIELD AVIATION CO., By CRAIG ISBELL, Comanager. MRS. SAMUEL M. MCLAUGHLIN MAY 18, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. PITTINGER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2333) The Committee on Claims, to whom was referred the bill (H. R. 2333) for the relief of Mrs. Samuel M. McLaughlin, 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, strike out the figures "$10,000" and insert in lieu thereof the figures "$5,500". Page 1, line 6, after the word "Illinois" insert the words "in full settlement of all claims against the United States". The purpose of the proposed legislation is to appropriate the sum of $5,500 to Mrs. Samuel M. McLaughlin, of Peoria, Ill., in full settlement of all claims against the United States for the death of her husband, Dr. Samuel M. McLaughlin, as a result of his accidental shooting by an Army sentry in Santa Monica, Calif., on January 18, 1942. STATEMENT OF FACTS It appears that on January 18, 1942, at about 4:30 p. m., as Dr. Samuel M. McLaughlin was driving his automobile southwest on Twenty-first Street, in Santa Monica, Calif., he was instantly killed as the result of the accidental discharge of an Army rifle by an enlisted man who was on guard duty at a sentry post at the corner of Twenty-first and Oak Streets. It seems that the accidental firing of the rifle occurred while the sentry was making a routine inspection thereof after relieving another sentry. After Dr. McLaughlin was shot his car continued for a short distance along Twenty-first Street and crashed into the rear of a parked car. The War Department feels that since the accident and resulting death of Dr. McLaughlin were due solely to the negligence of a sentry |