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buildings on the land which were owned by the said district, and since the said easement provided that, in consideration of the payment of the sum of $2,171 specified therein, the grantor released the United States "from all claims for damages that may hereafter accrue to it by reason of the overflowing of the above-described land,” the instant claim is not one for which the Government legally is liable, nor is it one that could be adjusted under any existing appropriation.

However, since the evidence of record indicates that the value of the easement originally was determined by the parties on the belief and with the understanding that the State highway would be relocated in such a manner as to restore substantially a means of access to the claimant's buildings, so that the conservance district would not be deprived of the use thereof, and since, as a result of the subsequent change in plans, the said highway was relocated in such a manner as to deprive the claimant of any access to its buildings, the claim, in my judgment, contains such elements of equity as to be deserving of the consideration of the Congress. The War Department has reported that a revised computation of the value of the filowage easement based on the removal of the buildings discloses that there is a balance of $1,745 due to the claimant. Accordingly, I recommend to the Congress that an appropriation be made for the payment of the claim in the amount of $1,745 upon the receipt by this office or evidence that a release, satisfactory to the War Department, of the United States from any further claim for payment of damages and from liability of any kind whatsoever by reason of the grant of the easement, has been executed by the Muskingum Watershed Conservancy District and has been recorded in the proper land records in the State of Ohio.

If the Congress should agree with my recommendation in this matter, it is suggested that the enactment of a statute in substantially the following form will accomplish that purpose:

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Comptroller General of the United States be, and he hereby is, authorized and directed to settle and adjust the claim of the Muskingum Watershed Conservancy District, New Philadelphia, Ohio, for the balance necessary to cover the reasonable compensation for a flowage easement which was granted to the United States by deed dated January 8, 1941, prior to the change in plans by the United States and the State of Ohio for the relocation of a State highway, which relocation deprived the claimant of any access to its buildings situated on a part of the land not affected by the flowage easement, and to allow in full and final settlement of the claim the sum of not to exceed $1,745 upon the receipt by him of evidence that a release, satisfactory to the War Department, of the United States from any further claim for damages and from any further liability of any kind by reason of the grant of the easement, has been executed by the Muskingum Watershed Conservancy District and has been recorded in the proper land records of the State of Ohio. There is hereby appropriated the sum of $1,745, or so much thereof as may be necessary, for the payment of said claim."

LINDSAY C. WARREN, Comptroller General of the United States.

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78TH CONGRESS HOUSE OF REPRESENTATIVES

2d Session

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REPORT No. 1481

REIMBURSEMENT OF NAVY PERSONNEL AND FORMER NAVY PERSONNEL AS A RESULT OF A FIRE AT THE NAVAL STATION, TUTUILA, AMERICAN SAMOA

May 22, 1944.—Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

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

following

REPORT

(To accompany H, R. 45911

The Committee on Claims, to whom was referred the bill (H. R. 4591) to provide for the reimbursement of certain Navy personnel and former Navy personnel for personal property, lost or damaged as the result of a fire which occurred on the naval station, Tutuila, American Samoa, on October 20, 1943, 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 Secretary of the Treasury to appropriate such sum or sums, amounting in the aggregate not to exceed $7,812.10, as may be required by the Secretary of the Navy to reimburse, under such regulations as he may prescribe, certain Navy personnel and former Navy personnel for the value of personal property lost or damaged as the result of a fire which occurred on the naval station, Tutuila, American Samoa, on October 20, 1943.

The Navy Department transmitted a request to the Speaker of the House of Representatives for this legislation. Therefore, your committee recommends favorable consideration to the bill. Appended hereto is the letter from the Secretary of the Navy.

Navy DEPARTMENT,

Washington, March 29, 1944 Hon. Sam RAYBURN,

Speaker of the House of Representatives. MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill, to provide for the reimbursement of certain Navy personnel and former Navy personnel for personal property lost or damaged as the result of a fire which occurred on the Naval Station, Tutuila, American Samoa, on October 20, 1943.

The purpose of this proposed bill is to authorize and direct the Secretary of the Treasury to pay out of any money in the Treasury not otherwise appropriated, the sum of $7,812.10, or such portion thereof as may be necessary to pay claims of certain Navy personnel and former Navy personnel for personal property last or damaged as the result of a fire which occurred on the Naval Station, Tutuila, American Samoa, on October 20, 1943.

On the date above mentioned a fire broke out in a building at the United States Naval Station, Tutuila, American Samoa, and spread to three other buildings that were located close to the first building in which the fire originated. A board of investigation convened to inquire into the cause of the fire found that it was due to possible mechanical or operational failure in a kerosene hot-water heater and was not occasioned through act of negligence or omission.

As the result of the fire a large number of enlisted men billeted in the building lost their personal effects.

There is no other authority of law by virtue of which the claims may be adjusted.

The Navy Department is of the opinion that provision should be made for the payment of these claims, in that the personnel involved were assigned to duty at said station by orders of the Navy Department and the loss of and damage to their property occurred without fault or negligence on their part.

These claims were submitted to the Navy Department Claims Board which found the value of the property lost and damaged to be $7,812.10.

The additional cost to the Government, should this proposed legislation be enacted, would not exceed $7,812.10.

The Navy Department recommends that the proposed legislation be enacted.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of the proposed legislation to the Congress. Respectfully,

James FORRESTAL, Acting. O

HOUSE OF REPRESENTATIVES

REPORT

78TH CONGRESS

2d Session

}

{ No. 1483

REIMBURSEMENT OF NAVY PERSONNEL AND FORMER NAVY PERSONNEL AS RESULT OF DAMAGE BY FIRES IN QUARTERS OCCUPIED BY NAVAL CONSTRUCTION BATTALIONS

May 22, 1944.—Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

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

following

REPORT

[To accompany H. R. 4607)

The Committee on Claims, to whom was referred the bill (H. R. 4607) to provide for reimbursement of certain Navy personnel and former Navy personnel for personal property lost or damaged as the result of fires in quarters occupied by naval construction battalions, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to appropriate such sum or sums, amounting in the aggregate not to exceed $910.07, as may be required by the Secretary of the Navy to reimburse, under such regulations as he may prescribe, certain Navy personnel and former Navy personnel for the value of personal property lost or damaged as the result of fires in quarters occupied by members of the Twelfth Naval Construction Battalion on December 26, 1942, and by members of the Forty-second Naval Construction Battalion on March 29, 1943, respectively.

The Navy Department transmitted a request to the Speaker of the House of Representatives for this legislation. Therefore, your committee recommend favorable consideration to the bill. Appended hereto is a letter from the Secretary of the Navy.

Navy DEPARTMENT,

Washington, April 7, 1944. Hon. Sam RAYBURN,

Speaker of the House of Representatives. MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill to provide for reimbursement of certain Navy personnel and former Navy personnel for personal property lost or damaged as the result of fires in quarters occupied by naval construction battalions.

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