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and live there. I sell milk and pigs which are produced on said farm. Due to my disability by being shot by a soldier in the United States Army I was away from my work at the Portland Gas Light Co. for 16 weeks; and I lost wages amounting to $592.90; which sum has been paid to me by said employer without any legal obligation to do so; while so incapacitated I lost 12 pigs that had a value of $25 each, a total of $300; during this period I paid for labor on my farm the sum of $260, which represents work which I would have done if I had been able.
“My total bills for doctors, hospitals, $510.40, in addition the employer paid for nurses the sum of $120.
"I have been advised that I must have a second operation and the expense of the hospital care and the doctor's fee amounting to $449.50. This does not include any loss of wages or loss of farm income which can reasonably be expected.”
Mr. Hawkins died at the Maine General Hospital, Portland, Maine, on November 23, 1942, the day on which he was shot. On December 3, 1943, the claims officer submitted the following report:
“The employers of the deceased were the Portland Gas Light Co., 5 Temple Street, Portland, Maine, for whom he worked since. 1905 as night foreman of the gas works, where the shooting took place. He was a widower with five children; one, a daughter, is married; one, a son, lives by himself; and the remaining two sons lived with him and the unmarried daughter, Margaret L. Hawkins, for whose relief a bill has been introduced in Congress (H. R. 3281, 78th Cong.), who kept house for her father and two brothers. The two brothers are now in the Army, both in the South Pacific, and since the father's death the household has been broken up and Margaret L. Hawkins has gone to live in Portland, Maine. She has no business or occupation, having been steadily engaged as housekeeper for her father and brothers since the death of their mother.
“Mr. Hawkins died intestate and left a small bank account of about $900, which was used for the payment of his funeral expenses and current household bills, real-estate taxes, and real-estate insurance. He also left a white frame house of modest character on Bridgeton Road, Westbrook, Maine, situated on approximately 3 acres of land. In my opinion, the property is worth from $3,000 to $4,500.
"The deceased had group life insurance which yielded $3,000, and a commercial life insurance policy which yielded another $3,000. The first policy was divided among four children and the second among all five, and by virtue of these payments, Margaret L. Hawkins received $1,350 in addition to her interest in the real estate. No payment was made by the employers nor is any expected. The workmen's compensation carrier, I am told, has refused to recognize the claim, but on what grounds I was not advised.
it may be further said that there is no evidence at all that any act or omission of Nelson Hawkins contributed in any way to the accident by which he met his death."
An affidavit executed by Margaret L. Hawkins on December 1, 1943, reads in part as follows:
"My father, Nelson Hawkins, was killed on the 23d of November 1942 by gunfire-shot wound fired by Pvt. Charles Adkins, Three Hundred and Sixty-sixth Infantry. At the time of his death, Nelson Hawkins was the night foreman of the gas works of the Portland Gas Light Co. He was 61 years of age and had been employed by the Portland Gas Light Co. since 1905. His salary at the time of his death was $53 weekly.
“Nelson Hawkins is survived by five children, his wife having died in 1924. The names, addresses, and ages of the survivors are as follows:
"1. Ethel Hawkins Graffam, age 37, of Hollis, Maine. "2. Margaret L. Hawkins, age 39, 533 Sawyer Street, South Portland, Maine.
“3. Ralph Nelson Hawkins, age 27, in active service with the United States Army in the South Pacific theater of operations.
“4. Carl Leslie Hawkins, age 24, in active service with the United States Army in the South Pacific theater of operations.
“5. Guy C. Hawkins, age 36, of 33 Williams Street, Portland Maine.
"At the time of my father's death, the household consisted of my father, myself, and the two boys above mentioned who are in the service, who had no other residence than the house which my father owned. I kept house for him and had no other employment, so that I was in fact completely dependent upon him.
“My father made no regular payments for the support of any of the other children but myself. The two boys who left home were self-supporting before they entered the service. The deceased left no assets other than the house on
Bridgton Road, which is a white frame dwelling situated on 3 acres of land. The house has no mortgage or other encumbrances, and, in my opinion, is valued at about $3,000, which was the figure stated in the appraisal of my father's estate.
“At the present time, I am still unemployed. I have no assets other than my interest in the real estate above mentioned.
“On the night that my father was killed, there had been no quarrel or any conversation whatever with Pvt. Charles Adkins, who fired the fatal shot. In fact, I was told by my father, during the last few months of his life, that he had befriended all of the soldiers who were on duty guarding the plant, and on cold nights he furnished them with hot drinks at his own expense. He spoke to them as they came on and went from duty and so far as anyone knows was on the best of terms with all of the soldiers. When the first shot was fired my fathe came to the door of his office and was standing either in the door or on the steps just outside when a shot was fired at him by the soldier. He had not taken any part in pursuing the soldier nor was there any other act of his which could or should have aroused the anger of this man.'
The War Department has no record of any medical or hospital expenses incurred on account of the injuries sustained by Mr. Hawkins. However, there has been submitted to the Department the bill of W. Russell Harlow, undertaker, Portland, Maine, in the amount of $359, covering the burial expenses of Mr. Hawkins.
The expenses and losses thus far incurred by Mr. Dyer as a result of the injuries sustained by him, plus estimated future expenses, may be summarized as follows: Expenses and losses already incurred: Medical, hospital, and nursing expenses.
$630. 40 Loss of pigs due to lack of care because of injury to Mr. Dyer.. 300.00 Extra farm labor necessitated because of the injury of Mr. Dyer.. 260.00
1, 190. 40 Estimated future expenses: Cost of further medical and hospital treatment, with incidental expenses.
449. 50 Total.--
1, 639. 90 It is clear from the evidence that the death of Mr. Hawkins and the personal injury to Mr. Dyer were due to no fault or negligence on their part. It is the view of the War Department that the shooting of Mr. Hawkins and Mr. Dyer resulted from the negligence of responsible military personnel in permitting Private Adkins, who had previously shown evidence of insanity and had exhibited dangerous tendencies, and who at the time was known to his immediate superior to be under the influence of intoxicants, to accompany the soldiers in the truck while guards were being posted, and in failing under such circumstances to maintain proper control over him. It is the further view of the Department that there was a considerable degree of negligence on the part of military personnel in assigning to guard duty at any time a soldier known by his commanding officer to be mentally deficient.
It is the view of the War Department that the amounts of the proposed awards are excessive. . The Department, however, would interpose no objection to the enactment of the bills if H. R. 3280 should be so amended as to authorize the payment to William Dyer of the sum of $4,000 ($1,190.40 for medical and hospital expenses and losses sustained as a result of his injury, $449.50 for estimated future medical and hospital expenses, and $2,360.10 for personal injury); and if H. R. 3281 should be so amended as to authorize the payment to the administrator of the estate of Nelson Hawkins, deceased, of the sum of $5,359 ($5,000 for the death of Mr. Hawkins, and $359 for his burial expenses).
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,
Secretary of War.
Personally appeared William Dyer, of Windham, county of Cumberland and State of Maine, who upon oath states that on Monday, November 23, 1942, I went to my work at 3 o'clock in the afternoon for the Portland Gas Light Co. and at
their plant located at 40 West Commercial Street at Portland, county of Cumberland and State of Maine. I remained at my work until about 7 o'clock that same night and I went up to the office to read the barometer and the foreman, Nelson Hawkins, and also Del Fay and we were talking and we heard this shot outside and Hawkins went out and opened the gate and two Negroes in United States Army uniform were standing there and the one that had the gun turned around and shot and the shot went through Hawkins and into me. We were still on the premises of the Portland Gas Light Co. at the time of the shooting. We were all three together and I happened to be a foot or two behind Hawkins and Fay was to the right of me. None of us said a word. We were instructed by the foreman, Nelson Hawkins, that we were to open the gate and let the United States Army men who were on guard, to come in at any time, which had been our practice at all times and we had never had any arguments with any of the United States soldiers.
After we were shot, Hawkins turned and went down the steps and stayed there until the ambulance came and picked him up. I went over to where Hawkins was and these terrible cramps affected me and I went to the office and lay down on the floor until they took me to the hospital where I was operated on and remained there 3 weeks. At the present time, I am physically unable to do the work I could formerly do and my doctors advise me that I must have another operation which is very serious and I must have constant medication at all times. At the time of the shooting, I had done nothing that would cause the soldier to shoot me and I was on the property of my employer where I was expected to be. Dated at Westbrook, Maine, this 22d of October A. D. 1943.
William D. DYER.
OCTOBER 22, 1943. STATE OF MAINE,
Medical and hospital for first operation:
$5. 00 272. 00 15. 00
5. 85 212. 55 120.00
630. 40 Wages lost by reason of being absent from work from Nov. 23, 1942, to Mar. 11, 1943, 16 weeks, at $44.20 a week...
697. 20 Lost 12 pigs by reason of not being there to attend to them, value $25 each.
300. 00 Paid for labor on my farm during my absence.
PORTLAND, MAINE, May 29, 1943. Mr. WILLIAM DYER,
South Windham, Maine. DEAR SIR: Pursuant to our conversation I am writing to give you an evaluation of your present physical status and as nearly as possible the anticipated expense which would be incurred by the surgery which I think you ought to have done.
Your persistent symptoms of episodes of abdominal cramps whenever you deviate from a very restricted bland diet and the findings of a gastro-intestinal series, which was done in March, indicate clearly that you have a persistent partial small bowel obstruction. To get back to a normal life and eating habits consistent with active physical work this obstruction should be relieved surgically.
I am enclosing figures which I obtained from the hospital covering expected hospital expense for 3 weeks' hospitalization in semiprivate (small ward) accommodations, taking into consideration all expenses associated with surgical procedure, including operating-room charge, anesthesia, laboratory, surgical supplies, and special nursing for 4 days which might be necessary.
Besides this my surgical fee would be $150 for operating plus $3 a day for hospital care. I expect that you will pass this information on to the proper authorities for your claim on the Government for a gunshot wound sustained November 23, 1942. Yours very sincerely,
JAMES M. PARKER, M. D.
78TH CONGRESS | HOUSE OF REPRESENTATIVES
REPORT No. 1490
May 22, 1944.—Committed to the Committee of the Whole House and ordered
to be printed
Mr. CHENOWETH, from the Committee on Claims, submitted the
(To accompany H. R. 3495]
The Committee on Claims, to whom was referred the bill (H. R. 3495) conferring jurisdiction upon the United States District Court for the Northern District of California, northern division, to hear, determine, and render judgment upon the claims of Constantino Arguelles; Concha Arguelles, wife; and Carmen Arguelles, Richard Arguelles, Roberta Arguelles, and Maria Antonia Arguelles, minor children of said Constantino and Concha Arguelles, 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 3, after the enacting clause, strike out the remainder of the bill, and insert in lieu thereof the following: That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $5,000 to Constantino Arguelles, of Oakley, California, in full settlement of all claims against the United States on account of property damage, personal injuries, medical and hospital expenses, and loss of earnings, resulting from an accident which occurred on State Highway Numbered 4 near Oakley, California, when the automobile in which he was riding was struck by a United States Army truck on March 30, 1943: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Amend the title of the bill so as to read:
The purpose of the proposed legislation is to appropriate the sum of $5,000 to Constantino Arguelles, of Oakley, Calif., in full settlement of all claims against the United States on account of property