by Grover B. Hill, Assistant Secretary, Agricultural Adjustment Administration, in his letter dated May 21, 1941, and addressed to Hon. Dan R. McGehee, chairman, Committee on Claims, National House of Representatives; that Mr. D. C. France of the Agricultural Adjustment Administration positively did not investigate their claim in detail on two different occasions; Mr. France on his first visit to our farm made a casual investigation and on his second visit he stated, in substance, as follows: "That he was not there for an investigation, that he had been in Anderson, S. C., on an investigation and drove by our farm inasmuch as there had been some complaint, but that he was not there to make an investigation"; that on this visit, Mr. France presented no records, asked for none. remained about 5 minutes and drove off. Reference to the hearing on December 7, 1939, these deponents swear that the only question asked by Mr. E. A. Adams was, "If all the fertilizer had been put in?" to which they answered, "No, not all"; that these deponents have contended all along that the minutes of this meeting were incorrect and contained, when forwarded to higher authority, only parts of what transpired as were favorable to the local office and detrimental to their interest; that they have asked the local office several times for permission to inspect the minutes but were refused each time except on one occasion, viz February 5, 1940, and the minutes were incorrect that time; that they have not been allowed to see them since, although have made several requests to see them. That on March 4, 1939, they received from the local Agricultural office a card, Form ACP-89, U. S. A. A. A. reference to cotton-acreage allotment which authorized the combination of the farms (a certified copy of this card is attached and made a part of this affidavit); that later about April 7, 1939, a combination work sheet was made out by the local office; that this work sheet was at one time on file in the local office and was at one time seen by deponent, J. G. Power, but recently, an inspection of this work sheet has been denied; that during the latter part of April deponents were notified that the combination could not be made; that this notice, as stated in a previous affidavit, came after fertilizer had been bought and partly scattered and after the farm was prepared for cultivation and one-third planted; that the card above mentioned, was issued and the combination allowed by the local office with full knowledge of the history of the farms. That the attitude of the local, State, and Federal Agricultural Adjustment Administration authorities has been, from the beginning, to minimize the importance of the fact that the combination was allowed with full historical knowledge of the farms. That these deponents are honest in their contentions that they have been injured in not being allowed to participate in the benefits from 1939 farm subsidy; that they honestly followed instructions issued them by the local Agricultural Adjustment Administration office and have in every way honestly endeavored to cooperate with the rules and regulations of the Agricultural Adjustment Administration, and that they should not be made to suffer for the mistakes of others. J. G. POWER. Sworn and subscribed to before me this the 12th day of June, 1941. (SEAL] W. R. RICHEY, Jr., Notary Public for South Carolina. Form ACP-89 Name of county: Laurens. UNITED STATES DEPARTMENT OF AGRICULTURE, State and county code and 1938 farm serial number: 56-030. 16672. New farm (name of 1938 operator). NOTICE OF 1939 COTTON ACREAGE ALLOTMENT To All Persons Who As Operator, Landlord, Tenant, or Sharecropper, Will be Interested in the Above-Described Farm in 1939: The cotton-acreage allotment for the above-described farm, determined pursuant to section 8 of the Soil Conservation and Domestic Allotment Act, as amended, and title III of the Agricultural Adjustment Act of 1938, as amended, is 5 acres. This allotment has been determined, through the local committees required by law and in accordance with the applicable regulations and official instructions, upon the assumption that the farm, as it will be operated in 1939, contains the same land for which the 1938 cotton-acreage allotment was determined. If the farm, as it will be operated in 1939, is larger or smaller than it was in 1938, please inform the county office of this fact, in order that the 1939 cottonacreage allotment may be redetermined. This cotton-acreage allotment will be used (1) for the purposes of the 1939 agricultural conservation program, (2) for the 1939 price-adjustment payments, and (3) if cotton-marketing quotas are in effect, for determining eligibility for loans, if available, and for establishing cotton-marketing quotas. If any interested producer believes that this cotton-acreage allotment has been incorrectly determined, he may, within 15 days after the date shown on this notice, submit in writing to the county committee a request for a reconsideration of such cotton-acreage allotment as it relates to the 1939 agricultural conservation program. Date: March 4. 1939. WALLACE L. MARTIN, Vice Chairman, County Agricultural Conservation Committee. U. S. Government Printing Office. 8-12568. I, W. R. Richey, Jr., a notary public for South Carolina, do hereby certify that the foregoing is a true and correct copy of the original card, Form ACP-89, received by J. G. Power from Wallace L. Martin, which is dated March 4, 1939. LAURENS, S. C., June 12, 1941. SEAL ¡Envelope! W. R. RICHEY, Jr., Notary Public for South Carolina. United States Department of Agriculture, Agricultural Adjustment Administration, Washington, D. C. Official business. Penalty for Private Use to Avoid Payment of Postage. 8-12568 J. G. Power, Gray Court, S. C. STATEMENT OF J. G. PoWER AND L. D. POWER, APRIL 22, 1941 STATE OF SOUTH CAROLINA, County of Laurens: Personally came before me, J. G. Power and L. D. Power, each of whom being duly sworn, deposes and says: That they are brothers; that they are of the respective ages of 37 and 33 years; that they, with their mother, own a small farm in the northwestern part of Laurens County, S. C., containing 83 acres, more or less, with only about 38 acres being in cultivation; that they are solely dependent upon the productive capacity of this land for the support of their mother, two unmarried sisters and themselves; that each year an effort is made to produce a sufficient quantity of farm products to enable the family to live upon and to feed their own livestock, but that cotton is the only money crop raised on the farm, the average yield each year for the past 10 years has been about 9 bales; that since inauguration of triple A program, they have been concientiously and honestly complying with the requirements of the program, and never had any trouble or misunderstanding with triple A authorities until 1939; that in the year 1939, 11 acres of their farm was under triple A regulations to be planted in cotton; that during same year they rented a 3-acre farm that was also to be planted in cotton. That in addition to foregoing acreage, they had under consideration the renting of another farm of 5 acres that they desired to plant in cotton during the year 1939; that having in mind the strict compliance with triple A rules and regulations they were uncertain as to whether or not this additional 5 acres could be planted in cotton; that before renting the 5 acres, they consulted Mr. C. B. Cannon, the Laurens County triple A agent and also Mr. Wallace Martin, one of the members of the Laurens County committee, for advice about renting the 5 acres and planting it in cotton; that both Mr. Cannon and Mr. Martin informed them that the renting and planting of 5 acres in cotton would be all right and in conforminity with rules and regulations of triple A; that, acting upon such advice, consent and authority, the 5 acres was rented and planted in cotton during the year 1939; that at the time Mr. Cannon and Mr. Martin were consulted, a full and complete history of 5 acres was given to them and outlined on a work sheet, and at that time a work sheet combining the 11 acres, 3 acres and 5 acres was made up by triple A employees in the Agricultural Building and placed on file in said building; that after being granted the authority as aforesaid, they went to necessary expense of buying fertilizer, preparing, planting, and cultivating the 5 acres in cotton and the latter part of April, after being about one-third through planting. they were notified by triple A office that the 5 acres could not be combined with other acreage; that after receiving this notice and before proceeding with their planting, they personally called upon Mr. Cannon, presented him with the notice and requested his advice as to future procedure and what action they should take; Mr. Cannon read the notice and pointblank refused to give any advice; that they remained in Mr. Cannon's private office about 1 hour during which time no counsel or advice was given them by Mr. Cannon and not being able to get any information from him, they left. That during the following week they finished planting the combination farm in cotton; that no further developments transpired concerning the cultivation of this farm until the middle of the summer when a representative visited the farm and checked the cultivated acreage, which check showed an excess acreage in cotton, occasioned by the fact that the Agricultural office had not allowed the 5 acres to be combined in the farm; that they, in order to cooperate and comply with triple A regulations, voluntarily destroyed 10 acres of cotton and so notified the Agricultural office; that on or about the 7th of October 1939, one Mr. H. A. Ropp, an employee in the Laurens office, refused to deliver to them a marketing card and would not allow them to apply for benefits under triple A regulations; that not having allowed them to participate in 1939 triple A benefits, they asked for a hearing and on December 7, 1939, the county committee held a hearing in the case, a full county committee was not present, Mr. Jack H. Davis, chairman, being absent; that at this hearing. Mr. Wallace Martin, a member of the committee stated that he had given them permission to combine the three farms on one work sheet and when Mr. Cannon, the county agent who was also present at the meeting, was asked if he had given a like permission, he refused to answer the question and although having been asked several times since, both orally and in writing, he has consistently refused and still refuses to answer the question; that at this meeting it was decided by the triple A authorities that a representative of the Laurens County office would be sent to the farm for the purpose of remeasuring the acreage; that in compliance with this decision, one Mr. Tom Barksdale, representing the Laurens County office visited the farm but refused to make a measurement, stating, "That these men were just trying to lay the blame on my shoulders for their mistake and I am not going to measure the farm"; that Mr. Barksdale left without measuring the farm; that no subsidy at all has been allowed them for the 1939 crop; that in this matter and in all matters pertaining to the operation of their farm, they have shown every desire and willingness and have made every effort to cooperate with rules and regulations of triple A program. J. G. POWER. Sworn and subscribed to before me this the 22d day of April, 1941 (SEAL] A. R. RICHEY, Jr., Notary Public for South Carolina. LT. (JR. GR.) HUGH A. SHIELS May 23, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. DICKSTEIN, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 4605] The Committee on Claims, to whom was referred the bill (H. R. 4605) for the relief of Lt. (Jr. Gr.) Hugh A. Shiels, United States Naval Reserve, 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 pay the sum of $215.85 to reimburse Lt. (Jr. Gr.) Hugh A. Shiels, United States Naval Reserve, for the value of personal property lost in a fire in a warehouse used by the Navy at the naval section base, Sand Point, Alaska, on December 17, 1942. 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, and made a part of this report, is a letter from the Secretary of the Navy. Hon. SAM RAYBURN, NAVY DEPARTMENT, Speaker of the House of Representatives. MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill for the relief of Lt. (Jr. Gr.) Hugh A. Shiels, United States Naval Reserve. The purpose of the proposed bill is to authorize and direct the Secretary of the Treasury to pay to the claimant named in the bill the sum of $215.85 for the value of personal property lost in a fire in a warehouse used by the Navy at the naval section base, Sand Point, Alaska, on December 17, 1942. On the date named a fire broke out in said building, the cause of which is believed to have been defective wiring. The building and the contents thereof were destroyed. At the time of the fire claimant was in Kodiak, Alaska, in pursuance of official orders and was therefore unable to take any action to save his property. The claim was examined by the claims officer of the Bureau of Naval Personnel, who finds the value of the lost articles to be $215.85. 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 this claim in that claimant's property was stored in an authorized place while claimant was stationed at the naval section base, Sand Point, Alaska, by orders of the Navy Department and the loss of his property occurred without fault or negligence on his part. The additional cost to the Government should this proposed legislation be enacted would not exceed $215.85. 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. Sincerely yours, JAMES FORRESTAL, Acting. |