United States Congressional Serial Set

it would seem proper that at least the Government should be reimbursed for the expenses incurred by it by reason of the default. The sum of $1,000 would probably cover these expenses, which comprise the cost of searching for the fugitive and the cost of returning him to Tampa from the place of arrest.

Accordingly, in the event that the Congress is inclined to give favorable consideration to this legislation, I suggest that the bill be amended so as to reduce the amount of the judgment to the sum of $1,000. This result may be accomplished by amending the bill to read as follows:

"That the judgment entered in the District Court of the United States for the Southern District of Florida against Leo Edward Day and Phillip Tamborello for the sum of $5,000 and costs on a bail bond which was forfeited on July 26, 1940, in a criminal proceeding against one Donald Fox in the said court is hereby reduced to the sum of $1,000 and costs."

I have been advised by the Director of the Bureau of the Budget that there is no objection to the submission of this report.

Sincerely yours,

FRANCIS BIDDLE, Attorney General.

P. E. BRANNEN

MAY 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

[To accompany H. R. 4101]

The Committee on Claims, to whom was referred the bill (H. R. 4101) for the relief of P. E. Brannen, having considered the same, report favorably thereon with amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Page 1, line 6, strike out the figures "$4,325.39" and insert in lieu thereof the figures "$3,626.30".

The purpose of the proposed legislation is to appropriate the sum of $3,626.30 to P. E. Brannen, in full settlement of all claims against the United States for damage to building, contents, trees, fences, lawn, and incidental expenses, as a result of the crash of a Navy airplane on October 14, 1943, into the dwelling located at 810 Richmond Street, Fort Myers, Fla.

STATEMENT OF FACTS

It appears that on October 14, 1943, the pilot of the United States Navy airplane SNJ-3, Bureau No. 05525 was on a duly authorized flight with orders to fly only within gliding distance of the United States naval air station, Miami, Fla. The pilot disobeyed his orders, left the vicinity of the air station, and proceeded to Fort Myers, Fla. There the plane struck a pine tree, lost part of its wing, continued in flight for about two blocks, struck another tree, and crashed into the home of P. E. Brannen, located at 810 Richmond Street, Fort Myers, Fla.

A board of investigation was convened and found that the damages to the residence caused by the crash was estimated in the amount of $2,391.80. Further evidence shows that the furnishings were estimated in the amount of $1,000; and that the damages to lawn, shrubery, and royal palm tree on the property were damaged in the amount of $70.

In its report of April 4, 1944, the Navy Department states:

As the damages occasioned by the accident resulted from no fault of P. E. Brannen, the Navy Department, subject to the comments set forth in the fourth to seventh paragraphs hereof, considers the bill meritorious and recommends its enactment in the amount of $3,626.30.

Your committee concurs in the recommendation of the Navy Department.

Therefore, your committee recommends that the bill, as amended, be given favorable consideration. Appended hereto is the report of the Navy Department, together with other pertinent evidence.

Hon. DAN. R. McGEHEE,

THE SECRETARY OF THE NAVY,
Washington, April 4, 1944.

Chairman of the Committee on Claims, House of Representatives,

Washington, D. C.

MY DEAR MR. CHAIRMAN: Reference is made to bill, H. R. 4101, for the relief of P. E. Brannen and your letter of March 10, 1944, requesting a report of the facts and an expression of opinion as to the merits of the bill.

The purpose of the bill is to authorize the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, to P. E. Brannen, the sum of $4,325.39, in full settlement of all claims against the United States for damage to buildings, contents, trees, fences, lawn, and incidental expenses, as a result of the crash of a Navy airplane on October 14, 1943, into the dwelling located at 810 Richmond Street, Fort Myers, Fla.

The records of the Navy Department disclose that on October 14, 1943, the pilot of the United States Navy airplane SNJ-3, Bureau No. 05525 was on a duly authorized flight with orders to fly only within gliding distance of the United States naval air station, Miami, Fla. Said pilot disobeyed his orders, left the vicinity of said air station, and proceeded to Fort Myers, Fla. There the plane struck a pine tree, lost part of its wing, continued in flight for about two blocks, struck another tree, and crashed into the home of P. E. Brannen, located at 810 Richmond Street, Fort Myers, Fla.

Photographs enclosed herewith as exhibits A, B, C, and D show the damage to said residence caused by the crash. A copy of an estimate in the amount of $2,391.80 for the repair of the damage is enclosed herewith as exhibit E. A board of investigation, convened to inquire into the accident, found this estimate to be reasonable. The Navy Department has no information as to whether or not the residence has been repaired.

P. E. Brennen submitted an inventory of the contents of said building, which were either damaged or destroyed by the crash, showing the value of such personal property to be $1,164.50. The records of the Navy Department show that said inventory was prepared by a reliable furniture dealer in Fort Myers, Fla., and that it appears to be reasonable. A copy of said inventory is enclosed herewith as exhibit F.

Said exhibit F had been enclosed by the claimant with his letter of November 16, 1943, offering to separate the items of his claim and accept $1,000 in settlement of the damage to his furniture in the hope of procuring immediate funds to assist him in the repair of his home. Said letter is enclosed herewith as exhibit G. In as much as it was not possible to separate and pay this item of the claim without jeopardizing the claimant's right to compensation for the other items of the claim, no action was taken upon the release appearing on the second page of exhibit F.

The board of investigation found also that damage was done to the lawn, shrubbery, and Royal Palm tree on the property of said P. E. Brannen, and that such damage amounted to $70.

The claim of P. E. Brannen cannot be settled by the Secretary of the Navy under any existing appropriation for the Navy or naval service.

As the damages occasioned by the accident resulted from no fault of P. E. Brannen, the Navy Department, subject to the comments set forth in the fourth

Not printed.

to seventh paragraphs hereof, considers the bill, H. R. 4101, meritorious and recommends its enactment in the amount of $3,626.30.

The cost of the proposed legislation is $4,325.39.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation.