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MARCH 27, 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 S. 1399]

The Committee on Claims, to whom was referred the bill (S. 1399) for the relief of Frank Knowles, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The facts will be found fully set forth in Senate Report No. 583, Seventy-eighth Congress, first session, which is appended hereto and made a part of this report.

Your committee concur in the recommendation of the Senate.

[S. Rept. No. 583, 78th Cong., 1st sess.]

The purpose of the proposed legislation is to appropriate to Frank Knowles of Montgomery, Ala., the sum of $110, in full satisfaction of his claim against the United States for compensation for loss of three typewriters owned by him which were destroyed by fire while on loan to the Work Projects Administration, at Opelika, Ala., on November 21, 1940.

STATEMENT OF FACTS

The evidence in the files of the Federal Works Agency discloses that three Government-owned typewriters were turned over to Frank Knowles for repairs; that, while the typewriters were being repaired, Frank Knowles furnished three Underwood typewriters to the Work Projects Administration for use until the repairs on the other machines were completed; that, on November 21, 1940, the building in which the Work Projects Administration office was located was destroyed by fire; and that the three typewriters loaned by Frank Knowles were also destroyed. It is the opinion of the Agency that the fire was an "unfortunate occurrence which resulted in the loss of three typewriters to Mr. Knowles through no act of his own. However, since the loss occurred while the typewriters were on loan to, and in the possession of, the Work Projects Administration, this Agency will interpose no objections to the enactment by the Congress of the proposed legislation.'

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Your committee, therefore, recommend favorable consideration of the proposed legislation.

Appended is the report of the Federal Works Agency.

The Honorable ALLEN J. ELLENDER,

FEDERAL WORKS AGENCY,
Washington, November 19, 1943.

Chairman, Committee on Claims, United States Senate,

Washington, D. C.

DEAR SENATOR ELLENDER: Reference is made to your letter of October 2, 1943, enclosing copies of S. 1399, a bill for the relief of Frank Knowles, and to my reply thereto of October 13, 1943.

The bill proposes to appropriate to Frank Knowles, of Montgomery, Ala., the sum of $110, in full satisfaction of his claim against the United States for compensation for the loss of three typewriters owned by him which were destroyed by fire while on loan to the Work Projects Administration, at Opelika, Ala., on Novvember 21, 1940.

The evidence in the files of this Agency discloses that three Government-owned typewriters which were being used by the Work Projects Administration at Opelika, Ala., were turned over to Frank Knowles for repairs; that, while the typewriters were being repaired, Frank Knowles furnished three Underwood typewriters to the Work Projects Administration for use until the repairs on the Government-owned machines were completed; that, on November 21, 1940, the building in which the Work Projects Administration office at Opelika was located was destroyed by fire; and that the three typewriters owned by Frank Knowles and loaned by him to the Work Projects Administration were also destroyed by the fire.

In a letter to the Work Projects Administration for Alabama, the chief of the fire department, Opelika, Ala., Mr. H. B. Whitaker stated:

"In my opinion the fire was not caused by any employee of the Work Projects Administration.

"The building was being used by various agencies, including Work Projects Administration area office, the local Work Projects Administration and engineers' office, vocational school, Farm Security Administration, Work Projects Administration sewing room, and the auditorium was used by the city of Opelika for electrical demonstrations and display. The entire basement was being used for storage. "The fire evidently started in the attic near the rear of the auditorium, but I have no idea how it started for it was spreading rapidly when first discovered." Mr. Knowles filed a claim with the Work Projects Administration, in the sum of $110, for the loss of the typewriters. The claim was considered under section 20 of the Emergency Relief Appropriation Act, fiscal year 1942 (55 Stat. 396); however, the claim could not be allowed for the reason that the negligence, as required by the act, on the part of an employee of the Work Projects Administration, was not established.

The amount of the claim which appears to be reasonable is established by a certified copy of a letter from the Wholesale Typewriter Co., 155 Sixth Avenue, New York, N. Y., quoting the prices on the three machines as being $35, $37.50, and $37.50, a total of $110.

This Agency is of the opinion that the fire was an unfortunate occurrence which resulted in the loss of three typewriters to Mr. Knowles through no act of his own. However, since the loss occurred while the typewriters were on loan to and in the possession of the Work Projects Administration, this Agency will interpose no objections to the enactment by the Congress of the proposed legislation.

There are enclosed photostatic copies of pertinent papers from the files of this Agency.

The Bureau of the Budget advises me that there would be no objection to the submission of this report to the committee.

Sincerely yours,

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MARCH 27, 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 S. 1433]

The Committee on Claims, to whom was referred the bill (S. 1433) for the relief of Clarence A. Giddens, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The facts will be found fully set forth in Senate Report No. 584, Seventy-eighth Congress, first session, which is appended hereto and made a part of this report.

Your committee concur in the recommendation of the Senate.

[S. Rept. No. 584, 78th Cong., 1st sess.]

The purpose of the proposed legislation is to pay to Clarence A. Giddens, of Orlando, Fla., the sum of $4,000 in full satisfaction of his claims against the United States (1) for compensation for the death of his daughter, Betty Lou Giddens, who died as a result of personal injuries sustained by her when an Army plane crashed into their apartment; (2) for personal injuries sustained by his daughter, Carol March Giddens, as a result of such accident; (3) for reimbursement of medical, hospital, and funeral expenses; and (4) for loss and damage to his personal property as a result of such accident.

STATEMENT OF FACTS

The report of the War Department states that on June 5, 1943, at about 2:15 p. m., an Army airplane in attempting to take off from an Army airfield near Orlando, Fla., failed to gain sufficient power to leave the ground, crashed through a wire fence, crossed a highway and struck a house, and then struck a garage building owned by Mrs. Alice Inez Davidson in which Mr. Clarence A. Giddens and his family had an apartment. Mr. Giddens' two daughters, Betty Lou Giddens, 14 years of age, and Carol March Giddens, 12 years of age, were in the apartment at the time. The crash caused the Giddens apartment to catch on fire and Betty Lou Giddens was killed in the accident. Carol March Giddens

was injured in the accident, but was rescued from the apartment and taken to the Orange General Hospital, Orlando, where she remained as a patient until June 16, 1943.

The evidence shows that the funeral expenses of Betty Lou Giddens amounted to $295, and that Mr. Giddens incurred hospital expenses for Carol March Giddens in the amount of $126, and medical expenses in the sum of $69.

Dr. H. M. Beardall, of Orlando, stated that Carol Giddens suffered from first and second degree burns and multiple contusions.

"One contusion on her forehead was about the size of a hen egg but there was not any resulting hematoma. The burns were on her right leg and arm. She will probably have the scars for some years but there is not any deformity." Mr. Giddens' garage apartment and contents were completely destroyed. His Ford car was scorched, the top was blistered, two tires burned, and others were scorched.

The War Department report states that inasmuch as this accident resulted through no fault or negligence on the part of the Giddens family, but resulted from an instrumentality of the Government for which it may properly assume liability, Mr. Giddens should be properly compensated.

66* * * Considering the age of Betty Lou Giddens at the time of her death and all of the circumstances of the case it is believed that an appropriation * * * in the amount of $4,000 would be a fair and reasonable settlement for all the damages * * * ($3,000 for the death of Betty Lou Giddens; $295 for her funeral expenses; $195 for medical and hospital expenses of Carol March Giddens; $210 for damages to and loss of personal property; and $300 for the personal injury of Carol March Giddens)."

Your committee concur in the above and recommend that the bill be favorably considered.

Appended is the report of the War Department.

Hon. ALLEN J. ELLENDER,

Chairman, Committee on Claims,

WAR DEPARTMENT,

Washington, D. C., December 2, 1943.

United States Senate.

DEAR SENATOR ELLENDER: Reference is made to your letter of October 14, 1943, enclosing a copy of S. 1433, for the relief of Clarence A. Giddens, and requesting a report on the merits of the bill.

This bill would authorize and direct the Secretary of the Treasury to pay to Clarence A. Giddens, of Orlando, Fla., an unstated amount "in full satisfaction of his claims against the United States (1) for compensation for the death of his daughter, Betty Lou Giddens, who died as a result of personal injuries sutained by her when an Army airplane crashed into the apartment of the said Clarence A. Giddens on June 5, 1943; (2) for compensation for personal injuries sustained by his daughter, Carol March Giddens, as a result of such accident; (3) for reimbursement of medical, hospital, and funeral expenses incurred by him as a result of such injuries and death; and (4) for compensation for loss and damage to his personal property as a result of such accident."

On June 5, 1943, at about 2:15 p. m., an Army airplane in attempting to take off from an Army airfield near Orlando, Fla., failed to gain sufficient power to leave the ground, crashed through a wire fence, crossed a highway and struck a house, and then struck a garage building owned by Mrs. Alice Inez Davidson in which Mr. Clarence A. Giddens and his family had an apartment. Mr. Giddens' two daughters, Betty Lou Giddens, 14 years of age, and Carol March Giddens, 12 years of age, were in the apartment at the time. The crash caused the Giddens apartment to catch on fire and Betty Lou Giddens was killed in the accident. Carol March Giddens was injured in the accident, but was rescued from the apartment and taken to the Orange General Hospital, Orlando, where she remained as a patient until June 16, 1943.

The evidence shows that the funeral expenses of Betty Lou Giddens amounted to $295, and that Mr. Giddens incurred hospital expenses for Carol March Giddens in the amojnt of $126 and medical expenses in the sum of $69.

Dr. H. M. Beardall, 147 East Church Street, Orlando, who treated Carol March Giddens, in a statement dated July 31, 1943, said:

"The following is my diagnosis and prognosis of Miss Carol Giddens, injured on June 5, 1943, by a falling and burning airplane. She entered the Orange

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