The facts are fully set forth in the following communications, which are appended hereto and made a part of this report. DEPARTMENT OF THE INTERIOR, Hon. M. M. LOGAN, Chairman, Committee on Claims, United States Senate. MY DEAR MR. CHAIRMAN: Further reference is made to your request of January 24 for a report on S. 881, a bill for the relief of Dr. Hugh G. Nicholson. Dr. Nicholson rendered considerable medical service to natives of Alaska from June 5, 1929, to January 8, 1935, for which S. 881 proposes to compensate him in the sum of $3,300. This amount is computed at the rate of $600 per annum for approximately 5%1⁄2 years. During no part of that period was there any agreement with him by the Office of Education (formerly in charge) or by the Office of Indian Affairs. His services, I am forced to assume, were prompted by sympathy for the natives and a realization of their great need. Undoubtedly, Dr. Nicholson feels that he has a just claim againt the United States for services rendered to the Indians at Sitka, inasmuch as these Indians are wards of the Government, and the Government, during the same period as that covered by his claim, paid for medical services rendered to Alaska Indians in other communities. Our files indicate that the reason Dr. Nicholson did not receive remuneration for his services to the Indians during the years in question was that the appropriation for medical relief in Alaska was insufficient. If your committee, after considering all of the facts in connection with this claim, decides that Dr. Nicholson is entitled to relief, this Department will interpose no objection to the enactment of S. 881. Sincerely yours, E. K. BURLEW, Acting Secretary of the Interior. TRUE COPY OF AUTHENTICATED STATEMENT BY DR. HUGH G. NICHOLSON WHICH IS ON FILE IN OFFICE OF HOUSE COMMITTEE ON CLAIMS Résumé of professional work done by Hugh G. Nicholson, M. D., for the natives at Sitka, Alaska, between the dates of June 5, 1929, and January 8, 1935: This compilation is made from my records for a period of 39 months only, but should be a cross section of the whole period as there were more natives living in Sitka upon my early arrival there than when I left Alaska. In doing this work two things were considered: Notably, no other physician and surgeon was available nearer than Juneau, a distance in time of from 18 to 24 hours by boat. Many of the cases were of urgent emergency and no true physician could have turned them down. In fact, I never refused to make a call when money was not forthcoming. Although I was promised nothing from the Board of Indian Affairs for the work done for the natives I always hoped enough money would be appropriated to them to justify them in appointing me as a part-time physician. In fact on January 8, 1935, this was done at a monthly salary of $50 which was later increased to $75 when they realized how much work I was doing for them. I am basing my total on the following fees: Office calls.. School examinations with patient stripped, including urinalysis and Mantoux test in examination.. $2 2 3 10 25 25 10 5 50 50 10 3 5 2 I kept an accurate record of all patients' names, nature of illness, and service rendered. On this basis covering a period of 39 months I did a total of $6,886 in work done, or an average of $176.56 monthly. The fees as listed are much lower than my regular charge would have been in private practice, and I do not think I have been too high in making them. If the Government should see fit to so compensate me I would certainly appreciate the same. The above is an accurate and fair account of the matter. HUGH G. NICHOLSON, M. D. Personally appeared before me on this the 10th day of October 1939, and I being a notary public for and in San Diego County, Calif., Hugh G. Nicholson, M. D., of Pacific Beach, Calif., and after being duly sworn subscribes to the above statement and says the same is true to the best of his knowledge and belief. Hon. ANTHONY J. DIMOND, Notary Public. PACIFIC BEACH, CALIF., March 26, 1940. House of Representatives, Washington, D. C. DEAR MR. DIMOND: My husband, Dr. Hugh G. Nicholson, is ill. I am writing without his knowledge to inquire about the bill you presented for him for 5% year's work among the natives of Sitka without remuneration. If any action had been taken I know you would have advised us. Dr. Nicholson is suffering from multiple neuritis. He does not receive a pension for war service, as his illness is not of service origin. He did not apply for the bonus. He worked in Sitka during the years of depression when all salaries were cut to a minimum. The people of the town were barely existing and naturally could not pay a doctor. Among the natives the work was especially heavy. Flu, pneumonia, a number of broken limbs, mastoids, difficult labors, and other conditions demanding the skill of an expert surgeon. No doctor with a heart could refuse to attend such cases. In one instance his very life was threatened. The wife of Richard Peters, a young Indian, was desperately ill from a retained placenta following a miscarriage. An operation was imperative. There were no hospital facilities. While Dr. Nicholson was operating, the nurse giving the anesthetic under his direction, a crowd of older Indians surrounded the house threatening to kill him if the young wife died. They did not understand the necessity. Hundreds of calls, both day and night, in weather that only we Alaskans can appreciate have contributed to his present physical condition. In all office work Dr. Nicholson used his own personal dressings, sheets and other linen. As his office assistant (I am not a nurse) I can assure you the bills, especially the laundry, ran high. Inasmuch as Dr. Nicholson will never be able to work again and as our income is hardly adequate, I am writing to ask if anything further can be done toward payment of this claim. The Bureau of Indian Affairs was without sufficient funds to carry on the work at that time. Since the great need for help to the natives of Alaska has been recognized in Washington, through your efforts, I hope further recognition will be extended to Dr. Nicholson for his years of unselfish service. APRIL 11 (Legislative day, APRIL 8), 1940.-Ordered to be printed Mr. TOWNSEND, from the Committee on Claims, submitted the following REPORT To accompany S. 34001 The Committee on Claims, to whom was referred the bill (S. 3400) for the relief of Capt. Robert W. Evans, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: At the end of the bill add the following: 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 misde meanor and upon conviction thereof shall be fined in any sum not exceeding $1,000 This bill, which has the favorable recommendation of the War Department, provides for the payment of $77 to Capt. Robert W. Evans, commanding Headquarters Company 878, Civilian Conservation Corps, Work Camp SCS-37-T, as a refund of amount paid by him to make good a shortage resulting from robbery of safe in said camp on the night of June 30, 1939. The records of the War Department show that on June 30, 1939, at about 4:15 p. m., Capt. Robert W. Evans, Coast Artillery Reserve, the commanding officer of Civilian Conservation Corps Company 878, Camp SCS-37-T, Waxahachie, Tex., acting as agent officer for the finance officer, Fort Sam Houston, Tex., began paying the enrollees of the company their cash allowance for the month of June 1939. Payment was completed at about 4:45 p. m., at which time there remained unpaid in Captain Evans' custody $77 in public funds. Regulations in effect at that time required that pay-roll money remaining on hand on completion of paying be returned to the finance officer, Fort Sam Houston, Tex., by postal money order within 24 hours after payment is made. In view of the lateness of the hour, it was impracticable to convert the cash into a postal money order, as the money-order window of the nearest post office closed at 5 p. m. The public funds in the amount of $77 were placed in an envelope marked "Finance Officer, Fort Sam Houston, Tex.," and this envelope together with other envelopes containing company and camp-exchange funds, was placed in the company safe, and the safe locked by Captain Evans. The safe, which was a cast-iron one furnished by the Government for the safekeeping of public funds and other valuables entrusted to the care of the company commander, was located on the floor of the company office and was chained to the sill under the office floor. The safe was equipped with a key lock, and the key was at all times in the possession of Captain Evans. upon At about 7:10 a. m., July 1, 1939, Captain Evans went to the safe in which he had placed the public funds and other cash the evening before and found the door of the safe closed but unlocked, and opening the safe found the several envelopes containing cash missing. Immediately upon ascertaining the entire loss sustained, Captain Evans conducted an investigation, and notified the district commander and the Federal and State law-enforcement agencies. A board of officers which conducted an investigation found that the loss was not due to the fault or negligence of Captain Evans, but due to theft committed by a person or persons unknown on the night of June 30-July 1, 1939; and that Captain Evans exercised due care and complied with pertinent regulations governing the safe keeping and guarding of public funds entrusted to his care. The board recommended that Captain Evans be relieved of pecuniary responsibility for the loss of public funds and that he be absolved of any and all blame in connection therewith. The district commander approved the recommendations of the board, but the corps area commander disapproved of so much of the recommendations as relieved Captain Evans of pecuniary responsibility for the public funds lost. The amount of $77 was collected from Captain Evans and deposited on September 1, 1939, to the credit of the Treasury of the United States. The Secretary of War states that "Since it appears that Captain Evans exercised due care in the safekeeping of public funds and since the loss thereof was not due to his fault or negligence, the War Department recommends favorable consideration of the proposed legislation." The facts are fully set forth in the following communications, which are appended hereto and made a part of this report. Hon. EDWARD R. BURKE, WAR DEPARTMENT, Washington, March 29, 1940. Chairman, Committee on Claims, United States Senate. DEAR SENATOR BURKE: Careful consideration has been given to the bill S. 3400, Seventy-sixth Congress, third session, for the relief of Capt. Robert W. Evans, which you transmitted to the War Department under date of February 20, 1940, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Capt. Robert W. Evans, commanding Headquarters Company 878, Civilian Conservation Corps, Camp SCS-37-T, the sum of $77, as a refund of an amount paid by him to make good a shortage resulting from robbery of the company safe on the night of June 30, 1939. On June 30, 1939, at about 4:15 p. m., Capt. Robert W. Evans, Coast Artillery Reserve, the commanding officer of Civilian Conservation Corps Company 878, Camp SCS-37-T, Waxahachie, Tex., acting as agent officer for the finance |