AFFIDAVIT STATE OF IOWA, County of Benton, ss: I, George E. Carl, being first duly sworn on oath do state that I am a resident of Belle Plaine, Benton County, Iowa. I would further state that I am at this time 21 years of age and that I was 21 years of age September 21, 1938. I would further state during the year 1935 I attended the C. M. T. C. at Fort Des Moines, Iowa, and that as near as I can recall I went there in the first part of July and remained there for 30 days. I was well and personally acquainted with Gene F. Dolak who I had known for some time prior to that time; as I recall Gene F. Dolak was at that time residing in Clinton, Iowa, but that he had resided in Belle Plaine, Iowa, for a period of years prior to that time and that is when I got well acquainted with him. I would further state sometime after we were at Fort Des Moines we were taken to the rifle range which is approximately 2 miles south of Fort Des Moines; that ordinarily they took the boys to the rifle range in the forenoon and they remained there that day, camped there that night and returned to Fort Des Moines the following day; at least that was the arrangement with us. That while we were at the rifle range we did the usual target practice. I would further state that shortly after breakfast on the second day we were at the target range that Gene F. Dolak was apparently resting or lying on the ground back of the mess tent, or kitchen tent as it was sometimes called, and that a number of the boys were mostly to the east of the mess tent tumbling and going through other maneuvers when an Army truck operated by an enlisted man in the Army drove around to the west side of the mess tent and in doing so ran over Gene F. Dolak; that I heard a groan or sound as if someone was in great pain and immediately ran over toward where the sound came from, as well as a number of other boys, and when I got there I saw Gene F. Dolak drop to the ground and at the same time was holding his stomach and we were informed that he passed away within a period of 5 or 10 minutes; that we were told that the right front wheel of the Army truck ran over him as the truck started to leave the mess tent; that I will state of my own knowledge and remembrance that I heard the truck driver state and he kept repeating that he did not see him and that he didn't mean to do it. That we were informed and that we understood that they put the truck driver in the guardhouse at that time and that during the night he was taken away from this Army post in a plane; that I would further state within approximately 10 minutes after this had happened I did not see the truck driver again, that he was taken by the officers and kept out of sight and I know that all of the rest of the boys would say the same thing and that we were never told where he was taken; that I was led to believe and so were the rest of the boys led to believe that the reason he was taken away by the Army authorities was to keep the civil authorities from getting him and taking care of his case under the laws of the State of Iowa; that I would further state that I have never learned since then what became of this truck driver or whether or not he was punished in any way for this accident. I would further state that I do know of my own knowledge that Gene F. Dolak had a perfect right to be lying on the ground where he was because we were told that we had a perfect right to be there and that the Army trucks had no right to be outside of the company streets and this was not a company street where this accident occurred; that I am convinced in my own mind that if the operator of the Army truck on that occasion had been careful or cautious that accident would never have happened; that I would further state that at mess time or meal time that a number of the boys would go around back of the mess tent and other places to eat and this would be exactly where and in the immediate vicinity of where this accident occurred. I would further state that I do know of my own knowledge that the customary place for unloading food at the mess tent was in front of the mess tent and from the company street and that if any one had the opportunity of observing the company street, the location of the mess tent, and the location in general at the time it would be very hard to imagine an Army truck back of the mess tent where it was on the occasion that it ran over and resulted in the death of Gene F. Dolak. I would further state it was a very common and customary thing to do for the boys to loaf and lie around where Gene F. Dolak was lying on this occasion because it was the territory and ground set apart for the boys to use and that the Army authorities instructed us that at leisure moments to use these grounds and to stay out of the company streets; that after all the place to be used by us at our leisure times was not a large place and it was necessary for us to be and for us to use this immediate place where this accident occurred; that during all of the time that I spent at the rifle range I did not see any other Army truck drive in back of the mess tent. I would further state that to the best of my recollection Gene F. Dolak was on kitchen police at this time because as I recall he was dressed as the boys always dress when they work on kitchen police. I would further state for the purpose of more clear explanation that Gene F. Dolak attended the Citizens Military Training Camp at Fort Des Moines, Iowa,' the same time that I did. I would further state that this affidavit is being made by me voluntarily and according to the facts and circumstances as I remember them. Dated at Belle Plaine, Iowa, this 5th day of July 1939. GEORGE E. CARL. Subscribed in my presence and sworn to before me by the said George E. Carl this 5th day of July 1939. [SEAL] VICTOR D. VIFQUAIN, Notary Public in and for Benton County, Iowa. AFFIDAVIT STATE OF Iowa, County of Benton, ss: I, Mrs. Joseph Dolak, Sr., being first duly sworn on oath do state that I am a resident of Benton County, Iowa, and have resided in said county for a long period of years. I would further state that I am 65 years of age and that I am the mother of Gene Dolak who departed this life on July 30, 1935. My son, Gene, attended the Citizens' Military Training Corps camp at Fort Des Moines, Iowa, in July 1935; at that time Gene was 18 years of age; I was informed at that time that an Army truck run over him while they were out at the rifle range and that the injury and death was on July 30, 1935. I would further state that no Army officer or anyone connected with the Army ever came to see me or to give me any direct information as to how his death occurred; I would further state that I never received any letter or written word from anyone in charge as to what the exact facts and circumstances were in regard to the accident and death of Gene Dolak. I would further state that we did call Fort Des Moines and talked with someone there and they attempted to make some explanation as to how it occurred but that we called other times and it seemed that each time a different story was told. I would further state that my husband, Joseph Dolak, Sr., repeatedly stated that we should not do anything about it because it was his own personal opinion that the Army would do what was right and take care of the loss in a fair way; that I would state that Rev Edward Flynn, Catholic priest. Belle Plaine, Iowa, also told us that it was his opinion that the Army would take care of this loss and adjust the same in a satisfactory way; therefore, being guided by these opinions nothing was done regarding the bringing or pressing of any claim against the United States Government for this loss and the reason for the long delay in doing what we are now doing was because we were of the opinion that the United States Army would adjust this loss and we have been waiting during this period for them to take some action to adjust and take care of this matter. I would further state that this affidavit is being made by me voluntarily and for the reason that I sincerely believe that some adjustment should be made for this loss and respectively pray that the United States Government will give it due consideration. Dated this 11th day of December 1939. Subscribed in my presence and sworn to before Dolak, Sr., this 11th day of December 1939. [SEAL] (Mrs.) JOSEPH DOLAK, SR. me by the said Mrs. Joseph VICTOR D. VIFQUAIN, Notary Public in and for Benton County, Iowa. FRANK D. EDINGTON, M. D. Fraser Building, Spencer, Iowa Belle Plaine, Iowa. VICTOR D. VIFQUAIN, Nov. 24, 1939. DEAR SIR: In answer to your letter of November 22, 1939, in regard to the injury and subsequent death of Gene Dolak at Fort Des Moines, Iowa, on July 30, 1935. I am sorry to state that I know nothing of the circumstances or conditions causing the accident. I remember the case, but as I was not on the investigating board at the time, I only know that he was brought to the station hospital Fort Des Moines, Iowa, by Army ambulance and the attendants said he was run over by one wheel of an Army truck and that he died soon after reaching the hospital. I do not remember the names of the ambulance driver or attendant so I am afraid that I could be of no help to you in establishing a claim. Accidents of this nature are investigated by a board of Army officers appointed for this purpose and they would be the ones to contact for the information you desire. Yours truly, (Signed) FRANK D. EDINGTON. This is to certify that I, Victor D. Vifquain, did receive the above and foregoing letter from Dr. Frank D. Edington, Spencer, Iowa, and that the above is a true and exact copy of the letter that I received and which I now have in my file. Dated this 8th day of December 1939. VICTOR D. VIFQUAIN, Attorney at Law, Belle Plaine, Iowa. STATE OF IOWA-DEPARTMENT OF HEALTH STANDARD CERTIFICATE OF DEATH County: Polk. State: Iowa. Registered No. F77–108. Township: Military reservation. City: Fort Des Moines-Army Post Hospital, 2. Full name: Gene Dolak. (a) Residence: 723 Tenth Avenue, Clinton, Iowa. 5. Single, Married, Widowed, or Divorced (write the word): Single. 5a. If married, widowed or divorced: Husband of -; (or) wife of 6. Date of birth (month, day, and year): January 22, 1917. 7. Age: 18 years, 6 months, 8 days. (If less than 1 day, minutes.) Occupation hours, or 8. Trade, profession, or particular kind of work done, as spinner, sawyer, bookkeeper, etc.: Citizens' Military Training Corps. 9. Industry or business in which work was done, as silk mill, saw mill, bank, etc.: Government. 10. Date deceased last worked at this occupation (month and year): 11. Total time (years) spent in this occupation: 12. Birthplace (city or town) (State or country): Boone, Iowa. 13. Name: Joseph Dolak. Father 14. Birthplace (city or town) (State or country): Bohemia. Mother 15. Maiden name: Anna Hrabak. 16. Birthplace (city or town) (State or country): Tama County, Iowa. 17. Informant: Joseph Dolak. (Address): Clinton, Iowa. 18. Burial Place: Catholic Cemetery, Chelsea, Iowa. Date: August 2, 1935. 19. Licensed Embalmer: E. Carl White, No. 1770. (Address): Des Moines, Iowa. 20. Filed: August 11, 1935. F. J. Alber, Registrar. Medical certificate of death 19-. 21. Date of death (month, day, and year), July 30, 1935. 22. I hereby certify, that I attended deceased from 19-, to I last saw him alive on July 30, 1935; death is said to have occurred on the date stated above, at 11:10 a. m. The principal cause of death and related causes of importance in order of onset were as follows: Crushing injury to chest and upper abdomen. Date of onset: July 30, 1935. Contributory causes of importance not related to principal cause: Shock and internal hemorrhage. Was there an autopsy? No. 23. If death was due to external causes Accident. Date of injury: July 30, 1935. Moines, Iowa. Manner of injury: Run Crushing injury to chest. (violence) fill in also the following: Where did injury occur? Fort Des over by truck. Nature of injury: 24. Was disease or injury in any way related to occupation of deceased? No. FRANK D. EDINGTON, M. D., Fort Des Moines, Iowa. CERTIFIED COPY OF CERTIFICATE OF DEATH I hereby certify that I am commissioner of the Iowa State Department of Health and as such commissioner, am State registrar of vital statistics. I further certify that as said registrar I am the legal recipient of the original certificates of death returned under chapter 114, code of Iowa, 1935. I further certify that the foregoing certificate of death of Gene Dolak is a true and correct copy from the original on file in this office. Witness my hand and official seal hereunto attached this 20th day of December 1939. [SEAL] O WALTON S. BISSKING, By MAYO TOLMAN, APRIL 11 (legislative day, APRIL 8), 1940.-Ordered to be printed Mr. SCHWARTZ, from the Committee on Claims, submitted the following REPORT "To accompany S. 881] The Committee on Claims, to whom was referred the bill (S. 881) for the relief of Dr. Hugh G. Nicholson, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: On page 1, line 9, beginning with the word "Provided" strike out the remainder of the bill and insert in lieu thereof 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 misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. This bill provides for the payment of $3,300 to Dr. Hugh G. Nicholson in full settlement of all claims against the Government of the United States for medical services rendered to the Indians of Alaska from June 5, 1929, to January 8, 1935. The Interior Department offers no objection to enactment of this bill. From June 5, 1929, to January 8, 1935, claimant rendered considerable medical service to the Indian wards of the United States Government at Sitka, Alaska. During this period there was no agreement with claimant by the Government to compensate him for his services. The Acting Secretary in his report indicates claimant did not receive remuneration for his services to the Indians during the years in question because governmental appropriations for medical relief in Alaska were insufficient. The $3,300 claimed in S. 881 is computed at the rate of $600 a year for approximately 5%1⁄2 years. Claimant's services estimated upon the basis of ordinary medical fees would total more than $6,000. Claimant is now in necessitous circumstances and failing health. |