The records of the War Department show that a Regular Army officer on duty at headquarters, Third Reserve District, Eugene, Oreg., as instructor of the Reserve officers in that area, arranged with the National Guard authorities stationed at Portland, Oreg., to fire an artillery problem on a tract of land, near Salem, Oreg., which he had leased for the purpose. Immediately adjoining this leased land was a tract of land occupied as a farm by Dan A. Tarpley. The range was inspected by the National Guard officer detailed to conduct the firing.

The firing was conducted on May 8, 1938, four 37-mm. guns being employed for the purpose. The targets were located halfway up a wooded hill with an estimated height of 125 feet above the gun positions, and in the direction of the Tarpley farm which was separated from the range by a fence just over the crest of the hill. Neither the range nor the area immediately adjoining it was policed after the firing for the purpose of locating and removing possible unexploded shells as required by existing regulations.

Subsequently, on May 29, 1938, Dan A. Tarpley and his sister were walking over the farm leased by him, lying directly south of the range, and when reaching a point due south of the targets, the sister picked up a 37-mm. dud on the crest of the hill and about 50 feet inside the Tarpley property. Not realizing its dangerous character, Dan A. Tarpley took the dud to the home of his parents, Ernest H. and Pearl Tarpley, where it was handled by various persons present, and when returned to Dan A. Tarpley was inadvertently dropped and exploded, causing the personal injuries complained of. On July 14, 1939, the Army medical officer examined the three persons named in the bill. In the medical officer's opinion, there probably will be some permanent disability in the case of Dan A. Tarpley, it being estimated that he was handicapped in his occupation of farmer 33 percent at the time of the examination, but with the passing of time his disability will become somewhat less.

With respect to the injuries sustained by Dan A. Tarpley, the following is the report of Dr. F. H. Thompson, of Salem, Oreg., dated January 31, 1940:

REPORT OF EXAMINATION OF DAN TARPLEY

SALEM, OREG., January 31, 1940.

Age: Twenty-three years. History of injury: This man states that, 10 miles southeast of Salem, he was injured in May (?) 1937, by an exploding shell, which he had picked up that the militia had fired on to his place.

Medical aid: He was attended by Drs. Morse and Wood at the Salem General Hospital. He was at the hospital 2 or 3 weeks and under their care for 2 or 3 months.

Present complaints: The left ankle locks and becomes very painful. The scar of the ankle is painful. He has a constant aching in both feet and a very early fatigue in the feet that makes it impossible to work a full day. The heels get tender directly under the pads of the heels and become quite sore on walking. He has some tingling in the right foot if the scar is touched.

Examination: This man's right foot shows a scar on the inner aspect at the beginning of the longitudinal arch and a scar on the inner aspect, extending back and across the attachment of the tendon of Achilles. The left foot shows a longitudinal scar beneath the internal malleolus and one of the extensor tendons riding over the edge of the tendon groove. This can almost be displaced forward on examination, and in my opinion is the thing that causes the locking of the left ankle. I believe this tendon slips out of place and the ankle locks, and then on movement with a snap it goes back into position and permits of movement of the ankle. The

longitudinal scar of the right foot and the scar of the left foot are hypersensitive to touch, indicating impingement of nerve fibrals in scar tissue.

Summary and conclusion: The condition of this man is fixed and permanent, which no doubt prevents an ordinary full day of work and is a considerable disability to him.

F. H. THOMPSON, M. D.

The medical officer reports that there was no disability in the case of Ernest H. Tarpley, who bore a small scar above his left eye where he says a small steel fragment entered, and it was not expected that he would have a future handicap or disability, but there is a possibility. The following is a statement made by Drs. Findley, Clement, Baum & Thompson, of Salem, Oreg.:

EXAMINATION OF MR. E. H. TARPLEY-MAY 3, 1939

SALEM, OREG., May 4, 1939.

Mr. Tarpley states that on May 29, 1938, a shell which was dropped on the floor exploded and a piece of steel struck him in the face and entered between the left eye and his nose. Since that time he has noticed a purulent discharge from the nose, particularly on the left side. The vision of the left eye has not been materially affected.

I have taken X-ray photographs of Mr. Tarpley's head, which I enclose, and these show a piece of steel lodged in the left orbit about 11⁄2 inches back from the surface and in contact with the left ethmoid cells. On looking into his nose I find a purulent discharge from the anterior ethmoid region on the left side. Drs. FINDLEY, CLEMENT, BAUM & THOMPSON, By Dr. BAUM.

In the case of Mrs. Pearl Tarpley the medical officer reports that because of inherent congenital nervous defect, there probably will be permanent disability, it being estimated that she is handicapped perhaps 25 percent in her occupation as housewife. Her condition should not become worse, but it may remain the same, become better, or worse. Doctor Baum, of Salem, Oreg., states, however, that as a result of the explosion Mrs. Tarpley suffered the loss of hearing in each ear which amounts to approximately 50 percent. Doctor Baum's statement is as follows:

EXAMINATION OF MRS. E. H. TARPLEY-MAY 3, 1939

SALEM, OREG., May 4, 1939. Mrs. Tarpley states that she is hard of hearing in each ear and that she suffers from burning sensations and pains in the ears which symptoms are expecially troublesome when riding in a car or when she is subjected to any vibration or movement.

On May 29, 1938, Mrs. Tarpley was close to a shell which exploded when dropped on the floor, and the concussion from the explosion caused her present trouble.

On examining Mrs. Tarpley's ears I find that both ear canals and both ear drums show no particular change from normal. This finding is to be expected from the history as exposure of the ears to concussion would not necessarily damage the ear drums but would affect the hearing mechanism of the internal ear and produce changes there which are not visible. I have tested her hearing with the audiometer and am attaching a chart showing the loss of hearing in each ear which amounts to approximately 50 percent.

DRS. FINDLEY, CLEMENT, BAUM & THOMPSON. By DR. BAUM.

It appears from the record that Ernest H. Tarpley presented a claim to the State of Oregon for injuries suffered by his son, Dan A. Tarpley, but made no claim on behalf of either his wife or himself. Apparently upon the theory that the State's officers or agents were partly responsible for the accident, the legislature appropriated the sum of

$554.17 for the hospital and medical treatment and loss of time and earnings of Dan A. Tarpley which was duly paid.

This payment has been taken into consideration by your committee in recommending payment of these claims, and the amount has been deducted from the amount originally asked for in the bill for the relief of Dan A. Tarpley.

Secretary Woodring reports that it is the view of the War Department that, notwithstanding possible responsibility for the accident on the part of the National Guard officer actually conducting the firing, the failure of the Regular Army officer to select a proper area for the range and to police it after the firing was the major factor contributing to the happening, and under the circumstances, the Department will interpose no objection to the proposed legislation for the relief of the three members of the Tarpley family.

The facts are fully set forth in the following communications, which are appended hereto and made a part of this report:

WAR DEPARTMENT, Washington, March 22, 1940.

Hon. EDWARD R. BURKE,

Chairman, Committee on Claims,

United States Senate

DEAR SENATOR BURKE: Careful consideration has been given to the bills S. 3388 (76th Cong., 3d sess.) for the relief of Dan A. Tarpley: S. 3389 (76th Cong., 3d sess.) for the relief of Ernest H. Tarpley; and S. 3390 (76th Cong., 3d sess.) for the relief of Pearl Tarpley, which you transmitted to the War Department under dates of February 23, 1940, February 20, 1940, and February 20, 1940, respectively with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Dan A. Tarpley, Ernest H. Tarpley, and Pearl Tarpley, all of Rickreall, Oreg., the sums of $2,500, $500, and $1,000, respectively, in full satisfaction of their claims against the United States on account of personal injuries sustained by them when a 37-mm. shell exploded in the home of Ernest H. Tarpley on May 29, 1938, at Rickreall, Oreg., such shell having been shot onto the farm of Dan A. Tarpley by National Guard men in carrying out an artillery problem, but which remained unexploded until Dan A. Tarpley, not realizing its dangerous character, carried it into the home of Ernest H. Tarpley where it was inadvertently dropped and exploded.

A Regular Army officer on duty at headquarters, Third Reserve District, Eugene, Oreg., as instructor of the Reserve officers in that area, arranged with the National Guard authorities stationed at Portland, Oreg., to fire an artillery problem on a tract of land, near Salem, Oreg., which he had leased for the purpose. Immediately adjoining this leased land was a tract of land occupied as a farm by Dan A. Tarpley. The range was inspected by the National Guard officer detailed to conduct the firing.

The firing was conducted on May 8, 1938, four 37-mm. guns being employed for the purpose. The targets were located halfway up a wooded hill with an estimated height of 125 feet above the gun positions, and in the direction of the Tarpley farm which was separated from the range by a fence just over the crest of the hill. Neither the range nor the area immediately adjoining it was policed after the firing for the purpose of locating and removing possible unexploded shells as required by existing regulations.

Subsequently, on May 29, 1938, Dan A. Tarpley and his sister were walking over the farm leased by him, lying directly south of the range, and when reaching a point due south of the targets, the sister picked up a 37-mm. dud on the crest of the hill and about 50 feet inside the Tarpley property. Not realizing its dangerous character, Dan A. Tarpley took the dud to the home of his parents, Ernest H. and Pearl Tarpley, where it was handled by various persons present, and when returned to Dan A. Tarpley was inadvertently dropped and exploded, causing the personal injuries complained of.

On July 14, 1939, an Army medical officer examined the three persons named in the bills. In the medical officer's opinion, there probably will be some perma nent disability in the case of Dan A. Tarpley, it being estimated that he was handicapped in his occupation of farmer 33 percent at the time of the examination, but with the passing of time his disability will become somewhat less.

There was no disability in the case of Ernest H. Tarpley, who bore a small scar above his left eyeball where he says a small steel fragment entered, and it was not expected that he would have a future handicap or disability, but there is a possibility. Because of inherent congenital nervous defect, there probably will be permanent disability in the case of Mrs. Pearl Tarpley, it being estimated that she is handicapped perhaps 25 percent in her occupation as housewife. Mrs. Tarpley's condition should not become worse, but it may remain the same, become better, or worse.

Ernest H. Tarpley presented a claim to the State of Oregon for injuries suffered by his son, Dan A. Tarpley, but made no claim on behalf of either his wife or himself. Apparently upon the theory that the State's officers or agents were partly responsible for the accident, the legislature appropriated the sum of $554.17 for the hospital and medical treatment and loss of time and earnings of Dan A. Tarpley, which was duly paid.

It is the view of the War Department that, notwithstanding possible responsibility for the accident on the part of the National Guard officer actually conducting the firing, the failure of the Regular Army officer to select a proper area for the range and to police it after the firing was the major factor contributing to the happening, and under the circumstances, the Department will interpose no objection to the proposed legislation for the relief of the three members of the Tarpley family. However, in whatever measure is enacted into law, it is felt that consideration should be given to the award made Dan A. Tarpley by the State of Oregon and an appropriate deduction made from the amount therein provided for, if such has not already been done.

Sincerely yours,

HARRY H. WOODRING,
Secretary of War.

STATE OF OREGON,

County of Marion, ss:

I, Dan A. Tarpley, who being first duly sworn, depose and say that on Sunday, May 29, 1938, we (my sister, Eilleen, and I) walked up on the hill on the Beach Farm. I am the tenant renting the Beach Farm. Eilleen picked up the bullet and brought it to me and asked what it was, but I didn't know. This bullet was about 1 inch in diameter and about 3 inches long and pointed at one end and plainly showed rifling marks. We brought it down here to the house and then we decided we would take it over 3 miles north of Rickreall and show it to the folks. We found it about 10 or 10:30 a. m. We took it home about 12:30 or 1 p. m. We had dinner and had three guests and four of the family. After a little while we thought that would be quite a novelty to show them the bullet, and we passed it around in the circle and everybody looked at it, held it, and commented on it. About that time it came back to me and I laid it up on the mantel and I took it down again and started throwing it back and forth from one hand to the other and catching it and then I missed it and it hit the floor and we heard a big blast.

After the explosion my feet and ankles were cut, bruised, and powder-burned. My father, E. H. Tarpley, was cut over the eye. Dr. W. J. Page was called between 3 and 4 p. m. Those present in the room at the time of the explosion were: Jean Baumgartner, Blanche Baumgartner, Mabel Baumgartner, E. H. Tarpley (father), Mrs. E. H. Tarpley (mother), Eilleen Tarpley (sister), and myself, Dan A. Tarpley. In addition to myself and my father, Blanche Baumgartner had a slight cut on her right ankle. There were no other injuries beside the three mentioned above.

The explosion caused several holes in the floor over an area of approximately 2 square feet and the wall-paper was damaged in approximately a dozen places by the penetration of flying pieces and the rug was frayed along one edge for a distance of about 15 inches. A straight oak chair had one front cross rung broken and was scarred in a number of places. My right shoe (oxford) was practically blown off my foot and the shoe was badly torn by flying pieces and my left shoe was badly cut. My trouser legs were filled with holes up to approximately the knee.

I discussed with Major May the location picked on the aerial photograph as the location where the bullet was found and agree that that is the location.

Due to my lack of knowledge of these things and the fact that the bullet showed riffe marks on the outside of it, I believed it was as harmless as a rifle bullet. I didn't know that bullets of this size exploded or were built so that they would explode after they had been fired.

I have the parts of this bullet which were picked up after the explosion, and am preserving this for future reference.

Prior to the artillery fire on May 1, 1938, no one asked my permission to fire on the property I am renting or near the property I am renting.

DAN A. TARPLEY.

Subscribed and sworn to before me this 10th day of May 1939. [SEAL]

My commission expires February 26, 1941.

STATE OF Oregon,

County of Marion, ss:

OTTO K. Paulus, Notary Public for Oregon.

I, Blanche Baumgartner, being first duly sworn, on oath depose and say: That I am a resident and inhabitant of Marion County, Oreg., and that I am more than 21 years of age; that I was present in the Ernest H. Tarpley residence near Rickreall, Polk County, Oreg., on the 29th day of May 1938, when a high-explosive shell exploded causing injuries to Ernest H. Tarpley, Dan A. Tarpley, and Pearl Tarpley; that I was acquainted with Pearl Tarpley for approximately 5 years prior to the 29th day of May 1938, and that prior to said date her hearing appeared normal and she did not seem to suffer from any nervous disorder whatsoever.

BLANCHE BAUMGARTNER.

Subscribed and sworn to before me this 10th day of May 1939. [SEAL]

My commission expires February 26, 1941.

STATE OF OREGON,

County of Marion, ss:

OTTO K. PAUlus, Notary Public for Oregon.

I, Ernest H. Tarpley, being first duly sworn, on oath depose and say: That I am a resident and inhabitant of Polk County, Oreg., and that I am about 50 years of age; that on the 29th day of May 1938, in my family home at Rickreall, Polk County, Oreg., a high-explosive shell exploded causing injuries to my son, Dan A. Tarpley, and my wife, Pearl Tarpley, and to myself; that my injury consists of a shell fragment penetrating about 11⁄2 inches into the left orbit where it remains; that shell fragments tore holes in the floor and walls and destroyed furniture in the amount of $40; that Blanche Baumgartner and Jean Baumgartner were present in the room with other persons, but that there were no injuries caused to any persons other than my son, my wife, above-named, and myself.

ERNEST H. TARPLEY.

Subscribed and sworn to before me this 10th day of May 1939. [SEAL]

My commission expires February 26, 1941.

STATE OF OREGON,

County of Marion, ss:

OTTO K. PAULUS, Notary Public for Oregon.

I, Pearl Tarpley, being first duly sworn, on oath depose and say: That I am a resident and inhabitant of Polk County, Oreg., and that I am about 47 years of age; that I was in the room of the family home near Rickreall, Polk County, Oreg., on the 29th day of May 1939, when a high-explosive shell exploded in the room causing injuries to Ernest H. Tarpley, my husband, Dan A. Tarpley, my son; that prior to said date I had normal hearing in both ears and did not suffer from any nervous condition; that since said date I am hard of hearing in each ear and suffer pain in each ear when riding in a car or subjected to vibration.

PEARL TARPLEY.

Subscribed and sworn to before me this 10th day of May 1939. [SEAL]

My commission expires February 26, 1941.

OTTO K. PAULUS, Notary Public for Oregon.