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AFFIDAVIT

My name is Ethel M. Kaplan. I am a citizen, married to Nathan Kaplan, and we live at 330 Allen Street, New Bedford, Mass. My occupation is housewife. On October 27, 1932, I was riding on the right-hand side of the front seat of the Dodge sedan being operated by my husband. It was raining and the streets were wet. At about 11:40 a. m. we were approaching the intersection of Rockdale Avenue traveling west on Allen Street. As we arrived at the intersection there was no vehicle in sight that was approaching from the south. Mr. Kaplan crossed Rockdale Avenue, a 40-foot intersection, and proceeded to turn into a gas filling station on the southwest corner.

A United States Government G. M. C. truck traveling north sideswiped our sedan, the place of the accident being on his left-hand side of the street, and then proceeded west on Allen Street 279 feet after losing a left rear tire and rim and going through a hedge and back again onto the street.

The driver of the truck stated to the police officers that he had been eating a sandwich and that he did not see us until he was about to strike our sedan.

As a result of the accident I received a lot of bruises, general shaking up, and a blow to the stomach from the effects of which I suffered until well into the following January. I was treated by Dr. S. K. Segall who made 18 visits in all and finally discharged me as cured on January 30, 1933.

The view was unobstructed and we were not in the side of the road on which north-bound traffic should travel. The Army truck was traveling northerly and should not have struck us. There was nothing that Mr. Kaplan could do to avoid being sideswiped.

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My name is Samuel K. Segall, residing at 179 William Street, New Bedford, Mass. I am a physician, duly licensed and doing a general practice in New Bedford since 1912. I am a graduate of Tufts College Medical School with an interneship at Boston City Hospital and commenced practice in 1912.

Call: On October 27, 1932, I was called to the home of Mr. and Mrs. Nathan Kaplan at 330 Allen Street, New Bedford, and found Mrs. Ethel Kaplan in bed suffering from apparent shock.

Complaint: Complained of pains in her abdomen, headache, nausea, and vomiting.

Examination: Physical examination revealed a pale, anemic woman apparently in great pain.

Head negative to lacerations or abrasions.

Eyes, ears, nose, teeth, and throat negative.

Chest painful to pressure, very tender over breasts.

Right arm bruised near the elbow. Abdomen very tender to pressure. Complained of severe pains all over abdomen. Vomited during examination. Pelvis very tender to touch, began to menstruate, although not due. This bleeding continued until some time in January 1933.

Extremities negative.

Diagnosis: Multiple contusions, general shaking up, internal injuries to abdomen, consistent with the history I obtained that she had been in an automobile accident that day and had received injury.

Treatment: Rest in bed, sedatives given, and general supervision.

I treated her from October 27, 1932, to January 30, 1933, a total of 18 visits, at $3, amounting to $54.

At the same time and place on October 27, 1932, I saw Nathan Kaplan, who gave a history of being involved in the same automobile accident and upon examination found abrasions and lacerations of the left ear, he also complained of headaches, all of which I found to be consistent with injuries received in the

automobile accident. I treated Mr. Kaplan twice for his injuries. My bill for Mr. Kaplan is $6.

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My name is Michael J. Brennan, residing at 85 Liberty Street, New Bedford, Mass. I am a regular police officer of the city of New Bedford and have been since 1916.

On August 27, 1932, at about 11:40 a. m., I was on duty in a cruising car and came upon an accident which had occurred at the intersection of Rockdale Avenue and Allen Street in New Bedford.

From conversation I had with the parties in the presence of each other I obtained the following facts:

Walter Woodman, age 21, driving for 2 years, a member of Company G, Thirteenth Infantry, stationed at Fort Adams, R. I., operating a G M C truck bearing registration number 29042, was traveling north of Rockdale Avenue.

Nathan Kaplan, of 330 Allen Street, New Bedford, owner and driver of a Dodge sedan, was traveling west on Allen Street and in the car with him was his wife, Ethel M.

Kaplan came into the intersection and had gone to the westerly side and was about to turn into a gasoline filling station situated on the southwest corner of Rockdale Avenue and Allen Street, when Woodman, who was driving north on Rockdale Avenue, sideswiped the Kaplan car, turning the Dodge completely around.

The left rear tire and rear of the Army truck came off and the truck continued westerly on Allen Street for a distance of 279 feet from the point of collision, going up onto a sidewalk on the north side, running over a hedge and into the road again. Woodman said that he was eating a sandwich and driving his truck at the same time. He said that he was going between 20-25 miles per hour at the time of the collision. His reason for going 279 feet to stop was that he had taken his time about stopping.

In the presence of Earle Lewis, a Massachusetts motor-vehicle inspector, I had Woodman apply the brakes on the Army truck and found the same to be defective, in that the foot brake went right to the floor and apparently had no great influence in stopping the car.

Mr. Kaplan received a cut on the left ear and Mrs. Kaplan complained of a blow in the stomach and bruises on her right arm.

I placed Walter Woodman under arrest and charged him with operating to endanger, and also for operating with defective brakes. When the case came up in court an officer from Fort Adams appeared and requested the court to release the defendant, and stated to the court that the Army would compensate the injured parties for their damages, as a result of which the cases were filed against Woodman and he was discharged.

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MICHAEL J. BRENNAN.

NEW BEDFORD, May 31, 1939.

Then personally appeared the above-named Michael J. Brennan and made oath that the above statement by him subscribed is true, before me.

[SEAL]

SOLOMON ROSENBERG, Notary Public.

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Mr. TOWNSEND, from the Committee on Claims, submitted the

following

REPORT

[To accompany H. R. 7306]

The Committee on Claims, to whom was referred the bill (H. R. 7306) for the relief of John R. Elliott, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

The facts are fully set forth in House Report No. 1642, Seventysixth Congress, third session, which is appended hereto and made a part of this report.

[H. Rept. No. 1642, 76th Cong., 3d sess.]

The Committee on Claims, to whom was referred the bill (H. R. 7306), for the relief of John R. Elliott having considered the same report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to authorize and direct the Comptroller General of the United States to allow credit in the accounts of John R. Elliott, former disbursing clerk, Division of Disbursement, Treasury Department, in the sum of $97, representing the amount disallowed in the accounts of the said John R. Elliott because of a payment made to Sheldon Gent, as guardian of Forest Gent, incompetent.

The bill was introduced at the request of the Acting Secretary of Agriculture, and the details are fully set forth in his letter to the Speaker of the House of Representatives, dated June 28, 1939, which letter is appended hereto and made a part of this report. There is also appended hereto a report from the Treasury Department and one from the Comptroller General, giving their views on the proposed legislation.

The committee has a complete file on this claim which it feels it is unnecessary to include, due to the voluminous nature thereof.

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DEPARTMENT OF AGRICULTURE,
Washington, June 28, 1939.

The honorable the SPEAKER OF THE HOUSE OF REPRESENTATIVES.

DEAR MR. SPEAKER: There is submitted herewith for consideration of the Congress a draft of a proposed bill for the relief of John R. Elliott, former Disbursing Clerk, Division of Disbursement, Treasury Department.

The bill would authorize and direct the Comptroller General of the United States to allow credit in Mr. Elliott's accounts the sum of $97, representing the amount disallowed by the General Accounting Office because of a payment made to Sheldon Gent, as guardian of Forest Gent, incompetent, such guardianship not having been established to the satisfaction of that office.

The facts in the matter are, briefly, as follows:

For several years prior to 1934 Sheldon Gent lived with his father, Forest Gent, on a farm located in Greenwood Township, Hennepin County, Minn., which was formerly owned by Forest Gent. This farm was some time ago subject to a mortgage which had been foreclosed and Forest Gent and his son, Sheldon, continued to live on the place through sufference of the mortgage holder. On complaint of the son, Forest Gent was adjudged insane and committed to the Rochester State Hospital at Rochester, Minn., on August 9, 1934. On September 12, 1934, he was transferred to the Anoka State Asylum, where he died on May 19, 1935. The order of the Probate Court of Hennepin County, dated August 9, 1934, does not show that a guardian or committee was appointed by the court.

It appears that at the time of his commitment Forest Gent was the owner of five cows which had been the sole source of income for himself and Sheldon Gent for many months prior thereto. No crops had been raised during 1934 and Sheldon Gent had to dispose of these cattle because he had produced no feed for them and the drought of that year had destroyed whatever grazing might otherwise have been available.

Under the provisions of the Emergency Appropriation Act, fiscal year 1935, approved June 19, 1934 (48 Stat. 1056), there was instituted a program for the relief of farmers in the drought-stricken area by the purchase of cattle which could not, because of the acute shortage of feed, be maintained by the owners. Under this program Sheldon Gent sold to the Secretary of Agriculture the five cows belonging to his father. He signed "Public Voucher and Emergency Cattle Agreement" on September 5, 1934, in his own name, as "Guardian for Forest Gent." The cattle were delivered to the representatives of the Secretary and the voucher was certified for payment in the amount of $97. Check No. 191865, was issued to Sheldon Gent, guardian for Forest Gent, by John R. Elliott on September 10, 1934, and delivered to the payee, who endorsed it as drawn, on the assumption that he was in fact such guardian, the proceeds being applied to his personal use.

In attempts to secure evidence of Sheldon Gent's authority to act as guardian for Forest Gent it was ascertained that such authority existed only because of his capacity as de facto custodian of the cattle which, apparently, constituted the entire personal estate of his insane father. At the time of Forest Gent's death there survived two daughters, these being Mrs. Mayer Wittenberg, nee Gent, then residing in Erie, Pa., and Kathleen Gent, an inmate of the Warren State Hospital (insane asylum) at Warren, Pa. Efforts to secure waivers from these persons to any claim they might have for a share of the proceeds of the sale of the cattle have proved unavailing. Kathleen Gent was committed to the hospital in 1931 on a physician's certificate. No guardian was appointed and the superintendent of the hospital states that he has no authority to act in her behalf. Mrs. Wittenberg is indifferent about the matter and does not reply to our requests for assistance in clearing the matter. The last known address of Sheldon Gent was Lake Geneva, Wis., where, as of September 23, 1935, he was working on a farm for $15 per month. Even if he were so inclined, he is not in a position to refund the amount of the technically erroneous payment.

For the further information of the Congress in the consideration of this case there are enclosed the following documents:

1. Copy of "Public voucher and emergency cattle agreement."

2. Photostat copy of check No. 191865, dated September 10, 1934.

3. Photostat copy of report dated October 3, 1935, by F. É. Wilson and Roy D. Plato.

4. Photostat copy of statement by Sheldon Gent, dated September 23, 1935. 5. Photostat copy of statement by Perry D. Ball, dated September 9, 1935. 6. Copy of letter dated October 13, 1938, from Mrs. M. Wittenberg. 7. Copy of order of probate court dated August 9, 1934, copy of order of transfer and copy of certificate of death of Forest Gent, and certificate of clerk of probate court.

It may be stated that during the course of the relief program, payments were made, covering the purchase of cattle in the drought area, involving approximately 858,000 vouchers and $111,550,000, and it is believed that all cases to which the General Accounting Office has taken exception, other than the one now under

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