hereby conferred on the Court of Claims to hear and determine the claims asserted in said suits de novo and without regard to any prior adjudication of the claims asserted therein, it being the intent hereby specifically to waive the effect as res judicata of the prior decisions of such court and of the United States Supreme Court on the claims asserted in said suits. The Court of Claims shall reinstate and retry said suits under such provisions of the Act of April 25, 1932 (47 Stat. 137), as are not in conflict herewith.

APRIL 30 (legislative day, APRIL 24), 1940.—Ordered to be printed

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

following

REPORT

[To accompany S. 217]

The Committee on Claims, to whom was referred the bill (S. 217) for the relief of Charles B. Payne, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendments:

On page 1, line 6, strike out the figures "$5,000" and insert "$1,000". On page 1, line 12, 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.

The bill, as amended, provides for the payment of $1,000 to Charles B. Payne, of San Felipe, N. Mex., in full satisfaction of all claims against the United States resulting from injuries sustained by James Wallace Payne, minor son of said Charles B. Payne, as a result of an attack made upon James Wallace Payne on September 20, 1934, by Pedro Velasquez, an insane Indian then living on the San Felipe Pueblo Reservation.

The records show that on September 25, 1934, James Wallace Payne, aged 12, the son of Charles B. Payne, who was employed as a teacher in the Indian Service and who was living in a building furnished by the United States Government on the San Felipe Pueblo, was visiting the station agent near the pueblo; that between 3 and 4 p. m., while the station agent was temporarily absent, James heard a noise in the rear of the old depot building; that when he went out to investigate he was attacked by Pedro Velasquez, apparently without

provocation; that he started running but was knocked down by a rock thrown by Velasquez; that the Indian overtook him and struck him several times on the head with a rock causing a fracture of the skull, and that the Indian was caught near the scene of the attack by Juan Rey, Indian policeman, and a group of men and lodged in the Bernalillo County jail that same day.

At a hearing before Judge Joseph Dailey, District Court of New Mexico, on September 29, 1934, the Indian was adjudged insane, was admitted to the State Hospital in Las Vegas, N. Mex., on October 1, and transferred to St. Elizabeths Hospital in Washington, D. C., on January 14, 1935.

It appears that Pedro Velasquez had suffered mental disorders for some time previous to the attack on young Payne, and that on one occasion he was isolated by the Indian council for the protection of the people living in the pueblo. In the report of the investigation made by Howard E. Moser, deputy special officer, the following statement is made:

We find that Pedro Valesquez had suffered mental disorders for some time previous to the attack. On one occasion his condition was such that he was taken from the pueblo and kept in a sheep camp some distance away for a considerable time. This action was taken by the Indian council for the protection of the people living in the pubelo. The people of the pueblo state that his actions were such that they were constantly in fear of him.

Following the accident the boy was admitted to the Santa Fe Indian Hospital on September 30, 1934, at 3 p. m., and was discharged as recovered on November 1, 1934. The physician attending him makes the following statement:

Mr. Charles Payne, father of James, brought the patient to hospital because of a traumatic injury to his son's head caused, he said, by Pedro Valesquer (psychotic Indian of San Felipe Pueblo) striking him in the head with a large rock. The boy, James, was examined by me and he had a soft area the size of a small orange on the side of the head where he stated he had been struck. It was neces sary, on admission, to aspirate blood in the amount of 25 cubic centimeters from the swollen area. The patient had severe headaches, temperature varying from 100°, pulse 56 on admission to pulse 96, temperature 99° on October 2. He had an elevation of temperature every day to 99° until October 28, 1934, when it became normal and remained so until he was discharged on November 1, 1934. X-ray of the head showed a fracture of skull in good position. He had pressure symptoms on admission, as was elicited by his spinal fluid which was under pressure when taken but contained no blood.

James Payne reported to me several times after his discharge from the hospital and complained of severe headaches. Physical examination of his nervous system each monthly visit showed him to have some residuals as a result of his accident; i. e., nervous symptons and inability to coordinate normally in walking.

In reporting on this claim the Acting Secretary of the Interior leaves the question as to whether the Government should assume liability, and compensate the father in behalf of the boy for the injuries received, to the determination of the committee.

The record clearly indicates that the boy was not a trespasser at the pueblo; that he was residing there with his father, who was regularly employed as a teacher at the San Felipe day school; that the Indian's mental condition was a matter of common knowledge, and that despite this knowledge the Indians of the pueblo, as representatives of the Government, failed to perform their duty in permitting him to remain at large.

It is

After considering all the facts, your committee feel that the Government should compensate the father for the injuries to his son. accordingly recommended that the bill, as amended, do pass. The facts are fully set forth in the following communications, which are appended hereto and made a part of this report.

Hon. M. M. LOGAN,

WASHINGTON, March 21, 1939.

Chairman, Committee on Claims, United States Senate.

MY DEAR MR. CHAIRMAN: Further reference is made to your request for a report on S. 217 for the relief of Charles B. Payne.

The claim of Mr. Payne, who is an employee of the United Pueblos Indian Agency, N. Mex., is based on injuries to his son, James W. Payne, resulting from an attack by Pedro Velasquez, an insane Indian from the San Felipe Pueblo. The incident occurred September 25, 1934, when James Payne, then 12 years of age, was visiting the station agent near the San Felipe Pueblo. That afternoon between 3 and 4 p. m. while the station agent was temporarily absent, James heard a noise in the rear of the old depot building. When he went out to investigate, he was attacked by Pedro Velasquez, apparently without provocation. James, according to statements of witnesses, started running but was knocked down by a rock thrown by Velasquez. The Indian overtook James and struck him several times on the head with a rock causing a fracture of the skull. The boy, unconscious, was taken to the Santa Fe Indian Hospital and attended by Dr. W. G. Lewis.

Pedro Velasquez was caught near the scene of the attack by Juan Rey, Indian policeman, and a group of men and lodged in the Bernalillo County jail that same day.

At a hearing before Judge Joseph Dailey, district court of New Mexico, on September 29, 1934, he was adjudged insane. The Indian was admitted to the State Hospital in Las Vegas, N. Mex., on October 1, and transferred to St. Elizabeths Hospital in Washington, D. C., on January 14, 1935.

It is reported that Pedro Velasquez had suffered mental disorders for some time previous to the attack on young Payne; that on one occasion he was isolated by the Indian council for the protection of the people living in the pueblo. Attached hereto are copies of reports in this case, as follows:

Report of investigation made by Howard E. Moser, special deputy officer. Statement by the injured party, James Payne.

Statement by Jose Trujillo, a witness of the attack.

Affidavit made by Mrs. Phillip Sandoval, a witness of the attack.

Report dated July 27, 1938, by Dr. W. G. Lewis, physician in charge at Winslow Indian Sanatorium, who handled this case.

Report of physical examination of James Payne by Nancy D. Campbell, M. D., on August 10, 1938.

Payne was admitted to the hospital September 30, 1934, and discharged as recovered November 1, 1934.

The question whether the Government should assume liability and compensate the father in behalf of the boy for the injuries received, and, if so, how much should be allowed, is left for the determination of your committee.

Sincerely yours,

HARRY SLATTERY, Acting Secretary of the Interior.

UNITED STATES INDIAN SCHOOL HOSPITAL

ALBUQUERQUE, N. MEX.

Report: Out-patient physical examination.

Name: Payne, James Wallace. Date: August 10, 1938.
Race: White. Physician: Nancy D. Campbell, M. D.

Age: 16 years.

General appearance: Patient is fairly well-developed white male of 16 years, with asthenic habitus. He has marked acne of the face, upper back, and shoulders. He appears to be reasonably alert. No evidence of impaired memory or emotional

disturbance could be elicited. Mentality is clear. His only complaint is of headaches which occur about once every 2 months, over the frontal region, and also very frequent nose bleeds, occurring several times a day.

Head and neck:

Eyes.-Pupils are equal and react to 1 and ac. Conjunctives clear and corneas are transparent. No paralysis of extraocular muscles. Slight astigmatism of the right eye, but vision is 20/20, both eyes.

Ears.-Canals are clean; drums are intact. No exudate. Hearing is acute. Nose. Septum is deviated to the left. The membrane is somewhat injected, and small varices are visible near the middle turbinate on the right. Mouth.-Tongue and membranes clean and moist. Tongue protrudes in midline without tremor. Gag reflexes active.

Throat. Small tonsillar tags, but pharynx otherwise clean.

Thorax: B/P: 130/70. Heart not enlarged. Apex beat, fifth interspace, midclavicular line. Sounds are of good quality; rate and rhythm regular, without

murmurs.

Abdomen: Abdomen is not enlarged; liver and spleen negative. No masses, tenderness, or rigidity. No defects of inguinal rings.

Genitalia: Normal male.

Extremities: No deformities; no varicosities or eruptions.

Test of special sense organs entirely negative. Vibratory senses not impaired. Impression: Entirely negative physical findings.

Recommendations: There is no way to prove or disprove whether headaches complained of at the present time are related to the injury of 4 years ago. X-ray of the skull was taken which shows no evidences of original fracture or bony changes attendant on same. Pituitary region is normal in appearance and there is no change in continuity of inner or outer tables of the skull.

Small varices of nasal membranes causing frequent nose bleeds have no relationship to any injury.

NANCY D. CAMPBELL, M. D.

REPORT OF INVESTIGATION BY HOWARD E. MOSER-JAMES PAYNE CASE, SAN FELIPE

The following_report_regarding the attack made on James Payne by Padro Valesquez, San Felipe Indian, September 25, 1934, is submitted for your information:

James Payne, aged 12 years at the time of the attack, was visiting at the home of Mr. Williams, near the San Felipe pueblo. In the afternoon between 3 and 4 o'clock, during Mr. Williams absence, Payne went in back of the buildings to investigate a noise. He was then hit by Valesquez. Payne started running, was overtaken by Valesquez, and severely beaten. He was found unconscious about 1 hour later.

Valesquez was caught near the scene of the accident by Juan Rey, Indian policeman, and a group of men headed by a Mr. Stephens, of the Soil Conservation Service, and lodged in Bernalillo county jail, same date.

Payne was taken to the Santa Fe Indian Hospital, and attended by Dr. Lewis. He was discharged as recovered on November 1, 1934.

We find that Pedro Valesquez had suffered mental disorders for some time previous to the attack. On one occasion his condition was such that he was taken from the pueblo and kept in a sheep camp some distance away for a considerable time. This action was taken by the Indian council for the protection of the people living in the pueblo. The people of the pueblo state that his actions were such that they were constantly in fear of him.