Mr. Gann also filed a claim with the Department in the amount of $5,782.60, for hospital, medical, and nursing expenses, and personal injuries of two minor sons, itemized as follows: Lenear Donald Gann: Hospital expenses, $93.60; medical expenses, $90; nursing expenses, $84; permanent injuries, $5,000. Fred Lee Gann: Hospital expenses, $5; medical expenses, $10; personal injuries, $500. The claim was supported by bills, which, apparently, had not been paid, for hospital services for $98.60; for medical services, $100; and nursing services, $84. Upon review in the War Department, the claim for hospital, medical, and nursing expenses, and for personal injuries was disapproved for the reason that, regardless of the merits of the claim, since the claimant had refused a settlement of his claim in the amount of $250 under authority contained in the annual appropriation act with reference to claims arising out of operation of Army aircraft, there is no provision of law or appropriation available to the Department for the settlement of this claim. While the War Department is not prepared to determine the precise degree of the injuries sustained by the two minor sons of Mr. Gann, it will interpose no objection to the enactment of legislation to reimburse Mr. Gann for the hospital, medical, and nursing expenses incurred by him in connection with the injuries to his two sons, and to authorize the payment of such additional amount ior personal injuries sustained by the two boys as the Congress, in its discretion, may deem proper to allow. Sincerely yours, Hon. J. W. BAILEY, HARRY H. WOODRING, DRS. MCGEHEE AND FETZER, Reidsville, N. C., February 28, 1940. United States Senator, Washington, D. C. MY DEAR SENATOR: Dr. J. M. McAnally and I attended Lenear Donald Gann at the time the United States airplane injured him. He had a fracture of external plate of his skull, intracranial hemorrhage contusion right side of his head. His heel was bruised and for a month or more was unable to walk without limping. With his injuries, as above stated, it is always a question whether the child's mentality will be normal, and frequently they develop epilepsy. Sincerely yours, J. W. MCGEHEE, M. D. THE MEMORIAL HOSPITAL, INC., Hon. J. W. BAILEY, United States Senate, Washington, D. C. MY DEAR MR. BAILEY: On September 3, 1938, I treated Lenear Donald Gann, age 9, son of Henry D. Gann, following an airplane accident. The child was brought into the hospital in a comatose condition and remained at the hospital for 13 days. He had severe cerebro-cranial trauma, with intracranial hemorrhage. There were extensive contusions of the right side of the scalp and right face. Also contusions and abrasions over the right buttocks and right heel. Child was discharged from the hospital after 13 days, and was a considerable period of time convalescing from his experience. I am, Sincerely yours, JAMES M. MCANALLY, M. D. Hon. JOSIAH W. BAILEY, REIDSVILLE, N. C., January 26, 1940. Senate Office Building, Washington, D. C. DEAR MR. BAILEY: Mr. Hunter K. Penn and I want to take up a matter with you that Mr. Harry D. Gann has already seen you about. While no doubt you have a file of this case, we wish to refresh your recollection with regard to same. Mr. Harry D. Gann and his family, including Lenear Donald Gann and Fred Lee Gann, were living on a farm of Mr. Howard Slade located about 8 miles from Reidsville. On the 3d day of September 1938, an Army airplane crashed into the house occupied by the Ganns and inflicted the following injury and damage: Lenear Donald Gann's outer skull was crushed, both in top and right side of head, including upper forehead, his face was cut and bruised, and his right side, including length of leg, was mashed and bruised, and he suffered a severe and permanent injury to his stomach, back, and spine. He was confined in Memorial Hospital in Reidsville, N. C., for 13 days and was thereafter confined to his home for 30 days longer, and was treated by Dr. J. M. McAnally and Dr. J. W. McGehee, of Reidsville, N. C., for approximately 3 months after he returned from the hospital. He still continues to suffer and the doctors say that his condition is subnormal. Fred Lee Gann's body was severely cut, and the calf and front of his right leg were severely cut, including the ligaments of his leg. He was treated in Memorial Hospital by Dr. J. M. McAnally and was confined to his bed for 3 weeks and was unable to walk normally for 3 months. Harry D. Gann's household and kitchen furniture was destroyed. Mr. Slade and Mr. Gann have had the matter up with the War Department, and the amount of their property damage has been agreed upon by the War Department as follows: $839.93 for Mr. Gann, and an amount for Mr. Slade that we do not have before us at this time. Mr. Gann agreed to accept $5,000 for damage sustained by Lenear Donald Gann and $500 for Fred Lee Gann, exclusive of hospital and doctors' fees. It seems that neither Mr. Gann nor Mr. Slade are making any progress toward securing a settlement of their claims and they have employed us to see what we can do to help them out. It seems from the correspondence from the War Depart ment that it will require an act of Congress before these matters can be settled, but of course you know more about that than we do; but whatever it takes, we are asking you to help us see that these people receive the property treatment from the Government. If there ever was a case that the Government should pay for, it is this one. This Army bombing plane, together with several others, passed over Reidsville in transit from Langley Field, Va., to points southwest, and apparently without any reason whatever, the pilots and occupants of this plane abandoned it by parachute and let it go wherever it might fall. None of these people are able to bear the loss that the Government has inflicted upon them, and particularly Mr. Gann, who is a poor tenant farmer with a large family. The entire file in this matter is in the office of the Chief of Finance of the War Department at Washington, D. C., the claim for property damage being listed as follows: "File No. 153 FC (Gann, Harry D.) No. 525," and the claim for personal injury being under "File No. 152 FC (Gann, Harry D.) No. 9230.” We would appreciate it very much if you would have this matter gone into thoroughly and take such steps as are necessary to secure a settlement of these claims. If you think the ends of justice demand it, we would appreciate it if you would have a bill introduced providing for the relief of these folks as they may be entitled to under the law. 76TH CONGRESS 3d Session SENATE { REPORT No. 1586 TRANSFERING HARDEMAN COUNTY, TEX., TO WICHITA FALLS DIVISION MAY 13 (legislative day, APRIL 24, 1940).-Ordered to be printed Mr. CONNALLY, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 9013] The Committee on the Judiciary, to whom was referred the bill (H. R. 9013) to transfer Hardeman County, Tex., from the Fort Worth division to the Wichita Falls division of the northern judicial district of Texas, after consideration, report the same to the Senate with the recommendation that it do pass. The bill merely transfers Hardeman County from the division to which it is now attached to the division to which it is geographically contiguous. The following letter of the Administrator of the United States courts to the House Judiciary Committee shows the need for the change: ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, Hon. HATTON W. SUMNERS, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Under date of March 27, 1940, I acknowledged receipt of your letter of March 25, 1940, with reference to H. R. 9013, to transfer Hardeman County, Tex., from the Fort Worth division to the Wichita Falls division of the northern judicial district of Texas, and advised you that I would report to you later any information which I could obtain pertinent to the bill. It appears that geographically Hardeman County is separated from all the rest of the Fort Worth division. If Hardeman County is transferred from the Fort Worth division to the Wichita Falls division as the bill provides, the area of each division will then be entirely contiguous and the divisions will be more logical. Obviously such an arrangement will be more convenient for persons in Hardeman County having business with the court. I transmitted copies of H. R. 9013 to each of the district judges for the northern district of Texas, and for the information of your committee, I enclose herewith copies of letters containing their views with reference to the proposed legislation. You will find that these letters are self-explanatory. With kindest regards, I am Sincerely yours, HENRY P. CHANDLER. MAY 14 (legislative day, APRIL 24), 1940.-Ordered to be printed Mr. PEPPER, from the Committee on Commerce, submitted the following REPORT [To accompany H. R. 7615] The Committee on Commerce, to whom was referred the bill (H. R. 7615) authorizing the Bradenton Co., its successors and assigns, to construct, maintain, and operate a toll bridge across Sarasota Pass, county of Manatee, State of Florida, having considered the same, report thereon with amendments and as so amended recommend that the bill do pass. The amendments are indicated in the bill as reported and are shown in italics and line type. Following is the report submitted by the House Committee on Interstate and Foreign Commerce: [To accompany H. R. 7615] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7615), authorizing the Bradenton Co., its successors and assigns, to construct, maintain, and operate a bridge across Sarasota Pass where Manatee Avenue, Bradenton, if extended, would cross Sarasota Pass, county of Manatee, State of Florida, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, after "improve", insert "the". Pages 1 and 2, line 8 on page 1 after "navigation" strike out the comma and "at or near where Manatee Avenue, Bradenton, if extended, would cross Sarasota Pass,". Page 2, line 1, before "county", insert "in the". Page 2, line 7, after "all", strike out "such". Page 2, line 8, after "acquire,", strike out "condemn,". Page 2, line 11, after "approaches" insert a period and strike out the balance of the section down to and including all of line 18. Page 4, lines 12 to 16, after "free of", strike out "tolls, or the rates of tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management.", and insert "tolls." Page 4, after line 20, insert a new section reading as follows: |