disbursing officers for the Civil Works Administration and the Federal Emergency Relief Administration" which is worded as follows: “Be it enacted by the Senate and the House of Representatives of the United States in Congress assembled, That the Comptroller General of the United States be, and he is hereby, authorized and directed to allow credit in the accounts of disbursing officers for payments made in good faith on public account from appropriations made available to the Civil Works Administration and the Federal Emergency Relief Administration for expenditure, notwithstanding the failure to comply with requirements of existing law or regulations. Provided, That the Commissioner of Work Projects or his duly authorized representative shall certify that the payments appear to be free from fraud or collusion on the part of the disbursing officer making the payment. "SEC. 2. No charge shall be made against the certifying officer for the amount of any payment for which credit shall be allowed under the preceding section where the Commissioner of Work Projects or his duly authorized representative certifies that the payment appears to have been made without fraud or collusion on the part of the certifying officer." The proposed bill was prepared as a substitute for H. R. 7050 which was recently vetoed by the President pursuant to the recommendation made by this office in its report of February 28, 1940, B-8676. The former bill proposed to authorize credit in the accounts of 18 disbursing officers for specified amounts but which amounts did not represent the true balances outstanding in the respective accounts at the time of the report by this office. The proposed substitute eliminates the objection raised against the prior bill as it does not name the disbursing officers nor state the amounts which are to be credited. In view of the facts and circumstances set forth in the draft of the explanatory letter proposed to be sent by the Commissioner of Work Projects to the chairman, Committee on Claims, House of Representatives (a copy of which was transmitted with your letter), this office has no objection to offer to the bill in the form now proposed. Respectfully, R. N. ELLIOTT, Acting Comptroller General of the United States. MAY 16 (legislative day, APRIL 24), 1940.-Ordered to be printed Mr. TOBEY, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 4349] The Committee on Claims, to whom was referred the bill (H. R. 4349) for the relief of the estate of Lewis Marion Garrard Hale, 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. 1398, Seventysixth Congress, first session, which is appended hereto and made a part of this report. [H. Rept. No. 1398, 76th Cong., 1st sess.] The Committee on Claims, to whom was referred the bill (H. R. 4349) for the relief of the estate of Lewis Marion Garrard Hale, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 5, strike out the sign and figures "$15,000" and insert in lieu thereof "$5,000". Lines 6 and 7, strike out the words "said sum to be" and the words "for damages". Page 1, line 9, beginning with the word "through", strike out the remaining language of the bill and insert in lieu thereof: "from injuries received when struck by a Forest Service truck operated by an enrollee of the Civilian Conservation Corps: 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 purpose of the proposed legislation is to pay to the estate of Lewis Marion Garrard Hale the sum of $5,000 in ful settlement of all claims for damages against the United States on account of the death of the said Lewis Marion Garrard Hale on December 29, 1938, from injuries received when he was struck by a Forest Service truck operated by an enrollee of the Civilian Conservation Corps. 8. Repts., 76-8, vol. 2———————82 STATEMENT OF FACTS The accident involved occurred on December 27, 1938, on a graveled country road near Bald Rock, Ky., approximately 200 yards distant from a Civilian Conservation Corps camp and in front of the deceased's home. A truck was stuck in the mud on the left side of the highway and a number of people, including Mr. Hale, were engaged in extricating it. There is considerable controversy as to the details concerning this accident. Witnesses for the Government and those for the claimant present somewhat different stories. According to the Department of Agriculture, an enrollee of Civilian Conservation Corps Camp F-15, Ed Hammond, left the camp and proceeded down Rockcumla Road at a speed of approximately 20 or 25 miles per hour. After driving for a distance of about 400 feet, he sighted the truck which was stuck in the mud, and also a team of oxen and also several persons who were endeavoring to get same out of the ditch. The driver stated that at about this same time he saw Mr. Hale walking across the road from east to west, that is, he walked out from in front of the oxen and started across the road. When Mr. Hale had almost reached the other side of the road, the driver upon reaching the point where Mr. Hale had been walking, swung far to his left in order to pass behind Mr. Hale. At this time the oxen gave a lunge toward the road and Mr. Hale, apparently not seeing the truck, started back across the road and stopped in front of the truck. According to a son of the deceased, who was present at the time his father was run over by the truck, Mr. Hale had just come from his home and started along the right-hand side of the public road, going toward where the truck was stuck in the mud. While he was walking along the road, the Civilian Conservation Corps truck, came toward him driving at a high rate of speed. The truck, according to young Hale, left its right side of the road and went across the center of the road and on to the left side of the road where Mr. Hale was walking, where it struck him. There are several witnesses' statements bearing out the facts in each of these descriptions, and while there is considerable conflict as to the details, the accident was clearly and unmistakably the fault of the Government driver and the Department admits this. When the truck struck Mr. Hale it carried him along for about 58 feet before he actually fell to the ground. Both of Mr. Hale's legs were broken, and he also suffered internal injuries. He was taken to the hospital in London, Ky., where he died on the morning of December 29. He was 61 years of age at the time of his death and up to that time had been very active. Mr. Hale farmed all of his life and often worked on various part-time jobs as axman. When Mr. Hale died he left his wife, Vira Ann Hale, 57 years of age, and eight children ranging in age from 16 to 35 years, two of which children still live at home. As before stated, the Department of Agriculture is in favor of the proposed legislation, stating in part as follows: "The record indicates that the brakes of the truck were defective and that this fact was known to the driver and to the camp supervisory force prior to the accident. It is further established that the driver, with full knowledge of the defective condition of the vehicle, exercised no precautions on approaching a group of persons in and near the road and made no attempt to reduce the speed of the truck until the accident was imminent. It also seems apparent that Mr. Hale did not exercise due caution in recrossing the road without observing the approaching truck. However, since the truck driver had a clear and unobstructed view of Mr. Hale's movements after first observing him 200 feet away, it is the conclusion of this Department that the negligent driving of the operator of the Government truck was the proximate cause of the accident, and that Mr. Hale's failure to be keenly alert for traffic on a country road traversed by relatively few vehicles does not constitute negligence of sufficient degree to relieve the Government of an obligation arising from the serious negligence of its employees." The Department recommends payment of $2,500 to Mr. Hale's estate-computed as follows: Four hundred dollars for burial and hospital expenses and $2,100 based on a maximum earning of $300 per annum and a probable continuance of such earning capacity for a period of 7 years. However, in view of the fact that Mr. Hale had always been in excellent health up to the time of his death, your committee feels that the sum of $2,100 is not an equitable computation of his earning capacity, and furthermore that there should be some allowance for the loss of Mr. Hale's companionship. Therefore, your committee recommends payment to the estate in the amount of $5,000, which is considered a just and equitable settlement of the claim herein involved. Appended hereto is the report of the Department of Agriculture together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, DEPARTMENT OF AGRICULTURE, House of Representatives. DEAR MR. KENNEDY: Reference is made to your request of February 28 to the Secretary of War and preliminary reply of this Department dated April 4, relative to H. R. 4349, for the relief of the estate of Lewis Marion Garrard Hale in the amount of $15,000 on account of the death of Mr. Hale on December 29, 1938, from injuries received when struck December 27, 1938, by a Forest Service truck operated by Civilian Conservation Corps Enrollee Ed Hammond. The accident occurred on a graveled country road near Bald Rock, Ky., approximately 200 yards distant from a Civilian Conservation Corps camp and in front of the deceased's home. The truck driver, immediately after leaving camp and while traveling 20 to 25 miles per hour, observed on the left side of the road a truck stalled in the mud and several persons including Mr. Hale, with a team of oxen, engaged in extricating it. When the Government truck was approximately 200 feet distant, the driver saw Mr. Hale, who was standing near the team of oxen, start across the road and without sounding his horn or reducing speed steered the truck to the left in order to clear him. Upon reaching the right side of the road Mr. Hale immediately retraced his steps and when approximately in the middle of the road was struck by the truck, his body lodging between the right front fender and the radiator. The truck went off the road on the left side, Mr. Hale falling to the ground 58 feet beyond the point of impact. The driver then returned the truck to the road and stopped 198 feet from the scene of the accident. Both of Mr. Hale's legs were broken and he also suffered internal injuries. He was taken to a hospital in London, Ky., where he died on the morning of December 29. The record indicates that the brakes of the truck were defective and that this fact was known to the driver and to the camp supervisory force prior to the accident. It is further established that the driver, with full knowledge of the defective condition of the vehicle, exercised no precautions on approaching a group of persons in and near the road and made no attempt to reduce the speed of the truck until the accident was imminent. It also seems apparent that Mr. Hale did not exercise due caution in recrossing the road without observing the approaching truck. However, since the truck driver had a clear and unobstructed view of Mr. Hale's movements after first observing him 200 feet away, it is the conclusion of this Department that the negligent driving of the operator of the Government truck was the proximate cause of the accident, and that Mr. Hale's failure to be keenly alert for traffic on a country road traversed by relatively few vehicles does not constitute negligence of sufficient degree to relieve the Government of an obligation arising from the serious negligence of its employee. The record shows that Mr. Hale was 61 years of age at the time of his death; that he was in good health and able to perform manual labor; that he is survived by his wife and several children, two of whom live at home; that those living at home are sons aged 24 and 15 years. It is further brought out in the record that Mr. Hale's earnings as laborer and woods-worker for the past several years approximated from $250 to $300 per annum, and that last year while Mr. Hale was employed in the woods his 24year-old son carried on the farm work. Based on a maximum earning of $300 per year and a probable continuance of such earning capacity for a period of 7 years, the Chief, Forest Service, proposes allowance of $2,100 plus $400 for burial and hospital expenses, a total of $2,500. The Department feels that the Forest Service proposal represents a fair and reasonable settlement for the loss sustained by Mr. Hale's estate and it is accordingly recommended that the bill be reported favorably in the sum of $2,500 as full compensation in the case. There are attached copies of papers relating to the accident on file in this office. STATE OF KENTUCKY County of Laurel: The affiant, Vira Ann Hale, says that she is the wife of the deceased, Lewis Marion Garrard Hale, who was run over by a Civilian Conservation Corps truck on December 27, 1938, and injured, and from which injury he died on December 29, 1938. My husband's full name is Lewis Marion Garrard Hale and his age is 61 years. We had eight children and their names and births are as follows: Theodore Hale, born January 2, 1904; Ethel Hale, born May 25, 1908; Tilford Hale, born August 1, 1910; Exie Hale, born January 20, 1913; Belve Hale, born February 9, 1915; Lida Hale, born July 5, 1917; Wesley Hale, born March 7, 1919; and Warren Hale, born October 25, 1923. His earning capacity was something around $40 per month. He worked part of the time in the timber business, other times on the farm, and at other times at other employment, and I could not give you his exact earning capacity. Affiant did not see the accident in which her husband was killed but he was run over by a Civilian Conservation Corps truck just after he left his dwelling house and went out the front gate and started out the public road and had gotten some 58 feet away from his front yard gate. Ed Hammond is the name of the Civilian Conservation Corps enrollee that was operating the truck that struck and killed my husband. Just after my husband was run over, I saw Ed Hammond and asked him how the accident happened, or how he came to run over my husband. He said the truck didn't have any brakes that would hold and that he had tried to get the Civilian Conservation Corps mechanic that morning to fix the brakes and that he did not do so, and that was what caused him to run over my husband. VIRA ANN HALE. Subscribed and sworn to before me by Vira Hale, this 14th day of January 1939. [SEAL] ELIZABETH PREWITT, Notary Public, Laurel County, Ky. My commission expires February 2, 1939. STATE OF KENTUCKY, County of Laurel, ss: The affiant, Warren Hale, states that he is 15 years of age and the son of deceased, Lewis Marion Garrard Hale, and that he was present at the time his father was run over by a Civilian Conservation Corps truck being operated by the enrollee, Ed Hammond, on the 27th of December 1938, and his father so injured that he died a couple of days later. I was within some 15 or 20 feet of my father when he was run over and killed. He had just come out from our home and come out the front gate and started along the right-hand side of the public road, going out to where Roscoe Hale's truck was stuck in the mud on the side of the road, and while he was walking along on the right-hand side of the road in the direction in which he was traveling, the Civilian Conservation Corps truck came meeting him and it was running very fast. It looked to be running just as fast as a truck could run, and for some reason the truck left its right-hand side of the road in the direction in which it was traveling and went across the center of the road and across onto the wrong side of the road and onto the left-hand side of the road in the direction in which it was traveling and hit my father and ran over him while he was traveling along the right-hand side of the road, and the truck left the road entirely and ran into the paling fence that surrounds our dwelling house tearing down a lot of the paling fence. It ran on the wrong side of the road nearly 200 feet and then finally got back into the road and went on from 70 to 80 feet before it stopped. I immediately went to my father and helped carry him into the house and then he was brought to the Pennington Hospital at London, Ky., where he later died. WARREN HALE. Subscribed and sworn to before me by Warren Hale, this 14th day of January 1939. [SEAL] My commission expires February 2, 1939. ELIZABETH PREWITT, Notary Public, Laurel County, Ky, |