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EXECUTIVE OFFICE OF THE PRESIDENT,

BUREAU OF THE BUDGET,

Washington 25, D. C., June 11, 1948. The PRESIDENT,

The White House. SIR: I have the honor to submit herewith for your consideration an estimate of appropriation for the several executive departments and independent offices to pay claims for damages, audited claims, and judgments rendered against the United States, as provided by various laws, in the amount of $2,393,458.55, together with an indefinite amount as may be necessary to pay interest and costs, in the form of an amendment to House Document 690, Eightieth Congress, second session.

CLAIMS FOR DAMAGES, AUDITED CLAIMS, AND JUDGMENTS On page 2 of House Document 690, Eightieth Congress, under the above head, line 4, before the word "House”, insert "Senate Document Numbered - and”, and increase the amount of the estimate from “$12,838,409.60” to “$15,231,868.15”.

The details of the estimate covered in the letters from the various departments and agencies and copies of records of judgments submitted by the Department of Justice are set forth in the attachment to this letter.

In accordance with the provisions of law providing for this submission, I recommend that this estimate be transmitted to the Congress. Respectfully yours,

JAMES E. WEBB, Director of the Bureau of the Budget.

SUMMARY OF AMOUNTS INCLUDED IN THE CON

SOLIDATED ESTIMATE TO PAY CERTAIN CLAIMS AND
JUDGMENTS

DAMAGE CLAIMS
National Military Establishment:
Department of the Army (p. 4)

$7, 370.00 Department of the Navy (p. 5).

53, 565. 75 Department of State (p. 6).

33. 96 Total damage claims..

60, 969. 71

168, 723. 35
16, 214. 87
25, 818. 23
13, 314. 51

9, 013. 54
15, 406. 87
129, 423. 36

AUDITED CLAIMS
Legislative branch (p. 7)..
Executive Office of the President (p. 24).
Independent offices (p. 25) ---
Department of Agriculture (p. 25).
Department of Commerce (p. 26)
Department of the Interior (p. 26).
Department of Justice (p. 26).
National Military Establishment:

Department of the Army (p. 38)

Department of the Navy (p. 38).
Post Office Department (to be paid from postal revenues) (p. 41).
Department of State (p. 41).
Treasury Department (p. 42)

Total, audited claims...

1, 669. 43 1, 309, 869. 23 109, 344. 04

2, 644. 03 16, 285. 24

1, 817, 726. 70

206, 222. 34
55, 886. 45

159, 285. 17
31, 145. 62
26, 358. 41

JUDGMENTS
Court of Claims:

Department of Commerce (p. 44).
Department of Justice (p. 44).
National Military Establishment:

Department of the Army (p. 45).

Department of the Navy (p. 45). Treasury Department (p. 45).

Total, Court of Claims judgments.
United States district courts:

United States Maritime Commission (p. 47).---
National Military Establishment:

Department of the Army (p. 48)
Department of the Navy (p. 51).

Total, United States district court judgments...

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Total, judgments..

514, 762. 14

Grand total...

2, 393, 458. 55

3

8. Docs., 80-2, vol. 7450

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DETAIL OF SUPPLEMENTAL ESTIMATE OF APPROPRIA. TION TO PAY CERTAIN CLAIMS FOR DAMAGES, AUDITED CLAIMS, AND JUDGMENTS RENDERED AGAINST THE UNITED STATES, TO BE PAID OUT OF THE GENERAL FUND OF THE TREASURY UNLESS OTHERWISE INDICATED

DAMAGE CLAIMS

NATIONAL MILITARY ESTABLISHMENT

DEPARTMENT OF THE ARMY

DEPARTMENT OF THE ARMY,

Washington, D. C., June 7, 1948. Hon. JAMES E. WEBB, Director, Bureau of the Budget,

Washington, D. C. DEAR MR. WEBB: In accordance with the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), as amended, to provide for the settlement of claims for damage to or loss cr destruction of property, or personal injury or death, caused by military personnel or civilian employees acting within the scope of their employment, or otherwise incident to noncombat activities of the Army, this Department has considered, ascertained, adjusted, and determined, in amounts in excess of $1,000 each, claims for damage to or loss or destruction of property and personal injury as hereinafter specified. Each of the claims arose on or after May 27, 1941, and was presented in writing within 1 year after the accident or incident out of which it arose or otherwise within the time provided in the act. The amounts found due the several claimants, which they have agreed to accept in full satisfaction and final settlement of their respective claims, no part of which is property damage covered by insurance, are hereby certified as having been determined to be of the character contemplated by the provisions of the act for report to Congress for its consideration, and it is recommended that they be submitted to Congress for appropriation for the payment thereof. A brief statement of the character of the claims, the amounts claimed, and the amounts reported are as follows:

1. Maybelle Gladice Kinberg, Waimanalo, Oahu, T. H. Between January 1942 and March 1944, military personnel engaged in operations incident to noncombat activities of the Army damaged claimant's property through the firing of heavy caliber artillery, thereby resulting in a loss to claimant in the amount of $2,000.

Amount claimed, $2,000; amount reported, $2,000.

2. Pennsylvania Railroad Co. by E. B. Hilliker, foot of Tenth Street, Hoboken, N. J. During the period December 24 to December 26, 1946, military per, sonnel, while acting within the scope of their employment, negligently damaged claimant's barge P. R. R. No. 429 while in tow, thereby resulting in a loss to claimant in the amount of $3,640.

Amount claimed, $3,640; amount reported, $3,640.

3. L. H. Wertz and Frank Hurst, Post Office Box 429, Medford, Oreg. During the year 1942, military personnel or civilian employees, acting within the scope of their employment incident to noncombat activities of the Army, removed claimants' telephone line in order to widen a county road leading from Camp White Military Reservation. After removal, service was furnished through the facilities of Camp White Military Reservation. With deactivation of the camp, this service

has been discontinued, necessitating replacement of the telephone line, thereby resulting in a lɔss to claimants in the amount of $1,730.

Amount claimed, $3,608.15; amount reported $1.730.

(Summary, 8 claims)

Amount claimed..
Amount reported..

Sincerely yours,

$9, 248, 15
7, 370. 00

KENNETH C. ROYALL,

Secretary of the Army.

DEPARTMENT OF THE NAVY
THE SECRETARY OF THE NAVY,

Washington, June 8, 1948.
hon. James E. WEBB,
Director, Bureau of the Budget,

Washington, D. C. DEAR MR. WEBB: Public Law 224, Seventy-ninth Congress, approved November 15, 1945, provides for the settlement of claims for damage occurring in Guam on account of damage to, or loss or destruction of, public property, both real and personal, or on account of damage to, or loss or destruction of, private property, both real and personal, of residents of Guam, when such damage, loss, or destruction is the result of or incident to hostilities or hostile occupation, or is caused by or incident to noncombat activities of the United States Army, Navy, or Marine Corps forces or individual members thereof. It is further provided thereunder that the Secretary of the Navy shall have authority, if he deems any claim in excess of $5,000 or any claims for death or personal injury of residents of Guam arising under the conditions herein set forth as a basis for property damage claims to be meritorious, to certify such amount to Congress.

The Secretary of the Navy has ascertained, adjusted, and determined the claims set forth below to be just, reasonable, and meritorious. Those claims arose on Guam and were presented in accordance with the previsions of Public Law 224. The amounts found due the claimants, which claimants have agreed to accept in full satisfaction and final settlement of their claims, are hereby certified as having been determined to be of the character contemplated by the provisions of the act for report to Congress for its consideration.

It is recommended, therefore, that the claims below be submitted to Congress for payment out of appropriations that may be made by Congress therefor. A brief statement of the character of each claim, the amount claimed, and the amount allowed follows:

1. Jose Salas Perez, Agana IIcights, Guam. During July 1944, on Guam during the United States bombardments, the real property of the claimant, consisting of two dwelling houses, was totally destroyed,

Amount claimed, $11,000; amount allowed, $10,550. 2. Laura Sgambelluri Nelson and Alfonsina Sgambelluri Walters, Yigo, Guam, During July 1944, on Guam during the United States bombardments, the real property of the claimants, consisting of one dwelling house, was totally destroyed.

Amount claimed, $6,200; amount allowed $6,200.

3. Pedro Cepeda, Sinajana, Guam. Between July 1944 and September 1944, on Guam during the Japanese occupation and during the United States bombardments and reconstruction activities, the real and personal property of the

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claimant, consisting of one automobile, trees, one dwelling house, and one ranch house, was totally destroyed.

Amount claimed, $7,609; amount allowed, $6,089.

4. Rosalia Javier Ojeda, Agana Heights, Guam. During July 1944, on Guam during the United States bombardments and reconstruction activities, the real and personal property of the claimant and of Pedro Castro Ojeda, deceased, of whose estate the claimant is the duly appointed administratrix, consisting of livestock, trees, and one dwelling house, was totally destroyed.

Amount claimed, $10,892.50; amount allowed, $6,892,50. (To Rosalia Javier Ojeda for herself, $6,162.50.) (To the estate of Pedro Castro Ojeda, $730.) 5. Rosa Gumataotao Tenorio, Tutujan, Sinajana, Guam. Between January 1942 and September 1944, on Guam during the Japanese occupation and during the United States bombardment and reconstruction activities, the real and personal property of the claimant and of Jose Tenorio Tenorio, deceased, of whose estate the claimant is the duly appointed administratrix, consisting of household effects, livestock, trees, and two dwelling houses, was totally destroyed.

Amount claimed, $5,372.50; amount allowed, $6,264.50.
(To Rosa Gumataotao Tenorio for herself, $794.50.)
(To the estate of Jose Tenorio Tenorio, $5,470.)

6. Eduardo Torres Calvo, Agana, Guam. Between July 1944 and November 1944, on Guam during the United States bombardment and reconstruction activities, the real and personal property of the claimant, consisting of household effects, trees, five dwelling houses, one ranch house, and one garage, was totally destroyed.

Amount claimed, $18,380; amount allowed, $17,569.75.

In the above claims the total amount claimed is $59,454; total amount allowed is $53,565.75. Sincerely yours,

W. JOHN KENNEY, Acting Secretary of the Navy.

DEPARTMENT OF STATE

DEPARTMENT OF STATE,

Washington, May 28, 1948. The Honorable James E. WEBB,

Director, Bureau of the Budget. MY DEAR MR. WEBB: Pursuant to the provisions of the act of December 28, 1922 (48 Stat. 1066), this Department has considered, ascertained, adjusted, and determined the claim described below on account of damage to, or loss of, privately owned property caused by the negligence of an employee of the Department acting within the scope of his employment. The claim was presented to the Department within a year of its accrual. The legal adviser of the Department is of the opinion that the claim falls within the purview of the act of December 28, 1922. I certify that the amount found to be due the claimant is a legal claim, and I recommend that it be certified to the Congress for payment.

Fernando N. Pons, care of Basto Carvalho & Cia., Porto Alegre, Brazil, filed a claim in the amount of 800 Brazilian cruzeiros because of loss suffered when a Government vehicle improperly made a left turn without coming to a stop, in violation of traffic regulations, and struck his vehicle.

Amount claimed, damage to car, 800 Brazilian cruzeiros; amount allowed, $33.96, together with such additional sum due to increases in diplomatic rate of exchange as may be necessary to pay the claim in Brazilian cruzeiros. Sincerely yours,

NORMAN ARMOUR,

Assistant Secretary (For the Secretary of State).

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