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78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

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REPORT No. 1438

CONSIDERATION OF H. R. 4184

MAY 11, 1944.--Referred to the House Calendar and ordered to be printed

Mr. Cox, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Res. 543)

The Committee on Rules, having had under consideration House Resolution 543, reports the same to the House with the recommendation that the resolution do pass.

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DISPOSING OF CERTAIN PAPERS

MAY 11, 1944.-Ordered to be printed

Mr. ELLIOTT, from the Joint Committee on the Disposition of Executive Papers, submitted the following

REPORT

The joint select committee of the Senate and House of Representatives appointed on the part of the Senate and House of Representatives, and acting in compliance with the provisions of the act approved July 7, 1943 (57 Stat. 380), respectfully reports to the Senate and House of Representatives that it has received and examined the report of the Archivist of the United States No. 44-32, dated April 27, 1944, to the Seventy-eighth Congress, second session, submitting the following lists or schedules, or parts of lists or schedules, covering records proposed for disposal by the Government agencies indicated:

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Your committee reports that the records proposed for disposal in the said lists or schedules, or parts of lists or schedules, reported by the Archivist of the United States do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government and recommends that their disposal be accomplished, subject to the provisions of section 9 of the aforementioned act, in accordance with the regulations promulgated by the National Archives Council under the provisions of said act.

Respectfully submitted to the Senate and House of Representatives.
A. J. ELLIOTT, Chairman,
B. W. GEARHART,

Members on the part of the House.

ALBEN W. BARKLEY,

OWEN BREWSTER,

Members on the part of the Senate.

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Mr. ELLIOTT, from the Joint Committee on the Disposition of Executive Papers, submitted the following

REPORT

The joint select committee of the Senate and House of Representatives appointed on the part of the Senate and House of Representatives and acting in compliance with the provisions of the act approved July 7, 1943 (57 Stat. 380), respectfully reports to the Senate and House of Representatives that it has received and examined the report of the Archivist of the United States No. 44-31, dated April 24, 1944, to the Seventy-eighth Congress, second session, covering records proposed for disposal by the Government agencies indicated:

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Your committee reports that the records proposed for disposal in the said lists or schedules, or parts of lists or schedules, reported by the Archivist of the United States do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government and recommends that their disposal be accomplished, subject to the provisions of section 9 of the aforementioned act, in accordance with the regulations promulgated by the National Archives Council under the provisions of said act.

Respectfully submitted to the Senate and House of Representatives.

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2d Session

EDWARD GILLAM

No. 1441

MAY 11, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. N PITTGER, from the Committee on Claims, submitted the

following

REPORT

[To accompany H. R. 1645]

The Committee on Claims, to whom was referred the bill (H. R. 1645) for the relief of Edward Gillam, 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, line 6, strike out the figures "$16,845.60", and insert in lieu thereof "$4,192.25".

Page 1, line 6, strike out the word "his" and insert in lieu thereof "all".

The purpose of the proposed legislation is to appropriate the sum of $4,192.25 to Edward Gillam, of Hermiston, Oreg., in full settlement of all claims against the United States as compensation for personal injuries sustained by him and for reimbursement of medical and hospital expenses incurred by him as the result of an accident which occurred when the automobile in which he was riding was struck by a United States Army truck on January 5, 1942, on U. S. Highway No. 207 near Hermiston, Oreg.

STATEMENT OF FACTS

It appears that on January 5, 1942, at about 5:30 p. m., an Army truck, on official business, operated by an enlisted man, was proceeding in an easterly direction on the Umatilla Ordnance Depot road and approaching the intersection of that road and U. S. Highway No. 207 at a point about 11⁄2 miles southwest of Hermiston, Oreg. A Α Chevrolet coupe owned and operated by Edward L. Hanson, in which Mr. Edward Gillam was riding as a passenger, was proceeding in a southerly direction on U. S. Highway No. 207 at a speed of 25 to 35

miles per hour and approaching the same intersection. At the point of intersection U. S. Highway No. 207 has the right-of-way, and a stop sign was posted on the Umatilla Ordnance Depot road, so that all traffic crossing the highway was required to stop before proceeding into the intersection. It appears that the Government vehicle did not stop, and entered the intersection at a speed of about 10 miles per hour.

The Army driver, upon seeing the civilian car, made an effort to stop. He was unable to do so because of the ice on the pavement. The War Department in its report states that the driver of the Government vehicle was clearly responsible for the accident. The Department recommends that Mr. Gillam be reimbursed for the amount of hospital and medical expenses incurred, for future medical expenses anticipated, for loss of wages during the 15 weeks he was absent from his work, and also recommends a reasonable amount to reimburse him for personal injuries, disfigurement, and future personal inconvenience.

The War Department's recommendation on the above is as follows: Medical and hospital expenses.-

Anticipated future medical expenses.

Loss of wages from Jan. 5 to Apr. 20, 1942.

Personal injury, suffering, disfigurement, and future inconvenience...

Total...

$340. 25 200. 00 1, 152. 00

2, 500. 00

4, 192. 25

It is evident that through no negligence on his part Mr. Gillam has sustained serious injuries, resulting in his permanent partial disability. Therefore, your committee feels that he should be reimbursed for the expenses incurred and recommends favorable consideration to the proposed bill, as amended.

The facts are fully set forth in the report of the War Department, which is appended hereto and made a part of this report.

Hon. DAN R. McGEHEE,

JUNE 1, 1943.

Chairman, Committee on Claims, House of Representatives. DEAR MR. MCGEHEE: The War Department is opposed to the enactment in its present form of H. R. 1645, Seventy-eighth Congress, a bill which would authorize and direct the Secretary of the Treasury to pay "to Edward Gillam, of Hermiston, Oreg., the sum of $16,845.60 in full satisfaction of his claims against the United States for compensation for personal injuries sustained by him and for reimbursement for medical and hospital expenses incurred by him as the result of an accident which occurred when the automobile in which he was riding as a passenger was struck by a United States Army truck at the intersection of Umatilla Ordnance Depot highway and United States Highway No. 207 near Hermiston, Oreg., on. January 5, 1942." However, the Department would interpose no objection to the enactment of the bill if it should be amended to pay the sum of $4,192.25 to Mr. Gillam.

A report similar to that which follows is being submitted to the chairman, Committee on Claims, United States Senate, on S. 254, a similar bill.

On January 5, 1942, at about 5:30 p. m., an Army truck on official business, operated by an enlisted man, was proceeding in an easterly direction on the Umatilla Ordnance Depot road and approaching the intersection of that road and United States Highway No. 207 at a point about 121⁄2 miles southwest of Hermiston, Oreg. A Chevrolet coupe owned and operated by Edward L. Hanson, of Hermiston, in which Edward Gillam, also of Hermiston, was riding as a passenger, was proceeding in a southerly direction on United States Highway No. 207 at a speed of 25 to 35 miles per hour and approaching the same intersection. A "Stop" sign posted on Umatilla Ordnance Depot road at the intersection required traffic

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