WASHINGTON ASPHALT CO. MAY 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. SCRIVNER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2903] The Committee on Claims, to whom was referred the bill (H. R. 2903) for the relief of the Washington Asphalt Co., having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 6, strike out the figures "$3,794.41" and insert in lieu thereof the figures "$1,431.31". At the end of the bill strike out the period and insert 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 purpose of the proposed legislation is to appropriate the sum of $1,431.31 to the Washington Asphalt Co., of Seattle, Wash., in full settlement of all claims against the United States for losses sustained on account of the destruction of a piece of paving equipment known as a "5 8-ton Galion roller" which was struck by a United States Navy airplane on March 5, 1943, at the Sand Point Naval Air Station in Seattle, Wash. STATEMENT OF FACTS It appears that on March 5, 1943, a United States Navy airplane F4F-4, Bureau No. 122223 began its take-off on a regularly scheduled tactics-training flight, and after a run of 700 feet became slightly airborne and began a decided veer to the left. It went off the left edge of the runway and struck and demolished a Galion machine roller, which was parked close by the runway and was conspicuously marked with a red flag. The roller was being used for authorized work in connection with improvement and repair of the runway. From the evidence submitted it appears that the roller was purchased on June 5, 1941, at a cost of $3,581.31, and after the accident its salvage value was estimated at about $250. It is further set forth that $1,900 of the loss was covered by insurance. The net loss to the claimant will apparently be the sum of $1,431.31. The Navy Department in its report of July 30, 1943, states: As the damages occasioned by the crash resulted from no fault of the Washington Asphalt Co., the Navy Department recommends the enactment of the bill in such amount as the Congress may deem appropriate. Your committee concurs in the recommendation of the Navy Department. Therefore, your committee recommends that favorable consideration be given to the proposed legislation, as amended. Appended hereto is the report of the Navy Department, together with other pertinent evidence. Hon. DAN R. McGEHEE, Chairman of the Committee on Claims, House of Representatives, Washington, D. C. NAVY DEPARTMENT, Washington, July 30, 1943. MY DEAR MR. CHAIRMAN: Reference is made to bill H. R. 2903 "for the relief of the Washington Asphalt Co.," and to your letter of June 14, 1943, requesting a report of the facts and an expression of opinion as to the merits of the bill. The purpose of the bili is to authorize the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, to the Washington Asphalt Co., Seattle, Wash., the sum of $3,794.41 in full settlement of all claims against the United States for losses sustained on account of the destruction of a piece of paving equipment known as a "5/8-ton Galion roller," which was struck by a United States Navy airplane on March 5, 1943, at the Sand Point Naval Air Station, Seattle, Wash. The records of the Department disclose that on March 5, 1943, United States Navy airplane F4F-4, Bureau No. 122223, began its take-off on a regularly scheduled tactics-training flight, and after a run of 700 feet became slightly airborne and began a decided veer to the left. It went off the left edge of the runway and struck and demolished the said Galion machine roller, which was parked close by the runway and was conspicuously marked with a red flag. The roller was being used for authorized work in connection with improvement and repair of the runway. By letter of April 8, 1943, a copy of which is hereto attached, the Washington Asphalt Co. stated the said roller was purchased on June 5, 1941, at a cost of $3,581.31, and would bring about $250 for salvage. By letter of April 26, 1943, the said company reported that $1,900 of the loss was covered by insurance. A copy of this letter is also attached. If credit is taken for such salvage and insurance in the amounts stated above, the net loss to the claimant will apparently be the sum of $1,431.31. The claim of the Washington Asphalt Co. cannot be adjusted under any authority vested in the Secretary of the Navy. The cost of the proposed legislation is $3,794.41. As the damages occasioned by the crash resulted from no fault of the Washington Asphalt Co., the Navy Department recommends the enactment of the bill H. R. 2903 in such amount as the Congress may deem appropriate. The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation. Sincerely yours, FRANK ΚΝΟΣ, WASHINGTON ASPAHLT Co., Seattle, Wash., April 8, 1943. UNITED STATES NAVAL AIR STATION (SAND POINT), Seattle, Wash. COMMANDANT, SIR: Under date of March 5, 1943, the Washington Asphalt Co. was engaged in performing a contract upon the Sand Point Field, said contract being No. N-257s-249, and dated November 18, 1942. In the performance of said contract at said time we had upon the field a 5-8 ton Galion roller, with electric starting and lighting equipent and model QXC Hercules motor, model R-23260. The said roller was not upon the runway but in the area designated to be improved by surfacing with asphalt. The roller, together with all other equipment being used by us, was at the time of the accident, hereinafter referred to, entirely stationary. Upon said date, at about the hour of 10:50 a. m., one of the United States Navy planes, in taking off from the runway lying westerly of said equipment turned abruptly to the left and crashed into the roller. The roller was rendered wholly useless. It was a complete loss to us, except a nominal salvage value, which, we are advised by several competent sources, will not exceed approximately $250. The roller was purchased new June 5, 1941, at a cost, f. o. b. Seattle, of $3,477, plus a compensating tax of $104.31, or a total cost of $3,581.31. The roller was always in good mechanical repair and was in constant use. The value to us at the time of the accident was at least the full purchase price above mentioned. We respectfully request the allowance to us and the payment of damages by the United States Navy in the amount of $3,581.31, or the replacement of the roller by one of the same make, type, and size. We, of course, will be glad to make allowance for the actual salvage obtained from the wrecked roller. You have cooperated with us in the matter by furnishing a roller for a time, which we understand is at no cost to us. However, it was necessary to return this roller, and we are obliged to rent a roller to replace it. We reserve the right to make claim for loss of use in the amount of our actual costs for obtaining and renting a substitute roller. We shall appreciate your further cooperation and immediate response in the matter. Yours very truly, WASHINGTON ASPHALT Co., WASHINGTON ASPHALT Co., Re Damage to Galion roller. Accident, March 5, 1943. Seattle, Wash. DEAR SIR: At your request, we respectfully report that we carried insurance for damage to the roller and were covered for loss to the extent of $1,900. Under our insurance contract the insurer upon payment of any loss becomes subrogated to any claim or damage to the extent of its loss. The total loss, including subrogation rights, is included in our statement to you under date of April 8, 1943.. Very truly yours, WASHINGTON ASPHALT Co., H. Repts., 78–2, vol. 3- -79 о MICHAEL EATMAN, JR., AND MRS. MICHAEL EATMAN, JR. MAY 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. ABERNETHY, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2919] The Committee on Claims, to whom was referred the bill (H. R. 2919) for the relief of Michael Eatman, Jr., and Mrs. Michael Eatman, Jr., having considered the same, report favorably thereon and recommend that the bill without amendment do pass. The purpose of the proposed legislation is to appropriate and pay to Michael Eatman, Jr., of Meridian, Miss., the sum of $246.14, and to Mrs. Michael Eatman, Jr., of Meridian, Miss., the sum of $100, in full settlement of all claims against the United States for property damage and personal injuries sustained when the automobile of Michael Eatman, Jr., being driven by Mrs. Micheal Eatman, Jr., was struck by a United States Army truck at the intersection of Seventh Street and Twenty-eighth Avenue, in the city of Meridian, Miss., on March 21, 1942. STATEMENT OF FACTS It appears from the evidence that on March 21, 1942, Pvt. Wilson Lewis, Army air base, Key Field, Miss., was driving a 21⁄2-ton Army truck in the city of Meridian, stated to be on an unauthorized personal mission. At about 1 p. m., he was proceeding north on Twenty-eighth Avenue, which is a stop street at its intersection with Seventh Street. The driver failed to obey a stop sign and heedlessly entered the intersection, crashing into the right side of an eastbound automobile traveling on Seventh Street, which was owned by Michael Eatman, Jr., and operated by Mrs. Michael Eatman, Jr. The vehicle of Mr. Eatman, Jr., was damaged to the extent of $246.14, and Mrs. Eatman sustained a bruised right elbow and right hip, and a nervous disorder resulted from the accident, confining Mrs. Eatman to her bed for a period of 6 weeks, from which she had not completely recovered from as late as July 24, 1943. |