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The PRESIDENT,

EXECUTIVE OFFICE OF THE PRESIDENT,

The White House.

BUREAU OF THE BUDGET, Washington, D, C., February 23, 1944.

SIR: I have the honor to submit herewith for your consideration a supplemental estimate of appropriation for the Veterans' Administration for the fiscal year 1944, amounting to $1,650,000, as follows:

VETERANS' ADMINISTRATION

For an additional amount for Hospital and Domiciliary Facilities, Veterans' Administration, fiscal year 1944, including the objects specified under this head in the Independent Offices Appropriation Act, 1944, to remain available until expended, $1,650,000, 3 per centum of which shall be available for the employment in the Dis trict of Columbia and in the field of necessary technical and clerical assistants to aid in the preparation of plans and specifications for the projects as approved hereunder and in the supervision of the execution thereof, and for traveling expenses, field office equipment, and supplies in connection therewith..

$1,650, 000 This estimate provides for an additional 206 hospital beds and expansion of regional office administrative space at the Veterans' Administration facility located at Fargo, N. Dak.

The foregoing estimate of appropriation is required to meet a contingency which has arisen since the transmission of the Budget for the fiscal year 1944, and its approval is recommended.

Very respectfully,

HAROLD D. SMITH,

Director of the Bureau of the Budget.

DAMAGE CLAIMS-WAR DEPARTMENT

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

AN ESTIMATE OF APPROPRIATIONS SUBMITTED BY THE WAR DEPARTMENT TO PAY CLAIMS FOR DAMAGES TO OR LOSS OR DESTRUCTION OF PROPERTY OR PERSONAL INJURY OR DEATH, AMOUNTING TO $75,286.98

MARCH 16 (legislative day, FEBRUARY 7), 1944.-Read; referred to the Committee on Appropriations and ordered to be printed

The PRESIDENT OF THE SENATE.

THE WHITE HOUSE, Washington, March 14, 1944.

SIR: I have the honor to submit herewith for the consideration of Congress an estimate of appropriation submitted by the War Department to pay claims for damages to or loss or destruction of property or personal injury or death, in the sum of $75,286.98, which have been considered and adjusted under the provisions of the act of July 3, 1943 (Public Law 112), and which require an appropriation for their payment.

Respectfully,

FRANKLIN D. ROOSEVELT.

EXECUTIVE OFFICE OF THE PRESIDENT,
BUREAU OF THE BUDGET,
Washington, D. C., March 13, 1944.

The PRESIDENT,
The White House.

SIR: I have the honor to submit herewith for your consideration an estimate of appropriation submitted by the War Department to pay claims for damages, incident to activities of the War Department or of the Army, which have been considered and adjusted under the provisions of the act of July 3, 1943 (Public Law 112), and which require an appropriation for their payment, as follows:

DAMAGE CLAIMS

For the payment of claims for damage to or loss or destruction of property or personal injury or death adjusted and determined by the Secretary of War under the provisions of the act entitled "An act to provide for the settlement of claims for damage to or loss or destruction of property or personal injury or death caused by military personnel or civilian employees, or otherwise incident to activities, of the War Department or of the Army," approved July 3, 1943 (Public Law 112), as fully set forth in Senate Document No. Seventy-eighth Congress.

$75, 286. 98

The letters of the War Department submitting this estimate are transmitted herewith.

In accordance with the provisions of the act providing for these submissions, I recommend that this estimate be transmitted to Congress.

Very respectfully,

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Hon. HAROLD D. SMITH,

WAR DEPARTMENT,

Washington, D. C., March 11, 1944.

Director, Bureau of the Budget,

Washington, D. C.

DEAR MR. SMITH: In accordance with the act of July 3, 1943 (Public Law 112, 78th Cong.) to provide for the settlement of claims for damage to or loss or destruction of property or personal injury or death caused by military personnel or civilian employees, or otherwise incident to noncombat activities, of the War Department or 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, 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 follows:

1. Lyle E. Branchflower, doing business as Lyle Branchflower Co. and Pacific Rendering Co., 9701 East Marginal Way, Seattle, Wash. On or about March 24, 1942, the operator of an Army vehicle engaged in operations incident to noncombat activities of the War Department or of the Army allowed the vehicle to strike a pipe line through which claimant pumped fish oil from his rendering plant to a railroad loading area, damaging the pipe line and causing a loss of 2,034 pounds of oil valued at $1,366.74.

Amount claimed, $1,366.74; amount reported, $1,366.74. 2. Walter Gengarelly, Storm's Place, Hillsdale, N. J. During a period from July 1942 to August 1943 military personnel engaged in operations incident to noncombat activities of the War Department or of the Army used claimant's private roadway to reach an otherwise inaccessible military searchlight position, causing damage to the roadway to the extent of $1,392. Amount claimed, $1,392; amount reported, $1,392.

3. W. T. Gross and Iva Gross, Rural Route No. 1, Lafayette, Tenn. On or about June 15, 1943, military personnel engaged in field exercises incident to noncombat activities of the War Department or of the Army entered upon claimants' farm land, causing damage thereon to the extent of $1.058.70. Amount claimed, $2,392.97; amount reported, $1,058.70.

4. Dedie B. Lawson, Southbridge, Mass. On December 20, 1942, military personnel occupying claimant's residence, under a trespass agreement while engaged in operations incident to noncombat activities of the War Department or of the Army, used an oil stove for heating purposes contrary to claimant's advice. The stove exploded and destroyed the residence and its contents, thereby causing a loss to claimant in the amount of $4,679.

Amount claimed, $10,000; amount reported, $4,679.

5. City of Seattle, Department of Lighting, Seattle, Wash. On October 13, 1942, a barrage balloon being used incident to noncombat activities of the War Department or of the Army broke its mooring cable causing the broken cable to contact claimant's power lines, damaging the lines and connected installations to the extent of $1,232.37.

Amount claimed, $1,232.37; amount reported, $1,232.37.

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Hon. HAROLD D. SMITH,

Washington, D. C. February 24, 1944.

Director, Bureau of the Budget, Washington, D. C.

DEAR MR. SMITH: In accordance with the act of July 3, 1943 (Public Law 112, 78th Cong.), to provide for the settlement of claims for damage to or loss or destruction of property or personal injury or death caused by military personnel or civilian employees, or otherwise incident to noncombat activities. of the War Department or 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, are hereby certified as having been determined to be of the

S. Docs., 78-2, vol. 12-14

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 follows:

1. Alaska Packers Association, 111 California Street, San Francisco, Calif On January 29, 1942, personnel in charge of an Army barge engaged in operations incident to noncombat activities of the War Department or of the Army failed to sufficiently secure the vessel when mooring at claimant's dock, causing the barge subsequently to break from its mooring and damage the dock to the extent of $2,839.52.

Amount claimed, $3,549.40; amount reported, $2,839.52.

2. George A. Bercich, Patagonia, Ariz. Subsequent to March 13, 1943, military personnel engaged in field exercises incident to noncombat activities of the War Department or of the Army entered upon claimant's ranch land, damaging real and personal property to the extent of $2,870.

Amount claimed, $2,870; amount reported, $2,870.

3. Trustees under the will of Bernice P. Bishop, 848-850 Kaahumanu Street, Honolulu, T. H. On January 12 and 13, 1942, military personnel engaged in operations incident to noncombat activities of the War Department or of the Army demolished and partially removed a bathing pier from claimant's property, resulting in a loss to the claimant in the amount of $4,050.

Amount claimed, $4,050; amount reported, $4,050.

4. Alonzo Augustus Brannen, 2548 California Avenue, Wahiawa, Oahu, T. H. On August 9, 1942, military personnel engaged in operations incident to noncombat activities of the War Department or of the Army negligently caused the detonation of a store of antitank mines. The resulting concussion damaged claimant's property to the extent of $2,250.

Amount claimed, $2,250; amount reported, $2,250.

5. Morris Gomes, 2501 South Beretania Street, Honolulu, T. H. On December 7, 1941, a building occupied by the claimant as market concessionaire of the post exchange at Hickam Field, T. H., was damaged by enemy action and thereafter claimant's stock of merchandise and other property was appropriated by military personnel and the Army incident to noncombat activities of the War Department or of the Army, thereby causing a loss to the claimant in the amount of $7,340.53. Amount claimed, $9,038.71; amount reported, $7,340.53.

6. Thomas E. Heady and Marshall F. Ashburn, doing business as Heady & Ashburn Ranch, Patagonia, Ariz. Subsequent to March 13, 1943, military personnel engaged in field exercises incident to noncombat activities of the War Department or of the Army entered upon claimants' ranch land, causing damage thereon to the extent of $5,945.

Amount claimed, $5,945; amount reported, $5,945.

7. Margaret M. Lee, Patagonia, Ariz. Subsequent to March 13, 1943, military personnel engaged in field exercises incident to noncombat activities of the War Department or of the Army entered upon claimant's ranch land, causing damage thereon to the extent of $3,440.

Amount claimed, $3,440; amount reported, $3,440.

8. Robert E. McKee, 4700 San Fernando Road West, Los Angeles, Calif. Subsequent to December 7, 1941, military personnel engaged in operations incident to noncombat activities of the War Department or of the Army appropriated a large amount of construction material owned by the claimant and located at Schofield Barracks, T. H., thereby causing a loss to the claimant in the amount of $3,959.01.

Amount claimed, $3,959.01; amount reported, $3,959.01.

9. Florence V. Murphy, 271 Nahant Road, Nahant, Mass. On April 22, 1942, military personnel engaged in functional firing of coast artillery batteries incident to noncombat activities of the War Department or of the Army caused damage to claimant's property to the extent of $1,643.83.

Amount claimed, $1,875; amount reported, $1,643.83.

10. State of New Hampshire, Highway Department, Concord, N. H. On March 11, 1942, the operator of an Army weapons carrier engaged in operations incident to noncombat activities of the War Department or of the Army failed to maintain control of the Government vehicle while proceeding on an icy roadway, thereby causing the vehicle to strike a bridge owned by the town of Dummer, N. H., damaging it to the extent that replacement was necessary, the expense of which was borne by the claimant at a cost of $3,977.69.

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