CONSIDERATION OF H. R. 834 MAY 17, 1949.-Referred to the House Calendar and ordered to be printed Mr. MADDEN, from the Committee on Rules, submitted the following REPORT [To accompany H. Res. 2201 The Committee on Rules, having had under consideration House Resolution 220, report the same to the House with the recommendation that the resolution do pass. JOHN K. JACKSON MAY 18, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. LANE, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 1499) The Committee on the Judiciary, to whom was referred the bill (H. R. 1499) for the relief of John K. Jackson, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to pay the sum of $4,442.30 to John K. Jackson, of Astoria, Oreg., in full settlement of all claims against the United States for personal injuries suffered on December 22, 1937, when shot by Garwyn S. Diehl, radioman, first class, United States Navy. STATEMENT OF FACTS It appears that on December 22, 1937, about 8 o'clock, while Mr. John K. Jackson was operating his filling station, a Navy radioman, armed with an Army or Navy service revolver, entered his station, pointed his weapon at Jackson, mumbled some words and, without giving him a chance to do anything, shot Jackson in the abdomen. The robber was later arrested and pleaded guilty to the charge, and was sentenced to the State penitentiary, Salem, Oreg. The name of the said robber was Garwyn S. Diehl, radioman. first class. United States Navy. As a result of this accident, Mr. Jackson was seriously injured and was confined in the Columbia Hospital, Astoria, Oreg., for 14 days and was discharged from the hospital in a very weakened condition and, as a result, was unable to work for 3 months and 8 days, and was not able to do full work during the entire year of 1938. It was necessary for Mr. Jackson to hire a helper to run his station while he was confined at home at a cost of approximately $600. His medical and hospital expenses amounted to approximately $375. The Navy Department in its report states that the records show that at the time the injury was inflicted, Garwyn S. Diehl was attached to and serving at the Naval Radio Traffic Station, Astoria, Oreg. It further sets forth that at approximately 8 o'clock the morning of December 23, 1937, Diehl reported to the radioman in charge that he had been questioned the previous evening by Oregon State police and the Clatsop County sheriff concerning his whereabouts at the time of the robbery and shooting of John K. Jackson which occurred on the evening of December 22, 1937. Diehl requested, and was granted, special leave commencing on the morning of December 23, 1937, for the purpose of finding witnesses to verify his whereabouts on the evening in question. Diehl did not return to the station at the expiration of his special leave and was reported absent over leave as of 9 o'clock of the morning of December 24, 1937. The Department further states it must be concluded that Diehl was absent on authorized liberty on the evening of December 22, 1937. Your committee is of the opinion that Mr. Jackson should be compensated for these serious injuries, which were caused solely by the Navy radioman and not through any fault or negligence on the part of the claimant. Therefore, your committee recommends favorable consideration to the bill. Hon. DAN R. McGEHEE, NAVY DEPARTMENT, OFFICE OF THE JUDGE ADVOCATE GENERAL, Chairman of the Committee on Claims, House of Representatives. MY DEAR MR. CHAIRMAN: The bill H. R. 7098, for the relief of John K. Jackson, was referred to the Navy Department by the Honorable Walter Norblad with a request for a review of the facts in this case and a report thereon to your committee. The purpose of the bill is to authorize and direct the Secretary of the Treasury to pay to John K. Jackson, of Astoria, Oreg., the sum of $4,442.30 in full satisfaction of his claim against the United States for damages resulting from personal injuries suffered on December 22, 1937, at Astoria, Öreg., when Mr. Jackson was shot by Garwyn S. Diehl, radioman first class, United States Navy. The Navy Department has been advised by Mr. Norblad that H. R. 7098 supersedes H. R. 6850, Seventy-sixth Congress. The facts of the case have been reviewed and examined as requested. The Navy Department records show that at the time the injuries were inflicted, Garwyn S. Diehl was attached to and serving at the Naval Radio Traffic Station, Astoria, Oreg. At approximately 8 a. m. on December 23, 1937, Diehl reported to the radioman in charge that he had been questioned the previous evening by Oregon State police and the Clatsop County sheriff concerning his whereabouts at the time of the robbery and shooting of John K. Jackson which occurred on the evening of December 22, 1937. Diehl requested, and was granted, special leave commencing on the morning of December 23, 1937, for the purpose of finding witnesses to verify his whereabouts on the evening in question. Diehl did not return to the station at the expiration of his special leave and was reported absent over leave as of 9 a. m.. December 24, 1937. From a careful examination of the records, the Navy Department is convinced that Garwyn S. Diehl, former radioman first class, United States Navy was not absent over or without leave from his station on the evening of December 22, 1937, nor absent therefrom in a duty status. It must be concluded therefore, that Diehl was absent on authorized liberty on the evening of December 22, 1937. Enactment of the bill would result in a cost to the Government of $4,442.30. The Navy Department does not consider that the United States is in any way responsible for Diehl's misconduct while ashore on authorized liberty and, therefore, recommends against the enactment of the bill H. R. 7098. The Navy De partment opposed the enactment of a similar bill, H. R. 6850, Seventy-sixth Congress, also for the relief of John K. Jackson. The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this report to the Congress. For the Secretary of the Navy. Hon. EARL C. MICHENER, O. S. COLCLOUGH, Rear Admiral, United States Navy, NAVY DEPARTMENT, OFFICE OF THE JUDGE ADVOCATE GENERAL, Chairman of the Committee on the Judiciary, House of Representatives. MY DEAR MR. CHAIRMAN: The bill (H. R. 4000) for the relief of John K. Jackson, was referred by your committee to the Navy Department with request for a report thereon. The purpose of the bill is to authorize and direct the Secretary of the Treasury to pay to John K. Jackson, of Astoria, Oreg., the sum of $4,442.30 in full satisfaction of his claim against the United States for damages resulting from personal injuries suffered on December 22, 1937, at Astoria, Oreg., when Mr. Jackson was shot by Garwyn S. Diehl, radioman first class, United States Navy. In its comment on an identical bill, H. R. 7098, Seventy-ninth Congress, the Navy Department expressed its opposition to the enactment of the proposed legislation. This view was supported by a careful examination of the records which led the Navy Department to the conclusion that Garwyn S. Diehl, former radioman first class, United States Navy, was not absent over or without leave from his station on the evening of December 22, 1937, nor absent therefrom in a duty status, so that his absence on the evening of December 22, 1937, must have been on authorized liberty. Further, the Navy Department did not consider that the United States is in any way responsible for Diehl's misconduct while ashore on authorized liberty. The Navy Department is aware of no reason to change its view of this matter; accordingly, it recommends against enactment of the present bill H. R. 4000. The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this report to the Congress. For the Secretary of the Navy. Respectfully yours, O. S. COLCLOUGH, Rear Admiral, United States Navy, STATE OF OREGON, AFFIDAVIT OF JOHN K. JACKSON County of Clatsop, ss: I, John K. Jackson, being first duly sworn, say and depose as follows, to wit: That on December 22, 1937, and for 7 years immediately prior thereto, I was the owner and operator of a service station at 1456 Franklin Avenue, Astoria, Oreg. That about 8 p. m. on said December 22, 1937, while I was in and operating said station, a robber armed with an Army or Navy service revolver entered said station, pointed his weapon at me, mumbled some words, and without giving me a chance to do anything, shot me in abdomen. That said robber was later arrested about September 1938 and pleaded guilty to the charge and was sentenced to the State penitentiary, Salem, Oreg., by the circuit court of the State of Oregon for Clatsop County. That the name of said robber was Garwyn S. Diehl, radioman, first class, United States Navy. That as a result of so being shot, I was seriously injured, and was confined in the Columbia Hospital, Astoria, Oreg., for 14 days, and was discharged from said hospital in a very weakened condition. And as a result I was unable to work for 3 months and 8 days, and was not able to do full work during the whole year of 1938. H. Repts., 81-1, vol. 3—79 |