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100 feet through heavy brush and down grade over boulders and embankments to reach the stream level.

My first move after the accident occurred was to half slide and half leap down the north side of the bank of the stream in order to reach Miss Orwig as soon as possible. I moved her into a position where it was impossible for her to slide into the water, administered first aid as best I could, assured her that I would return as soon as I could, and went for help.

I ran down the trail approximately one-fourth of a mile, taking a branch trail which leads to the top of Multnomah Falls and shouted three times slowly and distinctly, "Help. The roar of the falls was so terrific that I was afraid that I could not be heard and ran back to the main trail where I met two young fellows. I dispatched one of them to the lodge at the foot of the trail for help and returned to the scene of the accident with the other. We made preparations to get Miss Orwig across the stream in as comfortable and warm a position as possible to await help. While we were thus engaged two or three people arrived and during the next hour a number of people congregated; with the aid of everybody present we completed all the preparations for the trip down the trail. These included cutting a trail through the underbrush from the main path to the creek edge, building a makeshift stretcher, administering first aid, and organizing carrying teams for the trip down the mountain. Approximately an hour was consumed between the time of Miss Orwig's fall and the time we succeeded in bringing her back to the top of the bridge.

Thereafter we proceeded down the trail about half the distance to the lodge where we met George Minielly, a deputy county sheriff of Multnomah County. He was accompanied by a first-aid attendant from the lodge. These men had first-aid equipment with them and a regulation stretcher. They gave Miss Orwig additional first aid and carried her to the lodge and waiting ambulance in which she was taken to the hospital.

After Miss Orwig had left for the hospital, I returned to the scene of the accident with Mr. Minielly for the purpose of taking pictures of the scene and making a report of the accident.

The attached two exhibits, marked exhibit --- and exhibit-.--, are photographs taken upon our return to the scene of the accident.

I took both of these photographs upon my return to the scene of the accident with Mr. Minielly and exhibit was taken from the same spot where Miss Orwig had taken my picture and where I prepared to take hers. Unfortunately, I did not take a picture of Miss Orwig as she fell. Exhibit shows that portion of the rail which gave way and which Officer Minielly and I retrieved from the creek bed and placed in the position shown in the picture.

Prior to the accident the bridge railing appeared sound and firm and I had no intimation that it was otherwise. In fact, as subsequent developments demonstrate, the accident could easily have happened to me.

Upon examining the bridge after the accident with Officer Minielly, I found that the railing was weak and that the timbers had badly deteriorated through dry rot. The piece of railing that gave way, was so deteriorated on the underside that the wood could be crumbled to dust in your hand. This condition, however, was not apparent upon casual observation; in fact the railing appeared to be very substantial and had it not so appeared, I certainly would not have leaned against it.

Attached hereto and marked exhibit is a copy of Officer Minielly's report, the original of which was filed with the sheriff's office. I am advised that Officer Minielly is now in foreign service with the United States Army.

I make this affidavit for the purpose of assisting Miss Orwig in presenting her claim to the Congress of the United States.

HARRY H. BRAUGHT, Jr., Subscribed and sworn to before me, a notary public for the State of Oregon, his 21st day of June 1944. SEAL)

BELLE SCHNEIDER,

Notary Public. O

ST. ELIZABETH HOSPITAL, YAKIMA, WASH., AND OTHERS

MAY 5, 1949.--Committed to the Committee of the Whole House and ordered

to be printed

Mr. BYRNE of New York, from the Committee on the Judiciary,

submitted the following

REPORT

(To accompany H. R. 1619)

The Committee on the Judiciary, to whom was referred the bill (H. R. 1619) for the relief of St. Elizabeth Hospital, Yakima, Wash., and others, 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 $1,085.50 to St. Elizabeth Hospital, Yakima, Wash.; to pay the sum of $8 to Hopkins Mortuary, Toppenish, Wash.; to pay the sum of $250 to Dr. Guy Marcy, Seattle, Wash.; to pay the sum of $100 to Dr. Thomas Angland, Yakima, Wash.; to pay the sum of $15 to Emily Pursell, Yakima, Wash.; and to pay the sum of $1.52 to Brown's Pharmacy, Toppenish, Wash., a total of $1,460.02.

STATEMENT OF FACTS

It appears that James Whitebull, a Canadian Indian, not a beneficiary within the meaning of the Interior Department Appropriation Act 1946 (59 Stat. 318, 344), was injured as a result of resisting arrest by Deputy Special Officer Lawrence Goudy, Indian Service policeman, on November 3, 1945, in circumstances indicating a violation of the act of June 15, 1938 (52 Stat. 696), providing a penalty for the sale, gift, etc., of intoxicating liquor to an Indian. Mr. Whitebull broke away from the special officer and refused to halt when commanded to

The officer fired into the ground when Mr. Whitebull was 50 to 60 yards away; the bullet, striking the hard-packed cinder bed about 25 yards from the policeman, ricocheted and struck the escaping Indian in the back of the neck. Mr. Whitebull was immediately taken to the St. Elizabeth Hospital by ambulance since no Indian Service facility is available in Toppenish, Wash. The hospital, individuals.

do so.

and organizations mentioned previously accepted this patient in good faith assuming that he was one of the local Indian beneficiaries of the Bureau of Indian Affairs. It was not discovered for some time that Mr. Whitebull was a Canadian Indian and as such not eligible for care at the expense of the Bureau of Indian Affairs.

It is disclosed that for many years in the past, a close working relationship has been in effect between the United States Indian Bureau and staffs of the State, county, and private hospitals including St. Elizabeth Hospital in Yakima, Wash.; their act of hospitalizing James Whitebull was primarily humanitarian. The doctors, nurses, and personnel of the mortuary and drug store cooperated to the fullest extent possible to reduce the suffering of the individual and to assist in his treatment.

Your committee is of the opinion that the hospital, doctors, and other individuals included in this bill acted in good faith and should be paid for the services rendered this Indian, and therefore recommends favorable consideration to the bill.

SECRETARY OF THE INTERIOR,

Washington, July 29, 1948. Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary,

House of Representatives. MY DEAR MR. MICHENER: This will acknowledge the receipt of your communication of May 21, 1948, asking for a report on H. R. 5898, a bill for the relief of St. Elizabeth Hospital, Yakima, Wash., which you indicate will be amended to include $374.52 for the services of an anesthetist, Emily S. Pursell; two physicians and surgeons, Drs. Guy E. Marcy, Jr., and Thomas A. Angland; the Hopkins Mortuary for ambulance service; and Brown's Pharmacy for medical supplies.

The facts regarding the injury and hospitalization of James Whitebull are as hereinafter stated. James Whitebull, a Canadian Indian, not a beneficiary within the meaning of the Interior Department Appropriation Act, 1946 (59 Stat. 318, 334), was injured as a result of resisting arrest by Deputy Special Officer Lawrence Goudy, Indian Service policeman, on November 3, 1945, in circumstances indicating a violation of the act of June 15, 1938 (52 Stat. 696), providing a penalty for the sale, gift, etc., of intoxicating liquor to an Indian. Mr. Whitebull broke away from the special officer and refused to halt when commanded to do so. The officer fired into the ground when Mr. Whitebull was 50 to 60 yards away; the bullet, striking the hard-packed cinder bed about 25 yards from the policeman, ricocheted and struck the escaping Indian in the back of the neck. Mr. Whitebull was immediately taken to the St. Elizabeth hospital by ambulance since no Indian Service facility is available in Toppenish, Wash. The hospital, individuals, and organizations mentioned previously accepted this patient in good faith assuming that he was one of the local Indian beneficiaries of the Bureau of Indian Affairs. not discovered for some time that Mr. Whitebull was a Canadian Indian and as such not eligible for care at the expense of the Bureau of Indian Affairs.

At the present and for many years in the past, a close working relationship has been in effect between the United States Indian Bureau and staffs of the State, county, and private hospitals including St. Elizabeth in Yakima, Wash. Their act of hospitalizing Mr. Whitebull was primarily humanitarian. The doctors, the nurse, and personnel of the mortuary and the drug store likewise cooperated to the fullest extent possible to reduce the suffering of the individual and to assist in his treatment. There is no objection on the part of the Indian Bureau to the payment of these bills if Congress feels there is a Federal responsibility in this case.

The Bureau of the Budget has advised me that there is no objection to the submission of this report to your committee. Sincerely yours,

J. A. KRUG, Secretary of the Interior

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AFFIDAVIT
I, the undersigned, do hereby certify that there is on file at the Yakima Indian
Agency notarized affidavits from Hopkins Mortuary, St. Elizabeth Hospital,
Dr. Guy Marcy, Dr. Thomas Angland, Emily Pursell, Brown's Pharmacy reviewing
the case of James Whitebull, Canadian Indian, who was accidently shot by
Officer Lawrence Goudy, November 3, 1945. The affidavits agree with informa-
tion on file in the Indian agency office and the charges quoted are correct.

As a summary of the charges still due, I list the following:
Hopkins Mortuary -

$8.00 St. Elizabeth Hospital.

1, 085. 50 Dr. Guy Marcy

250.00 Dr. Thomas Angland..

100. 00 Emily Pursell..

15. 00 Brown's Pharmacy.

1. 52 Total.--

1, 460. 02 The services which were rendered as a result of the above charges were all authorized by the Yakima Indian Agency. To date, no payment has been made to cancel the agency's indebtedness.

G. W. SHOTWELL. Subscribed and sworn to before me this 12th day of April A. D. 1948.

D. FLEMING, Chief Clerk, Office of Indian Affairs, Toppenish, Wash.

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AFFIDAVIT I, the undersigned, being duly authorized to act for Hopkins Mortuary, do hereby certify that a call was placed for ambulance service by Special Officer Otto Waddell, of the Yakima Indian Agency, November 3, 1945, to transfer James Whitebull from Toppenish to St. Elizabeth Hospital, Yakima, Wash. The patient was in critical condition due to a gunshot wound, and immediate transfer was necessary.

The charge for said service was 25 cents per mile for 20 miles, $5, plus a flat fee
of $3, making a complete charge of $8. This charge is correct, just, and still due.

K. K. HOPKINS, Owner.
Subscribed and sworn to before me this 6th day of April, A. D., 1948.
SEAL)

Mrs L. H. Youngs,
Notary Public in and for the State of Washington.

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AFFIDAVIT Sister Reine, superintendent of St. Elizabeth Hospital, Yakima, Wash., being duly authorized to act for St. Elizabeth Hospital in the case of James Whitebull, a Canadian Indian, hereby certifies that the following statements concerning the above-mentioned James Whitebull are true and that the record of services rendered and expenses incurred in his behalf are correct and just. The facts concerning the case are as follows:

That James Whitebull, a Canadian Indian who entered the United States as a visiting alien, was engaged in agricultural work in the vicinity of Toppenish at the time the accident occurred;

That he received a gunshot wound, November 3, 1945, from Deputy Special Officer Lawrence Goudy, Indian Service policeman, in an attempted arrest for the possession of liquor;

That he was rushed to St. Elizabeth Hospital by ambulance-Hopkins Mortuary of Toppenish-by order of Special Officer Otto Waddell of the Yakima Indian Agency who accompanied him;

That the physician who attended him in emergency surgery, Dr. Guy Marcy, ordered X-ray and immediate admission as a patient and preparation of surgery for the removal of the bullet;

That Dr. Thomas A. Angland was called to assist Dr. Guy Marcy in the operating room and as a consultant on the case;

That Emily Pursell, private anesthetist, was requested to administer the gas anesthetic;

That authorization for hospitalization, with the understanding of payment in full, was obtained from the Yakima Indian Agency, Toppenish, Wash., and dated November 3, 1945 (Case No. Health-47037; 47242-45);

That the cost of treatment for hospital nursing care for 132 days, surgery, X-ray, laboratory, medicines, dressings, physiotherapy treatments both in inpatient and out-patient services totaled $1,085.50 (itemized statement attached);

That the claim for the above hospital charges was transmitted from the Yakima Indian Agency to the Commissioner of Indian Affairs, Department of the Interior, Chacago 54, ill., June 27, 1946 (Case No. 477655);

That the claim was then forwarded by the Acting Commissioner, J. W. Hutchison, to the General Accounting Office, Washington, D. C., with a letter dated April 14, 1947 (Claim No. 0744035);

That the General Accounting Office, Washington, D. C., in a letter to St. Elizabeth Hospital, dated April 25, 1947, refused payment of claim stating that “Claims against the United States can be paid only from funds which are specifically appropriated therefor," and since there was no appropriation to pay for the hospitalization of Canadian Indians, there was no authority of law for payment of any part of the claim by the General Accounting Office;

That the charges itemized in the attached bill are true and correct charges and agree with those submitted in the original billing, and that no part of the same has been paid.

SisteR REINE,

Superintendent, St. Elizabeth Hospital. Subscribed and sworn to before me this 30th day of March, A. D. 1948. (REAL)

T. J. CORKERY, Notary Public in and for the State of Washington.

YAKIMA, WASH., March 24, 1948. JAMES WHITEBULL

To St. Elizabeth's Hospital, Dr. Ward bed: To 101 days' board and attendance from November 3, 1945 to February 12, 1946, at $5.50 per day

$555. 50 Private room: To 31 days' board and attendance from February 12 to March 15, 1946, at $7 per day

217.00 November 3, 1945, removal of bullet, use of operating room $18; anaesthetic, Pursell.

18 00 (Medicine itemized on opposite side) Medicine, $125.25, dressings, $26.25, laboratory, $6, 6 urinalyses at $1. 157. 50 November 3, 1945, AP & Lat. Cerv, spine, X-ray

12. 50 Crutches..

4. 50 In-patient, to 51 physiotherapy treatments at $2...

102. 00 Out-patient: April and May 1946, 9 physiotherapy treatments.

18 00 Pharmacy charge for analgesic balm...

. 50 Total amount.

1, 085. 50 I certify that no payment has been received for the above charges.

SISTER REINE, Superintendent, St. Elizabeth Hospital. Subscribed and sworn to before me this 30th day of March A. D., 1948. (BEAL

T. J. CORKERY, Notary Public in and for the State of Washington.

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