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1st Session

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No. 498

RAY G. SCHNEYER AND DOROTHY J. SCHNEYER

May 3, 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, sub

mitted the following

REPORT

(To accompany H. R. 43731

The Committee on the Judiciary, to whom was referred the bill (H.R. 4373) for the relief of Ray G. Schneyer and Dorothy J. Schneyer, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

A similar bill was favorably reported by the committee and passed the House in the Eightieth Congress, but no action taken by the Senate,

The facts will be found fully set forth in House Report No. 1397. Eightieth Congress, second session, which is appended hereto and made a part of this report.

H. Rept. No. 1397, 80th Cong., 2d sess. The purpose of the proposed legislation is to pay the sum of $1,500 to Ray G. Schneyer and the sum of $500 to Dorothy J. Schneyer, both of Whittier, Calif., in full settlement of all claims against the United States for personal injuries, medical and hospital expenses, property damage and loss of wages sustained as a result of an accident involving a United States Army vehicle, on Rosemead Boulevard, Rosemead, Calif., on September 30, 1944.

STATEMENT OF FACTS

All the evidence in connection with the claim has been filed with the Department of the Army and in the report from the Secretary, dated November 24, 1947, gives in detail the damages sustained and recommends favorable consideration to the bill if it should be so amended to appropriate the sum of $1,500 to Mr. Schneyer and $500 to Mrs. Schneyer. In view of the fact that all evidence has been considered by the Department of the Army, your committee concurs in the views of the Secretary and recommends favorable consideration to the bill as amended. Letter from the Secretary of the Army is as follows:

DEPARTMENT OF THE ARMY,

Washington, D. C., November 24, 1947. Hon. EARL C. MICHENER,

Chairman, Committee on the Judiciary, House of Representatives. DEAR MR. MICHENER: The Department of the Army would have no objection to the enactment of H. R. 2919, Eightieth Congress, a bill for the relief of Ray G. Schneyer and Dorothy J. Schneyer, if it should be amended as hereinafter recommended.

This bill would authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, the sum of $4,666.65 to Ray G. Schneyer; to pay the sum of $4,666.65 to Dorothy G. (I). Schneyer, both of Whittier, Calif., in full settlement of all claims against the United States for personal injuries, hospital and medical expenses, and property damage, sustained as the result of an accident involving a United States Army vehicle on Rosemead Boulevard, Rosemead, Calif., on September 30, 1944.

On September 30, 1944, at about 9 p. m., an Army truck, operated by an enlisted man on official business, was proceeding south on Rosemead Boulevard in Rosemead, Calif., in the south-bound traffic lane next to the center island, at a speed of 35 to 40 miles an hour. An automobile owned and operated by Clifton C. Porterfield, in which Mrs. Dorothy Porterfield and Ray G. Schneyer and his wife, Mrs. Dorothy J. Schneyer, were riding as passengers, and a second automobile owned and operated by Fred E. Goss, in which his wife, Mrs. Helen H. Goss, was riding as a passenger, were proceeding north on their proper side of Rosemead Boulevard near its intersection with the Pacific Electric Railway tracks. After crossing the railway tracks the driver of the Army truck permitted his vehicle to cross over to the left side of the street, where it collided first with the Porterfield car and then with the Goss car. Both of the civilian cars were damaged, Mr. Porterfield was killed, and Mrs. Porterfield, Mr. and Mrs. Goss, and Mr. and Mrs. Schneyer were personally injured.

On May 24, 1945, Dr. George H. Rue, 1000 Whittier Boulevard, Montebello, Calif., made the following statement concerning the injuries sustained by Mr. and Mrs. Schneyer:

Mr. Schneyer sustained a severe concussion and a fracture of the left wrist.

“Mrs. Schneyer received contusions of the lower jaw, and below the right knee; also abrasions just above the right ankle. X-ray showed no evidence of fracture.

"Mr. Schneyer received bed rest for the concussion; reduction and splinting of the fracture of the left wrist.

“Mrs. Schneyer had a dressing put on the abrasions.

"In view of the severe concussion sustaned by Mr. Schneyer I feel that prognosis of permanent recovery must be regarded in spite of the fact he is feeling comparatively well at the present time.”

On Novem: <r 19, 1945, Ray G. Schneyer was examined by an Army medical officer, who r de the following statement concerning such examination:

“Mr. Schnever states he was in an auto accident September 30, 1944, which involved a 272-ton Army truck, and occurred on Rosemead Boulevard, Los Angeles, Calif. He received a broken left wrist, concussion, and minor bruises and injuries in the accident. He now complains of an annoying pain in the neck which he states is present about 99 percent of the time.'

“On examination, the left wrist presented no visible signs of abnormality All movements were made normally, and no tenderness or pain was elicited. There was no evidence of pathology in the neck region; movements of the head were made normally in direction and extent. Some tenderness to deep palpation was elicited at the base of the skull posteriorly. All other examination was negative.

"It is the opinion of the undersigned (Army medical officer) that Mr. Schneyer is not suffering any permanent disability as the result of this accident."

On the same date, November 19, 1945, Mrs. Schneyer was examined by the same Army medical officer who made the following statement concerning his examination of her:

Mrs. Schneyer complained of a pain in the left jaw and some tenderness of the left leg, just below the left knee. These complaints were based on the results of an auto accident September 30, 1944, on Rosemead Boulevard, Los Angeles, Calif., which involved an Army 2%-ton truck. Physical examination was negative except for the following: There is a well-healed scar, 1 inch long, over the right leg, anteriorly, and just al ove the internal meileolus. Thc : car is nons: inptomatic; all movements of the ankle joint are made normally. There is a small

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area of tenderness to pressure with the finger over the anterior surface of the right tibia (shin bone) and about 4 inches below the patella. There is no scar, or external evidence of injury.

"There is no external evidence of injury to the left jaw. All movements of the jaw are made normally, and there is normal occlusion of the teeth. Examination of both ear drums and canals was normal.

"It is the examiner's opinion that Mrs. Schneyer is not suffering any permanent disability as the result of the accident."

As a result of this accident Mr. and Mrs. Schneyer incurred the following expenses: Ambulance service to receiving hospital.

$4, 00 Receiving hospital equipment..

3. 00 Doctor at receiving hospital.-

6. 00 Ambulance to Beverly Hospital.

5. 00 Hospital charge at Beverly Hospital.

37. 80 Doctors' fees to Sept. 24, 1945

73. 50 Cost of cleaning and repairing damaged clothing.

46. 50 Total...

175. 80 It appears that as a result of his injury in this accident Mr. Schneyer lost 126 hours from his employment, at $1.25 an hour, thereby sustaining a total loss of wages in the amount of $157.50. It does not appear that Mrs. Schneyer was employed at the time of the accident.

On September 24, 1945, Ray G. Schneyer and Dorothy J. Schneyer filed a joint claim with the War Department in the amount of $9,333.30 for personal injuries sustained by them in this accident, medical and hospital expenses actually incurred, wages lost by Mr. Schneyer, property damage, pain and suffering sustained by both claimants, and possible future medical expenses. On July 31, 1946, the claim was approved by the Department in the amount of $175.80 (medical and hospital expenses actually incurred and damage to the clothing of the claimants), provided that the claimants would agree to accept such amount in full satisfaction and final settlement of their claim for medical and hospital expenses and property damage. This the claimants have not agreed to do. There is no statute or appropriation under which these claimants may be compensated administratively for personal injuries as such, pain and suffering, loss of wages by Mr. Schneyer, or possible future medical expenses.

The evidence clearly establishes that this accident and the resulting personal injuries, expenses, and losses sustained by Mr. and Mrs. Schneyer were caused solely by the negligence of the driver of the Army vehicle involved in said accident in that he carelessly permitted his truck to cross over to the left side of the highway and collide with the automobile in which the claimants were riding. There was no negligence on the part of Mr. and Mrs. Schneyer or on the part of the driver of the automobile in which they were riding. The Department of the Army, therefore, believes that Mr. and Mrs. Schneyer should be compensated in reasonable amounts for the damages sustained by them. The proposed awards of $4,666.65 to each of the claimants appear to be somewhat excessive. Considering the nature of the injuries sustained by the claimants and all of the facts and circumstances in the case it is the view of the Department of the Army that an award to Mr. Schneyer in the amount of $1,500 ($175.80 for medical and hospital expenses actually incurred and property damage sustained by Mr. and Mrs. Schneyer; $157.50 for loss of wages; and $1,166.70 for personal injuries and pain and suffering sustained by him) and an award to Mrs. Schneyer in the amount of $500 (for personal injuries and pain and suffering) would constitute fair and reasonable settlements for all of the damages sustained by the claimants as a result of this accident.

It is recommended that the text of this bill be amended to read as follows: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Ray G. Schneyer, of Whittier, California, the sum of $1,500, and to Dorothy J. Schneyer, of Whittier, California, the sum of $500, in full settlement of all claims against the United States for the property damages, personal injuries, pain and suffering and loss of wages sustained, and the medical and hospital expenses incurred by them, as the result of an accident involving an Army vehicle which occurred on Rosemead Boulevard, Rosemead, California, on September 30, 1944: Provided, That no part of the amounts appropriated in this

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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 these claims, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating any of 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.”

These claims are not cognizable under the provisions of the Federal Tort Claims Act of August 2, 1946 (60 Stat. 842; 28 U. S. c. 921), for the reason that the accident out of which they arose occurred prior to January 1, 1945.

The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours.

KENNETH C. ROYALL,

Secretary of the Army.

MONTABELLO, Calif., September 19, 1946. To Whom It May Concern:

Mr. Raymond G. Schneyer was in an automobile accident last fall, at the time he had a rather severe concussion and fracture of the left wrist. He has been unable to remember anything for a short period before the accident and a longer period after the accident. Since that time he has periods of dizziness, though this is improving a little. He also complains of headaches which come and go and last for only a few minutes.

In view of the severe concussion sustained I feel that the prognosis must be guarded as in a case of this kind some sequela might develop at a later period.

GEORGE H. RUE, M. D. O

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AMENDING THE FEDERAL FOOD, DRUG, AND COSMETIC

ACT OF JUNE 25, 1938, AS AMENDED

Mar 3, 1949.—Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. PRIEST, from the Committee on Interstate and Foreign Commerce,

submitted the following

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The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 3151), to amend the Federal Food, Drug, and Cosmetic Act of June 25, 1938, as amended, by providing for the certification of batches of drugs composed wholly or partly of any kind of aureomycin, chloramphenicol, and bacitracin, or any derivative thereof, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The bill has the approval of the Federal Security Agency, the Department of Commerce, and the Federal Trade Commission, as will appear from letters attached dated March 25, 1949, April 5, 1949, and March 30, 1949, respectively.

This bill also has the support of the drug manufacturers which are presently engaged in the production of the new antibiotics with which this bill is concerned.

The purpose of this bill is set forth in great detail in the letter, dated February 21, 1949, from the Federal Security Administrator to the Speaker of the House of Representatives, requesting legislation for the inclusion of aureomycin, chloramphenicol, and bacitracin among the drugs listed in section 507 (1) of the Federal Food, Drug, and Cosmetic Act. Summarized, briefly, the purpose is to require for these three new drugs the same well-tested certification procedure that has been applicable for several years with respect to penicillin and streptomycin. This certification procedure is necessary for the protection of the public because any deviation from the standards of identity, strength, quality, and purity established for these drugs is apt greatly to endanger human lives.

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