further treatment and finally had her jawbone set so that it held. There will be found hereafter appended several doctors' statements describing in detail this child's injuries. Her face and jaw are now very definitely and permanently deformed. The teeth on one side are out of line, causing extreme difficulty in proper mastication, and it is stated by the doctors that it is probable that some of her second teeth will never grow, due to this serious injury to the jawbone. Since the accident, the child has developed some sort of a blood clot in her stomach for which she is now being treated. She has lost a year of school and has undergone severe pain and suffering. There will be found hereafter appended an attorney's statement and a number of hospital and medical bills, showing that the expenses incurred amounted to approximately $1,000, as a result of this accident, and it is the recommendation of your committee, in view of all the circumstances, that the bill, as amended, do pass. Appended hereto is the report of the Department of the Interior, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, THE SECRETARY OF THE INTERIOR, Chairman, Committee on Claims, House of Representatives. MY DEAR MR. CHAIRMAN: I have received your letter of February 23, enclosing a copy of H. R. 3976, entitled "A bill for the relief of Cliff Knowlen," and requesting a report thereon. This proposed legislation would authorize and direct the Secretary of the Treasury to pay to Cliff Knowlen, of Brainerd, Minn., the sum of $5,000 in full settlement of all claims against the United States for losses sustained by him on account of personal injuries received by his minor daughter, Violet Knowlen, who was injured on September 30, 1938, near Garrison, Minn., when struck by a truck of this Department. The records on file in this Department indicate that Violet Knowlen ran from behind a parked automobile directly into the path of an oncoming Government truck, which action on her part was at least a contributing cause of her injuries. The accident occurred, however, in a posted school zone opposite a schoolhouse and the Government driver of the truck was aware of this fact, which indicates that he did not exercise the utmost of caution under the circumstances. A copy of the report of the accident on file in this Department is enclosed. In these circumstances, this Department is disposed to recommend that some relief be granted the claimant, but in the absence of the submission of definite proof of the extent of the damage to the claimant as a result of the accident, it is not believed that this Department should recommend the payment of any specific amount. Sincerely yours, Memorandum for the Director: E. K. BURLEW, Acting Secretary of the Interior. DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, REGION 2, Omaha, Nebr., November 4, 1938. This is with reference to a motor-vehicle accident which occurred on September 30, involving a truck assigned to Camp SP-15, Mille Lacs, Minn. Enclosed are copies of forms 26, 27, statements of enrollee driver, witnesses, the investigating officer's report, and copies of correspondence between this office and the field. The accident occurred when a little girl, Violet Knowlen, 6 years old, Star Route, Brainerd, Minn., in alighting from an automobile that had brought her to school, ran into the left rear side of the truck driven by Enrollee Ralph Jarrett. Unfortunately the child was seriously injured in that her arm and jaw were broken. A careful review of the statements of the persons involved or witnessing the accident show that the enrollee driver was in no way to blame for the mishap. Upon approaching the school zone he reduced his speed to 20 miles per hot, and as he came near to the parked car that was discharging the children he blew his horn. All the children except the little girl, who ran from behind the parked car, waited on the side of the road. The foreman who accompanied the detail of enrollees substantiates the statements of the driver and witnesses in that the driver had slowed down, sounded his horn, and even swung to the right onto the shoulder of the road upon seeing the child start to run across the road. Under the circumstances we do not believe that the driver was responsible for the accident and therefore, no disciplinary action is being taken against Enrollee Jarrett. Assistant Regional Director. DEPARTMENT OF THE INTERIOR, Mille Lacs Lake SP-15, Garrison, Minn., October 26, 1938. Memorandum for Regional Director Allen: We are enclosing herewith several statements from children, which were witnesses to the accident, also the correct and copies of Form 26 as requested in your memorandum dated October 13, signed by Mr. Donald B. Alexander, Acting Regional Director. Regarding your question as to the speed within a school zone, there is no specific rate of speed stated in the Minnesota Highway Traffic Regulations. For your reference we are enclosing a copy of same. AAGE THOMPSON, Project Superintendent, Mille Lacs Lake SP-15. DEPARTMENT OF THE INTERIOR, Omaha, Nebr., October 13, 1938. Memorandum for Superintendent Thompson, SP-15, Minnesota: Reference is made to your memorandum of October 5, reporting motor-vehicle accident which occurred on September 30, involving truck CCC 86751 driven by Enrollee Ralph Jarrett. A careful review of your report and statements of witnesses, driver of the truck and Foreman Lane would indicate that the little girl, Violet Knowlen, ran into the rear wheel of the truck. Foreman Lane states that the truck was traveling at about 25 miles per hour, which statement is corroborated by the driver who says that he slowed down to not more than 20 miles per hour upon observing the private car stop opposite the school for the children to alight. This rate of speed in the vicinity of a school zone seems excessive. Will you please advise us what the Minnesota law is with regard to the speed of motor vehicles in the country school districts or zones? We would appreciate your obtaining statements from the brother of the little girl who was injured and any other children who may have witnessed the accident. These statements, of course, need not be signed by the children, but their version may help give us a little clearer picture of just how the accident happened. Form No. 26 is being returned for correction, completion, and your signature. Also two additional copies of this form should be submitted to us as early as possible with the additional information requested. ACTING REGIONAL DIRECTOR. SEPTEMBER 30, 1938. When escorting a detail of enrollees to work this morning about 8:15 a. m. the truck proceeded west on Highway No. 18 traveling about 25 miles per hour. As we approached the region of the Borden Lake schoolhouse I noticed a car parked on the opposite side of the road facing east. I cautioned the driver that there may be children in the parked car. He immediately slowed down and sounded his horn. Just as we were about to pass the car I noticed a small child coming from behind it and run across the road. The driver applied his brakes and swung the truck to the right, stopping on the shoulder of the road. I got out of the truck and about 15 feet behind the truck and somehow in the middle of the road a young lad was picking up the child which had run across the road. Evidently she must have run into the back end of the truck, which was a long wheelbase. I assisted in bringing the child to a nearby house. From there she was taken to the camp surgeon. HELMER T. LANE, Foreman, Mille Lacs Lake SP-15 GARRISON, MINN., September 30, 1938. On September 30, 1938, at about 8:15 a. m., I was driving a Ford V-8, stake, License No. C. C. C. 86751, west on Highway No. 18, taking about 17 Civilian Conservation Corps enrollees to work. Mr. Lane, the N. P. S. foreman in charge of the job was riding in the front seat beside me, the enrollees were in the body of the truck. The road was in good condition and weather clear. The brakes on my truck were in good condition, both before and after this accident. As we approached the school zone for the Borden Lake School, which is about 11⁄2 miles from Garrison and on the north side of the road, I saw a car, which was heading east, stop on the south side of the road, which is the opposite side from the schoolhouse. This car stopped about half on the surfacing and half on the shoulder of the road. As I saw three children get out of the right hand or south side of the stopped car, I honked my horn and slowed down to not more than 20 miles per hour. I later found out that there had been four children in the car. Just as I was going past the parked car, I glanced at it and noticed that it was driven by either Del or Noel Metzer. At the time I did not know which one it was as I am not well acquainted with them. I later found out that it was Noel Metzer. In this same glance I noticed a little girl running from behind the parked car straight for the body of my truck. (When I first noticed the children get out of the car, I did not see this girl at all.) I immediately swung to my right and applied my brakes, stopping within not more 20 feet from the place where I first saw the girl. When I stopped I was not sure whether or not the girl had run into the truck, but both Mr. Lane and I jumped out of the cab and ran back and saw a boy about 14 or 15 years old holding her in his arms. This boy later proved to be her brother. When I reached the two children, I saw that the girl was hurt. I am quite sure that the Metzer car was standing still when I passed him. However, when I reached the boy with the hurt girl in his arms the car was gone. I later found out that the little girl's name is Violet Knowlen. The brother carried the little girl over to a nearby house where the Donaldsons live. Mrs. Donaldson offered the use of her car, so I drove the hurt girl, her brother, and Mrs. Donaldson to camp where the girl was taken to the hospital under the care of Dr. G. L. Kennedy, the camp doctor. RALPH JARRETT, Enrollee-Truck Driver, Company 2711 C. C. C. AITKIN, MINN., May 16, 1939. Re Violet Knowlan. Hon. HAROLD KNUTSON, M. C. Washington, D. C. DEAR CONGRESSMAN: Since receiving your letter in this matter I have had the child brought in to determine, so far as may be, the present condition of her. She was in with her parents yesterday and she had a medical examination and I enclose a report of same. As you know, there is a medical organization in this State-and probably in every State. Under their rules they are pledged not to testify against another member. So the result is that it is difficult to get medical proof of anything which may involve another member. In our case the patient was first treated at Brainerd, Minn. Later when she was brought to the University Hospital, a doctor there stated to Cliff Knowlan and his wife, that they had a clear case of malpractice. Of course, we do not base any claim on that but my point is this; once a doctor gets in contact with a case of this kind then it becomes difficult to get another doctor to state facts, where they might involve another or former doctor. So here, they practically say: They have done a fine job and there has been a fine recovery. The truth is that this girl is badly disfigured because the fractured jaw is so crooked and out of line. She does not look like a normal child. The lower jaw on her right side turns in-teeth pointing inward. The upper and lower jaw do not meet as they should for that reason. The face looks deformed and only a blind person could fai to see it. The lump she had in the abdomen, was some sort of a blood clot. It developed shortly after the accident, but now it does not appear to hurt the girl so much although it is still there but not in an inflamed condition, so doctor says. This girl has gone through a lot of suffering. She had been doctoring all the time since the accident. The jawbone has been set and reset many times and also wired to the upper jaw to keep it in shape. It has been broken open several times in order to reset it. Then she has had the stomach disorders which developed after the accident and not before. The parents are indebted for all the doctors, hospitals, medicines, X-ray services, and so on. The mother has devoted nearly all her time to care of the child and the father has spent much of his time in traveling back and forth. How much longer this will continue is hard to tell. She does not go to school. She is able to walk and be about but apparently the parents do not leave her to herself or to any distance from her home. The truth about the accident is as I have formerly related but the Civilian Conservation Camp is trying to minimize it, naturally, and to show that there was contributory negligence on part of the child. Under the law in this State a child of such tender years is incapable of contributory negligence. Even if it was true that she suddenly dashed out from back of a car and ran in front of the truck, she could not be held to be contributorily negligent. But the fact and the truth is that she was walking across the highway from west toward the schoolhouse located on the easterly side of the highway, when the Civilian Conservation truck came along from the south, going northerly to work, at a speed of over 30 miles per hour. The driver had passed there so often that it was a matter of habit with him. If he had slowed down to say 20 miles per hour he would have been able to stop and thus prevent the accident, but he was unable to stop, or else he did not see the child at all. The automobile in which Violet had been riding had already left, going southerly to Garrison, so she could not possibly have been back of that car, as claimed. It was a case of flagrant neglect and carelessness on part of the driver and I may properly include the foreman in this because he was in that truck in the front seat at the time and there were about 20 boys in the back of the truck. It is not at all likely that the foreman or the driver will assume any more blame than they have to take. In fact the tendency is to minimize everything and pass the blame on to the child, if possible. I am sure you have all these facts in mind, but the committee will have to be assured of the justice of the claim before it will allow it and that is proper. I return the papers you sent me and also affidavit of a local doctor. Use your own judgment as to what papers you believe are proper to introduce. Of course, if the committee reduces the amount of payment, we shall have to be satisfied. We are confident that you will do all you can for us and we hope it can be settled and paid soon. To summarize 1. She loses a year of school. 2. Her face and jaw are deformed and teeth on one side out of line, with the probability that some of them will not come out at all. 3. She has gone through a lot of severe suffering and pain. 4. Her parents have incurred over a thousand dollars in medical, hospital, and other expenses. 5. Her digestive system has been out of order and still is subject to that bloodclot, whatever that is. Respectfully, STATE OF MINNESOTA, County of Aitkin, ss: I, L. Mitby, being duly sworn says: LOUIS HALLUM. That he is a duly qualified and licensed physician and surgeon in the State of Minnesota and has been actively engaged in his profession in said State since his graduation from the University of Minnesota in 1935. That Violet Knowlan, a female child of the age of 7 years, was brought to his office for a medical examination on May 15, 1939, and he made a thorough and careful examination of said child and he also made careful inquiry as to her history with reference to an injury which she sustained on September 30, 1938. I find and report as follows: Examination of the above patient on May 15, 1939, revealed an asthenic young female child, age 7, with a visible deformity of the lower jaw and a slight scar of the right, lower jaw, medial to the angle of the mandible. The parents give history of the child being struck by a truck on September 30, 1938, and the child has not been well since then. Previous history of child is essentially negative except for history of measles and bladder trouble in 1937, treated by Dr. Thabes, Brainerd, Minn. Child at the time of said accident was in good physical condition and was attending first grade in school at the time of the accident. Family history is negative. History of treatment of fracture of right humerus and fracture of right mandible, as well as contusions of body, especially about the face, neck, and ears, and numerous lacerations and abrasions of the body, was rendered at St. Joseph's Hospital, at Brainerd, Minn., for 3 weeks. Due to poor reset in treatment of fractured mandible, this case was removed to the University of Minnesota Hospital for further treatment, on October 19, 1938. Treatment rendered by Dr. Carl Waldron consisted of open reduction of fracture and wiring of jaw for a period of 6 weeks. Recovery was very good following this procedure and no evidence of osteomyelitis was evident. Examination at this date shows a residual depression of right mandible, about midway between symphysis and angle of jaw. This is visible to ordinary observation. There also appears to be a slight buccal rotation of the affected side of the jaw thus impairing occlusion to moderate degree. X-ray reveals fracture completely healed and permanent unerupted teeth, the cuspid and two bicuspids and second molar in good condition. There is a slight scar as previously mentioned in this location. The eyes are normal and react to light. Nose and throat show moderate injection of tonsils and reddened turbinates and congested. Temperature 98.4, pulse 90. Ears negative. Heart and lungs were negative and blood pressure was 84/60. Examination of abdomen revealed a mass in right, lower quadrant just above the symphysis pubis; not tender but slightly movable, about 3 centimeters in diameter. History of inflammatory condition in January 1939, no doubt the etiological factor here. Extremities show normal motion, length, and reflexes, including right arm. No paresis or atrophy of muscles present. Apparently child is happy and has not suffered mentally in this prolonged illness but she is a year behind in her school work. Conclusions are that physically there will be a slight disfigurement of the lower jaw with slight malocclusion. Slight permanent scar of right lower jaw. I. L. MITBY, M. D., Aitkin, Minn. Subscribed and sworn to before me this 16th day of May 1939. (SEAL] My commission expires May 24, 1944. LOUIS HALLUM, Notary Public, Aitkin County, Minn. BRAINERD CLINIC, January 14, 1939. Re Violet Knowlen. DEAR MR. HALLUM: In reply to your request addressed to Dr. J. A. Thabes, Sr., on January 10, the following report is submitted: Violet Knowlen, age 6, white child, was admitted to St. Joseph's Hospital, Brainerd, Minn., at 12:10 p. m. on the 30th day of September 1938. The parents stated that while she was crossing the street coming to school she was struck by a forestry truck. The child was brought in by Dr. Kennedy from the Garrison Civilian Conservation Corps Camp. Examination showed a well-developed, well-nourished young female child. The head is smeared with blood, there are several small lacerations on the scalp and forehead; also many scratches. There are considerable scratches and lacerations about the ear and neck especially. The right side is swollen. The right jaw is badly swollen; the upper teeth in front are loose. These are first teeth. There are many scratches and abrasions about the left shoulder and back; none of them are very severe. The legs are bruised. There is considerable bruising |