represents the reasonable value of the property so lost or damaged, as shown on attached list: 1 25 percent. Lt. Col. W. M. DIXON, GENERAL ACCOUNTING OFFICE, Finance Department, United States Army, Washington, D. C. SIR: There has been received your letter of February 10, 1939, requesting decision whether you are authorized to make payment on a voucher transmitted therewith stated in favor of Edward P. Glenn, Jr., former private, Quartermaster Corps, United States Army, in the amount of $26.63, covering his claim for reimbursement under the act of March 4, 1921 (41 Stat. 1436), for the loss of his personal property. It appears claimant was transferred in the grade of private from Langley Field Va., to the Philippine Department, by Special Orders No. 209/10, Headquarters Third Corps Area, dated August 28, 1934, which orders directed him to proceed at the proper time to the Overseas Recruit Depot, Fort Slocum, N. Y., and report, not later than October 13, 1934, to the commanding officer for transportation en route to destination by the first available transport. Claimant states he was instructed to mark his baggage with name, Army serial number, branch of service, and destination, and place it in front of the First Recruit Company building the morning of the shipment; that he complied with such instructions; that when he arrived at Fort Jay, N. Y., he was told to get his baggage as soon as it arrived and reship it, but it could not be located; that he reported such fact to the quartermaster at Fort Jay who told him it would be located and that his baggage would probably be shipped direct to the O. D. and R. Depot, Brooklyn, N. Y., and there placed on the U. S. Army transport Chateau Thierry; that when he arrived at Fort McDowell, Calif., his baggage could not be found there, and he again reported such fact to the first sergeant in charge of the casual detachment; that he left San Francisco on the U. S. Army transport Meigs about February 2, 1935, arrived in Manila, P. I., about March 2, 1935, and again reported the missing bag to the commanding officer, who told him to write a letter to trace the shipment, and that he was later advised his baggage could not be located. No further action appears to have been taken until claim was made by letter of July 6, 1938, addressed to the Claims Division of this office, as follows: "If I have not properly routed my correspondence, will you please see that it reaches the office for which intended? I shall greatly appreciate that favor. "What procedure must I follow in order to register a claim for the adjustment of a loss encountered by the loss of the baggage mentioned in the enclosed communication and its endorsements? My delay in offering this claim has been due, while in the service, to improper advice, and since then, in an effort to locate the correspondence. The baggage consisted of approximately thirty ($30) dollars in service clothing charged and paid for from my clothing allowance money and approximately a like amount or more in civilian articles and clothing. This money could be used to a good advantage at this time. "May I hear from you, please, as to my chances in being compensated for this loss?" The claim was transmitted August 3, 1938, to the War Department for such action as might be deemed proper. The matter was referred to a Board of Officers convened October 24, 1938, at Headquarters, Third Corps Area, Baltimore, Md. Such board found that the claimant lost his baggage as listed by him in his affidavit executed at Pittsburgh, Pa., October 11, 1938, while he was in transit from Fort Slocum to Fort Jay, under proper authority January 2, 1935. The Secretary of War determined January 28, 1938, that he turned over his baggage on January 2, 1935, to the quartermaster at Fort Slocum for shipment and that the loss occurred without fault or negligence on the part of the claimant. Army Regulations 35-7100, paragraph 2 (a), sets out the procedure necessary to submit a claim under the act of March 4, 1921. The inquiries at the transfer points and letters attempting to trace the missing bag were not claims for reimbursement under the statute and did not meet the conditions prescribed by the regulations. The claim under the statute appears not to have been filed until submitted by the cited letter of July 6, 1938, and is therefore, barred under the express terms of the statute which provides "that no claim arising under this act shall be considered unless made within 2 years from the time that it accrued. * * You are advised that payment is not authorized on the voucher, returned herewith. See A-19388, August 6, 1927; A-18168, April 29, 1927; A-18400, May 14, 1927; 8 Comp. Gen. 212. Respectfully, Representative H. P. EBERHARTER, 1622 New House Office Building, Washington, D. C. DEAR SIR: I enclose herewith a copy of the "Report of Board" of a board of officers convened to determine whether I should be reimbursed for a loss for which the Government was responsible. The War Department approved the claim in the amount $26.63 and sent me the enclosed report for my consent approval. Before payment was made, however, it was disapproved by the Comptroller General on the contention that I had not made a claim within the required 2 years. It was true that no claim was actually put through, but I made two attempts as can be noted from evidence presented to the War Depart ment. The affair appears to me as being very like an officer telling me to report to him at a certain place within 2 hours; I go to the door, twice within the 2 hours, find the door locked and knock with no response and I come back after the 2 hours only to receive a reprimand for not being there sooner. I certainly can't understand it as a fair decision. I would appreciate it, sir, if you would do something with this claim in my behalf. I would like to tell them to keep it, but I have already spent much time and money on the claim and could use the money. Thanking you in anticipation of your cooperation, I am, Yours very truly, JUNE 12 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. BURKE, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 8099] The Committee on Claims, to whom was referred the bill (H. R. 8099) for the relief of James L. Kinney, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The facts are fully set forth in the following letter from the Compensation Commission, and House Report No. 2247, Seventy-sixth Congress, third session, which are appended hereto and made a part of this report. UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, CHAIRMAN, COMMITTEE ON CLAIMS, United States Senate, Washington, D. C. DEAR MR. CHAIRMAN: Reference is made to your request for the Commission's report upon the bill S. 3303, for the relief of James L. Kinney. The bill provides: "That notwithstanding the provisions and limitations of sections 15 to 20, both inclusive, of the Act entitled 'An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes', approved September 7, 1916, as amended, the United States Employees' Compensation Commission be, and the same is hereby, authorized and directed to receive and consider, when filed, the claim of James L. Kinney for disability alleged to have been incurred by him while in the employ of the Department of Commerce, Bureau of Air Commerce, and to determine said claim upon its merits under provisions of said Act: Provided, That claim hereunder shall be filed within six months after the approval of this Act: Provided further, That no benefits shall accrue prior to the enactment of this Act. "The disease of tuberculosis suffered by the said James L. Kinney shall, for the purposes of determining his right to compensation under such Act of September 7, 1916, as amended, be held to have been proximately caused by his employment." The first notice to the Commission of any injury or disability of James L. Kinney was contained in a letter dated Washington, D. C., April 27, 1939, from Mr. Dick Carlson, Director of Personnel, Civil Aeronautics Authority, transmitting claim Form (CA 4, unsigned and undated, in which it is stated that Mr. Kinney on December 28, 1936, sustained injury while employed as airline inspector by the Bureau of Air Commerce. This form contains the certificate of Dr. W. Claude Davis, of Tucson, Ariz., dated March 4, 1937, to the effect that S. Repts., 76-3, vol. 3- -63 he treated Mr. Kinney from February 16 to 22, 1937, and found him to have an advanced stage of pulmonary tuberculosis and that in his opinion the cause of this condition was the exertion and exposure incident to the investigation of an airplane accident while convalescing from influenza. It appears from the file in this case that Mr. Kinney returned to duty on May 1, 1937, prior to the expiration of accrued sick and annual leave and consequently suffered no loss of pay as the result of the alleged injury of December 28, 1936. There were also transmitted with Mr. Carlson's letter the following: 1. A letter of April 26, 1939, from John S. Collins, administrative assistant, Bureau of Foreign and Domestic Commerce, Commerce Department, which reads in part as follows: "Please permit me, therefore, to go back to what I believe to be the beginning of Mr. Kinney's present difficulty. * * * Some time in 1932 * * * Mr. Kinney was recalled from air-line-inspection activities and charged with the responsibility of the blind flying. "It is my recollection that the first actual blind flying under absolute zero flying conditions was made from College Park, Md., our experimental flying station, to Newark Airport, in February or March of 1933. This was during a very dense fog in an open-cockpit airplane. Some time following that flight, and others which were only undertaken under extreme weather conditions, Mr. Kinney seemed to go backward in physical condition and I would say that it was about June of 1933 when he had to stop for about a month's hospitalization, after which he seemed to be, to all outward appearances, in good physical condition and able to continue flying in air-line activities. * * "Mr. Kinney's physical condition, after his return to airline-inspection work, continued to be satisfactory until December 1936 when he had influenza, followed by two similar attacks. While recuperating from the second attack there was an airline crash * * *. On December 28, 1936, the day following the accident, an investigating committee, which included Mr. Kinney, proceeded to the scene of the accident, which occurred in one of the most inaccessible mountain spots in California. While on this trip, as I understand it, Mr. Kinney had to walk about 12 miles up the mountain and was exposed to snow, sleet, and rain for a period of from 12 to 18 hours. * * * He at least partly collapsed at about the time he reached the scene of the accident. Upon returning to his headquarters, in Burbank, Calif., he had another attack of what was said to be flu and which later developed that it was tuberculosis.' 2. Letter dated Los Angeles, Calif., April 4, 1939, from Dr. Carl R. Howson, which reads as follows: "Mr. James L. Kinney has requested that I give you a brief outline of his case. "Mr. Kinney first came to me on May 1, 1937, and gave a history of having been examined in May 1934, at which time he was advised to take it easy for a year. The "In December 1936 he had influenza, followed by two similar attacks. day after he got up from the second attack he had to walk some 12 miles in the mountains to investigate an airplane crash. Following this he had to take to his bed. Tuberculosis was diagnosed about the middle of February 1937 and pneumothorax began February 19. At the time of my first examination he had very slight occasional cough and no expectoration. Strength was improving and he had gained 12 pounds in weight in 3 months. Since that time he has been having pneumothorax at intervals. During the latter part of 1937 he had considerable fluid, but this has not given much trouble since. "His films show the upper half of the left lung densely infiltrated and not collapsed. There is probably a cavity still present. On February 16, 1939, the films showed a beginning lesion in middle of the right lung. "Because of this I advised a marked restriction of his activities. His condition has improved somewhat since then, but inasmuch as the condition is likely to become aggravated whenever he resumed any activity, I have now advised that he quit work entirely and rest for a few months in order to give the lesion in the right lung a chance to quiet down. When this has been accomplished, surgical collapse of the upper portion of the left lung is indicated. The exact form which this will take, whether thoracoplasty or extrapleural pneumothorax, will be determined by his physicians at that time. It will necessitate a prolonged period of rest." It further appears from the file in this case that Mr. Kinney has been granted leave of absence effective May 1, 1939, on account of his physical condition. After careful consideration of all the evidence on file in this case, together with the opinion of its own medical advisors, the Commission determined that it was precluded by the provisions of sections 15 to 20 of the Federal Employees' Compensation Act of September 7, 1916, which require notice of injury and claim for |