compensation to be filed within 1 year from the date of injury, from considering the connection between Mr. Kinney's tubercular condition and his blind-flying experiments in 1933, and that it would, therefore, have to limit its consideration to the relation between his present condition and the alleged injury of December 28, 1936. It was concluded that there was not sufficient evidence that the conditions of his employment were responsible for his disability after May 1, 1939, and Mr. Kinney was advised by letter of July 10, 1939, that under these circumstances no benefits might be extended in his case. The bill, S. 3303, apparently is designed to waive in favor of Mr. Kinney the bar of the time limitations in sections 15 to 20, inclusive, of the Federal Employees' Compensation Act of September 7, 1916, and to constitute in addition a legislative determination that his tubercular condition is proximately caused by his employment by the Federal Government, leaving the Commission free to determine any other questions of fact in connection with the case and to afford him such measure of relief as he may be entitled to under the provisions of the Compensation Act. It may not be out of place to invite the committee's attention to the fact that in similar cases where the Commission has been barred by the time limitation provisions of the act of September 7, 1916, from considering the merits of a claim, special legislation for the relief of the injured employee has usually been in the form of a bill merely waiving the bar of the time limitations with respect to any claim that may be filed in those cases under the provisions of the Federal Employees' Compensation Act of September 7, 1916, and leaving the Commission free to consider the merits of the case. In view of the foregoing, the Commission feels constrained to withhold any favorable recommendation with respect to the advisability of the enactment of the bill, S. 3303. Very truly yours, JEWELL W. SWOFFORD, Chairman. [H. Rept. No. 2247, 76th Cong., 3d sess.] 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 without amendment and recommend that the bill do pass. The purpose of the proposed legislation is merely to waive the bar of the time statute of limitations of the Employees' Compensation Act, and to authorize and direct the Employees' Compensation Commission to 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, and to leave the Commission free to determine the case on its merits under the remaining provisions of the act. The bill was introduced, by Mr. Kennedy of Maryland, chairman of this committee, at the request of the chairman of the Civil Aeronautics Authority, and the facts are fully set forth in a letter addressed by the chairman of the Authority to the Speaker of the House, dated January 8, 1940, which letter is appended hereto and made a part of this report. CIVIL AERONAUTICS AUTHORITY, The honorable SPEAKER OF THE HOUSE OF REPRESENTATIVES, Washington, D. C. MY DEAR MR. SPEAKER: There is submitted herewith a bill for the relief of James L. Kinney, employee of the former Bureau of Air Commerce, Department of Commerce, and employee of the present Civil Aeronautics Authority. I present his claim in the form of a private relief bill because, as the facts stated in this letter will disclose, his is a case most deserving of some form of recompense for injury received in the faithful performance of his duties, which recompense he will be denied unless this bill is enacted. Mr. Kinney was first employed by the former Bureau of Air Commerce in 1927, and after various changes in duties and assignments, was made an air-line inspector. In 1929 the Bureau of Standards, in cooperation with the Bureau of Air Commerce, began experimental work in connection with the development of blind flying. Mr. Kinney was assigned to this work in 1932 when the inspector previously assigned to the work was forced to discontinue his experiments due to ill health resulting from the arduous duties required of him. The blind-flying experiments up until the time Mr. Kinney was placed in charge had not included actual flying during absolute zero visibility. The first actual flying in such weather conditions was conducted during February or March of 1933. In order to secure conditions which would properly test the practicability of blind flying, it was necessary for Mr. Kinney to fly an open-cockpit aircraft through dense fog and similar conditions. These flights were conducted only during the most extreme weather conditions, and, as a result, Mr. Kinney's health became seriously impaired, forcing him to give up his activities in connection with these experiments in June of 1933, at which time he was forced to spend a month in a hospital. At that stage of blind-flying development, each experimental flight was a definite risk of life or permanent injury. This risk was fully understood by Mr. Kinney but was undertaken with all its hazardous possibilities as his contribution to the service and to the science of aeronautics. The results of Mr. Kinney's preliminary experiments are a contributing cause to the present-day leadership of American aviation under any or all weather conditions. Upon his recovery Mr. Kinney did not resume the blinu-flying activities, but returned to air-line inspection work in which he had been engaged previously. He remained in apparent good health until December of 1936, at which time he was stricken with influenza, immediately followed by two similar attacks. While recuperating from the second attack, on December 28, 1936, he was made a member of a committee, formed for the purpose of investigating an air-line accident which occurred near Saugus, Calif. The plane had crashed in one of the most inaccessible and mountainous areas in California. To reach this spot Mr. Kinney had to walk about 12 miles up the mountain, exposed to snow, sleet, and rain, for a period of from 12 to 18 hours. Members of the investigating party stated that upon reaching the scene of the accident he was nearly in a state of collapse. At this time there were few men of his experience available to carry out the necessary Government supervision of aviation. It is felt that his absolute devotion to duty, which necessitated flying in all weather conditions, long hours of overtime, and day after day of irregular working, living, and sleeping conditions, all in line of active duty, have been a contributing cause to his present condition. Upon returning to his headquarters in Burbank, Calif., Mr. Kinney developed another attack of what was thought to be influenza, but which was later found to be tuberculosis. At that time he was immediately sent to the Veterans' Administration hospital in Tucson, Ariz., where he remained for about 3 months. During this time the required forms for reporting the illness to the United States Employees' Compensation Commission were executed. However, Mr. Kinney was able to return to his duties before the expiration of his annual and sick leave, and those forms were never submitted to the Commission. Mr. Kinney returned to our regional office at Burbank, Calif., and continued to perform his duties there until early in 1939, at which time he suffered a severe recurrence of the tubercular condition. His physician advised him to return to the Veterans' Administration hospital, which he did on or about May 1, 1939. Upon his return to the hospital, the forms which had been completed but had never been filed with the United States Employees' Compensation Commission, were forwarded to that Commission, but his claim for compensation resulting from personal injury was disallowed owing to the impossibility of definitely determining that Mr. Kinney's tuberculosis was service-connected. We have in our files letters from the physicians who examined Mr. Kinney from the time he first resumed work after his blind-flying experiments until the tubercular condition was recognized. Their letters state that it is their opinion that Mr. Kinney's present condition is directly attributable to the conditions under which he felt obligated to perform his duties. I feel that this is an instance in which the Government of the United States should take definite steps to repay in part the services rendered to it by Mr. Kinney. In the light of his accomplishments in the development of American aviation and of his contributions to the service of his Government, his record warrants every consideration that may be granted to him by the United States Government. He is definitely one of those men who pioneered the work in the development of air commerce, which has resulted in the present air-transportation system of the United States. We feel we owe a debt to those men, and in the case of this one, less fortunate than the rest, the Government of the United States can in this manner repay him in some small degree for his meritorious services far exceeding the scope of ordinary or regular duties. Consequently, we submit this bill for the relief of James L. Kinney in the hope that Congress will see fit to grant him compensation as provided in the attached bill. Very truly yours, ROBERT H. HINCKLEY, Chairman. 76TH CONGRESS 3d Session SENATE { REPORT No. 1837 HAROLD C. PREBLE 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. 8708] The Committee on Claims, to whom was referred the bill (H. R. 8708) for the relief of Harold C. Preble, naval architect, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The facts are fully set forth in House Report No. 2296, Seventysixth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 2296, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 8708) for the relief of Harold C. Preble, naval architect, 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 such sum or sums, amounting in the aggregate not to exceed $79.17, as may be required by the Secretary of the Navy to reimburse, under such regulations as he may prescribe, Harold C. Preble, naval architect, for the value of personal effects lost in the disaster to the United States submarine Squalus on May 23, 1939. The bill was introduced by the chairman of this committee at the request of the Acting Secretary of the Navy, and the facts are fully set forth in his letter addressed to the Speaker of the House of Representatives, under date of February 19, 1940. This letter is appended hereto and made a part of this report. NAVY DEPARTMENT, The SPEAKER OF THE HOUSE OF REPRESENTATIVES, MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill for the relief of Harold C. Preble, naval architect. The purpose of this bill is to authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, the sum of $79.17, or such portion as may be necessary, to pay the claim of Harold C. Preble, naval architect, for the value of personal effects lost in the disaster to the U. S. S. Squalus on May 23, 1939. The record of the proceedings of the court of inquiry convened on June 19, 1939, at the Navy Yard, Portsmouth, N. H., by order of the Secretary of the Navy, to inquire into all the circumstances connected with the disaster to the U. S. S. Squalus, shows that the Squalus left the Navy Yard, Portsmouth, N. H., May 15, 1939, for operations in accordance with operation order No. 4-39, issued by the commandant, Navy Yard, Portsmouth, N. H. At about 7:40 a. m. on May 23, 1939, the U. S. S. Squalus made a dive in training for the dive required by trial requirements approved by the Secretary of the Navy. During the dive water entered the vessel through the main engine induction valve, flooding the four compartments of the ship abaft of the after control room bulkhead, causing the vessel to sink in approximately 240 feet of water. The vessel was properly organized and officers and crew stationed in accordance with requirements for acceptance trials and good submarine practice. Prior to this dive the vessel had been rigged for diving and was so reported to the commanding officer. The report that the engine rooms were flooding having been communicated to the commanding officer he took the proper steps to bring the ship to the surface but was unable to do so due to the extent of flooding. A number of the crew were rescued and other members of the crew lost their lives. The vessel was subsequently salvaged. The claimant, a naval architect in the Navy Department, had been assigned by proper authority to duty aboard the U. S. S. Squalus during her preliminary trial runs and dives and was aboard at the time of the disaster above referred to. The property which forms the basis of his claim is made up of items of wearing apparel and other items used by him in connection with his official duties. The Navy Department is of the opinion that as the losses of claimant's effects occurred without fault or negligence on his part and consisted only of articles of personal effects necessary in the performance of his duties, he should be reimbursed for the losses sustained. The additional cost to the Government should this proposed legislation be enacted will not exceed $79.17. The Navy Department recommends that the proposed legislation be enacted. LEWIS COMPTON, Acting. Sincerely yours, O 76TH CONGRESS 3d Session } SENATE { REPORT No. 1838 AMENDING ACT AUTHORIZING THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO FURNISH POTOMAC WATER WITHOUT CHARGE TO CHARITABLE INSTITUTIONS JUNE 13 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. KING, from the Committee on the District of Columbia, submitted the following REPORT [To accompany S. 3870] The Committee on the District of Columbia, to whom was referred the bill (S. 3870) to amend the act entitled "An act authorizing the Commissioners of the District of Columbia to furnish Potomac water without charge to charitable institutions, and so forth, in the District of Columbia," approved February 23, 1905, having considered the same, report thereon favorably with the recommendation that the bill do pass. The purpose of the bill is to authorize the Commissioners of the District of Columbia to furnish Potomac water without charge to charitable institutions which do not have inmates. The existing law is so worded that charitable institutions which do not have inmates, that is persons who actually reside at the institutions, are prevented from obtaining free water because the authority in the Commissioners to furnish it is based solely on the number of inmates of said institutions, the statute providing: * * The Commissioners of the District of Columbia are authorized to furnish Potomac water without charge to charitable institutions * * * to an amount to be fixed in each case by the said Commissioners, not to exceed a rate of 100 gallons per day for each inmate of said institution * * There are several charitable institutions whose objects are primarily eleemosynary, who have had to be denied free water solely because they had no inmates. O |