WADE H. NOLAND AUGUST 8, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. LANE, from the Committee on the Judiciary, submitted the following REPORT (To accompany H. R. 28541 The Committee on the Judiciary, to whom was referred the bill (H. R. 2854) for the relief of Wade H. Noland, 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 $145.50 to Wade H. Noland, of Waynesville, N. C., in full settlement of all claims against the United States for services rendered as United States Commissioner. Western District of North Carolina, during the quarters ending October 31, 1946, and January 31, 1947, but not paid because the account covering such services was not rendered within the time prescribed by law. STATEMENT OF FACTS A report from the Administrative Office of the United States Courts, recommending the enactment of this bill is as follows: ADMINISTRATIVE OFFICE OF THE UNITED STATES Courts, Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, WASHINGTON, D. C., March 31, 1949 House of Representatives, Washington, D. C. DEAR CONGRESSMAN CELLER: For Mr. Chandler, I acknowledge receipt of your letter of March 25 requesting information regarding H. R. 2854, a bill for the relief of Wade H. Noland, Waynesville, N. C. Mr. Noland is a United States Commissioner in the Western District of North Carolina, having been appointed to that position by the United States district court for that district, effective May 18, 1944. He submitted accounts for fees for services rendered as a United States Commissioner for the quarterly periods ending October 31, 1946, and January 31, 1947, totaling $145.50, the amount indicated in H. R. 2854. but the total claimed was disallowed a the accounts were not submitted within 1 year after rendition of the services for which the fees were claimed as provided by statute (28 U. S. C. 636). If the accounts had been submitted within the statutory period, they would have been paid. If the bill is enacted, it would appear that the amount of $145.50 would be subject to increases allowed under the Federal Employees' Pay Acts of 1945 and 1946, which would raise the amount to $228.25. Photostats of the pay vouchers showing the total amount deducted and a form letter dated February 25, 1948, to Mr. Noland, informing him of the action taken with regard to the accounts he submitted, are enclosed. Sincerely yours, ELMORE WHITEHURST, Assistant Director. STATE OF NORTH CAROLINA, County of Haywood, ss: Wade H. Noland, being duly sworn, deposes and says: That he is the United States Commissioner of Haywood County, Western District of North Carolina. That he has not been paid for services rendered as United States Commissioner Western District of North Carolina, during the quarters ending October 31, 1946 and January 31, 1947, in the aggregate amount of $145.50. That said sum was not paid because the account covering his services was not rendered within the time prescribed by law. The sum of $145.50 will be accepted as full settlement of all claims against the United States for the quarters ending October 31, 1946 and January 31, 1947. WADE H. NOLAND Sworn to and subscribed before me, this 16th day of March 1949. (SEAL] C. H. LEATHERWOOD, ESTATE OF MAURICE G. EVANS AUGUST 8, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. DENTON, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 3081] The Committee on the Judiciary, to whom was referred the bill (H. R. 3081) for the relief of the estate of Maurice G. Evans, having considered the same, report favorably thereon with amendments and recommend that the bill do pass. The amendments are as follows: Page 1, line 5, strike out "Mrs. Dorothy M. Evans", and insert in lieu thereof "the estate of Maurice G. Evans". Page 1, line 8, strike out "her husband", and insert in lieu thereof "the said". Amend title so as to read: A bill for the relief of the estate of Maurice G. Evans. The purpose of the proposed legislation is to pay the sum of $6,500 to the estate of Maurice G. Evans, of Bakersfield, Calif., as compensation for the death of the said Maurice Gwinn Evans, as a result of personal injuries sustained by him on October 24, 1944, when the automobile in which he was riding as a passenger was struck by an Army truck at the intersection of Kern Island Road and Taft Highway, Kern County, Calif. STATEMENT OF FACTS It appears that at about 2 p. m. on October 24, 1944, a civilian automobile in which Mr. Maurice G. Evans was riding as a passenger was proceeding in a westerly direction on Taft Highway, in Kern County, Calif. At the same time an Army vehicle, operated by an enlisted man on an authorized mission, was proceeding north on Kern Island Road toward the intersection of that road with Taft Highway. Taft Highway is a through thoroughfare and vehicles crossing it on Kern Island Road are required to come to a stop before entering the intersection. The driver of the Army vehicle claims that he did come to a stop before entering the intersection, but this is controverted by statements made not only by the driver of the civilian vehicle but also by independent witnesses. The two vehicles collided near the center of the intersection and Mr. Evans sustained personal injuries which resulted in his death on October 27, 1944. Mr. Evans was 31 years of age and was employed as a chemist at a salary of $4,800 per annum. He left surviving his wife, 30 years of age, and three small children, whose ages were 6 years, 21⁄2 years, and 6 months, respectively, all of whom were entirely dependent upon him for their support. Mrs. Evans received an administrative payment from the Department of the Army in the amount of $1.000 to cover medical, hospital, and burial expenses actually incurred. The sum of $6,500 is for compensation for the death of her husband. The Department of the Army recommends enactment of this bill. Therefore, your committee concurs in the Department's recommendation, and recommends favorable consideration to the bill. Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, DEPARTMENT OF THE ARMY, Washington, D. C., August 30, 1948. House of Representatives. DEAR MR. MICHENER: The Department of the Army would have no objection. to the enactment of H. R. 6385, Eightieth Congress, a bill "For the relief of Mrs. Dorothy M. Evans," if it should be amended as hereinafter recommended. This bill provides as follows: "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 Mrs. Dorothy M. Evans, of Bakersfield, California, the sum of $10,000, in full settlement of all claims against the United States for damages sustained on account of the death of her husband, Maurice Gwinn Evans, as a result of personal injuries sustained by him on October 24, 1944, when the automobile in which he was riding as a passenger was struck by an Army truck at the intersection of Keru Island Road and Taft Highway, Kern County, California." At about 2 p. m. on October 24, 1944, a civilian automobile in which Mr. Maurice G. Evans was riding as a passenger was proceeding in a westerly direction on Taft Highway in Kern County, Calif. At the same time an Army vehicle. operated by an enlisted man on an authorized mission, was proceeding north on Kern Island Road toward the intersection of that road with Taft Highway. Taft Highway is a through thoroughfare and vehicles crossing it on Kern Island Road are required to come to a stop before entering the intersection. The driver of the Army vehicle claims that he did come to a stop before entering the intersection, but this is controverted by statements made not only by the driver of the civilian vehicle but also by independent witnesses. The two vehicles collided near the center of the intersection and Mr. Evans sustained personal injuries which resulted in his death on October 27, 1944. Thereafter, Mrs. Dorothy M. Evans, the widow of Maurice G. Evans and the executrix of his estate, presented a claim to the War Department (now Department of the Army) in the amount of $164,337.30 ($163,200 for wrongful death; $260.18 for medical expenses: $180.53 for hospital expenses; and $696.59 for burial expenses). The only statute available to the Department of the Army under which a claim of this character may be considered for administrative settlement. is the act of July 3 1943 (57 Stat. 372; 31 U. S. C. 223b), as amended This set authorizes the Department to settle and pay a claim in an amount not in excess of $1,000 for damages on account of personal injury or death "caused by military personnel or civilian employees of the War Department or of the Army while acting within the scope of their employment, or otherwise incident to noncombat activities of the War Department or of the Army," provided that "The amount allowed on account of personal injury or death shall be limited to reasonable medical, hospital, and burial expenses actually incurred." The act further pro vides that "The Secretary of War (now Secretary of the Army) may report such claims as exceed $1,000 to Congress for its consideration." On December 8, 1947, the claim filed by Mrs. Evans as executrix was approved by the Department of the Army in the amount of $1,136.30 (the correct total of the medical, hospital, and burial expenses actually incurred) under the provisions of the act of July 3, 1943, supra, as amended, for report to Congress for an appropriation for the relief of the estate of Maurice G. Evans in that amount. Subsequently Mrs. Evans as executrix indicated a desire to receive an administrative payment from the Department in the amount of $1,000 in full settlement of the claim of the estate for the medical, hospital, and burial expenses actually incurred, and that amount will be paid to her administratively when she files an acceptance agreement in which the estate agrees to accept such amount in settlement of the claim for such expenses. The records of the Department of the Army show that at the time of his death Mr. Evans was 31 years of age and was employed as a chemist at a salary of $4,800 per annum. He left surviving his wife, Mrs. Dorothy M. Evans, 30 years of age, and three small children, whose ages were 6 years, 21⁄2 years, and 6 months, respectively, all of whom were entirely dependent upon him for their support. Mrs. Evans has received an award from the State Compensation Insurance Fund of California on account of the death of her husband for the benefit of herself and children in the aggregate amount of $6,000, payable in installments of $25 per week. The evidence in this case clearly establishes that the accident which occurred on October 24, 1944, and which resulted in the death of Maurice G. Evans, was not caused by any fault or negligence on the part of Mr. Evans, but resulted solely from the negligence of the driver of the Army vehicle involved in said accident. It is, therefore, believed that the estate of Mr. Evans should be compensated by the United States in a reasonable amount for damages on account of his injury and death Considering the fact that a settlement is being made administratively for the medical, hospital, and burial expenses incurred, and that the decedent's widow has received an award of compensation from the State Compensation Insurance Fund of California in the aggregate amount of $6,000 for the benefit of herself and minor children, it is the view of the Department of the Army that an award by the Congress of $6,500 to the estate of Maurice G. Evans would constitute a fair and reasonable settlement of all claims against the United States on account of the injury and death of Mr. Evans. The Department, therefore, would have no objection to the enactment of this bill if it should be amended to provide for an award to this estate in an amount not exceeding the sum of $6,500. If this bill is favorably considered it is recommended that the title and text thereof be amended to read as follows: "A BILL For the relie. of the estate of Maurice G. Evans. "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 the estate of Maurice G. Evans, deceased, of Bakersfield, California, the sum of $6,500, in full settlement of all claims against the United States for the personal injury and death of the said Maurice G. Evans as a result of an accident involving an Army vehicle which occurred at the intersection of Kern Island Road and Taft Highway, Kern County, California, on October 24, 1944: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any subrogee: And provided further, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating 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." This claim is not cognizable under the provisions of the Federal Tort Claims Act (60 Stat. 842; 28 U. Š. C. 921) since the accident out of which it arises 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, |