IRISH LEGATION,
Washington 8, D. C.

HIS

STATEMENT OF JOHN JOSEPH O'MARA'S EXPENSES, AS SUBMITTED BY SOLICITORS, MESSRS. MANGAN AND HUGHES, CALEDONIAN CHAMBERS, 31 DAME ST., DUBLIN

REPORT FROM DESMOND M. O'HANLON, L. R. C. P. & S. I.

Re John O'Mara, 31 Upper Dominick Street.

On the night of January 27-28, 1944, I was on duty at Jervis Street Hospital. At about 20 minutes past midnight I was called to attend a patient who had been admitted to the accident department. On examination I found that the patient was suffering from shock and exhibited evidence of having lost a quantity of blood. All his clothing on the upper left side was saturated with blood and the blood had flowed down the leg of his trousers. He had been put sitting on a chair and he was on the point of fainting. The student on duty assisted me to remove his clothing and put him on a trolley. Further examination then revealed that he had been wounded in his left arm. I found two linear wounds-one situated on the lateral aspect of the arm just below the shoulder, approximately 1 inch long and about a quarter inch wide, and the other situated on the antrolateral aspect of the arm immediately above the elbow joint and approximately 2 inches long and gaping widely. Both wounds were bleeding profusely, were of a nasty character, and appeared to be deep. I ordered the operating theater to be got ready and while this was being done first aid was administered to relieve shock and stop bleeding. I then assisted to take the patient to the theater where I administered a local anesthetic and made a detailed examination. I searched the wounds for foreign matter which might have been carried in, excised the wounds, ligatured the bleeding vessels, packed wounds with sulphonamide powder and then sutured the wounds with silk-worm gut. My recollection is that the larger wound required five sutures and the smaller wound two sutures. I then dressed the wounds and administered 1,000 units of antitetanus serum. A guard had arrived during my preliminary examination and my recollection is that this guard saw the patient home by taxi or some other conveyance.

The patient gave me his name as John O'Mara of 31 Upper Dominick Street. He told me that he was secretary of a club and that while on his way home from the club he had been held up and stabbed after refusing to give his assailant money. He had been able to make his way to the hospital. The nature of his wounds were consistent with his account of what had happened. In my opinion his wounds were caused by a knife.

I understand that for some time following my seeing him Mr. O'Mara attended the hospital for routine dressings and treatment but did not meet him persoanlly. (Signed) DESMOND O'HANLON, L. R. C. P. & S. I.

24 NORTH FREDERICK STREET, Dublin, May 22, 1944.

REPORT FROM DR. M. S. WALSH

Mr. O'Mara who was under my care after being stabbed on January 27 last and was sufficiently recovered to resume his duties on February 25 last. There

H. Repts., 81-1, vol. 5- -9

was still some soreness and stiffness of the left arm at that time. The tenderness gradually disappeared leaving some stiffness which still impairs full and free movement.

He complains of disturbed sleep, with occasional insomnia. He has survived an extremely trying ordeal very well and I have no doubt but that he will eventually recover completely.

APRIL 28, 1944.

I was called to see Mr. John O'Mara of 31 Upper Dominick Street, on January 31, 1944. He was in bed and was obviously ill. He told me he had been the victim of an attack on the night of January 27 when a stranger to him demanded money from him. He refused to give money and was stabbed in the left arm twice. He received other minor cuts one on the right shoulder and one extending across the back towards the left shoulder and one on the left shoulder. I first examined the most serious of the wounds, those on the left arm. One was about an inch long and penetrated into the deltoid muscle and had already been sutured. The other extended obliquely across the biceps and was about 2 inches in length. It too had penetrated the muscle and had been sutured with five sutures. The wound on the right shoulder was superficial, one on the back was also superficial as was also one on the point of the left shoulder.

I examined the clothes which he was wearing at the time. The overcoat had five cuts extending at intervals from the right shoulder to the left arm. The coat was saturated with blood inside. The jacket had cuts, corresponding with those in the overcoat. The waistcoat was cut in front as if from below upwards. It was about 2 inches long and the shirt underneath had a cut corresponding with this cut. This cut fortunately did not penetrate to the skin. All the clothes were saturated with blood.

I dressed the wounds and as Mr. O'Mara was in a very nervous condition I ordered complete rest in bed. The wound on the left arm, the larger of the two, showed signs of extravasated blood on Thursday, February 3, and I removed two stitches to facilitate its getting out. A considerable quantity exuded and I applied a dressing. On Saturday, February 5, I removed all stitches and applied suitable dressings to protect the scars whilst knitting.

I attended Mr. O'Mara altogether for 4 weeks before I could safely allow him to resume his duties. He had gone through a nerve-wracking ordeal and had suffered considerable loss of blood. He suffered from shock and insomnia during the first couple of weeks, after which his convalescence was uneventful.

(Signed) M. S. WALSH.

IRISH LEGATION,

Washington 8, D. C., March 15, 1944.

ALLEGED STABBING OF MR. J. J. O'MARA, 31 UPPER DOMINICK STREET Submitted please, at 12 midnight, January 27, 1944, a phone message received at detective branch, Dublin Castle, from Corporal Murphy, military police, to say that there were two American soldiers in the Midland Hotel, Upper Dominick Street, armed with revolvers.

Gardai immediately went to the hotel, but the soldiers had left before their arrival. The Gardai contacted Corporal Murphy, and searched the area, and subsequently found one of the American soldiers, William Nolan, alias Dale J. Carr, 21 years, at St. Mary's Place. He was disarmed and taken into custody.

Corporal Murphy informed the Gardai that a man had been stabbed earlier in the night, and was then in Jervis Street Hospital. Further inquiries revealed that the man who had been stabbed was John J. O'Mara, 31 Upper Dominick Street, and when interviewed by the Gardai he stated that at about 12 midnight, January 27, 1944, when near his home, he was accosted by an unknown man who held him up with an open knife in his hand, and said "Hold, Have you any money?" The man, O'Mara stated, stabbed him several times in the left arm with the knife and he had to be surgically treated at Jervis Street Hospital.

Gardai also ascertained that another civilian had been held up by American soldiers in the vicinity the same night.

The full facts of the case were reported, and on instructions from the Department of Justice, Nolan, alias Carr, was deported to Northern Ireland on February 2, 1944. He was not charged with the offense mentioned above. The second American soldier was not arrested.

ALBERT E. DAWSON, S/Sgt. 11559.

MAURICE J. SYMMS

JULY 7, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. JENNINGS, from the Committee on the Judiciary, submitted the

following

REPORT.

[To accompany H. R. 1666]

The Committee on the Judiciary, to whom was referred the bill (H. R. 1666) for the relief of Maurice J. Symms, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass.

The purpose of the proposed legislation is to provide for the recognition of the services of Maurice J. Symms, New Orleans, La., as having been employed for 3 years by the Isthmian Canal Commission on the Isthmus of Panama during the construction period of the Panama Canal, from May 4, 1904, to March 31, 1914, inclusive. The said Maurice J. Symms was compelled to leave such employment after 2 years 11 months and 23 days because of illness.

STATEMENT OF FACTS

It appears that Mr. Symms served during the construction period for 2 years, 11 months, and 23 days, and does not now have annuity under act of May 29, 1944, which requires 3 years of such service. This bill would authorize the payment of annuity to Mr. Symms as an exception to the general provision of the act of May 29, 1944, by providing that in the administration of that act Mr. Symms shall be held and considered to have been employed for 3 years by the Isthmian Canal Commission on the Isthmus of Panama during the construction period of the Panama Canal, from May 4, 1904, to March 31, 1914, inclusive.

It would appear that in equity Mr. Symms would be entitled to the same consideration given Robert June whose construction service terminated after 2 years, 11 months, and 21 days on account of an injury sustained while in the performance of his duties, this bill being

H. R. 228 which became Private Law 880 of the Seventy-ninth Congress.

As the Committee on Claims stated in House Report No. 2187, accompanying the bill H. R. 228, in part:

Your committee does not believe that there are any other cases like this. If there are any such cases, they are very small in number and passage of this bill would in no way establish a precedent which would be the basis for other employees who served less than 3 years to come before Congress and ask to be included under the terms of Public Law 319 (act of May 29, 1944).

Your committee has the same feeling about this claim. Mr. Symms lacked only 7 days of coming within that law, and the committee is of the opinion that he should be permitted to come within the law and recommends favorable consideration to the bill.

Hon. EARL C. MICHENER,

Chairman, Committee on the Judiciary,

DEPARTMENT OF THE ARMY, Washington, D. C., June 30, 1948.

House of Representatives, Washington, D. C.

DEAR MR. MICHENER: Reference is made to your request for a report on H. R. 4669, a bill for the relief of Maurice J. Symms.

The following report has been received from the Acting Governor of the Panama Canal

"The act of May 29, 1944, chapter 214, 58 Stat. 257, entitled 'An act to provide for the recognition of the services of the civilian officials and employees, citizens of the United States, engaged in and about the construction of the Panama Canal,' grants annuities to United States citizens employed by the Isthmian Canal Commission or the Panama Railroɛd Company on the Isthmus of Panama for 3 or more years during the construction of the Panama Canal from May 4, 1904 to March 31, 1914.

"Maurice J. Symms served during the construction period for 2 years, 11 months and 23 days, and therefore does not qualify for an annuity under the act of May 29, 1944, which requires 3 years of such service. The bill H. R. 4669 would authorize the payment of an annuity to Mr. Symms as an exception to the general provision of the act of May 29, 1944, by providing that in the administration of that act Mr. Symms 'shall be held and considered to have been employed for 3 years by the Isthmian Canal Commission on the Isthmus of Panama during the construction period of the Panama Canal, from May 4, 1904 to March 31, 1914, inclusive.'

"The bill states that Mr. Symms 'was compelled to leave such employment after 2 years, 11 months and 23 days because of illness.' Mr. Symms' service with the Isthmian Canal Commission, the Panama Railroad Company and the Panama Canal on the Isthmus covered a period from October 24, 1910 to February 2, 1921, with three breaks in service. So far as concerns the construction period of May 4, 1904 to March 31, 1914, inclusive, pertinent to the act of May 29, 1944, the records show that Mr. Symms was employed October 24, 1910 and resigned January 17, 1911; was reemployed January 29, 1911 and resigned October 1, 1912; was reemployed March 5, 1913 and resigned May 5, 1914. Each resignation was voluntary. It is understood that Mr. Symms states that he was ill with malaria in 1912, and that his resignation and return to the United States during that year was pursuant to medical advice. Available personnel record's do not mention such illness and it is believed that the last sentence of H. R. 4669 is not a correct statement of fact. "Whether or not the requirement of the act of May 29, 1944 that 3 years of construction service shall have been rendered as a condition of eligibility for annuity under that act should be waived in the case of this claimant is, of course, a matter for the determination of Ccn ress. It is noted that Private Law 880, Seventy-ninth Congress, approved August 8, 1946 (H. R. 228), granted similar relief to Robert June whose construction service terminated after 2 years, 11 months and 21 days on account of an in y sustained while in the performance of his duty. House Report No. 2187, accompanying the bill H. R. 228, stated in part:

"Your committee does not believe that there are any other cases like this. If there are any such cases, they are very small in number and passage of this bill would in no way establish a precedent which would be the basis for other employees who served less than 3 years to come before Congress and ask to be included under the terms of Public Law 319 (act of May 29, 1944).'

"Inasmuch as the administration of the act of May 29, 1944 is committed to the Civil Service Commission, it is suggested that the Committee on the Judiciary may wish to obtain the views of the Commission concerning the bill H. R. 4669." I concur in the views of the Acting Governor of the Panama Canal.

I am advised by the Director of the Bureau of the Budget that there is no objection to the submission of this report.

Sincerely yours,

Hon. EARL C. MICHENER,

UNITED STATES CIVIL SERVICE COMMISSION,
Washington 25, D. C., February 17, 1948.

Chairman, Committee on the Judiciary,

House of Representatives.

DEAR MR. MICHENER: Further reference is made to your letter of January 5, 1948, addressed to the Federal Security Administrator, regarding H. R. 4669, a bill "For the relief of Maurice J. Symms."

The act of May 29, 1944 authorized the granting of annuity benefits to certain former employees of the Isthmian Canal Commission and the Panama Railroad Company who served on the Isthmus of Panama at least 3 years during the construction of the Panama Canal between May 4, 1904 and March 31, 1914. Mr. Symms filed claim for annuity under this act and the record submitted by the Panama Canal showed that he served on the Isthmus during the periods October 24, 1910 to January 17, 1911; January 29, 1911 to October 1, 1912; and March 5, 1913 to March 31, 1914. Since these periods totaled 7 days less than the 3 years required for title, the claim was necessarily rejected.

Mr. Symms claims that the breaks in service referred to above were occasioned by his physical condition and that if he had not been forced to resign on account of illness on January 17, 1911 and October 1, 1912, he would have rendered sufficient service for title to annuity benefits. However, the law makes no provision for allowing credit for any period when an individual was not carried on the rolls as an employee and the fact that a separation was occasioned by illness would not operate to accord additional credit. It has, therefore, been necessary to reject a number of cases in which the employees alleged that illness prevented their rendering the required 3 years of service.

The Commission does not believe that this annuity benefit, which is a pure gratuity, should be granted in any case where the employee has not served 3 years. Should illness be considered as a factor in this regard, claims could be presented in cases where the employees were forced to leave the Isthmus after only a few days' employment. The Commission has reported adversely on bills proposing for general application a reduction in this 3-year period, and it is recommended that adverse action be taken on H. R. 4669.

The Bureau of the Budget advises that there would be no objection to the submission of this report to your committee. By direction of the Commission:

Very sincerely yours,

Hon. T. HALE BOGGS,

NEW ORLEANS, LA., July 9, 1948.

House of Representatives, Washington, D. C.

DEAR CONGRESSMAN BOGGS: Answering the letter from Miss Dorothy Dameron dated July 6, attached.

Enclosed please find two letters, one from the Panama Canal office and the other from the Governor of the Panama Canal.

The

Referring to the enclosed letter to Congressman Earl C. Michener. resignation referred to in paragraph 3, line 14, was not voluntary, but automatic. After the completion of a construction job, you automatically resigned if you were unable to get another job within 5 or 10 days. Therefore, I maintain that I did not voluntarily resign.