The accident was investigated by a board of officers, which, in its report of such investigation, stated: * "There was considerable evidence to indicate that the Government vehicle was traveling at too great a speed approaching a road junction. * * That the driver of the Government vehicle failed to decrease speed sufficiently at the road junction before entering the Old Rockingham Road. That the driver of the Government vehicle did not take the necessary precautions to avoid the accident. That the claimant was traveling at a legal rate of speed on a through road. That the claimant took the necessary precautions to avoid the accident. It is noteworthy that in the evidence of Rev Leonard L. Boyd * * *, who visited the scene of the accident about one-half hour after it happened, that the deep marks in the road about 20 feet long would indicate an excessive speed at the road junction by the Government vehicle." On December 5, 1941, Dr. Michael T. Pishko, Moore County Hospital, submitted a report concerning the injuries sustained by Mrs. Price in this accident, which reads in pertinent part as follows: "Age, 29; sex, female; married; race, colored; occupation, school teacher. "Working diagnosis: Mild cerebral concussion; laceration of forehead and right leg; abrasion of the right arm; contusion of the left elbow. "Present illness: * * * Patient was unconscious for a little while but was conscious when she arrived at the hospital. She was brought to the hospital by her husband. "Examination: A colored female in no acute pain. Head: Two cuts, 2 inches and 1 inch in length on the right side of the forehead. The skin is bruised. No gross evidence of fracture. Pupils are equal. Nose septum is intact. Mouth: tonsils are negative; lungs resonant. Some tenderness about the sternum. Abdomen is negative; no masses or tenderness. * * * Contusion of the left elbow and laceration 2 inches in length below the right knee. "Treatment: Patient's wounds thoroughly cleansed; treated, sutured, dressed, and drained. Given 1,500 units of tetanus antitoxin. X-ray of skull is negative for fracture.' On November 16, 1945, Mrs. Price was examined by Dr. J. B. Wheless, of Louisburg, N. C., who made the following report of such examination: "This is to certify that I examined Vivian Price of Louisburg, N. C., today and find two linear scars parallel to each other; the lower scar being approximately 1 inch above the right eyelash and about 2 inches in length. The upper scar is approximately one-half inch above the parallel to the lower scar, and is about 1 inch in length. Both of these scars are soft and pliable and apparently healed by first intention. "There is an area of complete anesthesia approximately half of the size of the palmar surface of the hand and extending directly backward into the scalp region. "The person states that she acquired the above lacerations in an automobile accident in 1941. It is my professional opinion that she has had nerve injury to this region resulting in this specified area of anesthesia." On or about July 12, 1946, Mrs. Price was examined by Col. W. F. De Witt, Medical Corps, whose report of his examination reads as follows: "On right parietal region of forehead, 2 centimeters below hairline, is a linear scar 2 centimeters in length. One centimeter below this is another linear scar 3 centimeters in length. Both scars are parallel to the forehead and the lower scar is 2 centimeters above the right eyebrow. The scars are well healed and nonadherent to underlying tissue. "On dorsal surface of right forearm, 2 centimeters above wrist joint, there is a linear scar 3 centimeters in length. It is well healed and nonadherent. "Both shoulder joints, both elbow joints, both wrist joints show full range of motion, and patient states there is pain on hyperflexion of left elbow. "Two centimeters below right patella, there is a transverse linear scar 31⁄2 centimeters in length. It is well healed and nonadherent. Right knee joint has full range of motion. "X-rays of both elbows are negative for any pathology. "The claimant appears to be in excellent health. The scars on the forehead are barely visible on close examination and from a distance of 3 feet or more, they are not at all noticeable and cannot be considered disfiguring. The other scars mentioned are also very inconspicuous and hardly noticeable except upon examina tion. There is no apparent deformity of the left arm. Full range of motion is present and the grip of left hand almost equals grip of right hand. "My examination did not reveal any disability at this time and there is no noticeable disfigurement of the facial features of the patient." It appears that for the treatment of the injuries sustained in this accident Mrs. Price incurred the following medical and incidental expenses: Dr. C. R. Monroe, Pinehurst, N. C............. $25.00 Dr. William H. Ross, Southern Pines, N. C... 7.00 30.50 Dr. N. G. Nicholson, Rockingham, N. C., eyeglasses to replace those broken in the accident--- 20.00 Total. 82.50 Mrs. Price states that she incurred also as a result of the accident the following expenses and losses: Loss of salary $30.00 Damage to wearing apparel__ 50.00 Traveling expenses from home to school on week ends and cost of room while living away from home, both necessitated by the loss of use of her automobile... 115.50 Total..... 195.50 A claim was filed by Mrs. Price on December 6, 1941, in the amount of $11,944.80 ($11,277 for personal injury; and $667.80 for property damage). The claim was approved in the amount of $482 (actual loss resulting from damage to automobile) and was paid in said amount on February 4, 1942. That part of Mrs. Price's claim which covered personal injuries and expenses incident thereto was necessarily disapproved, since there was no statute or appropriation available to the War Department under which such items could be paid. Mrs. Price states that she was 33 years of age at the time of the accident; that she was a school teacher, earning approximately $132 a month; that her father and mother, ages 74 and 72 years, respectively, were wholly dependent upon her for their support; and that she received no insurance or workmen's compensation benefits as a result of her injury in the accident. At the time of the accident she was married to Hersey H. Price, director of vocational education at the Morrison Training School, Hoffman, N. . on the The evidence fairly establishes that this accident and the resulting personal injuries and property damage sustained by Mrs. Price were caused solely by the negligence of the driver of the Army vehicle involved in said accident, in that be proceeded into an intersection with a main thoroughfare at an excessive speed and without first ascertaining whether any other vehicles were so closely approaching the intersection as to constitute a hazard. There was no negligence part of Mrs. Price. The Department of the Army, therefore, believes that she should be compensated in a reasonable amount for the personal injuries sustained by her, the expenses and losses incurred, and those items of property damage for which she has not been paid. The proposed award of $11.277 is excessive, but the Department would have no objection to the enactment of the bill if it should be amended to provide for an award in an amount not exceeding $1.000, which, in view of the fact that Mrs. Price does not appear to have sustained any perma nent disability, would, it is believed, constitute a fair and reasonable settlement for all of the damages sustained by her as a result of this accident for which she has not already been compensated. Mrs. Price has no remedy under the Federal Tort Claims Act (60 Stat. 843: 28 U. S. C. 921), as revised and codified by the act of June 25, 1948 (62 Stat. 983 28 U. S. C. 2672), for the reason that the accident in which she was prior to January 1, 1945. injured occurred The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, Mrs. Vivian Newell Price, being first duly sworn, deposes and says that she is at the present time a resident of the county of Franklin, State of North Carolina; that on the 13th day of September 1941, she was operating her Chevrolet passenger automobile along the old Rockingham-Ellerbe road in Richmond County N. C., near the intersection of said highway with the road known as the Ellerbe Road; that this affiant was proceeding in the direction of Beaver Dam Church or a southwesterly direction; that this affiant was operating the said automobile in a slow. careful, lawful and prudent manner, with due circumspection and with full regard for the rights and safety of others using the said highway; that as she approached and entered the intersection referred to above. she observed an Army truck which was later identified as Government vehicle No. W-321728 approaching said intersection on her right-hand side, and traveling in a southeasterly direction: that under the laws of the State of North Carolina governing vehicular traffic upon the highways of said State, this affiant had the right-of-way over the Army truck approaching said intersection from her right-hand side; that although said Army truck was being operated at a speed of approximately 60 miles per hour, this affiant was under the impression that the said Army truck would come to a stop before entering the said highway on which this affiant was traveling and would turn either to the left or the right, the said intersection being what is known as a "blind" intersection, in which the Ellerbe Road, on which the Army truck was traveling enters the Old Rockingham Road but does not cross it; that instead of coming to a stop and observing traffic on the highway he was about to enter, the driver of the Army truck carelessly and heedlessly and in willful and wanton disregard of the rights of the affiant and any other persons who might be using said highway drove the said Army truck directly into and partially across the Old Rockingham Road, at right angles to the center iine thereof, and in continuation of his course down the center of the Ellerbe Road, and carelessly and negligently collided with the automobile being operated by this affiant, seriously injuring the affiant to the extent hereinafter set forth, and seriously damaging her said automobile; that the said driver of the Army truck, who as this affiant is informed and believes was a member of the Army of the United States in active service and authorized to operate the said Army truck at the time and place aforesaid, failed to keep a proper lookout and carelessly and negligently drove the said Army truck into, upon and against the automobile operated by this affiant, causing the injuries and damage herein set forth; that the collison occurred at or near the center of the intersection, this affiant having entered the intersection first; that the careless, negligent, and reckless manner in which the said Army truck was operated was the proximate cause of the injuries sustained by this affiant and the damages to her said automobile and other property; that the claim of this affiant against the United States for damages to her said automobile has been fully settled and satisfied and paid to this affiant by the United States; that the claim of this affiant against the United States for personal injuries and damage to wearing apparel and personal effects is more fully set forth in a paper-writing hereto attached and marked "Exhibit A" and by this reference incorporated herein; that the said claim shown in exhibit A has not been paid and is now still due and payable to the undersigned. That as a direct result of the carelessness, recklessness, and negligence of the said driver of the said Army truck, as aforesaid, this affiant suffered severe and painful personal injuries, including (1) a long cut on her forehead, in the right lobal area, which this affiant is informed and believes was sustained when she was thrown forward and to the right-hand side of her car, striking her forehead on the door of the glove compartment which flew open as a result of the collision, and as to which five stitches were required to close the said cut, which has permanently disfigured the affiant; (2) serious cuts and lacerations on the affiant's left arm, which was pushed through the windshield constructed of safety glass, the said left arm being still painful and weak even through more than 3 years have elapsed between the collision and the date of this affidavit; (3) cuts and bruises on the affiant's right arm, which is still weak and painful, and on account of the injuries to both her arms the affiant is unable to perform her duties as a housewife except at the cost of great pain and exertion; (4) a serious cut on the affiant's right leg, which required eight stitches to close, and as a result of which the affiant's right ankle is weak and painful even at this date, and is easily turned over when standing or walking, and from which she still suffers great pain from day to day, either in walking, standing, or sitting or lying down; and (5) painful recurrent daily headaches, resulting from the blow on her head described in (1). which cause this affiant great pain and suffering even now, and which materially impair her effi ciency as a schoolteacher, which vocation she was following at the time of the collision and which she is still endeavoring to follow at the present time. That in addition to the personal injuries set forth and referred to above, the affiant suffered damage to the following personal effects and wearing apparel: (1) a 17-jewel Bulova wrist watch, which was on the affiant's left arm when it was pushed through the windshield by the force of the collision, the face of the watch being mashed inward and the watch so seriously damaged that it could not be repaired; (2) all the clothes worn by the affiant at the time of the collision, which with the exception of her shoes were so covered with blood and torn that she was never able to wear any of said clothes after the collision; (3) a pair of eyeglasses worn by the affiant, which were broken in the collision. That the affiant's left arm is permanent deformed and damaged as a result of the collision, she not being able either to straighten it out normally or to flex it normally. That the affiant was confined in Moore County Hospital at Pinehurst, N. C., for 5 days immediately after the collision, and for treatment of her injuries sustained therein, and incurred the expenses therefor shown in exhibit A hereto attached; and after her discharge from the hospital was still under the care of a physician, Dr. W. H. Ross, and her expenses in that connection are shown in exhibit A. That while in the hospital and later in recovering sufficiently from her injuries to resume her duties as a teacher, the affiant incurred a loss of salary set forth in exhibit That while her automobile was being repaired as to the damage inflicted upon it by the collision, the affiant was deprived of the use thereof and was required to incur and pay the expenses of traveling and living away from her home which are set forth in exhibit A. 1 That this affiant is informed and believes and therefore says that she has been damaged by the negligence, carelessness, and recklessness of the driver of said Army truck, in the collision described above, in the sum of $11,277; that she has previously filed claim for that amount, but her claim has been rejected because of the absence of appropriations for the payment of damages for personal injuries. Wherefore this affiant prays that the Congress of the United States make an appropriation in the sum of $11,277 to be paid to the undersigned in compensation for her damages as herein set forth. NORTH CAROLINA, Franklin County: (Mrs.) VIVIAN NEWELL PRICE. Mrs. Vivian Newell Price, being first duly sworn, deposes and says that she has read and is familiar with the facts stated in the foregoing and attached affidavit and petition, and in the paper marked "Exhibit A❞ and attached thereto; that the same are true of her own knowledge, except as to those matters she verily believes it to be true. (Mrs.) VIVIAN NEWELL PRICE. E. W. MCGHEE, Notary Public. Sworn to and subscribed before me, this 13th day of January 1945. [SEAL] My commission expires January 21, 1945. To Whom It May Concern: LOUISBURG, N. C., November 16, 1945. This is to certify that I examined Vivian Price of Louisburg, N. C., today and find two linear scars parallel to each other; the lower scar being approximately 1 inch above the right eyelash and about 2 inches in length. The upper scar is approximately one-half inch above and parallel to the lower scar, and is about 1 inch in length. Both of these scars are soft and pliable and apparently healed by first intention. There is an area of complete anesthesia approximately half the size of the palmer surface of the hand extending directly backward into the scalp region. The person states that she acquired the above lacerations in an automobile accident in 1940. It is my professional opinion that she has had nerve injury to this region resulting in this specified area of anesthesia. J. B. WHELESS, M. D. FISHER BREWING CO. AUGUST 9, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. BYRNE of New York, from the Committee on the Judiciary, submitted the following REPORT (To accompany H. R. 2758) The Committee on the Judiciary, to whom was referred the bill (H. R. 2758) for the relief of Fisher Brewing Co., 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 Fisher Brewing Co., of Salt Lake City, Utah, the sum of $2,350 representing the amount paid for four of the 100-barrel denomination fermented malt liquor stamps, which were lost between the office of the Collector of Internal Revenue and the office of the Fisher Brewing Co. by the said company. STATEMENT OF FACTS It appears that on September 8, 1948, the Fisher Brewing Co., 160 South Tenth West Street, Salt Lake City, Utah, reported by letter to the district supervisor of the Alcohol Tax Unit, Denver, Colo., that on the afternoon of September 7, 1948, its cashier, Mr. L. H. Thorup, purchased from the Collector of Internal Revenue a number of fermented malt liquor stamps, including eight of the 100-barrel denomination, at the rate of $8 per barrel; that upon arrival at the company's office the cashier noted that he was short one sheet of four of the 100-barrel stamps; and that an immediate search was made for the missing stamps and an advertisement offering a reward for their return was placed in the local newspaper, but the stamps were not recovered. The purchase and the loss of the stamps were reported by the brewer in its stamp account on Form 103 filed with the district supervisor. The Secreatry of the Treasury in his report dated July 21, 1949, stated that there is seldom any satisfactory method of establishing whether a particular taxpayer is in rightful possession of any particular |