AULDON ALBERT AIKEN JULY 7, 1949.-Committed to the Committee of the Whole House and ordered to be printed L Mr. DENTON, from the Committee on the Judiciary, submitted the following REPORT (To accompany H. R. 2628) The Committee on the Judiciary, to which was referred the bill (H. R. 2628) for the relief of Auldon Albert Aiken, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 6, strike out "$10,000" and insert "$5,000". The purpose of the proposed legislation is to pay the sum of $5,000 to Auldon Albert Aiken, of Hampton, Va. The payment of such sum shall be in full settlement of all claims of the said Auldon Albert Aiken against the United States on account of personal injuries (including medical and hospital expenses), property damage, and loss of earnings by him as a result of gunfire by an Army sentry on January 5, 1942, at the airport of the College of William and Mary, on the old Richmond Highway near Williamsburg. Va STATEMENT OF FACTS It appears that on January 4, 1942, Mr. Auldon Albert Aiken, accompanied by Mr. Thomas Renn Harris, set out from Hampton, Va., in Mr. Aiken's automobile on a hunting trip. At about 1:45 a. m., on January 5, 1942, while proceeding along United States Highway No. 60, Mr. Aiken and Mr. Harris and a Mr. Haley, who was riding in the car with them, observed a large fire on their left and turned off said highway onto the old Richmond Road to investigate the fire. As they approached the fire, they observed an Army airplane that had crashed and was being guarded by two soldiers. Upon observing that the plane was guarded by soldiers, Mr. Harris, who was driving the Aiken automobile, turned the car around in the road and started back toward United States Highway No. 60. It appears that as Mr. Aiken and his companions were leaving the scene one of the soldier guards, who was about 196 yards away, ordered the driver of the automobile to stop, but that the occupants of the car did not hear such order. When the car failed to stop, the soldier fired upon it. One of the bullets fired by the .45-caliber pistol of the guard struck Mr. Aiken in the back of his neck, passing therethrough, and then went through the glass window of the automobile. Mr. Aiken was taken from the scene of the incident to Dr. Bell's Hospital in Williamsburg, Va., where he received emergency treatment and then was carried to the Dixie Hospital at Hampton, Va., for hospitalization and treatment. Mr. Aiken asserts that from the time of his injury until the present time his weight has increased from 180 pounds to 345 pounds; that since his injury he has had a tendency to fall asleep; that he tires easily, and that he suffers from severe headaches. The Department of the Army in its report states that after a careful consideration of all of the evidence in this case the Department of the Army is of the opinion that the soldier who shot Mr. Aiken was not, under the circumstances then existing, justified in firing upon the Aiken automobile; that the occupants of the Aiken car did not hear the order of the soldier to halt, and that the wounds sustained by Mr. Aiken were not caused by any fault or negligence on his part. Under the circumstances it is believed that Mr. Aiken should be compensated in a reasonable amount for the damages sustained by him on account of this incident. The proposed award of $10,000 stated in the bill is excessive. The Department is of the view that an appropriation for the relief of the claimant in the sum of $1,500 ($21.44 for damage to automobile, and $1,478.56 for personal injuries, medical and hospital expenses, and loss of earnings) would constitute a fair and reasonable settlement for all of the damages sustained by Mr. Aiken as a result of this incident. The Department, accordingly, would have no objection to the enactment of this bill if it should be so amended as to provide for an award for the relief of the claimant in an amount not exceeding $1,500. Your committee disagree with the recommendation of the Secretary of the Army in that an award of $1,500 would be commensurate with Mr. Aiken's injuries. Mr. Aiken was a man 34 years old at the time he was wounded, weighing 180 pounds. After the accident he immediately began to put on weight; and, though he weighed only 180 pounds in 1942, the year of the accident, he now tips the scales at 345 pounds and is unable to do a full day's work, as he did before the accident, and it is the opinion of your committee that the sum of $5,000 would not be excessive, in view of his serious injuries, and recommend favorable consideration to the bill, as amended. DEPARTMENT OF THE ARMY, Hon. EMANUEL CELLER Chairman, Committee on the Judiciary, House of Representatives. DEAR MR. CELLER: The Department of the Army would have no objection to the enactment of H. R. 2628, Eighty-first Congress, a bill for the relief of Auldon Albert Aiken, if it should be amended as hereinafter recommended. This bill would authorize and direct the Secretary of the Treasury "to pay out of any money in the Treasury not otherwise appropriated, to Auldon Albert, Aiken, of Hampton, Virginia, the sum of $10,000 in full settlement of all claims of the said Auldon Albert Aiken against the United States on account of personal injuries (including medical and hospital expenses), property damage, and loss of earnings sustained by him as a result of gunfire by an Army sentry on January 5, 1942, at the airport of the College of William and Mary, on the old Richmond Highway near Williamsburg, Virginia." On January 4, 1942, Mr. Auldon Albert Aiken, accompanied by Mr. Thomas Renn Harris, set out from Hampton, Va., in Mr. Aiken's automobile on a hunting trip. At about 1:45 a. m., on January 5, 1942, while proceeding along United States Highway No. 60, Mr. Aiken and Mr. Harris and a Mr. Haley, who was riding in the car with them, observed a large fire on their left and turned off said highway onto the old Richmond Road to investigate the fire. As they approached the fire they observed an Army airplane that had crashed and was being guarded by two soldiers. Upon observing that the plane was guarded by soldiers, Mr. Harris, who was driving the Aiken automobile, turned the car around in the road and started back toward United States Highway No. 60. It appears that as Mr. Aiken and his companions were leaving the scene one of the soldier guards, who was about 196 yards away, ordered the driver of the automobile to stop, but that the occupants of the car did not hear such order. When the car failed to stop, the soldier fired upon it. One of the bullets fired by the .45-caliber pistol of the guard struck Mr. Aiken in the back of his neck, passing therethrough, and then went through the glass window of the automobile. Mr. Aiken was taken from the scene of the incident to Dr. Bell's Hospital in Williamsburg, Va., where he received emergency treatment and then was carried to the Dixie Hospital at Hampton, Va., for hospitalization and treatment. Mr. Aiken asserts that from the time of his injury until the present time his weight has increased from 180 pounds to 345 pounds; that since his injury he has had a tendency to fall asleep; that he tires easily, and that he suffers from severe headaches. On September 28, 1948, Auldon Albert Aiken made the following sworn statement: "On or about October 15, 1929, I moved to Hampton, Va., and went to work with the Newport News Shipyard & Dry Dock Co. At that time I weighed approximately 155 pounds and was about 6 feet 2 inches tall. I have always followed the trade as a mechanic. I was never bothered with any illness and did not have a family doctor. I always considered my health very good. I like the outdoor life and fished and hunted a great deal. "Sometime in June 1935, I went into the automobile-repair business for myself and was actively engaged in that business at the time I was wounded. In the first part of January 1942, my weight was approximately 180 pounds. I still was enjoying good health and had not, at this time, employed a doctor often enough to consider having a family doctor. On or about 12 noon, on January 4, 1942, a Mr. Thomas Renn Harris and I left Hampton to go to New Kent County turkey hunting. We had with us the necessary guns for this sport. We hunted up until it became dark in New Kent County, which is near Walker, Va. After sundown we went down to Penneman, Va., and bought some eggs from Mr. Haley. We took him and drove up to Williamsburg to eat. After we ate, we drove toward Richmond back to Walker on Route 60. Mr. Harris, Mr. Haley, and I were in the car. "Mr. Harris was driving the car. I was sitting on the right-hand side in the front seat. Mr. Haley was in the back seat. We were driving a 1940 Chevrolet two-door sedan. As we were driving along Route 60, on the left Mr. Harris saw a large fire and he pulled off of Route 60 onto the old Richmond Road. He told me that we should go over to the fire and put it out, as this was during the time we were at war and we thought that we were doing our duty to protect property. As we approached the fire, we saw an airplane and two soldiers standing guard. We backed our car up and drove down the old Richmond Highway. As we were leaving, one single shot was fired at our car. The shot struck the left rear quarter glass of my car, penetrated Mr. Haley's coat and struck me in the neck. The bullet passed through my neck and out of the car through the right door. The driver then immediately stopped the car. At the time the shot was fired the soldiers were 196 yards off as we stepped off the distance from our car to the plane. After it was discovered that I had been shot, Mr. Harris drove me to the Bell Hospital at Williamsburg, Va., where Dr. Bell examined me, and then I was placed in an ambulance and brought to the Dixie Hospital, at Hampton, Va., where I was treated by Dr. Howe and Dr. Jones of Hampton, Va. "I stayed at the Dixie Hospital for approximately 3 days and then I was removed to my home, where my wife took care of me. I was seen by the doctor every other day for approximately 3 weeks. I was operating a service station at that time started back toward United States Highway No. 60. It appears that as Mr. Aiken and his companions were leaving the scene one of the soldier guards, who was about 196 yards away, ordered the driver of the automobile to stop, but that the occupants of the car did not hear such order. When the car failed to stop, the soldier fired upon it. One of the bullets fired by the .45-caliber pistol of the guard struck Mr. Aiken in the back of his neck, passing therethrough, and then went through the glass window of the automobile. Mr. Aiken was taken from the scene of the incident to Dr. Bell's Hospital in Williamsburg, Va., where he received emergency treatment and then was carried to the Dixie Hospital at Hampton, Va., for hospitalization and treatment. Mr. Aiken asserts that from the time of his injury until the present time his weight has increased from 180 pounds to 345 pounds; that since his injury he has had a tendency to fall asleep; that he tires easily, and that he suffers from severe headaches. The Department of the Army in its report states that after a careful consideration of all of the evidence in this case the Department of the Army is of the opinion that the soldier who shot Mr. Aiken was not, under the circumstances then existing, justified in firing upon the Aiken automobile; that the occupants of the Aiken car did not hear the order of the soldier to halt, and that the wounds sustained by Mr. Aiken were not caused by any fault or negligence on his part. Under the circumstances it is believed that Mr. Aiken should be compensated in a reasonable amount for the damages sustained by him on account of this incident. The proposed award of $10,000 stated in the bill is excessive. The Department is of the view that an appropriation for the relief of the claimant in the sum of $1,500 ($21.44 for damage to automobile, and $1,478.56 for personal injuries, medical and hospital expenses, and loss of earnings) would constitute a fair and reasonable settlement for all of the damages sustained by Mr. Aiken as a result of this incident. The Department, accordingly, would have no objection to the enactment of this bill if it should be so amended as to provide for an award for the relief of the claimant in an amount not exceeding $1,500. Your committee disagree with the recommendation of the Secretary of the Army in that an award of $1,500 would be commensurate with Mr. Aiken's injuries. Mr. Aiken was a man 34 years old at the time he was wounded, weighing 180 pounds. After the accident he immediately began to put on weight; and, though he weighed only 180 pounds in 1942, the year of the accident, he now tips the scales at 345 pounds and is unable to do a full day's work, as he did before the accident, and it is the opinion of your committee that the sum of $5,000 would not be excessive, in view of his serious injuries, and recommend favorable consideration to the bill, as amended. Hon. EMANUEL CELLER Chairman, Committee on the Judiciary, House of Representatives. DEPARTMENT OF THE ARMY, DEAR MR. CELLER: The Department of the Army would have no objection to the enactment of H. R. 2628, Eighty-first Congress, a bill for the relief of Auldon Albert Aiken, if it should be amended as hereinafter recommended. This bill would authorize and direct the Secretary of the Treasury "to pay out of any money in the Treasury not otherwise appropriated, to Auldon Albert, Aiken, of Hampton, Virginia, the sum of $10,000 in full settlement of * all claims of the said Auldon Albert Aiken against the United States on account of personal injuries (including medical and hospital expenses), property damage, and loss of earnings sustained by him as a result of gunfire by an Army sentry on January 5, 1942, at the airport of the College of William and Mary, on the old Richmond Highway near Williamsburg, Virginia." On January 4, 1942, Mr. Auldon Albert Aiken, accompanied by Mr. Thomas Renn Harris, set out from Hampton, Va., in Mr. Aiken's automobile on a hunting trip. At about 1:45 a. m., on January 5, 1942, while proceeding along United States Highway No. 60, Mr. Aiken and Mr. Harris and a Mr. Haley, who was riding in the car with them, observed a large fire on their left and turned off said highway onto the old Richmond Road to investigate the fire. As they approached the fire they observed an Army airplane that had crashed and was being guarded by two soldiers. Upon observing that the plane was guarded by soldiers, Mr. Harris, who was driving the Aiken automobile, turned the car around in the road and started back toward United States Highway No. 60. It appears that as Mr. Aiken and his companions were leaving the scene one of the soldier guards, who was about 196 yards away, ordered the driver of the automobile to stop, but that the occupants of the car did not hear such order. When the car failed to stop, the soldier fired upon it. One of the bullets fired by the .45-caliber pistol of the guard struck Mr. Aiken in the back of his neck, passing therethrough, and then went through the glass window of the automobile. Mr. Aiken was taken from the scene of the incident to Dr. Bell's Hospital in Williamsburg, Va., where he received emergency treatment and then was carried to the Dixie Hospital at Hampton, Va., for hospitalization and treatment. Mr. Aiken asserts that from the time of his injury until the present time his weight has increased from 180 pounds to 345 pounds; that since his injury he has had a tendency to fall asleep; that he tires easily, and that he suffers from severe headaches. On September 28, 1948, Auldon Albert Aiken made the following sworn state ment: "On or about October 15, 1929, I moved to Hampton, Va., and went to work with the Newport News Shipyard & Dry Dock Co. At that time I weighed approximately 155 pounds and was about 6 feet 2 inches tall. I have always followed the trade as a mechanic. I was never bothered with any illness and did not have a family doctor. I always considered my health very good. I like the outdoor life and fished and hunted a great deal. "Sometime in June 1935, I went into the automobile-repair business for myself and was actively engaged in that business at the time I was wounded. In the first part of January 1942, my weight was approximately 180 pounds. I still was enjoying good health and had not, at this time, employed a doctor often enough to consider having a family doctor. On or about 12 noon, on January 4, 1942, a Mr. Thomas Renn Harris and I left Hampton to go to New Kent County turkey hunting. We had with us the necessary guns for this sport. We hunted up until it became dark in New Kent County, which is near Walker, Va. After sundown we went down to Penneman, Va., and bought some eggs from Mr. Haley. We took him and drove up to Williamsburg to eat. After we ate, we drove toward Richmond back to Walker on Route 60. Mr. Harris, Mr. Haley, and I were in the car. "Mr. Harris was driving the car. I was sitting on the right-hand side in the front seat. Mr. Haley was in the back seat. We were driving a 1940 Chevrolet two-door sedan. As we were driving along Route 60, on the left Mr. Harris saw a large fire and he pulled off of Route 60 onto the old Richmond Road. He told me that we should go over to the fire and put it out, as this was during the time we were at war and we thought that we were doing our duty to protect property. As we approached the fire, we saw an airplane and two soldiers standing guard. We backed our car up and drove down the old Richmond Highway. As we were leaving, one single shot was fired at our car. The shot struck the left rear quarter glass of my car, penetrated Mr. Haley's coat and struck me in the neck. bullet passed through my neck and out of the car through the right door. driver then immediately stopped the car. At the time the shot was fired the soldiers were 196 yards off as we stepped off the distance from our car to the plane. After it was discovered that I had been shot, Mr. Harris drove me to the Bell Hospital at Williamsburg, Va., where Dr. Bell examined me, and then I was placed in an ambulance and brought to the Dixie Hospital, at Hampton, Va., where I was treated by Dr. Howe and Dr. Jones of Hampton, Va. The The "I stayed at the Dixie Hospital for approximately 3 days and then I was removed to my home, where my wife took care of me. I was seen by the doctor every other day for approximately 3 weeks. I was operating a service station at that time |