the Minnehaha which took half a day. When I returned in the evening I noticed that the P.B. left to cross the bay for night anchor. I watched closely and noticed that the barge was crossing very slowly. When it was nearly across at about 5 p. m. I noticed that my boat parted from the barge. In half an hour my boat had drifted on the bars and was a total wreck. Next day when the PB returned I asked why my boat had been loosened from the barge. Capt. John Larsen, of the barge informed me that he had personally cut the towing line as he felt he couldn't make the bay with it behind.

My boat was 44 feet long and had cost me $4,000. In 1941 I had rebuilt her and installed a new 40-horsepower engine which (name Dora) all amounted to $2,700 making the total cost of the boat $6,700. This boat was my only source of income. I explained this all to Captain Meek, General Jones, commander of the United States Army, at the time, and Captain Sweyhuck, who was in charge of the United States Navy in Alaska at the time and they assured me that my loss would be recompensed, and that they would take immediate steps to notify the ATS office about it. Ever since I've made continual inquiries into the matter but have received nothing but promises. No visible action has been taken.

At present time the Cold Bay area is reduced greatly and the Army and Navy men who knew this matter have moved out and I have no one to appeal to. So I am making a personal, direct appeal to the USATTS head office to recompense my loss.

KING COVE, ALASKA.

June 4, 1944.

MIKE CLIPPER.

I undersign here that Mike Clipper is owner of this boat call Dora, which in this letter he is making claim for. Signed before me this date, June 4, 1944, at King Cove, Alaska.

[SEAL]

My commission expires May 15, 1948.

ROBERT GOULD, Notary Public for Alaska.

LEGAL GUARDIAN OF MOODY L. SMITHERMAN, JR., A MINOR, AND MOODY L. SMITHERMAN

JULY 21, 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. 10201

The Committee on the Judiciary, to whom was referred the bill (H. R. 1020) for the relief of the legal guardian of Moody L. Smitherman, Jr., a minor, and Moody L. Smitherman, 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 "$1,500", and insert "$750".

Page 1, line 9, strike out "settlemen", and insert "settlement". Page 1, line 11, after the word "April" strike out "1" and insert

"17".

Amend the title so as to read:

A bill for the relief of the legal guardian of Moody L. Smitherman, Junior, a minor, and Moody L. Smitherman.

The purpose of the proposed legislation is to pay the sum of $750 to the legal guardian of Moody L. Smitherman, Jr., a minor, and to pay the sum of $245 to Moody L. Smitherman, Sr., both of Birmingham, Ala. The payment of such sum to the legal guardian of said minor shall be in full settlement of all claims against the United States, arising out of personal injuries sustained by said minor on April 17, 1944, when he was struck by a United States mail truck at the intersection of Georgia Road and Forty-eighth Street in Birmingham, Ala. The payment of such sum to Moody L. Smitherman, Sr., the father of the said minor, shall be in full settlement of all claims of said individual against the United States arising out of medical expenses incurred by him on account of such personal injuries sustained by said minor.

STATEMENT OF FACTS

The injury to young Moody Smitherman, age 6%1⁄2 years, occurred on April 17, 1944, at Forty-eighth Street and Georgia Road, Birmingham, Ala., when a United States mail truck struck said child, which truck was operated by Mr. E. K. Gilmer, general mechanic, during a regular run from the post office at Birmingham. Mr. Gilmer was not a regular driver, but on this particular day there was no one else available, and through necessity, Mr. Gilmer was assigned to the run. Before taking up his duties as general mechanic, Mr. Gilmer was employed as a driver-mechanic for a period of 6 years. During the 6-year period, Mr. Gilmer was involved in four accidents, and in three of them, held not responsible.

The Postmaster General, in his report, states that:

The evidence disclosed in the investigation of this accident by a post-office inspector shows that the postal chauffeur was driving at a speed of 25 miles an hour in a school zone where the legal speed limit is 15 miles an hour, and that he was unable to avoid colliding with the 6-year-old child when that child ran out into the street from between parked cars. Negligence is not attributed to the child because of his tender years, but the postal chauffeur is chargeable with negligence for driving at an excessive rate of speed. I therefore recommend that the pending bill be favorably considered.

Since the investigation revealed no evidence of permanent injuries or permanent scars being suffered by the child, and since the actual expenses incident to the accident amounted to only $245.10, I am of the opinion that the amount of compensation sought in the bill, namely, $1,500, is excessive.

Therefore, your committee concurs in the recommendation of the Postmaster General and recommends the sum of $750 be appropriated for the relief of the minor child and $245 for the expenses incurred in connection with this accident, and recommends favorable consideration to the bill, as amended.

Hon. EARL C. MICHENER,

OFFICE OF THE POSTMASTER GENERAL,
Washington 25, D. C., April 13, 1948

Chairman, Committee on the Judiciary,

House of Representatives.

DEAR CONGRESSMAN MICHENER: In compliance with your request of March 12, I transmit for consideration with H. R. 5544 copies of all papers on file in this Department relating to the claim of Moody L. Smitherman, Jr., and Moody L. Smitherman, Sr., of Birmingham, Ala., arising out of an accident involving a United States mail truck which occurred on April 17, 1944

The evidence disclosed in the investigation of this accident by a post-office inspector shows that the postal chauffeur was driving at a speed of 25 miles an hour in a school zone where the legal speed limit is 15 miles an hour, and that he was unable to avoid colliding with the 6-year-old child when that child ran out into the street from between parked cars. Negligence is not attributed to the child because of his tender years, but the postal chauffeur is chargeable with negligence for driving at an excessive rate of speed. I therefore recommend that the pending bill be favorably considered.

Since the investigation revealed no evidence of permanent injuries or permanent scars being suffered by the child, and since the actual expenses incident to the accident amounted to only $245.10, I am of the opinion that the amount of compensation sought in the bill, namely, $1,500, is excessive.

This Department has been advised by the Bureau of the Budget that it would have no objection to the submission of this report to the committee

Sincerely yours,

J. M. DONALDSON,

Postmaster General.

POST OFFICE Department, Bureau of the CHIEF INSPECtor, Office of
INSPECTOR

BIRMINGHAM, ALA., October 17, 1944.

Inspectors T. C. Gibbs, H. L. Ragsdale. Case No. 2443-MV.
Birmingham, Ala.

Injury to a pedestrian, M. L. Smitherman, age 6%1⁄2, by Government-owned truck No. 18586, operated by E. K. Gilmer, general mechanic, on April 17, 1944.

1. This case was first given attention July 29, 1944, and subsequently, in connection with other work at Birmingham, Ala., and on September 14, 1944. at Bessemer, Ala.

2. Forms 27, 28, 4560, 4561, and 4563, covering this accident have been completed and are in the file.

3. This injury to M. L. Smitherman, age 61⁄2, 2411⁄2 Forty-seventh Place North, Birmingham, Ala., occurred on April 17, 1944, at Forty-eighth Street, and Fifth Avenue North, Birmingham, Ala. The United States mail truck which struck the Smitherman child was being operated by Mr. E. K. Gilmer, general mechanic, during a regular run from the post office at Birmingham to the municipal airport. Mr. Gilmer is not a regular driver, as will be noted by his title, but on this particular day, there was no one else available, and through necessity, Mr. R. T. Sloan, superintendent, motor vehicle service, Birmingham, Ala., assigned Mr. Gilmer to the run. Before taking up his duties as general mechanic, Mr. Gilmer was employed as a driver-mechanic for a period of 6 years. During the 6-year period, Mr. Gilmer was involved in four accidents, and in three of them, held not responsible.

4. There is with the file, a sketch showing the point where the accident occurred The mail truck was traveling east on Fifth Avenue North, and according to the accident report, Form 4560, herewith, was going at a rate of about 25 miles per hour. In an affidavit, herewith, Mr. Gilmer stated that, as soon as he saw the child in front of the truck, he applied the brakes to the very limit, and swerved to the left in order to miss him, if possible. When the truck stopped, the left front wheel was against the curb, and the child was lying on the right side of the truck close to the right front wheel. He was not run over by the wheel. The point where the accident occurred is within a 15-mile per hour school zone. We think it well to state at this time, that the general public hardly ever thinks of this place being a school zone. The school is situated some distance from this point and the city speed limit of 35 miles per hour is the speed usually observed by the public. City police were at the scene of the accident and no charge of speeding or reckless driving was placed against the driver of the mail truck.

5. By direction of the city police, an ambulance was called and the child was sent to the Hillman Hospital, Birmingham, Ala., where he received first-aid treatment, and removed to the Jefferson Hospital. These two hospitals are located side by side, and no charge was made for the child's removal. There is with the file, a copy of a bill from the Johns-Service Funeral Parlors, 1806 North Seventh Avenue, Birmingham, Ala., in the amount of $5, which is a charge for transporting the child from the scene of the accident to the Hillman Hospital. The child remained at the Jefferson Hospital from April 17, 1944, to April 20, 1944. The services given by the hospital are itemized on a receipted bill, herewith, and are in the amount of $45.10.

6. Paul W. Shannon, M. D., was in charge of the child from the date of his injuries until June 17, 1944, at which time recovery was complete. Dr. Shannon furnished us with a statement, which is with the file, certifying to the time the child was under his care, and gave the following as his diagnosis of the child's injuries:

Multiple contusions and abrasions of the body and extremities.
Severe contusion of the face and scalp.

Simple fracture of the left radius.

Simple fracture of the left tibia.

A copy of the bill for professional services rendered the child is submitted herewith, in the amount of $195. It might appear that the amount of $20, covering X-rays appearing in both the hospital and doctor bill is charged twice, but investigation showed that an additional X-ray was required after the child's dismissal from the hospital.