required to settle similar claims is ordinarily 3 to 4 months after the close of the quarter in which a postmaster is separated or until the results of the preliminary audit of his final accounts are available. During the process of adjudicating her claim the mentioned Office advised that on December 3, 1946, Mrs Johnson was requested to furnish letters testamentary which were received on January 29, 1947. It will be observed that nearly 5 months elapsed before she filed claim for the amounts due her late husband as a former postmaster In view of the functions of the Post Office Department and the General Accounting Office in the settlement of this claim, it is suggested that the committee may desire to obtain from such agencies more detailed information concerning such settlement. Although the widow's claim for death pension was denied for the years 1946 and 1947, Mrs. Johnson, as custodian of Robert Bruce Johnson, minor, received such benefits in the sum of $18 monthly from March 20, 1946, and $21.60 monthly from September 1, 1946, to April 30, 1948. Inasmuch as her income for 1948 was less than $2,500 she has been paid pension in her own right with an additional amount for the child. Since January 1, 1948, she has received death pension in the sum of $54 monthly, subject to the prior payments made in behalf of the minor child in her custody during the first 4 months of the year. In passing, it is noted that Mrs. Johnson has received from the Veterans' Administration the sum of $150 on the expense of burial, funeral, and transportation of the body of the deceased veteran. She also has received a lump-sum settlement of a $5,000 United States Government life insurance policy held by the veteran, which sum was not included in computing her annual income. If enacted, H. R. 3536 would authorize the payment of $504 to Mrs. Johnson which purports to represent the amount of compensation" which she would have received for the year 1947, if her annual income for that year did not exceed the statutory limitation. (Since the enactment of the act of July 9, 1946 (60 Stat. 524; 38 Ŭ. S. C. 700) non-service-connected death benefits are designated "pension" and not "compensation.") The fact is that had she been eligible for death pension in 1947, the additional amount which would be due her today for that year is $388.80. This figure is arrived at as follows: Had both Mrs. Johnson and her minor child been eligible for death pension in 1947 the sum of $648 would have been payable during that year. However, only the child was eligible during that year, and Mrs. Johnson was paid death pension on behalf of the child in the amount of $259.20. Thus, deducting the payments on behalf of the child, it appears that the amount of $388.80, rather than $504, is the proper amount in question. The bill appears to proceed on the premise that there was a delay by the Government in settling Mrs. Johnson's claim for amounts due her husband, and but for such alleged delay she would have received death "compensation" from the Veterans' Administration during the year 1947. As previously indicated, it appears that the Post Office Department and General Accounting Office are best able to inform the committee with respect to the question of any delay. It should be borne in mind that non-service-connected death pension is justified largely on the ground that the payments are actually needed for the current support of the recipient. The purpose of providing annual income limitations is to restrict payment to those who have such actual need. Regardless of the reason, the widow's income for the year 1947 exceeded $2,500. The laws and regulations provide for no exception to the rule that the date of actual receipt shall govern in determining whether the income limitation has been exceeded. The circumstances of this case have been carefully considered. No reason is apparent why it should be singled out for special legislative treatment, irrespective of whether there was or was not any undue delay by the Government in settling Mrs. Johnson's claim for accumulated annual leave. Bearing in mind the numerous other cases in which the date of actual receipt of income has been prejudicial to the entitlement of the veteran's dependents to pension benefits, it is to be emphasized that to single out this widow for payment would be discriminatory against others in the same or similar circumstances. The Veterans' Administration does not believe that private bills of this nature should receive favorable consideration. Advice has been received from the Bureau of the Budget that there would be no objection by that office to the presentation of this report to your committee. Sincerely yours, O. W. CLARK, (For Carl R. Gray, Jr., Administrator). MRS. NORA JOHNSON [PRIVATE LAW 386-80TH CONGRESS] H. R. 633] AN ACT For the relief of Mrs. Myrtle Hovde 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 is authorized Such sum is equal and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. Myrtle Hovde, Westby, Wisconsin, the sum of $420. to the compensation which the said Mrs. Myrtle Hovde would have received for the year 1945 pursuant to the Act entitled "An Act to compensate widows and children of persons who died while receiving monetary benefits for disabilities directly incurred in or aggravated by active military or naval service in the World War", approved June 28, 1934, as amended (U. S. C., 1940 edition, Supp. V, title 38, sec. 503, and the following), if her annual income for such year had not been in excess of $1,000. After the death on July 3, 1944, of her husband, Joseph B. Hovde, a World War I veteran and an employee of the Post Office Department, the said Mrs. Myrtle Hovde made immediate application to the United States Civil Service Commission for the amount of $1,993.30 standing to the credit of the said Joseph B. Hovde in the civil-service retirement and disability fund. Due to the delay of the Commission, the said Mrs. Myrtle Hovde did not receive such amount until January 15, 1945, and the Administrator of Veterans' Affairs denied payment of compensation to the said Mrs. Myrtle Hovde for the year 1945 on the ground that such amount constituted annual income for such year in excess of $1,000 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 attorney 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. Approved June 21, 1948. DORA M. BARTON JULY 21, 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. 4414) The Committee on the Judiciary, to whom was referred the bill (H. R. 4414) for the relief of Dora M. Barton, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: At the end of bill add : Provided, 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 attorney 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 The purpose of the proposed legislation is to pay the sum of $15,000 to Dora M. Barton in full settlement of all claims against the United States for damages sustained to her property as a result of an accident which occurred when her home was struck by a plane operating out of the United States naval air station, Quonset Point, R. I., on August 21, 1944. STATEMENT OF FACTS It appears that on August 21, 1944, United States Navy aircraft IBF-1, Bureau No. 23967, while on a duly authorized flight, after colliding with another naval aircraft TBF-1, went into a vertical dive and crashed on property owned by Mrs. Dora M. Barton, located at Rose Hill, Saunderstown, R. I. The aircraft exploded upon impact with the surface, burned and ignited Mrs. Barton's house, totally destroying the house and contents. There has been submitted to the committee an itemized list of the damages sustained and in this itemized list there is a sum for rental value for 60 months, which your committee is of the opinion should not be allowed. However, there is an item of $11,645, which was the actual value of the dwelling, shrubbery, electric service equipment and wells; and household goods and personal property were valued at $5,600, making a total of $22,837. However, Mrs. Barton carried insurance of $5,383.34, which she may collect when claim is filed with the insurance company. Therefore, your committee is of the opinion that the sum of $15,000 would be commensurate to the damages sustained, and recommends favorable consideration to the bill. Hon. EARL C. MICHENER, NAVY DEPARTMENT, OFFICE OF THE JUDGE ADVOCATE GENERAL, Chairman of the Committee on the Judiciary, House of Representatives. MY DEAR MR. CHAIRMAN: The bill, H. R. 1070, "For the relief of Dora M. Barton," was referred by your committee to the Navy Department with request for a report thereon. The purpose of the bill is to authorize and direct the Secretary of the Treasury to pay the sum of $15,000 to Dora M. Barton, of Saunderstown, in the town of North Kingstown, R. I., in full satisfaction for all claims against the United States for compensation for damages sustained as the result of an accident which occurred when her home was struck by a plane operating out of the United States naval air station, Quonset Point, R. I., on August 21, 1944. The investigative report on file in this office indicates that on August 21, 1944, United States Navy aircraft TBF-1, Bureau No. 23967, while on a duly authorized flight, after colliding with another naval aircraft TBF-1, went into a vertical dive and crashed on property owned by Mrs. Dora M. Barton, located at Rose Hill, Saunderstown, R. I. The aircraft exploded upon impact with the surface, burned and ignited Mrs. Barton's house, totally destroying the house and contents, and caused slight damage to garage. Claim was filed by Mrs. Barton in the total amount of $15,936.19. Of this sum, $8,500 represented damage to the house, $50 represented cost to repiar the garage, and $7,386.19 represented loss of furnishings and personal effects and damage to certain fixtures to the realty. Mrs. Barton stated that her property was insured in the amount of $4,550. The Navy acknowledged receipt of Mrs. Barton's claim on October 14, 1944, and advised her that the amount which she claimed as damages exceeded the statutory limitation under which the Secretary of the Navy was authorized to adjust such claims, therefore her only available means of securing relief would be through the introduction of a private relief bill in the Congress. The Navy Department records show that Mrs. Barton's house, for which she claims damage of $8,500, was approximately 34 years old at the time of its destruction, that she purchased it for the sum of $2,500 on or about April 24, 1937, and that she had made various alterations and improvements since the date of purchase. The house was a two-story frame structure, 30 feet by 28 feet, with 8 rooms, a bath, and a full cellar. The following estimates of the value of the house at the time of its destruction were secured by the investigating officer: Value based on $2,500 recorded tax assessment of house plus garagedwelling (about 60 percent of actual value).. Tax assessor's personal estimate of value of house alone......... Estimate of Public Works officer, United States naval air station, Quonset Point, R. I. (based on approximately 15,300 cubic feet at $0.25 per cubic foot)_ Insurance company estimate ($8,075 to replace, less 33% percent depreciation)_ $4, 167.00 3, 500.00 7, 000. 00 5, 460. 00 5, 383. 34 The investigating officer adopted the estimate of the insurance company. $5,383.34, as his appraisal of the damage sustained by Mrs. Barton through the destruction of her house. This figure appears to be a fair evaluation of this element of Mrs. Barton's damage, and is adopted as a component of the total reimbursement recommended below. |