younger girls, ages ranging from 5 to 9 years old. These small girls sometimes actually mangled clothes and did other jobs around the laundry. The machinery in this laundry had no safety devices whatsoever. It was not possible to watch, especially the younger girls (ages 6 to 10 years old) all the time, and because of the ever-present danger I was in constant fear. And further deponent saith not. MAE MARSHALL STEEN. Subscribed and sworn to before me this 2d day of September 1944. AFFIDAVIT OF ROSALIND RISLING MARSHALL STATE OF CALIFORNIA, County of Humboldt, ss: Rosalind Risling Marshall, being first duly sworn, deposes and says: I was enrolled in the Hoopa Indian School about February 1927 and attended school. I was 9 years old when I entered the school. I went to school one-half day and worked one-half day, as were the rules and regulations at that time. During this time we were assigned various work details, mainly the kitchen, laundry, sewing room, and the girls' dormitory. In March 1929 I was working in the laundry and somehow got my arm caught in the laundry mangle and burned it severely. They had difficulty in removing my arm because they could not release the rollers. I was sent to the Hoopa Hospital and my arm was treated by Dr. McKinley. And further deponent saith not. ROSALIND RISLING MARSHALL. Subscribed and sworn to before me this 2d day of September 1944. WHITE MOUNTAIN, ALASKA, To Whom It May Concern: This is to state that I, Charles A. Williams, was employed at the Hoopa Valley Boarding School as a general mechanic from June 1926 to August 1929 and do have a recollection of the time Ernest L. Godfrey was involved in an accident at a steam mangle (flat-work ironer), resulting in a permanent injury to his arm. The lack of adequate personnel and old obsolete equipment which was used for years was responsible for many such accidents. Small students were required to work around machinery which even if properly guarded created a hazard. Several major and many minor accidents happened around such equipment during my employment there. CHARLES A. WILLIAMS, Operating and Maintenance Engineer, Alaska Native Service, White Mountain, Alaska. My oldest daughter, Gertrude Nora Bois, was injured in the laundry mangle at the Hoopa Boarding School. She was about 8 or 9 years old at the time of the accident. Her hair entangled in the mangle and pulled her entire scalp off. She died as the result of the injury. Witnessed by: DAISY BROWN. Mrs. RUTH Marshall, О JUNE 8 (legislative day, JUNE 1), 1948.-Ordered to be printed Mr. WILEY, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 1222] The Committee on the Judiciary, to whom was referred the bill (H. R. 1222) for the relief of Mr. and Mrs. M. C. Lewis, having considered the same, do now report the bill to the Senate favorably, without amendment, and recommend that the bill do pass. The purpose of the proposed legislation is to pay the sum of $200 to Mr. and Mrs. M. C. Lewis, of Wildersville, Tenn., in full settlement of all claims against the United States for personal injuries sustained by them as a result of an accident involving a United States Army vehicle, near La Vergne, Tenn., on August 14, 1944. STATEMENT Attached hereto and made a part of this report are extracts from the House report which set forth in detail the facts in this case: On August 14, 1944, at about 2:30 p. m., an Army truck, operated by an enlisted man on official business, was proceeding north on United States Highway No. 70, about 1 mile north of La Vergne, Tenn., behind a Studebaker pick-up truck owned and operated by Mr. M. C. Lewis, in which Mrs. M. C. Lewis, his wife, was riding as a passenger. Upon approaching the intersection of Highway No. 70 with Route No. 7, Mr. Lewis slowed down in order to assure himself that he could cross the intersection in safety, and as he did so the Army truck ran into the rear end of his truck, pushing it onto the soft shoulder of the road, where it overturned. As a result of the accident Mr. and Mrs. Lewis sustained minor personal injuries and Mr. Lewis' truck was damaged. The Secretary of the Army states in his report dated August 11, 1947: "The evidence fairly establishes that this accident and the resulting damages sustained by the claimants were caused by the negligence of the driver of the Army vehicle involved in said accident in failing to maintain a proper lookout and in neglecting to keep his vehicle under proper control so as to be able to avoid striking the vehicle of Mr. Lewis. There was no negligence on the part of Mr. or Mrs. Lewis. The War Department, therefore, believes that the claimants should be compensated in a reasonable amount for the personal injuries sustained by them. The proposed award of $500 stated in H. R. 1222 appears to be somewhat excessive. The War Department would have no objection to the enact ment of this bill if it should be amended to provide for an award to Mr. and Mrs. Lewis in the sum of $200 (the amount claimed by them in their amended claim filed with the War Department for the personal injuries sustained by them), which, it is believed would constitute a fair and reasonable settlement of their claim.' Your committee concurs in the views of the Secretary of the Army and the bill is amended accordingly. Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, WAR DEPARTMENT, Washington, D. C., August 11, 1947. House of Representatives. DEAR MR. MICHENER: The War Department would have no objection to the enactment of H. R. 1222, Eightieth Congress, a bill for the relief of Mr. and Mrs. M. C. Lewis, 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, $500 to Mr. and Mrs. M. C. Lewis, of Wildersville, Tenn., in full settlement of all claims against the United States for personal injuries sustained by them as a result of a collision involving a United States Army truck on the highway just north of La Vergne, Tenn. on August 14, 1944." On August 14, 1944, at about 2:30 p. m., an Army truck, operated by an enlisted man on official business, was proceeding north on United States Highway No. 70, about 1 mile north of La Vergne, Tenn., behind a Studebaker pick-up truck owned and operated by Mr. M. C. Lewis, in which Mrs. M. C. Lewis, his wife, was riding as a passenger. Upon approaching the intersection of Highway No. 70 with Route 7, Mr. Lewis slowed down in order to assure himself that he could cross the intersection in safety, and as he did so the Army truck ran into the rear end of his truck, pushing it onto the soft shoulder of the road, where it overturned. As a result of the accident Mr. and Mrs. Lewis sustained minor personal injuries and Mr. Lewis' truck was damaged. Mr. and Mrs. Lewis were taken to the Smyrna Army Air Field Station Hospital for emergency treatment. The records of the hospital state: "Mrs. Lewis: Physical examination negative. X-ray of wrist showed no evidence of fracture. "Mr. Lewis: Physical examination shows infraorbital hematoma, left eye, and laceration, mild, left cheek. X-ray showed no evidence of orbital fracture.' Thereafter, the claimants were treated by Dr. R. B. Wilson, Clarksburg, Tenn., who made the following statement on December 13, 1944: "Mr. and Mrs. M. C. Lewis were treated in my office August 15, 1944, for injuries which could have been caused from an accident which occurred on the 14th day of August 1944. On examination of Mr. Lewis, laceration of the left side of the face just below the temple was noted and dressed. At this time he complained of numbness of the left side of face extending to the medium line just below the nose. The laceration healed promptly but the numbness persisted. On last examination, December 8, 1944, all numbness had disappeared except a small area of upper lip on the affected side. Mr. Lewis had apparently recovered except this small area of numbness, which, in all probability, will disappear in a few weeks. "Mrs. Lewis was also examined August 15, 1944, for injuries sustained in the same accident. She complained of pain in back, left hip, and leg. External evidence of injury was manifest by blue discoloration in the gluteal region on the left side. This had disappeared by last examination, December 8, but she still complains of pain in lumbar region. No external evidence of injury is now present. "My impression is that Mr. and Mrs. Lewis have recovered from these injuries." In a supplemental statement dated March 30, 1945, Dr. Wilson said: "I examined Mr. M. C. Lewis and his wife, Olevia Lewis and treated them for injuries which they claim arose out of an automobile accident. I have previously rendered a certificate in this matter. "In my opinion neither of the claimants sustained injury which can be classified as permanent. The injuries have not effected their ability to work." On May 29, 1946, Mr. and Mrs. Lewis were examined by an Army medical officer, who made the following report of his examinations: "On May 29, 1946, I, the undersigned medical officer, proceeded to Wildersville, Tenn., for the purpose of examining Mr. and Mrs. M. C. Lewis to determine the degree of permanent injuries suffered by them as a result of an automobile collision on August 21 14), 1944. "Complaints of Mr. M. C. Lewis: Numbness of left upper lip due to bruise inflicted by collision. Examination revealed normal sensory perception over upper lip. No scars nor disfigurement. Opinion: Mr. Lewis has fully recovered from any and all injuries he suffered as the result of the automobile collision on August 21 [14], 1944 and that said M. C. Lewis is not permanently injured in any way. "Complaints of Mrs. M. C. Lewis: Intermittent pains, poorly localized, in left lumbar region resulting from a bruise suffered in the collision. Examination: Mrs. Lewis complained of generalized tenderness over lower back, most marked at left posterior superior iliac spine. No muscle spasms. No weakness of legs or feet. Deep tendon reflexes, active and equal. No sensory changes in lower extremities. Opinion: That Mrs. M. C. Lewis is not permanently injured in any way. Mr. and Mrs. Lewis were 61 and 57 years of age, respectively, at the time of this accident. They were employed at the State Park, Pickett County, Tenn., from June 15, 1944, to September 15, 1944, as caretakers and helpers. For their services during such period Mr. Lewis earned $62 and Mrs. Lewis earned $49. Living quarters were furnished them in addition to their wages. Mr. and Mrs. Lewis began working again on March 1, 1945. On March 30, 1945, Mr. Z. B. Bird, supervisor of the Natchez Trace Park, submitted the following statement: "Mr. and Mrs. Lewis had finished their employment at Pickett State Park, Tenn., and were on their way to spend the winter at the time of the accident, August 14, 1944. There was no employment available at the Natchez Park during the winter. I told the Lewis' that they could have employment in the spring but that they could occupy one of the cabins rent free for their services of looking after cabins and grounds in the cabin area. Mr. Lewis stated then (about early December 1944) that he was not interested in working for the winter anyway as he was not feeling too well and would wait till spring. I can't state why he didn't want to work. Even if he wanted to work I couldn't have used him. "Mr. and Mrs. Lewis have started work as of the 1st of March 1945. Both are on a daily wage status. They receive about 30 or 40 cents per hour as they do light work. The work includes a place to live, water, lights, and fuel furnished. "They lost no time from employment as there was no work for them until March 1, 1945." On December 8, 1944, Mr. and Mrs. Lewis filed a claim with the War Department in the amount of $554.56 for personal injuries and property damages sustained in this accident. On March 30, 1945, they amended their claim by reducing the amount thereof to $254.56. On April 20, 1945, the claim was approved in the amount of $54.56 ($18 for medical expenses; $10 for damages to clothing; and $26.56 for damage to truck), which amount has been paid to the claimants. There is no statute available to the War Department under which the claimants may be paid administratively for the personal injuries sustained by them. The evidence fairly establishes that this accident and the resulting damages sustained by the claimants were caused by the negligence of the driver of the Army vehicle involved in said accident in failing to maintain a proper lookout and in neglecting to keep his vehicle under proper control so as to be able to avoid striking the vehicle of Mr. Lewis. There was no negligence on the part of Mr. or Mrs. Lewis. The War Department, therefore, believes that the claimants should be compensated in a reasonable amount for the personal injuries sustained by them. The proposed award of $500 stated in H. R. 1222 appears to be somewhat excessive. The War Department would have no objection to the enactment of this bill if it should be amended to provide for an award to Mr. and Mrs. Lewis in the sum of $200 (the amount claimed by them in their amended claim filed with the War Department for the personal injuries sustained by them), which, it is believed would constitute a fair and reasonable settlement of their claim. These claimants have no remedy under the Federal Tort Claims Act of August 2, 1946 (60 Stat. 842; 28 U. S. C. 921), since the accident out of which this claim arose occurred prior to January 1, 1945. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, KENNETH C. ROYALL, Secretary of War. 8. Repts., 80-2, vol. 4- -29 STATE OF TENNESSEE, Henderson County: Personally appeared before me, Dura Lewis, notary public in and for said county and State, the undersigned M. C. Lewis and wife, Olevia Lewis, who after being duly sworn made the following statement: That they are 63 and 58 years of age, respectively, and reside in Henderson County, Tenn. That on August 14, 1944, about 2:30 p. m., we were in a 1942 model Studebaker, one-half ton truck, Tennessee registration license No. 57-24, with Mr. Lewis driving on highway and Mrs. Lewis by his side, on their way from Jamestown, Tenn., to Nashville, Tenn. Just a short distance north of La Vergne, Tenn., our truck was struck by a Government vehicle from the Smyrna Army Air Field. We had just passed the railroad underpass at La Vergne and were proceeding at approximately 10 or 15 miles per hour around a curve in the road when the Government vehicle going at a fast rate of speed and in the same direction we were going, undertood to pass us, struck the left rear of our truck and caused us to land in a ditch where our truck overturned. The driver and occupants of the Government vehicle helped us from our overturned vehicle and called the military police from the Smyrna Army Air Field, and the hospital. When the military police arrived at the scene of the accident, they questioned the driver of the Government vehicle and ourselves, and caused pictures to be taken of the cars involved, the roadway, etc. An ambulance arrived shortly thereafter, and we were taken to the Smyrna Army Air Field Station where we received emergency treatment. X-rays were taken and we were told that they were all negative. Mr. Lewis was knocked unconscious, receiving injuries to his left eye and the left side of his face, which rendered numb and partially paralyzed his lip, the natural feeling of which has not been fully restored. Mrs. Lewis received injuries to her left leg and knee, her left arm and the lower left side of her back being badly wrenched and bruised and the back of her head injured by being forced through the rear glass in the truck, from which injuries both suffered great pain and anguish, and are still unable to perform their usual daily duties. Mrs. Lewis' dress and slip were torn beyond repair, which had cost her $10. She was wearing them both for the second time. We remained in the Army hospital the remainder of that day and until the next afternoon, when we were released and advised to visit our local physician as soon as we reached our home in Henderson County. Affiants state that they were wholly without fault in this wreck, and made that statement to the investigators. The Army never admitted or denied the fault in the wreck. They state that as soon as they reached their home they went to their family physician, Dr. R. B. Wilson, at Clarksburg, Tenn., who kept them under his treatment for several days. Both made a number of trips to his office before being released. Since their release Mrs. Lewis has had to go back for medicine on several different occasions. They state that they first filed their claim with the War Department for $500 to cover property damage and personal injuries. They state that after filing said claim, a representative of the War Department visited them at their residence, Wildersville, Tenn., and advised them that the War Department would settle the claim promptly for $254.56 if they would reduce their claim to that amount; that in view of this promise they accordingly reduced their claim to $254.56. They state that $54.56, the amount of the property damage and doctor's bills, was promptly paid, the particular items of which are as follows: Dr. R. B. Wilson, Clarksburg, Tenn., local physician, treating injuries $18; dress and slip, practically new, purchased August 5, 1944, destroyed $10; repairs to truck (Harris-Law, Jackson, Tenn.), $26.56; but no part of the balance of said claim has been paid. After the payment of the property damage and doctor's bill they were advised by the War Department representative that they would have to seek relief for their personal injuries through a special act of Congress. They state that they reduced their claim from $500 to $254.56 solely through the insistence of the representatives of the War Department and with the understanding that they would get a prompt and immediate full settlement. They thought in the beginning that the amount of their claim as originally filed was reasonable and are more thoroughly convinced now as to its justness since their injuries have been prolonged beyond expectation, when they still suffer from the ill effects. |