ciated with nausea; however, now she does not complain of this difficulty. There is no cough, asthma, or hay fever. She shows no signs of a true menopause. During all of her life she states she has suffered from generalized headaches occasionally associated with nausea and vomiting. These headaches were somewhat increased after her accident but now are diminished. Her blood pressure was high during the time she was said to have had an overactive thyroid, but was normal during her physical examination last summer, 1947. "POST EXAMINATION "The heart has a normal rate, rhythm, and size. There are no murmurs heart. Aortic second sound is less than the pulmonic second sound. Blood pressure 120/80. Pulse regular, firm, and full. Lungs clear to auscultation and percussion. There is no evidence of disease. She does show a one-plus pitting edema of the ankles. "Examination of the nose this date shows no external deformity. The bridge of the nose is straight and in proper alinement. Internal examination of nose shows a straight septum in midline without deviation or obstruction. There is no pathology of the nose at the present time attributable to the old injury. "Examination of the ears are normal except for a small scar on right drum just anterior to handle of malleus, the patient stating she had an ear infection in January of 1945 when she was hospitalized 1 week at St. Mary's Hospital, Manahttan, Kans." It appears that Miss Adams incurred medical expenses in the amount of $300 for the treatment of the injuries sustained by her in this accident, that she sustained a loss of earnings in the amount of $400, and that the clothing she was wearing at the time of the accident was ruined, causing a further loss to her in an unstated amount. Lucile L. Rice (now Mrs. Lucile Rice Talbot) was 21 years of age at the time of this accident, and was employed in the Fiscal Division, Fort Riley, Kans., as a clerk, at a salary of $1,620 per annum. At that time she had no dependents. After the accident she was taken to the station hospital, the Ground General School Center, Fort Riley, where she remained for 16 days. Her injuries were diagnosed as follows: "1. Wound, lacerated, multiple, severe, face and scalp. 2. Concussion, cerebral, moderate. 3. Shock, moderate." On November 6, 1947, Mrs. Talbot was examined by an Army medical officer at Fort Riley and a report of such examination reads in pertinent part as follows: "She [Mrs. Lucile Rice Talbot] was given plasma transfusion for shock and was kept a patient in this hospital for 16 days. She came back on several occasions to OPC for treatment and did not return to work until February 19, 1945. "SURGICAL EXAMINATION "Reveals normal range of motion of all joints of both upper and lower extremities. No evidence of any traumatic pathology. * * * The only evidence remaining at this time of injury sustained in above-mentioned accident is a scar, approximately four inches in length, on the left cheek extending laterally from the left angle of the mouth. "Neurological examination is normal. "This patient states that since this accident she has become very nervous and is more irritable than ever before, and is antagonized and aggravated more readily. However, she also states that this nervousness seems to be getting milder. "Physical examination reveals a heart of normal size. Rate and rhythm normal. No murmurs or irregularities. The lungs are clear to auscultation and percussion. No evidence of asthma. "Neurological examination negative. There are no signs of organic brain injury. ""Remainder of medical examination negative." Mrs. Talbot incurred no medical or hospital expenses for the treatment rendered to her at the station hospital, Fort Riley. It appears that as a result of the accident she sustained a loss of earnings in the amount of $525 and damage to her wearing apparel in the approximate amount of $45. Mrs. Gladys Webb was 39 years of age at the time of this accident and was employed as a dental hygienist at the Dental Clinic, Fort Riley, Kans., at a salary of $1,620 per annum. Mrs. Webb is married to John E. Webb (not James E. Webb as stated in H. R. 2916), a former captain in the Army of the United States, who, at the time of this accident, was on duty at Fort Riley. After the accident Mrs. Webb was taken to the station hospital, Fort Riley, where she remained for 15 days. Her injuries were diagnosed as follows: "1. Wound, lacerated, multiple, moderate, all surfaces of face and left side of scalp and left elbow. 2. Contusion, multiple, moderate, all surfaces of trunk, and upper and lower extremities, bilateral." Mrs. Webb was examined by an Army medical officer at Fort Riley on June 27, 1947, and a report of such examination reads as follows: "EXAMINATION AND HISTORY "Mrs. Webb stated that due to mental confusion following injuries received in accident, she is unable to remember the exact extent of her injuries received at that time. She said that these could probably be found on hospital records of station hospital, Fort Riley, Kans. She gave the following complaints that have been present since the accident: (1) Severe frontal and occipital headaches of a steady, dull, throbbing nature, lasting from 2 to 3 days, and relieved only partially by salicylates. These occur about once a week and incapacitate her to a moderate extent. (2) Blurring of vision which is getting worse. This occurs frequently and is described as a 'veil falling across my vision.' Has not been relieved by glasses. (3) Severe shooting pains that originate in right side of neck and radiate down into right arm, forearm and hand. These occur several times a day, are aggravated by use, for which she has found no positive relief. (4) Gradually increasing weakness in use of right upper extremity, more prominent in her right hand, especially in functions of grasping and gripping. (5) Occasional difficulty in walking which seems to her to be due to partial weakness in the right leg. (6) Severe 'dizzy' spells which for first 6 months following accident interfered greatly with her sense of balance, but now are mild in nature and occur only in the morning on arising. (7) Attacks of urinary frequency, which are accompanied by moderate lumbar pain. (8) Moderate anxiety concerning her condition, because of the fact she has been unable to resume her work as a dental hygienist, and because she believes her continuing disability may permanently incapacitate her and cause a state of invalidism. (9) Inability to stand extremes of climate, especially cold, as these seem to greatly aggravate her symptoms. This being the reason for her move to California. "PHYSICAL EXAMINATION "(Conducted with limited facilities that did not allow a complete neurological examination, nor any X-ray studies.) The findings pertinent to the woman's complaints are as follows: "Head and neck.-Scalp, 15-centimeter diagnoal scar running obliquely across scalp, extending below hairline across left frontal area to a point about 5 centimeters above left eye. Scar is tender to palpation along entire length. No gross skull abnormalities are noted. Eyes: Full range of motion. No constriction of visual fields. Eye grounds were not abnormal. Small 1-centimeter scar above right eye. Unable to make an accurate check of vision. Ears, nose, mouth, and throat: No abnormalities noted. Neck: Full range of motion. No abnormality noted in cervical spine. No muscle weakness or atrophies noted. "Upper extremities.-No muscle weakness, atrophies or other abnormalities noted in either extremity. Moderate tenderness on palpation of muscles of right shoulder girdle. Muscle power seemed to be equal in both arms. No nerve tenderness elicited on deep palpation. "Back. No kyposis, lordosis, or scoliosis noted. No muscle abnormalities noted. Moderate tenderness on percussion in both CVA regions. "Lower extremities.-No pertinent abnormalities noted. "Reflexes. All deep reflexes were within physiological limits and were equal bilaterally. No pathological reflexes elicited. "OPINION "It is my opinion that this woman is still moderately incapacitated at the present time as a result of her accident. I believe part of this incapacity results from her moderate anxiety state concerning her physical status, and this condition is related directly to her accident. Her original symptoms were probably due in a large part to a postconcussion synrome. At the present time she is still unable to resume her usual occupation." In an affidavit, dated July 16, 1947, John E. Webb stated that his 1941 Buick sedan which was damaged in this accident had at the time of the accident an OPA value of $1,491 and that after the accident it was sold for salvage for $325, as a result of which he sustained a net loss of $1,166. The records of the Department of the Army do not show that any claim was ever filed for damages arising out of this accident. The evidence clearly establishes that this accident and the resulting property damages, personal injuries, and death were not caused by any fault or negligence on the part of the driver of the Webb automobile or of the passengers riding therein but were caused by the negligence of responsible military personnel in failing to make certain that the tank was coupled to the Army tow truck in such a manner that it could not get partly detached and become a hazard to traffic on the highways. The Department of the Army, therefore, believes that these claimants should be compensated in reasonable amounts for the damages sustained by them as a result of this accident. All of the proposed awards stated in H. R. 2916 appear to be somewhat excessive except the one for Mrs. Gladys Webb, but the Department would have no objection to the enactment of the bill if it should be amended to provide for the awards hereinafter recommended, which, it is believed, would constitute fair and reasonable settlements of these claims. AWARDS RECOMMENDED To Walter Vandahl and Mrs. Esther S. Vandahl, for the death of their daughter, Delores Vandahl, and the expenses incurred in connection with her burial, $6,000. To Allabrada Adams, for property damage, personal injuries, medical and hospital expenses, and loss of earnings, $1,500. To Lucile Rice Talbot, for property damage, personal injuries, and loss of earnings, $3,000. To Mrs. Gladys Webb, for property damage, personal injuries, medical and hospital expenses, and loss of earnings, $5,000. To John E. Webb, for damage to his automobile, $1,166. It is therefore, recommended that the title and text of the bill be amended to read as follows: "A BILL For the relief of Walter Vandahl and Esther S. Vandahl, Allabrada Adams, Mrs. Lucile Rice Talbot Mrs. Gladys Webb, and John E. Webb "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 be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $6,000 to Walter Vandahl and Esther S. Vandahl, of Randolph, Kansas; to pay the sum of $1,500 to Allabrada Adams of Manhattan, Kansas; to pay the sum of $3,000 to Mrs. Lucile Rice Talbot, of Alma, Kansas; to pay the sum of $5,000 to Mrs. Gladys Webb, of La Mesa, California; and to pay the sum of $1,166 to John E. Webb, of San Diego, California, in full settlement of all claims against the United States for the death of the said Delores Vandahl and the expenses incurred in connection with her burial; for the personal injuries, property damage, and loss of earnings sustained and the medical and hospital expenses incurred by the said Allabrada Adams, Mrs. Lucile Rice Talbot, and Mrs. Gladys Webb; and for the damage to the automobile of the said John E. Webb, all as a result of an accident that occurred on November 30, 1944, at the east entrance of the Fort Riley Military Reservation, Fort Riley, Kansas, involving a United States Army vehicle: Provided, That no part of the amounts 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 these claims, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating any of 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." These claimants have no remedy under the provisions of the Federal Tort Claims Act of August 2, 1946 (60 Stat. 842; 28 Ù. S. C. 921), since the accident out of which their claims 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, 80TH CONGRESS 2d Session SENATE { REPORT No. 1556 ERNEST F. LUTZKEN 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. 3007] The Committee on the Judiciary, to whom was referred the bill (H. R. 3007) for the relief of Ernest F. Lutzken, 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 $3,238.96 to Ernest F. Lutzken, of Webster, N. Y., in full settlement of all claims against the United States for false detention by United States Navy authorities on board the hospital ship Rescue from December 7, 1945, to December 13, 1945, and at the Mare Island Hospital from December 13, 1945, to February 18, 1946, and loss of personal property, loss of earnings, and expenses incident thereto. 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. It appears that Mr. Lutzken was assigned to Pearl Harbor, T. H., and arrived there on June 9, 1945, as a civilian machinist at the Navy Yard, Pearl Harbor. His contract employment covered a tour of duty of 18 months. About 1 month after his arrival in Hawaii, he began to experience stomach trouble and to suffer from nervousness. On September 27, 1945, he requested in writing that the commandant of the Navy Yard, Pearl Harbor, release him from his contract for return to the mainland. This request was denied on October 5, 1945, because only 4 months of the 18-month contract period had been fulfilled. Mr. Lutzken's condition became more acute, and on November 21, 1945, he was examined by a civilian doctor, who recommended that he not be retained in Hawaii because he was suffering from a state of acute anxiety. The personnel relations officer at the navy yard thereupon requested that the claimant be given a medical examination by Navy doctors to determine his physical fitness for continuation in employment. Such an examination was given on November 23, 1945, and the medical report of that examination was: "Diagnosis: Reactive depression. Medical discharge. Retention is prejudicial. Return hospital class. No duty status while awaiting transportation. Advised to remain under care of area dispensary until transportation is available." On November 27, 1945, the commandant of the Pearl Harbor Navy Yard, ordered Mr. Lutzken to return to the mainland and authorized hospital-class transportation. He left Hawaii on December 7, 1945, aboard the U. S. S. Rescue, and arrived in San Francisco on December 13, 1945. As Mr. Lutzken's diagnosis was "reactive depression," he was classified a "1-B" patient aboard the ship, a mental patient to be kept in a closed ward for his own safety. Upon arrival in San Francisco, he was transferred to the Mare Island Hospital in the manner which his classification required. Mr. Lutzken's travel orders, which had been held by the personnel of the ship during the voyage are stated by a representative of the senior medical officer aboard the ship to have been handed to the driver of the ambulance which took Mr. Lutzken to the United States naval hospital, at Mare Island. These orders were not received by the hospital and the only identity for Mr. Lutzken was a patient's tag identifying him as a civilian from the Fourteenth Naval District bearing a "1-B" classification and diagnosed as a psychoneurotic case. Upon arrival at the hospital Mr. Lutzken was confined to a locked ward and kept there until February 1, 1946. The Navy states: "There appears to be a distinct possibility that the Navy was negligent in failing to inquire promptly into Mr. Lutzken's status. The records of the hospital and the correspondence which culminated in Mr. Lutzken's release tend to lend credence to the claimant's contention that his detention until February 18, 1946, was unwarranted." By reason of Mr. Lutzken's detention all of his tools and clothing were lost or stolen. He lists his tools as being worth $203.55; clothing, $228; transportation and meals from San Francisco to Rochester, N. Y., $171; expenses, and loss of earnings by his daughter, Ann Lutzken Noack, $549.96; and $2,000 for personal earnings lost due to the loss of irreplaceable tools required by him in his trade. Mr. Lutzken further lists an amount as compensation for mental suffering and humiliation. Your committee feels that Mr. Lutzken is justly entitled to reimbursement for loss of clothing, tools, transportation cost for himself and daughter, and for earnings lost due to the loss of irreplaceable tools required in his trade. It is evident that Mr. Lutzken was detained through error on the part of Navy officials and he should be reimbursed for such losses. The sum of $3,238.96 is recommended for his relief. 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. 3007) for the relief of Ernest F. Lutzken, 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 to Ernest F. Lutzken, the sum of $10,000, “in full settlement of all claims against the United States for false detention by United States Navy authorities on board the hospital ship U. S. S. Rescue from December 7, 1945, to December 13, 1945, and at the Mare Island Hospital from December 13, 1945, to February 18, 1946, and loss of personal property, loss of earnings, and expenses incident thereto.' Investigation into the circumstances surrounding the incidents upon which the subject legislation is based discloses that Ernest F. Lutzken, claimant herein, came to Pearl Harbor, T. H., on June 9, 1945, as a civilian machinist at the Navy Yard, Pearl Harbor. His rate of pay was $1.52 per hour, and his contract of employment covered a tour of duty of 18 months. About 1 month after his arrival in Hawaii, Mr. Lutzken began to experience stomach trouble and to suffer from nervousness. On September 27, 1945, he requested in writing that the Commandant of the Navy Yard, Pearl Harbor, release him from his contract for return to the mainland. This request was denied on October 5, 1945, because only 4 months of the 18-month contract period had been fulfilled. Mr. Lutzken's symptoms of disorder became more acute, and on November 21, 1945, he was examined by Dr. R. G. Benson, a civilian doctor, who recommended that he not be retained in Hawaii because he was suffering from a state of acute anxiety. The personnel relations officer at the navy yard thereupon requested that the claimant be given a medical examination by Navy doctors to |