Department of Agriculture, the report from the University of Delaware agricultural experiment station, and various affidavits with respect to these claims. These documents need not, therefore, be reprinted here. There is attached to this report, and as a part hereof, the report from the Department of Justice to the Senate Committee. MAY 13, 1948. Hon. ALEXAnder Wiley, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. My Dear Senator: This is in response to your request for the views of this Department relative to the bill (H. R. 2684) for the relief of sundry fruit growers of the State of Delaware who sustained losses as the result of the fumigation of apples with methyl bromide in order to comply with the requirements of the United States Department of Agriculture relating to the Japanese beetle quarantine. The bill passed the House of Representatives on March 2, 1948. The bill would provide for payment of approximately $48,000 in varying amounts to 13 named fruit growers in the State of Delaware, in full satisfaction of their claims against the United States for losses sustained as the result of the fumigation of apples with methyl bromide in order to comply with the requirements of the United States Department of Agriculture. From the committee report concerning this legislation (H. Rept. No. 1394, 80th Cong., 2d sess.), it appears that in 1944 the State of Delaware was entirely within the Japanese beetle quarantine and the Department of Agriculture required that apples shipped from this State must be protected by one of three methods: Packed and shipped at night, packed and shipped from screened enclosures, and subjecting the fruits to a treatment with methyl bromide before shipping. The screening method had been used up until 1944 when, because of the difficulty in obtaining metal screening the Department of Agriculture recommended to the Delaware apple growers that methyl bromide fumigation be used instead of metal screening. This method was applied to a total of 36 carloads of Williams Early Red apples containing approximately 18,900 bushels which were sold on order for $69,049.40. Each of the 36 cars was rejected when received by the buyer and was sold for a salvage value. In a letter from the Department of Agriculture to the chairman of the Senate Committee on Claims, dated March 7, 1945, and which is contained in the committee report, it is stated that this method of fumigation was applied to growers of apples prior to 1944 with no report of injury. The reports of these fumigations did not specify the variety of apples but the Department of Agriculture's records show that in 1943 two carloads of Williams Early Red apples were fumigated without report of injury. The letter further states that because the experience of the Department did not afford complete information on the tolerance to fumigation of the various plants and plant products, it issued a warning which accompanied the administrative instructions. These instructions stated that all treatments must be made under the observation of a Department inspector, that injury may have occurred to some plant materials, and that the owner or shipper must assume all risk of injury to the equipment and responsibility for personal injuries to all individuals other than the Department employees. The instructions also directed that test treatments of small lots should be made in advance of applying treatment to large lots. The letter concludes with the statement that the Department believes that the fumigation was authorized in good faith, that the growers chose this method of treatment in good faith; and that the application was done conscientiously, but that no test treatments of the fruit were made as recommended by the Department. Acocrdingly, the Department states that while sympathetic with the position of the growers, it is of the opinion that responsibility for the loss does not rest upon the Government. Included in the committee report are statements from officials of the University of Delaware agricultural experiment station to the effect that no such instructions were received by the growers. Also included are affidavits by the 13 growers concerned setting out the losses sustained and stating that no such instructions were received by them. The available evidence as to whether the precautionary provisions of the Department of Agriculture's directive were brought to the attention of the fruit In growers is so conflicting that if the case were tried in a State court, the question of determining the factual issues would be a proper subject for the jury. instances of this kind where a private claim is involved the Congress exercises the prerogatives of such jury. Accordingly, the question of the enactment of this bill is one concerning which the Department desires to make no recommendation. JUNE 4 (legislative day, JUNE 1), 1948.-Ordered to be printed Mr. WILEY, from the Committee on the Judiciary, submitted the following REPORT To accompany S. 1715] The Committee on the Judiciary, to whom was referred the bill (S. 1715) for the relief of Archie Hamilton and Delbert Hamilton, having considered same, do now report the bill favorably to the Senate with amendments, and recommend that the bill, as amended, do pass. AMENDMENTS On page 1, line 5, strike out "$10,000" and insert in lieu thereof "$1,672" and on page 1, line 6, strike out "$10,000" and insert in lieu thereof "$1,696.35". PURPOSE OF THE BILL The purpose of the legislation is to provide for the payment of the sum of $1,672 to Archie Hamilton and $1,696.35 to Delbert Hamilton of Owensboro, Ky., in full satisfaction of their claims against the United States for personal injuries, hospital and medical expenses, and property damage sustained as the result of an accident involving a United States Army vehicle. STATEMENT The facts in this case are fully set forth in the attached letters received from the Department of Justice and the Department of the Army: Hon ALEXANDer Wiley, Chairman, Committee on the Judiciary, United States Senate, Washington, DC MAY 18, 1948. MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S 1715) for the relief of Archie Hamilton and Delbert Hamilton The bill would provide for payment of the sum of $10,000 to Archie Hamilton, and a like sum to Delbert Hamilton, of Owensboro, Ky., in full satisfaction of their claims against the United States for personal injuries, hospital and medical expenses, and property damage sustained as the result of an accident involving a United States Army vehicle. In compliance with your request, a report was obtained from the Department of the Army concerning this legislation. That report, which is enclosed, states that the accident occurred on November 8, 1944, on a bridge near Owensboro. The bridge was wide enough to permit two vehicles to pass but it became progressively narrower until at its center it had a width of only 10 feet, 6 inches. The civilian car, which was jointly owned by the Hamiltons and in which one was riding as a passenger with the other driving, entered upon the bridge first, the Army car approaching from the opposite direction. The Army driver, having previously noticed the civilian car, believed that the bridge was wide enough to permit the two cars to pass. When the civilian car had nearly crossed the bridge the two vehciles collided at a point where the bridge was 12 feet wide. Both claimants sustained injury as a result of the accident, but according to medical examinations given them, the results of which examinations are set out in the Department of the Army report, such injuries did not result in any permanent disability. Both claimants were engaged in a joint business under the name of Hamilton Bros., and state that they were earning approximately $125 a week at the time of the accident, and that as a result thereof their monthly earnings had been reduced to $150 a month. Each suffered a loss of $137.50 in the destruction of their automobile. The Department of the Army states that the evidence fairly establishes that the accident and resulting property damage and personal injuries sustained were caused solely by the negligence of the Army driver without any contributory fault or negligence on the part of claimants. Accordingly, that Department believes that claimants should be compensated in reasonable amounts for the personal injuries, property damage, and loss of earnings sustained by them and the medical and hospital expenses incurred. It considers, however, the proposed awards of $10,000 each to be excessive. It states it would have no objection to the enactment of the bill if it should be amended to provide for an award to Archie Hamilton in the amount of $1,672 ($34.50 for medical and hospital expenses actually incurred; $137.50 for property damage; and $1,500 for personal injuries and loss of earnings), and for an award to Delbert Hamilton in the amount of $1,696.35 ($58.85 for medical and hospital expenses actually incurred; $137.50 for property damage; and $1,500 for personal injuries and loss of earnings), which it believes would constitute a fair and reasonable settlement for all of the damages sustained by claimants as a result of the accident. The Department of Justice concurs in the recommendation of the Department of the Army. The Director of the Bureau of the Budget advises that there is no objection to the submission of the report. Yours sincerely, PEYTON FORD, FEBRUARY 18, 1948. DEAR MR. ATTORNEY GENERAL: Reference is made to your letter with which you enclosed a copy of S. 1715, Eightieth Congress, a bill for the relief of Archie Hamilton and Delbert Hamilton. You state that the Senate Committee on the Judiciary has requested the Department of Justice to submit a report on this bill and has advised that if reports are necessary from other sources they will be secured by your Department and submitted along with your report to the committee. You, therefore, request the comments of this Department on S. 1715. This bill provides as follows: "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 $10,000 to Archie Hamilton and the sum of $10,000 to Delbert Hamilton, of Owensboro, Ky., in full satisfaction of their claims against the United States for personal injuries, hospital and medical expenses, and property damage sustained as the result of an accident involving a United States Army vehicle near Owensboro, Ky., on November 8, 1944." On November 8, 1944, at about 3 p. m., an Army sedan assigned to an Army recruiting station at Owensboro, Ky., and operated by an enlisted man on official The business, was proceeding south on Kentucky Highway No. 71, approaching a bridge about a mile and a half east of Owensboro. A 1936 Ford sedan, owned by Archie Hamilton and Delbert Hamilton, which was then being operated by Archie Hamilton and in which Delbert Hamilton was riding as a passenger, was approaching the bridge from the opposite direction. At its entrances this bridge was wide enough to permit two vehicles to pass but it became progressively narrower until at its center it had a width of only 10 feet and 6 inches. civilian vehicle entered upon the bridge first. The Army driver observed the approach of the civilian vehicle, but believing that the bridge was wide enough to permit the two cars to pass, also entered upon the bridge. When the civilian vehicle had nearly crossed the bridge the two vehicles collided. At the point of impact the bridge was 12 feet wide. As a result of this accident Archie and Delbert Hamilton both sustained personal injuries and their automobile was damaged beyond economical repair. On November 5, 1947, Delbert Hamilton was examined by an Army medical officer and a report of such examination reads as follows: * * He [Delbert Hamilton] states that at that time [November 8, 1944] he received a severe laceration of chin and several lacerations of his face and was unconscious for about a day. Since then he has complained of being unable to raise his voice, inability to whistle, tenderness in the back of his head, and stiffness in the back of his knees. Ex "2. Physical examination with reference to his complaints as the only findings reveals a well-healed scar underneath his chin, small scars about his nose. amination of his mouth and pharynx and pertinent parts of his nervous system revealed no abnormalities. It is my opinion that this man is not suffering from any permanent disability as a result of his injuries." On November 5, 1947, Archie Hamilton also was examined by an Army medical officer, whose report reads as follows: "1. * * He [Archie Hamilton] states that at this time [November 8, 1944] he received a blow to the front of his chest, following which he expectorated blood for 3 weeks and ever since that time he has had intermittent pain over the precordium and has been told by several physicians that his heart was bad. Pain occurs spontaneously and without reference to exertion. He has been refused life insurance. "2. Physical examination with reference to his complaints reveals the following: Blood pressure, 120/80; heart rhythm is normal; heart sounds are of good quality; however, there is a rough high-pitched systolic murmur just to the left of lower end of the sternum; lungs are negative. A fluoroscopy which I did reveals heart is of normal size and has normal movement and the lungs are negative. It is my opinion that although this man seems to have well-compensated valvular heart disease, it is unrelated to his complaints and is probably unrelated to his injuries." At the time of the accident Delbert Hamilton was 27 years of age and had three dependents-his wife, Virginia Hamilton, 27 years of age, and two children, Delbert Hamilton, Jr., and Jenette Marie Hamilton, 8 and 6 years of age, respectively. He was a body and fender worker, doing business with his brother, Archie Hamilton, under the name of Hamilton Bros., and he states that he had an income of approximately $125 a week. He further states that since his injury in this accident he has been unable to earn more than $150 a month. Medical and hospital expenses were incurred by him on account of his injury in this accident in the aggregate amount of $58.85. The OPA ceiling price of the automobile owned by Delbert and Archie Hamilton was at the time of the accident $325 and after the accident the car was sold for $50, which resulted in a net loss of $275. Delbert Hamilton's share of this loss was $137.50. Archie Hamilton was 30 years of age at the time of this accident, and he had two dependents-his wife, Annabelle Hamilton, 30 years of age, and a son, Billy Hamilton, 12 years of age. He also was a body and fender worker, and states that before the accident he was earning approximately $125 a week and can now earn only $150 a month. He incurred medical and hospital expenses on account of his injury in this accident in the aggregate amount of $34.50, and, since he had a half interest in the automobile he sustained as a result of its destruction a loss in the amount of $137.50. The evidence in this case fairly establishes that this accident and the resulting property damage and personal injuries sustained by Archie Hamilton and Delbert Hamilton were not caused by any fault or negligence on their part but were caused solely by the negligence of the driver of the Army vehicle involved in said accident in that after observing the entrance of the civilian vehicle upon the bridge he |