The extreme necessity for control of the fire as soon as possible with the view of reducing the destruction of timber on this important watershed necessitated emergency measures in fire suppression, including plane service of a type known by the Forest Service and pilots operating in the vicinity to be extremely hazardous. Services involving a comparable degree of risk are not required under normal fire-fighting conditions.

The plane service was rendered under contract (No. Als-19067), pursuant to the provisions of section 3709 of the Revised Statutes, on file in the General Accounting Office. The contract covers all phases of the work required and the conditions under which service would be needed, the equipment necessary, and, in fact, all predictable contingencies.

Clause No. 11, "General information," contains the following provisions: "(a) Neither the regional forester nor the United States of America shall be held liable for any personal injury sustained by the personnel furnished by the contractor or other parties in connection with the work performed under these specifications and conditions or for any injury sustained by any person other than Forest Service employees which results from the operation of the airplanes or their equipment, or for any damage to real or personal property which results from the operation of, or accident to, the airplanes or their equipment.

"(c) The contractor shall assume all liability for any damage to persons, other than employees of the Forest Service on official duty, or to real or personal property which results from the operation of, or accident to, the airplanes or their equipment."

The Johnson brothers, of the Johnson Flying Service, Inc., not only rendered the full service required under the terms of the contract, but unquestionably exceeded the contractual requirements. They responded without protest to the request of the Forest Service that necessary provisions and supplies be dropped to fire fighters, regardless of the extreme hazards they well knew were entailed. These brothers have long been residents of the territory involved and have a vital interest in the country and a knowledge of watershed and other values. They have worked for the Forest Service and with the Service in past years, and it has been found invariably the case that the set terms of formal contracts have little meaning to them when fire emergencies require extraordinary duty.

By reason of the unfailing loyalty of the Johnson brothers, the marked value of their services, and the great personal risk assumed, the Forest Service would not hesitate to recommend to the Secretary of Agriculture approval of a special relief bill in favor of the Johnson Flying Service, Inc., in an amount representing the fair value of its plane at the time of destruction. It is to be regretted that under the terms of the contract, whereby the contractor assumed all liability for property damages, claim for reimbursement for such damage cannot be favorably considered by the Department under existing legislation.

Very sincerely yours,

о

F. A. SILCOX, Chief, Forest Service.

HILDA C. ALLSTROM

MARCH 24, 1941.-Committed to the Committee of the Whole House and ordered to be printed

Mr. MEYER of Maryland, from the Committee on Claims submitted the following

REPORT

[To accompany S. 247]

The Committee on Claims, to whom was referred the bill (S. 247) for the relief of Hilda C. Allstrom, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to pay the sum of $200, to Hilda C. Allstrom, in full settlement of her late husband's claim for damages to his automobile between January 2 and January 16, 1937, while such automobile was being used for the benefit of the Navajo Indians.

The facts are fully set forth in Senate Report No. 33, Seventyseventh Congress, first session, which is appended hereto and made a part of this report.

Your committee concur in the recommendation of the Senate

IS. Rept. No. 33, 77th Cong., 1st sess.]

The Committee on Claims, to whom was referred the bill (S. 247) for the relief of Hilda C. Allstrom, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendments:

In line 6, strike out the figures "$367.15" and insert in lieu thereof "$500". At the end of the bill add the following: ": 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."

This bill, as amended, which has the approval of the Acting Secretary of the Interior, provides for the payment of $200 to Hilda C. Allstrom, in full settlement of the claim of her late husband, Erick W. Allstrom, against the United States growing out of damage to his automobile between January 2 and January 16, 1937, while such automobile was being used for the benefit of the Navajo Indians.

Erik W. Allstrom was employed as assistant camp supervisor in the CCC-ID Division of the Indian Office and attached to district headquarters office at Phoenix, Ariz. The automobile in question was a De Soto sedan. The automobile was damaged between January 2 and January 16, 1937, while he was using it in an emergency search for and rescue of snow-bound Navajo Indian piñon pickers in the vicinity of Pie Town, N. Mex. An emergency involving possible death by freezing of scores of Indians had developed as a result of a severe blizzard. A request for emergency rescue aid was received at the Phoenix district office. At the time this request came in, Allstrom was in the office. He had been using his personal automobile on a mileage basis, not having received a Government car for official use. Because of the urgency of the occasion and the fact that no Government automobile was available he consented to the use of his personal automobile while engaged in rescue work.

At approximately 12 o'clock midnight on January 7, at a point about 5 miles west of Datil, N. Mex., while he was engaged in this special service, his car skidded on glare ice while being driven at a speed of about 20 miles an hour, and in order to prevent it from going over the outside bank at the foot of a hill on a very steep curve Mr. Allstrom ran the car into the upper bank about 75 feet from the end of the curve, causing damage to the forward end of the machine.

A little later a Soil Conservation truck approached the curve from the opposite direction and the driver being unable to distinguish Allstrom's car until within a distance of approximately 50 feet, and being unable to stop because of the icy condition of the road, slid into the rear end of Mr. Allstrom's automobile, twisting its rear bumper and damaging the trunk and fender.

In reporting on the bill the Acting Secretary of the Interior states that 41* * * Mr. Allstrom performed services far outside and beyond the regular duties required of him in his position as assistant camp supervisor. The trip was made at the urgent solicitation of the superintendent of the Navajo Indian Agency and there was no Government automobile available which could have been used by Mr. Allstrom in his humanitarian efforts to relieve distress among the Indians. It is felt that the unusual circumstances of a raging blizzard, which made travel hazardous, should relieve Mr. Allstrom from the usual responsibility for damage to his automobile, and he should not be penalized by having to pay for expenses incurred by him in his efforts to save human life among the Indians of the jurisdiction where he was employed."

The Department feels, however, that the original amount includes a number of expense items which are too remotely connected with the accident to warrant reimbursement by the United States, and it has accordingly recommended that the amount be reduced to $200.

The facts are fully set forth in the following correspondence, which is appended hereto and made a part of this report.

Hon. EDWARD R. BURKE,

THE DEPARTMENT OF THE INTERIOR,
Washington, September 11, 1940.

Chairman, Committee on Claims, United States Senate.

MY DEAR SENATOR BURKE: Further reference is made to your request for a report on S. 3989, a bill for the relief of Erik W. Allstrom.

For the reasons hereinafter set forth, it is suggested that S. 3989 be amended by striking out the symbol and figures "$367.15" in line 6 and inserting the symbol and figures "$200.00" in lieu thereof. If S. 3989 is so amended, I recommend that it be enacted.

The bill authorizes and directs the Secretary of the Treasury to pay Mr. Allstrom the amount stated therein, in full settlement of his claim against the United States growing out of damage to his automobile while it was being used for the benefit of the Navajo Indians. Its purpose is to reimburse him for expenses incurred as the direct result of the accident over and above the cost of immediate repairs which (with the exception of $50 deducted) was met by his insurance company.

Particulars relative to Mr. Allstrom's claim are set forth in the attached memorandum of information. This memorandum shows that Mr. Allstrom performed services far outside and beyond the regular duties required of him in his position as assistant camp supervisor. The trip was made at the urgent solicitation of the Superintendent of the Navajo Indian Agency and there was no Government automobile available which could have been used by Mr. Allstrom in his humanitarian efforts to relieve distress among the Indians.

It is felt that the unusual circumstance of a raging blizzard, which made travel hazardous, should relieve Mr. Allstrom from the usual responsibility for damage to his automobile, and he should not be penalized by having to pay for expenses incurred by him in his efforts to save human life among the Indians of the jurisdiction where he was employed.

This

The amount stated in the bill as introduced in the Senate is $367.15. amount includes a number of expense items which are too remotely connected with the accident to warrant reimbursement by the United States. For example, it includes tires which were purchased several months after the accident occurred. The necessity for replacing these tires appears to have been due not so much to the accident itself as to the failure of the garage which repaired Mr. Allstrom's automobile to do a thorough job.

It appears that the only additional expenses claimed by Mr. Allstrom which can be attributed directly to the accident, and for which he was not reimbursed by the insurance company, are the reduction in the trade-in value of his car amounting to $150, and the amount of $50 which was deducted by the insurance company in settling his claim for repairs. This latter amount was not paid by the insurance company because of the nature of Mr. Allstrom's insurance policy. It did not represent any reduction in the cost of the repairs.

Sincerely yours,

A. J. WIRTZ, Acting Secretary of the Interior.

MEMORANDUM OF INFORMATION RELATING TO A BILL AUTHORIZING AV APPROPRIATION FOR THE RELIEF OF ERIK W. ALLSTROM, OF PHOENIX, ARIZ., IN THE SUM OF $367.15 IN FULL SETTLEMENT OF HIS CLAIM AGAINST THE UNITED STATES GROWING OUT OF DAMAGE TO HIS AUTOMOBILE BETWEEN JANUARY 2 AND JANUARY 16, 1937, WHILE SUCH WAS BEING USED FOR THE BENEFIT OF THE NAVAJO INDIANS

During the period in question Mr. Erik W. Allstrom was employed as assistant camp supervisor in the CCC-ID Division of the Indian Office and attached to district headquarters office at Phoenix, Ariz. The automobile in question was a De Soto sedan bearing a 1937 New Mexico license, tag No. 80-274, which he alleges was damaged between January 2 and January 16, 1937, while he was using it in an emergency search for and rescue of snow-bound Navajo Indian piñon pickers in the vicinity of Pie Town, N. Mex. Reports indicate that an emergency involving possible death by freezing of scores of Indians had developed as a result of a severe blizzard. A request for emergency rescue aid was received at the Phoenix district office from Superintendent Fryer, of the Navajo Agency. At the time this request came in, Assistant Camp Supervisor Allstrom was in the office. He had been using his personal automobile on a mileage basis, not having received a Government car for official use. Because of the urgency of the occasion and the fact that no Government automobile was available he consented to the use of his personal automobile while engaged in rescue work.

At approximately 12 o'clock midnight on January 7, at a point about 5 miles west of Datil, N. Mex., while he was engaged in this special service, his car skidded on glare ice while being driven at a speed of about 20 miles an hour, and in order to prevent it from going over the outside bank at the foot of a hill on a very steep curve Mr. Allstrom ran the car into the upper bank about 75 feet from the end of the curve, causing damage to the forward end of the machine. A little later a Soil Conservation truck driven by Lloyd C. Keith approached the curve from the opposite direction from that in which Mr. Allstrom was proceeding, and Mr. Keith was unable to distinguish Mr. Allstrom's car until within a distance of approximately 50 feet. On account of the icy condition of the highway the driver of the truck was unable to stop the truck, and it slid into the rear end of Mr. Allstrom's automobile, twisting its rear bumper and damaging the trunk and ender.

Mr. Allstrom reported: "I managed to drive it into Magdalena where there was a garage, arriving at 3 a. m. Keith can in no way be held responsible for hitting my car. No blame can be placed on anyone.'

Reports indicate that immediately after Allstrom returned to Albuquerque he took his automobile to the Holmes Motor Co. for repairs and notified his insurance carrier. The Holmes Motor Co. made repairs totaling approximately $265. The carrier paid all costs with the exception of $50, according to the terms of the policy issued to the insured.

Mr. Allstrom has submitted copies of bills and statement from vendors and repairmen covering items included in his claim for reimbursement in the amount of $367.15. The following statement is taken from Mr. Allstrom's letter to the Commissioner of Indian Affairs dated April 27, 1939, and shows how he arrived at the total amount of his claim for reimbursement.

"At last I have been able to gather duplicate statements of most of the items in the claim for a bill of relief. Enclosed please find certified copies of the bills and statements from vendors and repairmen. The items total as follows:

Holmes Motor Co., Albuquerque, N. Mex.:

Deductible on insurance policy.

2 Lee tires, at $16.50.

Reduction of re-sale value.

The Texas Co., Hot Springs, N. Mex., May 1937:

2 tires, at $19.50

2 tubes, at $2.50_

Firestone Auto Supply, Albuquerque, N. Mex.:

Jan. 27, 1937. 2 tires, at $16.41.

Apr. 26, 1937. 2 tires, at $16.36

Sept. 1, 1937. 1 tire.

H. L. Craig, Pie Town, N. Mex., on or about Jan. 10, 1937:

1 tire...

Automobile repairs

Magdalena Garage, N. Mex., Jan. 10, 1937: Automobile repairs

Total__

$50.00

33.00

150. 00

39.00

5. 00

33.82

32. 72

20.45

19.50

6.00

14. 66

403. 15

"I purchased two other tires during this period-one at Seligman, Ariz., after a blow-out witnessed by Mr. V. D. Smith and Ross Carman, C. C. C.-I. D. employees at Peach Springs, Ariz. I was not able to locate the garage in which I bought this tire, for which I paid cash. I was not able to remember where the other tire was purchased. At an estimated average cost of $18 this would make the total $439.15. During this period it is probable that under normal conditions I would have worn out one set of four tires. At an average estimated cost of $18 each this would make $72 to be deducted from the above total, making my total claim $367.15. In this claim I have included no item for taxes, nor for the gasoline purchased at the Magdalena Garage.'

Attached to this memorandum is a copy of a letter from the Holmes Motor Co. dated March 11, 1939, addressed to the Commissioner of Indian Affairs.

COMMISSIONER OF INDIAN AFFAIRS,

Washington, D. C.

MARCH 11, 1939.

DEAR SIR: This is to substantiate the claim of E. W. Allstrom against the United States Government because of an accident to his privately owned De Soto automobile on the night of January 7, 1937. Mr. Allstrom, having purchased his car from us and we being entirely familiar with his insurance policy, brought his car here for repairs totaling approximately $265, of which the insurance company reimbursed us for all of it except $50, owing to the fact that Mr. Allstrom had a $50 deductible collision policy. He, in turn, paid us the remaining $50.

Shortly after this, Mr. Allstrom again returned for a front end correction, which was causing his front tires to wear out excessively, this being caused by possibly a weakened condition in his accident, or to excessive road conditions, and at this time, we made the necessary correction and installed two new Lee tires at $16.50 each.

In September of the same year, Mr. Allstrom again traded automobiles with us, at which time we deducted approximately $150 from what the car should have been worth at the time he traded it in, due to the fact that it had been wrecked and, naturally, would not bring on the used-car market nearly as much money as an automobile that had never been in an accident.

I trust that this will clarify and substantiate Mr. Allstrom's claim. If we can be of any further assistance in the matter, we will be only too glad to assist. Very truly yours,

STATE OF NEW MEXICO,

County of Bernalillo.

HOLMES MOTOR CO.,

By B. H. HOLMES, President.

ALBUQUERQUE, N. MEX., March 11, 1939.

I, William E. Grimmer, a notary public, hereby certify that this letter is a true

copy.

WILLIAM E. GRIMMER, Notary Public, Bernalillo County.