J. H. ATKINS APRIL 21, 1941.-Committed to the Committee of the Whole House and ordered to be printed Mr. JENNINGS, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 843] The Committee on Claims, to whom was referred the bill (H. R. 843) for the relief of J. H. Atkins, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 6, strike out "$5,000 for bodily" and insert in lieu thereof "$2,500 in full settlement of all claims against the United States, for personal". At the end of the 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 $2,500 to J. H. Atkins, of Tazewell, Tenn., in full settlement of all claims against the United States for personal injuries sustained by him on May 21, 1934, when a Civilian Conservation Corps truck caused the horse which he was riding to fall throwing him off and breaking his leg. On May 21, 1934, Mr. J. H. Atkins was riding a horse on a county highway near Lone Mountain, Tenn., when a Čivilian Conservation Corps truck approached him from the opposite direction on the wrong side of the road. Mr. Atkins, to avoid being struck, forced his horse off the road into a ditch. The horse immediately fell upon Mr. Atkins, breaking his leg. The War Department, in its report to the committee, recommends against the enactment of the legislation. It is the opinion of your committee in reviewing the Department's report, that they base their recommendation upon the fact that the horse and truck did not come into actual contact; also that both the truck and Mr. Atkins were traveling in the same direction, therefore that the truck was on the proper side of the road. Your committee disagree with the recommendation of the War Department for the following reasons: First, that the truck was not traveling in the same direction as Mr. Atkins, but that it approached him from the opposite direction traveling on the wrong, or Mr. Atkins, side, of the road; second, that any person seeing a truck bearing down upon him will try to get out of its way, without first taking the precaution to see where he is going, and that if he injuries himself while getting out of the way, the driver of the truck is at fault the same as he would be if he had struck the person; therefore, your committee recommend the enactment of the bill, as amended. Appended hereto is the War Department report, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, WAR DEPARTMENT, Washington, July 28, 1939. House of Representatives, Washington, D. C. DEAR MR. KENNEDY: Careful consideration has been given to the bill H. R. 2107, Seventy-sixth Congress, first session, for the relief of J. H. Atkins, which you transmitted to the War Department under date of July 14, 1939, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to J. H. Atkins, of Tazewell, Tenn., the sum of $5,000, for bodily injuries sustained by him on May 21, 1934, near Lone Mountain, Tenn., when a Government truck, operated in connect ion with the Civilian Conservation Corps, caused the horse which he was riding to fall, throwing said J. H. Atkins off and breaking his leg. On October 28, 1935, the War Department submitted to the chairman, Committee on Claims, House of Representatives, a report on a similar bill for the relief of J. H. Atkins (H. R. 8708, 74th Cong.), as follows: "The records of the War Department show that the Civilian Conservation Corps truck assigned to Civilian Conservation Corps Company 1258, on an authorized mission, was traveling from Lone Mountain, Tenn., to Tazewell, Tenn., on a county highway at approximately 25 miles an hour. Mr. Atkins, on horseback, was traveling on the same road in the same direction. The Civilian Conservation Corps truck passed Mr. Atkins and gave him plenty of room, and at the time of passing the horse was under perfect control. However, after the truck had passed about 75 yards the driver noticed that Mr. Atkins had been thrown. He then returned and picked up Mr. Atkins and took him to the hospital at Knoxville, Tenn. "This matter was investigated by the commanding officer of Civilian Conservation Corps Company 1258. He states that he went to Mr. Atkins' home and took the matter up with him; that Mr. Atkins was very considerate and courteous about the matter and absolved the driver of the Civilian Conservation Corps truck of any responsibility; and that at the time he offered freely to sign the following certificate concerning the accident: LONE MOUNTAIN, TENN, I hereby certify that the truck from Camp 25 did not hit me nor the horse at the time I fell and broke my leg. I was crowded off the road. (Sgd.) J. H. ATKINS. "As before stated, the investigation made of this case fails to show that Mr. Atkins was crowded off the road by the Government truck; but, on the contrary shows that the truck gave him plenty of room in passing, and that his difficulty with his horse occurred after the truck was a considerable distance in his front. "In view of all of the above, the War Department is constrained to recommend against the enactment of the proposed legislation.” The War Department is again constrained to recommend that favorable consideration be not given to the proposed legislation. Sincerely yours, HARRY H. WOODRING, Secretary of War. STATE OF TENNESSEE, Claiborne County: J. H. Atkins makes oath in due form of law before the undersigned authority as follows: On May 21, 1934, I was riding a horse near Lone Mountain, Tenn. The place, where I was, was on a road about a mile and one-half southwest of Lone Mountain. It is a gravel road and the rock part of the road at that spot is about 15 feet wide, and from ditch to ditch the road is about 17 feet wide. I was on my way to my farm and I met a Civilian Conservation Corps truck belonging to Tennessee Valley Authority camp No. 25 going toward Lone Mountain or northeast. I was on the edge of the road on the right-hand side. When I first saw the truck, it was about 50 yards away coming over the top of a little hill. The truck driver was on the wrong side, or left side, of the road. I expected him to pull over on the right side, which he did not do; and when I saw the truck was going to hit me I forced the horse into the ditch, whereupon the horse immediately fell with me, breaking my leg. As result of this injury I was in bed for 3 months and still have trouble with my leg. I was unable to do my work for more than a year, and can only do light work now. The injury to my right leg, which is shorter than the other one, causes me to limp. J. H. ATKINS. A. G. SHUMATE, Notary Public. Sworn to and subscribed before me this 2d day of March 1940. [SEAL] My commission expires October 13, 1942. STATE OF TENNESSEE, Claiborne County: J. H. Atkins makes oath in due form of law before the undersigned authority as follows: On May 21, 1934, I was riding a horse near Lone Mountain about 8 o'clock a. m. when I met a Civilian Conservation Corps truck from Tennessee Valley Authority Camp No. 25. The road was not very wide and the truck was taking all of the road and I was forced to ride into the ditch in order to avoid being struck by the truck, which scared the horse and caused him to fall, thereby breaking my right leg near the ankle. There was no other truck involved in this accident. The Civilian Conservation Corps truck ran about two or three hundred yards past me and stopped and backed up and took me to my home in Lone Mountain, Tenn., which was about a mile and a half away. It had been the habit of these trucks to hold the road when passing people. The horse which I was riding was a gentle horse which I had been riding about 2 years. There was no one else in sight except the two boys, who were on the truck. I talked with Captain Battles, who had charge of the camp, and he stated he did not want to make it too hard on the boys. If I had not got in the ditch the truck would have hit me. Sworn to and subscribed before me this July 6, 1939. [SEAL] J. H. ATKINS. LIZZIE MAE MORLEY, Notary Public. My commission expires January 29, 1941. To Whom It May Concern: NEW TAZEWELL, TENN., March 24, 1941. Mr. J. H. Atkins at Lone Mountain, Tenn., was examined by me today, complaining of soreness and weakness of right ankle and foot. This leg was broke in 1934. Physical examination shows an irregular shaped leg extending from ankle up the leg for about 6 inches, due to a healed fracture. The right leg is smaller than the left leg. This extends from ankle to the thigh, shortening of right leg about 1/4 inch. Some stiffness in the foot and ankle. Pain on flexion and extension of the foot. Weakness in ankle and leg when walking. This patient also has a total disability due to a coronary sclerosis and angina. Blood pressure 180/100. Partial deafness in both ears. HARRY C. EVANS, M. D. [Receipt form] No. 1; August 20, 1934; received of J. H. Atkins one hundred dollars; in full to date. Dr. C. L. Chumley. KNOXVILLE, TENN., June 5, 1934. ST. MARY'S MEMORIAL HOSPITAL (CONDUCTED BY THE SISTERS OF MERCY) Mr. J. H. Atkins, Lane Mountain: Admitted May 21, 1934; discharged June 5, 1934; room, board, and general care, $60; anesthetic, $6; X-ray service, $15; drugs, $9.90; casts, $18; X-ray, $5; total, $113.90; received on account, $25; balance due, paid by check, $88.90. Hala Perry. [On back] Paid Dr. Evans $84, June 27, 1934. о JOHN I. TWEHUES APRIL 21, 1941.-Committed to the Committee of the Whole House and ordered to be printed Mr. CHENOWETH, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 1356] The Committee on Claims, to whom was referred the bill (H. R. 1356) for the relief of John I. Twehues, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, line 6, strike out the figures "$5,000" and insert in lieu thereof the figures "$2,500". Page 1, line 7, starting with the word "suffered" in line 7, strike out all the language down to the word "Provided" in line 7, on page 2, and insert in lieu thereof "sustained on January 18, 1931, when he picked up a 37-mm shell on the military reservation at Fort Thomas, Kentucky, which shell later exploded:" The purpose of the proposed legislation is to pay to John I. Twehues the sum of $2,500, in full settlement of all claims against the United States for personal injuries sustained on January 18, 1931, when he picked up a shell which he found lying on the ground of the military reservation at Fort Thomas, Ky., which shell later exploded. STATEMENT OF FACTS On January 18, 1931, John I. Twehues, then aged 13, was walking on the grounds of Fort Thomas; that he approached a corral to watch the mules; that he started picking some grass with which to feed them; that while picking the grass he found an unexploded projectile of a 37-mm. shell, low-explosive type; that the shell exploded causing injuries to Mr. Twehues' right hand. At the time of the accident his injury was diagnosed as follows: Wound, lacerated, tip of right index finger, whole of right thumb, tip |