which it was intended and that the contractor was required to purchase the necessary lumber at an expense of approximately $7,100. It is evidently the purpose of the legislation to waive the statute of limitations against this claim so that the contractor may bring suit against the Government in the District Court of the United States for the Western District of Kentucky. While I would have no objection to a bill properly limited to the ostensible purpose of the legislation and safeguarding the rights of the Government, I am constrained to disapprove the instant measure because in its present form it is unfortunately subject to a number of serious objections. The first proviso of the bill would permit a review by the Supreme Court on certiorari of any decision or judgment rendered in any suit filed under the authority of the act. This clause is subject to the construction that an application for a writ of certiorari may be made directly to the Supreme Court to review a judgment of the district court without an intermediate appeal to the circuit court of appeals. No reason is discernible for making such an exception from the usual procedure in this instance. It may be observed that it is not customary to include such a provision in private jurisdictional bills in which jurisdiction is conferred on a United States district court in respect to an individual claim. Instead of proposing to confer on the court jurisdiction over the claim for alleged breach of contract, it would do so in respect to "losses or damages arising out of" the contract. Obviously, the contractor may conceivably have sustained losses arising out of the contract not due to any breach on the part of the Government and for which the Government is in nowise responsible, either legally or morally. In the light of this circumstance, the jurisdictional clause of the bill appears entirely too broad. Contrary to the usual practice, the bill contains no limitation on the time within which suit may be brought. While, because of the foregoing objections, I am impelled to return the bill without my approval, I also desire to call attention to two defects of the measure which should be corrected in the event that it should be passed in a revised form. The contract out of which the claim arises was made by the United States with the Dawson Springs Construction Co. The bill would permit suit to be brought in behalf of Theodore R. Troendle for the Dawson Springs Construction Co. No explanation of Mr. Troendle's connection with the claim is vouchsafed. The last proviso contained in the bill would prohibit the payment of attorneys' fees in an amount exceeding 10 percent of "the amount appropriated in this act,' whereas, in fact, no appropriation would be made by the act, since it would merely confer jurisdiction on a specified court over the claim. While such a restriction is generally included in bills making direct appropriations for the payment of claims, in its present form it appears unsuitable to a jurisdictional measure. FRANKLIN D. ROOSEVELT. THE WHITE HOUSE, August 7, 1940. S. 4037 SEVENTY-SIXTH CONGRESS OF THE UNITED STATES OF AMERICA: AT THE THIRD SESSION, BEGUN AND HELD AT THE CITY OF WASHINGTON ON WEDNESDAY, THE THIRD DAY OF JANUARY, ONE THOUSAND NINE HUNDRED AND FORTY AN ACT To confer jurisdiction upon the United States District Court for the Western District of Kentucky to hear, determine, and render judgment upon the claim of Theodore R. Troendle, for the Dawson Springs Construction Company Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the United States District Court for the Western District of Kentucky, notwithstanding the lapse of time or the statute of limitations, to hear, determine, and render judgment upon the claim of Theodore R. Troendle, for the Dawson Springs Construction Company, of Dawson Springs, Kentucky, for losses or damages arising out of a contract dated February 2, 1920, for the construction of eight buildings for the United States Public Health Service Sanatorium at Dawson Springs, Kentucky: Provided, however, That from any decision or judgment rendered in any suit presented under the authority of this Act a writ of certiorari to the Supreme Court of the United States may be applied for by either party thereto, as is provided by law in other cases: 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. [Endorsement on back of bill:] WM. B. BANKHEAD, Speaker of the House of Representatives. President of the Senate pro tempore. I certify that this act originated in the Senate. О EDWIN A. HALSEY, Secretary. MR. AND MRS. T. G. RAMSEY OCTOBER 8, 1940.-Committed to the Committee of the Whole House and ordered to be printed Mr. KENNEDY of Maryland, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 7965] The Committee on Claims, to whom was referred the bill (H. R. 7965) for the relief of Mr. T. G. Ramsey, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass. The amendments are as follows: Strike out all the language after the enacting clause and insert the following: 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 $500 to Mr. T. G. Ramsey, of Roxie, Mississippi, and the sum of $2,000 to Mrs. T. G. Ramsey, of Roxie, Mississippi, in full settlement of all claims against the United States for damages sustained by them on September 25, 1939, when the truck in which they were riding was struck by a Government truck operated in connection with the Civilian Conservation Corps and driven by an employee of Camp F-26, Meadville, Mississippi: 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. Amend the title of the bill so as to read: An Act for the relief of Mr. and Mrs. T. G. Ramsey. The purpose of the proposed legislation is to pay to Mrs. T. G. Ramsey, of Roxie, Miss., the sum of $2,000, to Mr. T. G. Ramsey, of Roxie, Miss., the sum of $500, in full settlement of all their claims against the United States on account of personal injuries sustained by them on September 25, 1939, when a truck in which they were riding was struck by a truck in the service of the Civilian Conservation Corps on State Highway 84, near Meadville, Miss. H. Repts., 76–3, vol. 6- -52 STATEMENT OF FACTS On September 25, 1939, a 1937 Ford pick-up truck owned by Mr. T. G. Ramsey, and being driven by Mrs. Ramsey, was proceeding west along U. S. Highway 84 near Meadville, Miss., when Mrs. Ramsey noticed a Government dump truck approaching from the west and immediately applied brakes and pulled to the north side of the road. The Government driver, having his attention on a house to the south of the road, did not notice the pick-up truck and, in taking his hand from the steering wheel to wave to someone on the porch, he allowed his truck to swerve into the truck driven by Mrs. Ramsey, and in which Mr. Ramsey was riding. Mrs. Ramsey, who was then 52 years of age, was taken to a nearby house for first aid and later she and Mr. Ramsey were taken by ambulance to Natchez Sanatorium, where they were examined and treated by Dr. Homer A. Whittington, who set forth his findings as follows: Mrs. Ramsey suffered from general shock; bruises of the entire body; lacerations of face, neck, and scalp; dislocation of acromioclavicula joint, left side; sacroiliac sprain; and tear of scar of previous abdominal operation, the latter leaving her permanently and totally disabled. Mr. Ramsey was treated for multiple bruises of the entire face and for laceration of septum of nose, and a small laceration over left eye. The above injuries made it necessary for them to liquidate a smallscale chicken business with a loss of $400. Medical, nursing, and hospital expenses incurred by Mr. Ramsey totaled $272.25. An additional $15 was expended for board for himself and $5 for hire of help to look after his chickens. The Department of Agriculture, in its report to your committee, fully sets forth the facts of this accident and recommends that $2,000 would constitute a reasonable allowance for pain and suffering sustained by Mrs. Ramsey and $500 as being reasonable for Mr. Ramsey. Your committee concurs in the recommendation of the Department, and recommend that the bill, as amended, do pass. Appended hereto is the report of the Department of Agriculture, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, DEPARTMENT OF AGRICULture, House of Representatives. DEAR MR. KENNEDY: Reference is made to Department letter dated May 10, acknowledging rcference by the Administrator, Federal Works Agency, of your request for report on H. R. 7965, for the relief of T. G. Ramsey, and H. R. 7956, for the relief of Mrs. T. G. Ramsey. The facts and circumstances of the accident in which Mr. and Mrs. Ramsey received personal injuries are briefy as follows: While proceeding west along U. S. Highway 84 near Meadville, Miss., at about 3:45 p. m. on September 25, 1939. Mrs. T. G. Ramsey, driving a 1937 Ford pick-up owned by T. G. Ramsey who was riding beside her, observed a Government dump truck, operated by Jessie D. Magee, Civilian Conservation Corps enrollee, acting within the scope of his employment, approaching at a moderate speed from the west and occupying center of roadway. Mrs. Ramsey immediately applied the brakes of her car and pulled to the extreme north edge of the highway. The driver of the Government truck instead of giving proper thought to his driving permitted his attention to be diverted to a house located to the south of the highway and just prior to meeting the Ramsey car momentarily raised his hand from the steering wheel of the truck and was waving at some person on the porch of the house. Due to this negligent inattention and disregard of safe driving practices on the part of its driver, the Government truck was allowed to pull even farther to its left, with the result that at a point entirely within the traffic lane of the Ramsey car, it crashed into the pick-up. The impact, in addition to causing material property damage, resulted in personal injury in varying degree of seriousness to both Mr. and Mrs. Ramsey and to two colored occupants of the Ramsey car. These latter, a Mrs. Lueberta Wilson, who was riding in the cab with Mrs. and Mr. Ramsey, and Mitchell Wade, who was riding on a chair in the back of the pick-up, received minor injuries. An infant baby belonging to Mrs. Wilson and carried in her arms escaped injury. The injuries received by Mr. and Mrs. Ramsey, however, were of a more serious nature. Mrs. Ramsey was carried to a nearby house where first aid was administered. Dr. L. Costley, Meadville, Miss., was summored and advised removal to a hospital by ambulance. Mr. Ramsey sustained painful injuries to his face and nose. He accompanied his wife to Natchez, Miss., in the ambulance. At the Natchez Sanatorium, Mr. and Mrs. Ramsey were both examined and treated by Dr. Homer A. Whittington, whose statement dated November 29, 1939, copy of which is attached, sets forth his findings. While Mr. Ramsey responded well to treatment for his injuries, Mrs. Ramsey was not so fortunate. An old scar from a previous abdominal operation was badly damaged in the accident and, according to Dr. Whittington, has caused Mrs. Ramsey to become permanently and totally disabled. Medical, nursing, and hospital expenses incurred by Mr. Ramsey in connection with this case total, according to his written statement, $272.25. An additional $15 was expended by Mr. Ramsey while awaiting outcome of his wife's condition, $10 of which was for board for himself and $5 for the hire of help to look after his chickens. Prior to the accident, the Ramseys jointly operated a small-scale chicken business, which netted them approximately $60 per month. Due to Mrs. Ramsey's disability and Mr. Ramsey's inability to attend to all of the work himself or to employ efficient help, it became necessary for them to liquidate this business with an estimated loss of $400. Damage to Mr. Ramsey's automobile amounted to $149.27, all but $50 of which was covered by insurance. A claim in the amount of $50 has been favorably considered by this Department under the Small Claims Act of December 28, 1922 (42 Stat. 1066), and has been referred to the Director of the Budget with recommendation that it be submitted to the Congress for appropriation. The record in the case establishes the fact that Mrs. Ramsey, age 52 at time of the collision, suffered injuries permanently and totally disabling her for performance of normal activities, which prior to the accident had included contribution of her services to the chicken-raising business operated jointly with her husband. It is the belief of the Department that compensation to the extent of $2,000 would constitute a reasonable allowance for the pain and suffering sustained by claimant and loss of productive earning capacity she formerly enjoyed. Compensation in the sum of $500 to Mr. Ramsey, age 58 at time of the accident, based on the following considerations is also believed reasonable: For medical, nursing, and hospital expenses in connection with his own and Mrs. Ramsey's injuries $272.25 For expenses for board and hired help while awaiting outcome of Mrs. For pain and suffering; loss in disposing of chicken business_ 15. 00 212.75 Total. 500.00 It is the recommendation of this Department that your committee report favorably on H. R. 7965 and H. R. 7966. Copies of the more important papers in the matter are enclosed for the information and files of the committee. Sincerely, CLAUDE R. WICKARD, Acting Secretary. |