That in addition to the diversion ditches on the west side there was constructed a diversion ditch on the south and east side of the landing field, which deposited water with increased volume and speed on the land owned by W. B. Timberlake, where it flowed diagonally across, entering Mr. Armstrong's land on the east, and flows in a northwesterly direction joining with the water coming from the southwest diversion ditch of the landing field. As a result of the diversion of this water,

in my opinion, it has caused permanent damage to the above-described land of Mr. Armstrong, which, in my opinion, can never be restored. As a result of this damage and injury to the land, which in my opinion is permanent, the valuation of the land has depreciated from $25 to $30 per acre.

The land where the landing field is constructed was comparatively level and flat and water from adjoining land on the west and on the east flow down gradually and spread over the ground where the landing field was constructed, and part of the water flowed to the south and part to the north but it did not flow upon Mr. Armstrong's land with sufficient force, volume, and speed to injure and damage the land in any way and not until after the landing field and diversion ditches above referred to were constructed did the water flow with sufficient volume and speed and upon the land of Mr. Armstrong as to damage it in any way and by reason of the construction of the ditches on the west side of the landing field they diverted water to the north that naturally would flow to the south and they also, by reason of the construction of the ditch on the south and east side of this landing field, diverted water which flowed to the south to the north.

C. W. MARSHALL.

Subscribed and sworn to before me this 12th day of April 1939. [SEAL]

My commission expires June 27, 1939.

V. T. NICHOLSON, Notary Public, Johnson County, Kans.

AFFIDAVIT

STATE OF KANSAS,

Johnson County, ss:

H. O. Craig, of lawful age, being first duly sworn on oath states: That his place of residence is Gardner, Johnson County, Kans. That he is past 57 years of age and that he has been a resident of Gardner Township, in Johnson County, Kans., for more than 30 years last past. That his place of residence at the present time is one-quarter mile south of the United States Government emergency landing field for airplanes, located in Gardner Township, Johnson County, Kans. That he is familiar with the land in that vicinity and the lay of the land in the vicinity of the landing field, which is located in sec. 27, T. 14, R. 22, in said county and State. That H. C. Bigelow, of Gardner, Kans., and this affiant were the owners E2NW4 sec. 27, T. 14, R. 22, in said county and State and sold 72 acres of said land to the United States Government, which is a part of said landing field. That this land was quite flat and drained gradually to the north and south.

In the construction of the landing field, diversion ditch was made along the west side of all the property purchased by the Government for landing-field purposes, and by reason of the construction of this ditch all the water from the adjacent land lying west of the landing field was taken up and turned north onto the following-described real property, situated in the county of Johnson and State of Kansas, to wit: WSE sec. 22, and E2SW sec. 22, T. 14, R. 22, containing 160 acres, owned by Mr. E. E. Armstrong, of Gardner, Kans., which land of Mr. Armstrong joins on the north the land owned by the United States Government used as an emergency landing field, although, that for over one-half of the distance of the aforesaid ditch the natural flow of the water was to the southeast or in opposite direction entirely, thus no water from the adjacent land drained into and spread over what is now the landing field.

The same ditch construction was made on the east and south sides of the landing field, carrying water from those sides onto Mr. Armstrong's land. The water from the west-side ditch enters Mr. Armstrong's land in the southwest corner and flows in a northeasterly direction entirely across the farm of 160 acres. The water from the east-side ditch enters Mr. Armstrong's land on the east side a short distance north of the south boundary line of his farm and flows northwesterly, joining with the water flowing from the west-side ditch.

That he was well acquainted with Mr. Armstrong's land before the construction of the landing field and there was a natural depression in the land to take care of the excess water but there were no ditches, and all the land was under cultivation. Now, on account of the volume and speed of the water from the landing field, which by reason of the construction of the ditches, it has caused ditches upon the land of Mr. Armstrong from 2 to 6 feet in depth and from 10 to 20 feet in width and has washed away the topsoil for a greater distance than the width of the ditches. This has made a very irregular field on the farm and makes cultivation of the farm very difficult. Since the construction of the landing field, by reason of the ditches caused by the increased volume of the water upon his property, it has made it necessary to divide the land into separate tracts to be farmed by reason of the fact that it is impossible to cross over the ditches, on account of their depth and width, with teams and farm machinery.

It is my opinion, that, by reason of the increased overflow of the water upon Mr. Armstrong's land, since the construction of the landing field, that his land has been damaged and has greatly depreciated in value and that the land is worth at the present time $25 to $30 an acre less than it was before these ditches were made. That the damage to this land by reason of these ditches is permanent and that it would be impossible to restore this land to the same condition that it was before the landing field was constructed.

H. O. CRAIG.

Subscribed and sworn to before me this 13th day of April, 1939. [SEAL]

My commission expires May 1, 1941.

R. K. STOCKMYER, Notary Public, Johnson County, Kans.

о

ROBERT J. TITA

OCTOBER 17, 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. 8194]

The Committee on Claims, to whom was referred the bill (H. R. 8194) for the relief of Robert J. Tita, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all the language of the bill after the enacting clause and insert in lieu thereof the following:

That, in the audit of the accounts of the postmaster at Chicago, Illinois, the Comptroller General of the United States is hereby authorized and directed to waive the citizenship requirements of section 5 of the act of March 28, 1938, 52 Stat. 148, as to compensation earned by Robert J. Tita during the period July 1, 1938, to January 31, 1939, as a city letter carrier at Chicago, Illinois.

SEC. 2. The postmaster at Chicago, Illinois, is hereby authorized and directed to pay to Robert J. Tita, under the applicable appropriation of the Postal Service, such part of $1,231.45 as has not been paid to him, or, having heretofore been paid him, has been refunded by the payee, such sum representing the net amount of compensation earned by him during the period July 1, 1938, to January 31, 1939, as a city letter carrier at Chicago, Illinois.

SEC. 3. 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 authorize and direct the Comptroller General of the United States, in the audit of the accounts of the postmaster at Chicago, Ill., to waive the citizenship requirements of section 5 of the act of March 28, 1938 (52 Stat. 148), as to compensation earned by Robert J. Tita during the period July 1, 1938, to January 31, 1939, as a city letter carrier at Chicago, Ill.,

H. Repts., 76-3, vol. 6- -59

and to authorize and direct the postmaster at Chicago, Ill., to pay to Robert J. Tita, under the applicable appropriation of the Postal Service, such part of $1,231.45 as has not been paid to him, or, having heretofore been paid him, has been refunded by the payee, such sum representing the net amount of compensation earned by him during the period July 1, 1938, to January 31, 1939, as a city letter carrier at Chicago, Ill.

STATEMENT OF FACTS

Section 5 of the act of Congress approved March 28, 1938, provided that no part of the moneys appropriated should be used in paying compensation to employees not citizens of the United States.

The record shows that Mr. Tita had been under the impression that he was born in Toledo, Ohio, and upon learning that he was not a citizen of the United States, having been born in Italy, he reported same to the Department on his own initiative. He was then immediately suspended from service under the act of Congress just referred to. Consequently, Mr. Tita was required to refund to the Government the salary which he had earned during the period from July 1, 1938, to January 31, 1939, and was required to remain on a nonpay status until he could prove citizenship.

Mr. Tita secured his citizenship certificate on May 5, 1939, and was accordingly reassigned to duty on May 10, 1939.

As stated by the Acting Postmaster General in his report to your committee dated April 8, 1940, Mr. Tita rendered services during the period of time involved in good faith, and your committee concurs in the recommendation of the Department that legislation for his relief be passed.

Your committee has amended the bill to comply with the suggestions of the Comptroller General of the United States, and the enactment of such legislation is deemed equitably proper, as without the enactment of such legislation an undue hardship will have been imposed upon the claimant.

Appended hereto are the reports of the Post Office Department and the Comptroller General, together with other pertinent evidence. OFFICE OF THE POSTMASTER GENERAL, Washington, D. C., April 8, 1940.

Hon. AMBROSE J. KENNEDY,

Chairman, Committee on Claims,

House of Representatives, Washington, D. C.

MY DEAR MR. KENNEDY: The receipt is acknowledged of your letter of February 6, 1940, requesting a report upon H. R. 8194, a bill for the relief of Robert J. Tita.

Section 5 of the act of Congress approved March 28, 1938, provided that no part of the moneys appropriated should be used in paying compensation to employees not citizens of the United States.

Under date of February 2, 1939, the postmaster of Chicago, Ill., advised that Mr. Tita was born in Calascibetta, Italy, and was not a citizen of the United States. A copy of the postmaster's letter and a statement from Mr. Tita are attached. In view of the provisions of law Mr. Tita was immediately placed in a nonpay status and required to make reimbursement of money irregularly paid him as salary from July 1, 1938, to the date he was placed in a nonpay status, which was January 31, 1939. Mr. Tita was required to refund the sum of $1,226 paid to him contrary to law as compensation for services during the period July 1, 1938, to January 30, 1939, inclusive.

On May 5, 1939, the postmaster of Chicago advised this Department that Mr. Tita presented a certificate of citizenship issued to him by the United States district court under date of May 5, 1939, and accordingly he was reassigned to duty on May 10, 1939.