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Ibach, Gavit, Stimson & Gavit, of Hammond, Ind., and Bernard C. Gavit, Indiana University School of Law, Bloomington, Ind., appear as attorneys of record for the plaintiff.

Respectfully,

CHARLES R. RUGG, Assistant Attorney General (For the Attorney General).

Name: Niculae Palasan.

Amount: $3,118.80.

Costs: $7.75.

Date of judgment: August 22, 1928.

Nature of claim: Loss resulting from the failure or delay of the Western Union Telegraph Co. to transmit an amount of $2,000 to Bucharest, Rumania, at a time when this company was under control of the United States (Post Office— Federal Control of telegraph and telephone systems).

Final decree: Judgment for the plaintiff for $3,118.80 together with his costs taxed at $7.75.

Court: United States District Court, Northern District of Indiana, Hammond Division.

DEPARTMENT OF JUSTICE, Washington, D. C., December 29, 1930.

In re Niculae Todar v. The United States. In the United States District Court for the Northern District of Indiana, Hammond Division, Law No. 111.

TREASURY DEPARTMENT,

Washington, D. C.

SIR: There is transmitted herewith for report to Congress for appropriation a certified copy of a judgment entered in the above entitled cause on August 22, 1928, in an amount of $3,119.21, and $8.35 costs, a total of $3,127.56.

The suit was brought for damage resulting from the failure or delay of the Western Union Telegraph Co. to transmit an amount of $2,000 to Bucharest, Rumania, at a time when this company was under control of the United States.

An appeal to the circuit court of appeals was dismissed by that court. No further review will be had.

The suit was brought under the provisions of the Tucker Act in accordance with which the judgment bears interest at the rate of 4 per cent from the date of entry. (U. S. Code, title 28, par. 765.)

Ibach, Gavit, Stimson & Gavit, of Hammond, Ind., and Bernard C. Gavit, Indiana University School of Law, Bloomington, Ind., appear as attorneys of record for the plaintiff.

Respectfully,

CHARLES B. RUGG, Assistant Attorney General (For the Attorney General).

Name: Niculae Todar.

Amount: $3,119.21.

Costs: $8.35.

Date of judgment: August 22, 1928.

Nature of claim: Loss resulting from the failure or delay of the Western Union Telegraph Co. to transmit an amount of $2,000 to Bucharest, Rumania, at a time when this company was under control of the United States (Post Office Federal control of telegraph and telephone systems).

Final decree: Judgment for the plaintiff for $3,119.21, together with his costs taxed at $8.35.

Court: United States District Court, Northern District of Indiana, Hammond Division.

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CLAIM FOR DAMAGES BY COLLISION WITH A NAVAL VESSEL

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

AN ESTIMATE OF APPROPRIATION SUBMITTED BY THE NAVY DEPARTMENT TO PAY A CLAIM FOR DAMAGES BY COLLISION WITH A NAVAL VESSEL IN THE SUM OF $1,388.93

JANUARY 5 (calendar day, JANUARY 8), 1931.-Read, referred to the Committee on Appropriations, and ordered to be printed

The PRESIDENT OF THE SENATE.

THE WHITE HOUSE, Washington, January 7, 1931.

SIR: I have the honor to transmit herewith for the consideration of Congress an estimate of appropriation submitted by the Navy Department to pay a claim for damages by collision with a naval vessel in the sum of $1,388.93, which has been considered and adjusted under the provisions of the act of December 28, 1922 (U. S. C., title 34, sec. 599), and which requires an appropriation for its payment.

Respectfully,

HERBERT HOOVER.

BUREAU OF THE BUDGET,
Washington, January 7, 1981.

SIR: I have the honor to transmit herewith for your consideration an estimate of appropriation submitted by the Navy Department to pay a claim for damages by collision with a naval vessel, which has been considered and adjusted under the provisions of the act of December 28, 1922 (U. S. C., title 34, sec. 599), and which requires an appropriation for its payment in the sum of $1,388.93.

The letter of the Secretary of the Navy submitting this estimate is transmitted herewith.

In accordance with the provisions of the act providing for such submissions, I recommend that this estimate be transmitted to Congress.

Very respectfully,

The PRESIDENT.

J. CLAWSON ROOP, Director of the Bureau of the Budget.

DEPARTMENT OF THE NAVY, Washington, D. C., January 5, 1981.

The DIRECTOR BUREAU OF THE BUDGET.

SIR: In accordance with the provisions of the act of Congress approved December 28, 1922 (U. S. Code, title 34, sec. 599), I have considered, ascertained, adjusted, and determined the following described claim accruing after April 6, 1917, on account of damages occasioned by collision for which collision a vessel of the Navy has been found to be responsible.

This claim has been examined by the Judge Advocate General of the Navy, who advises me that it is a legal claim for submission under said act. I certify the amount found due claimant, as herein set forth, as a legal claim, and recommend that it be submitted to the Congress for payment out of an appropriation that may be made therefor:

Mr. A. M. Miller, president, Millbank Fish & Mildcure (Ltd.), 640 Hastings Street, West, Vancouver, British Columbia, Canada, for reimbursement for damage to the gas boat Vertex resulting from a collision with the U. S. S. West Virginia in Puget Sound, Wash., on September 3, 1929. The West Virginia, while overtaking the Vertex in Puget Sound, collided with the Verter when that vessel made a change of course bringing it across the bow of the West Virginia. Being the overtaking vessel it was the duty of the West Virginia to keep out of the way of the Vertex and as no signals were sounded by the West Virginia signifying a desire to pass, the Vertex was justified in changing course as above stated. The U. S. S. West Virginia was responsible.

The amount claimed was $1,643.13; the amount allowed is $1,388.93. Very respectfully,

C. F. ADAMS, Secretary of the Navy.

Supplemental estimate of appropriation required for the service of the fiscal year ending June 30, 1931, by the Navy Depariment

Claims for damages by collision with naval vessels: To pay a claim for damages adjusted and determined by the Secretary of the Navy under the provisions of the act entitled, "An act to amend the act authorizing the Secretary of the Navy to settle claims for damages to private property arising from collisions with naval vessels," approved Dec. 28, 1922, as fully set forth in Senate Document No., Seventy-first Congress___

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$1, 388. 93

CLAIMS FOR DAMAGES TO PRIVATELY OWNED PROPERTY

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

ESTIMATES OF APPROPRIATION SUBMITTED BY THE SEVERAL EXECUTIVE DEPARTMENTS TO PAY CLAIMS FOR DAMAGES TO PRIVATELY OWNED PROPERTY AMOUNTING TO $1,500.33

JANUARY 5 (calendar day, JANUARY 8), 1931.-Read, referred to the Committee on Appropriations, and ordered to be printed

The PRESIDENT OF THE SENATE.

THE WHITE HOUSE, Washington, January 7, 1931.

SIR: I have the honor to transmit herewith for the consideration of Congress estimates of appropriations submitted by the several executive departments to pay claims for damages to privately owned property in the sum of $1,500.33, which have been considered and adjusted under the provisions of the act of December 28, 1922 (U. S. C., title 31, sec. 215), and which require appropriations for their payment. Respectfully,

HERBERT HOOVER.

BUREAU OF THE BUDGET,
Washington, January 7, 1931.

SIR: I have the honor to transmit herewith for your consideration estimates of appropriations submitted by the several executive departments to pay claims for damages to privately owned property, which have been considered and adjusted under the provisions of

the act of December 28, 1922 (U. S. C., title 31, sec. 215), and which require appropriations for their payment:

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The letters from the several departments submitting these estimates are transmitted herewith.

In accordance with the provisions of the act providing for these submissions, I recommend that these estimates be transmitted to Congress.

Very respectfully,

The PRESIDENT.

J. CLAWSON ROOP,

Director of the Bureau of the Budget.

DEPARTMENT OF COMMERCE,

Washington, December 12, 1930.

The DIRECTOR OF THE BUREAU OF THE BUDGET.

SIR: Pursuant to the act of Congress approved December 28, 1922 (42 Stat. 1066), authorizing the heads of departments and establishments acting on behalf of the Government of the United States to consider, ascertain, adjust, and determine claims on account of damages to or loss of privately owned property where the amount of the claim does not exceed $1,000, caused by the negligence of any officer or employee of the Government acting within the scope of his employment, I have to state the following claim which the department has considered and adjusted and in which is ascertained and determined the amount stated to be due the claimant named:

James Banker, Chalmers, Ind., for damages arising out of the injury to his livestock as a result of their eating wet paint from the concrete arrow and tower erected by the Government at site No. 18, Cincinnati-Chicago Airway. This site is leased from Mrs. Luella Barcus under license dated January 21, 1929. It appears that for a number of years prior to the time Mrs. Barcus authorized the Government to establish the beacon in question and up to and including June 6, 1930, the claimant had been occupying the premises as her tenant and that as such tenant the field was used by his cattle as a pasture. The arrow and tower were painted by Government employees during the latter part of May, 1930, and on June 6, 1930, two of the claimant's calves became sick, one dying immediately and the other injured to such an extent as to deter its growth. It is considered the Government employees were negligent in not using such means as might be necessary to keep the calves from entering the beacon site and proper disciplinary action has been taken in the matter.

Amount claimed and allowed, $58.50.

This claim is approved by this department and it is recommended that it be given consideration by your office with a view to its approval by the President and transmission to Congress for an appropriation as provided by law.

Very truly yours,

E. F. MORGAN, Acting Secretary of Commerce.

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