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JUNE 3 (legislative day, May 28), 1940.—Ordered to be printed

Mr. TOWNSEND, from the Committee on Claims, submitted the

following

REPORT

(To accompany S. 3962)

The Committee on Claims, to whom was referred the bill (S. 3962) for the relief of the Louis Puccinelli Bail Bond Co., having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendments:

On page 1, strike out all of line 7 and insert in lieu thereof “$2,000, in full settlement of all claims against the United States”.

On page 1, line 9, strike out “a like amount under”.

The bill, as amended, which has the approval of the Attorney General, provides for the payment of $2,000 to the Louis Puccinelli Bail Bond Co., of San Francisco, as a result of the forfeiture of the bail bond given by the Inland Bonding Co. as surety in the case of United States v. John Campagna in the United States District Court for the Northern District of California.

The records of the Attorney General show that Campagna was arrested on charges of concealing tax-unpaid liquor, the illegal operation of a still and a conspiracy to violate the internal revenue laws. Before indictment, he was released on bail in the sum of $2,500 which was given by the Inland Bonding Co. The Louis Puccinelli Bail Bond Co. in turn deposited collateral with the Inland Co.

Campagna failed to appear on the appointed date and became a fugitive from justice in May 1938. On July 6, 1938, while Campagna was still at large, the grand jury for the northern district of California returned an indictment against him on the charges above mentioned. On August 24, 1938, his bail was ordered forfeited and on September 7, 1938, the amount thereof was paid to the Government by the Inland Bonding Co. from proceeds of the sale of the collateral deposited with it by the Puccinelli Bail Bond Co.

The records further show that Mr. Puccinelli made considerable effort to locate the fugitive and to assist Government officers in their efforts to do likewise; that he issued throughout the Pacific coast region circulars and photographs of Campagna and worked for a number of months with special investigators of the Government in following up clues; that he employed at least one private investigator in efforts to obtain information as to Campagna's whereabouts, and that he paid the sum of $125 to an informer in Vancouver, British Columbia.

The fugitive was apprehended in Canada and then turned over to the Government by Canadian authorities. On October 30, 1939, he pleaded guilty to the charges and was sentenced to imprisonment for 18 months and fined $200.

In the apprehension of Campagna the Government spent in the neighborhood of $500. This amount has been deducted from the amount of refund to the Louis Puccinelli Bail Bond Co.

The letter of the Attorney General is appended hereto and made a part of this report.

OFFICE OF THE ATTORNEY GENERAL,

Washington, D. C., May 18, 1940. Hon. EDWARD R. BURKE, Chairman, Committee on Claims,

United States Senate, Washington, D. C. MY DEAR MR. CHAIRMAN: I have your letter of May 14, 1940, requesting my views concerning the merits of a bill (S. 3962) to reimburse the Louis Puccinelli Bail Bond Co. for the loss of $2,500, as a result of the forfeiture of the bail bond given by the Inland Bonding Co. as surety in the case of United States v. John Campagna in the United States District Court for the Northern District of California.

The files of this Department show that Campagna was arrested on charges of concealing tax-unpaid liquor, the illegal operation of a still, and a conspiracy to violate the internal revenue laws. Before indictment he was released on bail in the sum of $2,500 which was given by the Inland Bonding Co. The Louis Puccinelli Bail Bond Co. in turn deposited collateral with the Inland Co.

Campagna failed to appear on the appointed date and became a fugitive from justice in May 1938. On July 6, 1938, while Campagna was still at large, the grand jury for the northern district of California returned an indictment against him on the charges above-mentioned. On August 24, 1938, his bail was ordered forfeited and on September 7, 1938, the amount thereof was paid to the Government by the Inland Bonding Co. from proceeds of the sale of the collateral deposited with it by the Puccinelli Bail Bond Co.

The files indicate that Mr. Puccinelli made considerable effort to locate the fugitive and to assist Government officers in their efforts to do likewise. Immediately after Campagna disappeared, Puccinelli issued throughout the Pacific coast region circulars and photographs of Campagna and worked for a number of months with special investigators of the Government in following up clues. He employed at least one private investigator in efforts to obtain information as to Campagna’s whereabouts. He also paid the sum of $125 to an informer in Vancouver, British Columbia. The fugitive was apprehended in Canada and then turned over to the Government by the Canadian authorities. On October 30, 1939, he pleaded guilty to the charges contained in the indictments and was sentenced to imprisonment for 18 months and fined $200.

Although Puccinelli cooperated fully in the search for Campana, the Government was, nevertheless, also subjected to additional expense by reason of the default. While it is impossible accurately to determine the amount of such additional expense to the Government, it is estimated that it was not less than $500. Such sum should therefore be deducted from the amount of any refund to the Louis Puccinelli Bail Bond Co.

Accordingly, if the bill is amended to provide for a refund of the sum of $2,000 I find no objection to its enactment. Sincerely yours,

ROBERT H. JACKSON. Attorney General.

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June 3 (legislative day, May 28), 1940.—Ordered to be printed

Mr. TOWNSEND, from the Committee on Claims, submitted the

following

REPORT

[To accompany H. R. 6845)

The Committee on Claims, to whom was referred the bill (H. R. 6845) for the relief of Anthony Borsellino, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

The facts are fully set forth in House Report No. 2128, Seventysixth Congress, third session, which is appended hereto and made a part of this report.

(H. Rept. No. 2128, 76th Cong., 3d sess.)

The Committee on Claims, to whom was referred the bill (H. R. 6845) for the relief of Anthony Borsellino, 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 5, strike out the sign and figures “$5,000” and insert in lieu thereof "$3,500."

Beginning with the word “That” on page 1, line 12, strike out the remaining language of the bill and insert in lieu thereof the following:

"That no person or persons acting on behalf of the claimant on account of services rendered in connection with this claim shall be paid or shall receive an amount in excess of 10 percent of the amount herein appropriated, any contract or contracts 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 to Anthony Borsellino, the sum of $3,500, in full settlement of his claim against the United States, for the death of his minor son, Joseph Borsellino, as a result of injuries received through the operation of a truck belonging to the District of Columbia National Guard, on June 23, 1933, at Third Street and Maine Avenue, Washington, D. C.

STATEMENT OF FACTS

At about 4:30 p. m. on June 23, 1933, two 3-ton trucks belonging to the District of Columbia National Guard were being driven north on Third Street SW., and started to make a left turn in a southwesterly direction on Maine Avenue. The first truck which was towing the second truck because of its faulty brakes, was forced to continue north farther than he intended because of his being passed by a north-bound automobile. When he started his turn he found he would be unable to complete same, without striking the rear of a "snowball” delivery truck which was parked properly on the north side of Maine Avenue. Because of the faulty brakes on the second truck, the driver of the first truck was unable to bring bis truck to a sudden stop. Consequently, before he could stop, his truck came in contact with Joseph Borsellino, a 10-year-old boy, who was seated on the tailgate of the "snowball” truck. The injuries sustained caused the death of this small boy almost immediately.

Your committee, after having carefully considered the facts of this case, recommend that the bill be passed, in the amount of $3,500, which, it is felt, is an equitable settlement of the claim involved herein.

Appended hereto is a report of the Acting President of the Board of Commissioners, District of Columbia, together with other pertinent evidence.

WASHINGTON, February 13, 1940. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims,

House of Representatives, Washington, D. C. MY DEAR MR. KENNEDY: The Commissioners have the honor to present herewith the report on H. R. 6845 of the first session of the Seventy-sixth Congress, a bill for the relief of Anthony Borsellino.

The purpose of this bill is to compensate Anthony Borsellino for the death of his minor son, Joseph Borsellino. Învestigation of this incident discloses that on June 23, 1933, about 4:30 in the afternoon, two 3-ton trucks belonging to the District of Columbia National Guard were being driven north on Third Street SW., and making a left turn, to proceed in a southwesterly direction on Maine Avenue. The first truck was towing the second truck and had been lashed thereto with chains. This connection was made by looping the chain around the rear bumper of the first truck and the front bumper of the second truck. There was no more than about 8 inches of clearance between the two vehicles. According to the testimony at the coroner's inquest, which was held at the District Torgue on June 24, 1933, a north-bound automobile, the identity of which is unknown, passed the Guard trucks about the time the driver was commencing to make his left turn. This caused the driver to continue north farther than he had intended to do before starting the turn. When he cut his wheels to the left he found that he would be unable to complete the swing without coming in contact with a "snowball” delivery truck which was parked properly on the north side of Maine Avenue, headed in a southwesterly direction. The trucks were chained together primarily because the brake mechanism of the second truck was not functioning at the time. This made it not only more difficult for the driver of the first truck to stop on short notice, but also made it practically impossible for him successfully to make this left oblique turn. Before the driver could stop the Guard truck, it came in contact with Joseph Borsellino, a 10-year-old boy, who was seated on the tailgate of the “snowball'' truck. The injuries sustained caused the death of this small boy almost immediately.

Claim was presented against the District of Columbia on behalf of Mr. Anthony Borsellino by his attorney, Mr. James F. Reilly, of the Investment Building. Because of the provisions of existing law which clearly state that the Commander in Chief of the District of Columbia National Guard is the President of the United States, and because of the further fact that the Commissioners of the District of Columbia have no authority at all over the District of Columbia National Guard, this claim was denied.

The Commissioners believe, however, that inasmuch as there was no showing of any negligence on the part of the deceased boy, and in view of the showing that the practice adopted by the guard in moving this disabled truck prevented the driver of the towing truck from maintaining that degree of control over the trucks necessary for safe operation of vehicles, that the claim is a meritorious one. The Commissioners, therefore, wish to report favorably on this bill and recommend that the same be enacted into law.

With respect to the concluding proviso of the bill, the Commissioners have this suggestion to offer. The existing language would allow payments to be made considerably in excess of 10 percent of the amount of the appropriation provided each such agent or attorney received no more than 10 percent of the appropriation. The suggested change would make the proviso read as follows:

Provided, That no person or persons acting on behalf of the claimant on account of services rendered in connection with this claim shall be paid or shall receive an amount in excess of 10 percent of the amount herein appropriated, any contract or contracts 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."

We believe that the suggested proviso would more effectively carry out the obvious intent of the Congress that Anthony Borsellino actually receive the funds herein made available. Respectfully,

GEORGE E. ALLEN, Acting President, Board of Commissioners, District of Columbia.

CASE: INSTANT DEATH OF LITTLE 11-YEAR-OLD JOSEPH BORSELLINO, 525

VIRGINIA AVENUE, SOUTHEAST (JUNE 23, 1933) Report taken from record made by Officer Bowers and on file at No. 5 Precinct.

Access to records given Thelma M. Conerly, investigator for the case, November 4, 1938, by Officer B. M. Strong

REPORT AS WRITTEN BY OFFICER BOWERS

About 4:30 this p. m. Liberty 3-ton truck, owned by District of Columbia · National Guard, and operated by Sidney Randolph Dulin, white, 28 years old, 10 years driving experience, permit 139-085, living at 1609 Massachusetts Avenue SE., while making a left-hand turn from Third Street SW. to go west on Maine Avenue struck a Ford truck, D. C. B.-9052, which was parked on north side of Maine Avenue SW., and about 59 feet west of Third Street. Bernard Borsellino (name on No. 5 precinct records should have been Joseph), white, 11 years old, lived at 525 Virginia Avenue SE., was caught between the two cars. He was removed to Providence Hospital in a private auto operated by John Borsellino, 525 Virginia Avenue SE., and treated by Dr. Bastine of the above hospital and at 5 p. m. he was pronounced dead by Dr. Bastine of the above hospital.

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