appears at this late date to be in bad physical condition. There are a good many things he did not remember concerning the facts of his case that I got from Dr. Day which leads me to believe that there is a possibility that his memory might be somewhat affected from this accident. I am advised by Knight that he has lost all of the summer wages as a result of the accident, and in addition thereto lost an automobile. Also, I was advised by Dr. Day that Knight was brought to the hospital by the Army officer, who told him that the hospital and doctor bill would be taken care of and that after Knight was discharged by the doctor, a board of inquiry would set on the case and determine what, if any, compensation Knight would be entitled to. I have just had a telephone conversation with Dr. Hansen of the Civilian Conservation Corps headquarters in Lewiston, Idaho, and was advised by him that the accident had been investigated by Government officials and that the proper procedure for Knight to follow was to file a claim with the Representative in his district. The matter would then be submitted to Congress and a bill of relief passed in his favor. He stated further that he was not in a position to give out information except to duly authorized governmental officials, but their reports could be obtained by proper officials. He offered me any information I desired, but I felt I had secured enough information to justify writing this letter to you, submitting the matter to your office for the proper attention that your office will undoubtedly give it. Mr. Knight's home address is with his parents, Willard Knight, Lyle, Wash. He is living at the present time at 227 Adams Street, Walla Walla, Wash. Mr. Knight is absolutely without funds. For that reason he will greatly appreciate any prompt attention you can give to this important matter. He was advised by Homer Watts, attorney-at-law, Athena, Oreg., to file a claim with the Government in the amount of $5,000. While I am not entirely familiar with all of the facts yet I am inclined to believe that that amount is somewhat excessive. You undoubtedly would be in a better position to estimate the amount for which he should file, after getting a full and complete report from the headquarters in Lewiston, Idaho. My feeling, however, is that he has received a substantial injury and appears to be entirely fair-minded. I will not write further at this time, but will inform you in closing that this young man can be available for questioning by you at any time you are in this district. Very truly yours, GLB:EC GLENN L. BEAN, United States Commissioner. о JUNE 3 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. BURKE, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 1857] The Committee on Claims, to whom was referred the bill (H. R. 1857) for the relief of Nell Mullen, 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. 61, Seventy-sixth Congress, first session, which is appended hereto and made a part of this report. [H. Rept. No. 61, 76th Cong., 1st sess.] The Committee on Claims, to whom was referred the bill (H. R. 1857) for the relief of Nell Mullen, having considered same, report thereon with the recommendation that the bill do pass, with the following amendments: Line 5, after the name "Mullen" insert "of Scranton, Pennsylvania". Line 6, strike out the figures "$1,950" and insert "$950". At the end of the bill, strike out the period, insert a comma, and add the following: "on December 22, 1924, when she slipped and fell because of the wet condition of the floor of said building: 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." An identical bill passed the House in the Seventy-fifth Congress, and the facts are fully set forth in House Report No. 280, Seventy-fifth Congress, first session, which is appended hereto and made a part of this report. (H. Rept. No. 280, 75th Cong., 1st sess.] The Committee on Claims, to whom was referred the bill (H. R. 3921) for the relief of Nell Mullen, having considered the same, report thereon with the recommendation that it do pass with the following amendments: In line 6, strike out the figures "$1,950" and insert in lieu thereof the figures "$950". In line 6, also, after the name "Mullen", insert the words "of Scranton, Pennsylvania,". At the end of the bill, strike out the period, insert a comma, and add the following: "on December 22, 1924, when she slipped and fell because of the wet condition of the floor of said building: 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." STATEMENT OF FACTS The purpose of the proposed legislation is to authorize payment of $950 to Nell Mullen, of Scranton, Pa., in full settlement of all claims she may have against the Government for injuries received by her in the United States post-office building, at Scranton, Pa., on December 22, 1924, when she slipped and fell because of the wet condition of the floor of said building. Claimant was mailing a parcel-post package when this accident occurred. The record discloses that the usual Christmas rush was in process, that many persons were therefore visiting the post office, that a wet snow had been falling all day, and that as a result thereof the floor of the building had become quite slippery and wet. There are statements of witnesses on file, which show that the fall and injury to claimant actually occurred, and in fact, there is nothing on file from the Treasury Department which contradicts the allegation that the conditions described here did exist and that claimant did sustain personal injury from the fall suffered thereby. The question is that of the responsibility of the Government for this occurrence. The Department refrains from expressing an opinion as to the merits of the claim, which is its customary position in these cases. We admit that the custodian of the building could not have continually mopped and kept dry the floor as long as persons were passing in and out of the building, but certainly some precautionary measures could have been taken to lessen the dangerous condition thereof. use of sand or sawdust would have prevented this or any similar injury, and we think that the custodian, as being charged with the care of this building on behalf of the Government, was bound to take some such action. The The Treasury Department seems to indicate that its belief is along the same lines, as it suggested to claimant that she might obtain some redress through private act of Congress. As we find the record from the Department silent on the question of what action it took, under the circumstances, for the protection of the public who had a right to visit the building, it results that no such action was taken, and that it was a negligent failure on the part of the building custodian. Claimant sustained a fracture of the right kneecap, was in the hospital for about 10 days, thereafter had to use crutches, and received numerous therapy treatments to her knee. Her doctor states that no permanent injury was received. She is alleged to have been incapacitated for about 1 year, with monthly wage loss of $60. Doctor's bills approximated $100, and certain other miscellaneous expenses are alleged, but not clearly substantiated. It would appear that the sum of $950 is a reasonable settlement of the claim, and we so recommend. It should also be noted that this claim has heretofore been favorably considered by your committee on several occasions and passed the House last Congress, but for one reason or another it has not been enacted. There are attached hereto all material papers relating to the case. Hon. ED. M. IRWIN, TREASURY DEPARTMENT, Chairman, Committee on Claims, House of Representatives. DEAR MR. CHAIRMAN: Receipt is acknowledged of your letter of January 28, 1930, transmitting a copy of bill (H. R. 3364) authorizing and directing the Secretary of the Treasury to pay to Nell Mullen the sum of $950 in full settlement of all claims she may have against the Government for injuries alleged to have been sustained by her in the United States post office, Scranton, Pa., December 22, 1924. Copies of all papers on file here bearing on this case are enclosed in compliance with your request. From the information at hand, the Department is not in position to state whether the alleged injuries warrant the payment of so large an amount as pro posed in said bill and, following its customary practice in such cases, refrains from expressing an opinion as to the merits of the claim. H. R. 10462, Department records show that the following similar bill was introduced in A copy of this letter is enclosed for the use of your committee. A. W. MELLON, Secretary of the Treasury. SCRANTON, PA., March 14, 1925. Mr. MILTON W. LOWRY, Postmaster, Scranton, Pa. DEAR SIR: On December 22, 1924, while mailing a parcel-post package in the Scranton post office I slipped on the floor and broke my kneecap. I was compelled to remain in the hospital 5 weeks, and since being discharged I am obliged to go back to the hospital three times a week for treatment. I feel that the fall was due to the careless and negligent manner in which the floor was kept-it being covered with slush carried in from the outside which made the floor very slippery-and for this reason I think the Government should reimburse me for the pain, inconvenience, and expense to which I have been subjected. I thought it best to write to you to ascertain what the Post Office authorities would do before consulting an attorney. Very truly yours, Miss NELL V. MULLEN, Scranton, Pa. NELL V. MULLEN. SCRANTON, PA., March 19, 1925. MY DEAR MADAM: I was in receipt a few days ago of your letter in which you state that on December 22, 1924, you slipped on the floor of the lobby of the post-office building here and broke your knee cap, that you were obliged to have hospital treatment for several weeks, and are still receiving treatment from the hospital for the injury. I remember that the matter was brought to my attention at the time of the injury by Mr. Nealon who reported that he had talked with you about it. I do not think there is any provision of law under which you can enter suit against the Government. All Federal buildings are under the control of the Treasury Department, and if you would write to the head of that Department, The Honorable the Secretary of the Treasury, Washington, D. C., reciting all the facts in the case, I think he would give you instructions as to how to lay your claim before the proper authority, in case there is any bureau or office in which such a claim would be considered. I am sorry we cannot take care of this for you, but it should properly come from the complainant and not from this office. There have been instances where damages of similar nature have been recovered by action of Congress in favor of private individuals, on account of the fact that no recovery of damages could be made in any other way. The office of the Secretary of the Treasury will probably suggest some procedure. Yours very truly, Postmaster, Custodian of Federal Building. SCRANTON, PA., April 7, 1925. Miss NELL V MULLEN, Scranton, Pa. MADAM: This Department is in receipt of your letter of the 28th ultimo, stating that on December 22, 1924, while mailing a parcel-post package, you slipped on the floor of the lobby of the Scranton post office, breaking your kneecap. Your request is noted for compensation on account of the expense, inconvenience, and discomfort to which you were subjected. In reply, you are informed that while the Department regrets the injury to you, it has no appropriation under its control which is available for the payment of |