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AFFIDAVIT

STATE OF COLORADO,

City and County of Denver, ss:

Alfred L. Barnholtz, of lawful age, being first duly sworn upon his oath deposes and says: That he was employed by the Post Office Department as a carrier from 1907 to 1921; that his health broke down and caused him to leave the service; that he did not have any knowledge during the time of his service that the Compensation Act had been passed by Congress; that even though the officials of the Post Office Department knew Albert L. Barnholtz was leaving the service because of tuberculosis the officials nor any other person made known to your affiant that such a law was on the statute books and your affiant did not know until the latter part of 1936 that such a law existed; that he would have filed his claim for compensation sooner if he had known of such a law; that all of the delay in filing said claim was caused by ignorance on the part of your affiant as to his rights; that your affiant has always known that his condition was caused by his employment and not by anything he had done.

Witness my hand at Denver, State of Colorado, this 14th day of February A. D. 1939. ALBERT L. BARNHOLTZ, Affiant. Subscribed and sworn to before me this 14th day of February A. D. 1939. [SEAL] RICHARD E. BISHOP, Notary Public.

My commission expires April 9, 1942.

To Whom It May Concern:

DENVER COLO., November 1, 1937.

This is to certify that Albert L. Barnholtz has been under my care since January 1924. He has a very active pulmonary tuberculosis which is progressing to an unsatisfactory degree. At various periods he has been in the sanitarium; but at the present he is up and around but unable to work more than 2 or 3 hours a day. ELI NELSON, M. D.

Subscribed and sworn to before me this 1st day of November A. D. 1937. [SEAL] RICHARD E. BISHOP, Notary Public.

My commission expires April 10, 1938.

DENVER, COLO., February 7, 1938.

Mr. A. L. Barnholtz,

1034 East Colfax Avenue, Denver, Colo.

MY DEAR MR. BARNHOLTZ: With further reference to your application for benefit of the Retirement Act due to sickness incurred in the Postal Service. I wish to add this additional information.

Following the Post Office Department's instructions to supply transportation to carrier routes over one-half mile from the office, you were allowed street-car tickets for that purpose. The greater part of your route was outside the half-mile limit. However, a small part of your route was inside this limit, and due to a shortage of funds, you were frequently forced to walk to your route and carry all of your first-class and insured mail, the rest being relayed by truck.

Yours very truly,

EUGENE J. O'CONNELL, Assistant Superintendent of Mails, Retired

STATE OF Colorado,

City and county of Denver, ss:

William A. Higgins, of lawful age, being first duly sworn upon his oath deposes and says: That he is a retired postman and that he became acquainted with Albert L. Barnholtz in 1907, when Mr. Barnholtz was appointed a carrier at the old post-office building in Denver, Colo., and that after the removal of the post office to its new building the cases of the undersigned and Mr. Barnholtz were side by side from 1916 to 1920. That it came to the attention of the undersigned that

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Mr. Barnholtz complained to Mr. Kelly, carrier foreman, that he (Barnholtz) was not physically able to carry his load to the Hotel Savoy at Seventeenth and Broadway Streets, Denver, Colo., and asked Mr. Kelly to have same delivered there by truck which Mr. Kelly did. This happened in 1918 and continued until Mr. Barnholtz took sick leave. Up to this time Mr. Barnholtz was an excellent carrier and had never so far as the undersigned knew asked for help. I have first-hand information as to Mr. Barnholtz's condition because of the close working conditions in the office. I know that Mr. Barnholtz began to fail in health in 1918 while he was a regular postman for the Government and has never recovered therefrom. WILLIAM A. HIGGINS. Subscribed and sworn to before me this 2d day of December A. D. 1937. [SEAL] RICHARD E. BISHOP, Notary Public.

My commission expires April 10, 1938.

STATE OF COLORADO,

City and County of Denver, ss:

Francis J. Carlin, of lawful age being first duly sworn upon his oath deposes and says: That during 1918, 1919, and 1920 he was the parcel-post carrier for the Post Office Department and his route covered deliveries to the Savoy Hotel, Seventeenth and Broadway Streets, Denver, Colo., and that Mr. Kelly, carrier superintendent, directed him to take the second- and third-class matter on Mr. Barnholtz' route and leave the same at the Savoy Hotel for Mr. Barnholtz. This practice continued through the years 1918, 1919, and 1920 until Mr. Barnholtz took sick leave. I was told by Mr. Kelly that Mr. Barnholtz was not physically able to carry this load to the Savoy Hotel, a distance of some five blocks from the post office. From my observation of Mr. Barnholtz at that time I can say that he was a sick man and am certain his condition was caused by the heavy work placed upon him while in the employ of the Government.

Witness my hand at Denver, Colo., this 3d day of December A. D. 1937.
FRANCIS J. CARLIN.
Subscribed and sworn to before me this 3d day of December A. D. 1937.
[SEAL]
RICHARD E. BISHOP,

My commission expires April 10, 1938.

Notary Public.

DENVER, COLO.

Certificate of medical attendance, Albert L. Barnholtz

In re the above-captioned case, Albert L. Barnholtz, was under my professional care, suffering from influenza, in June 1918 and a relapse in July and August 1918.

F. H. WEISS, M. D.

Subscribed and sworn to before me this 27th day of November A. D. 1937. [SEAL] RICHARD E. BISHOP, Notary Public.

My commission expires April 10, 1938.

STATE OF COLORADO,

City and County of Denver, ss:

John Leffler, of lawful age, being first duly sworn upon his oath, deposes and says: That he was the manager of Queen City Tire & Rubber Co., 215 Sixteenth Street, Denver, Colo., from the 13th day of June, A. D. 1918, to the 1st day of December, A. D. 1921, and during most of that time Mr. Albert L. Barnholtz was the postman on the postal route that took in 215 Sixteenth Street, Denver, Colo., and it came to my attention that Mr. Barnholtz had to stop in the store quite often and rest before he could continue on his route, and this was more noticeable during the months of November and December 1918 and in January 1919. It was very noticeable that Mr. Barnholtz was a sick man during the above period, and I remember on one occasion that Mr. Barnholtz had to have the attention of a doctor before he was able to finish his route.

Witness my hand this 1st day of December, A. D. 1937, at Denver, State of
Colorado.
JOHN LEFFLER.

Subscribed and sworn to before me this 1st day of December, A. D. 1937.
My commission expires April 10, 1938.
[SEAL]

RICHARD E. BISHOP, Notary Public.

DENVER, COLO., December 6, 1937.

COUNTY OF DENVER,

State of Colorado:

To Whom It May Concern:

This is to certify that I have examined Albert L. Barnholtz on two occasions; once January 10, 1920, and again on March 20, 1920.

Physical examination the first time revealed a general run-down condition, with signs suggesting pulmonary tuberculosis. My examination on March 20, 1920, showed his condition more pronounced than the first examination. The patient was advised complete rest and absence from work.

R. SCHACHET, M. D.

Subscribed and sworn to before me this 6th day of December 1937. [SEAL]

My commission expires May 16, 1938.

Hon. LAWRENCE LEWIS, M. C.,

Washington, D. C.

MAUDE LA VELLE, Notary Public.

DENVER, COLO., February 12, 1938.

DEAR SIR: As a supplement to my statement of December 6, 1937, I wish to add that, in my opinion, the exposure to which Mr. A. L. Barnholtz was subjected and the constant weight of bags compressing his chest prevented in a large measure his recovery of his already weakened condition.

To Whom It May Concern:

R. SCHACHET, M. D.

CHAMBERS, DISTRICT Court, DENVER, COLO., November 26, 1937.

I have known Mr. Albert L. Barnholtz for the past 27 years. My first acquaintance with him was when he was a letter carrier in the district where I was engaged in business. I knew him also during the years that he left the Government service and was connected with the Nash Co. During my period of acquaintanceship with him I have always found him to be a man of truth, honor, and honesty, and know of my own knowledge that he bears an excellent reputation in this community. During this period I do not know of him having any vicious habits, and always found him a sober and industrious citizen.

Very truly yours,

To Whom It May Concern:

JOSEPH J. WALSH.

DENVER, COLO., November 24, 1937.

The undersigned, C. B. Watkins, was employed in the Denver, Colo., post office from April 9, 1899, to November 30, 1936, and between July 22, 1910, and September 1, 1930, had more or less direct supervision of the letter-carriers and as such personally knew Albert L. Barnholtz. He was known to me as an efficient carrier. His separation from the service was made necessary by reason of disability incurred during his period of service. The fact that a physical examination was required by the Civil Service Commission for entrance in the carrier service, would indicate that his health was good on entering. The exposure to the

weather and nature of his duties were undoubtedly contributory, if not the sole causes of his disability.

C. B. WATKINS.

ELLEN C WITTER,

Notary Public.

Subscribed and sworn to before me this 24th day of November 1937. [SEAL]

My commission expires September 20, 1941.

To Whom It May Concern:

DENVER, COLO., November 30, 1937.

November the 1st, 1914, I was promoted to the position of foreman of carriers; a part of my duties was checking and readjusting carrier routes. In this capacity I became well acquainted with Mr. Albert L. Barnholtz, a carrier in the Denver office.

He was a very capable and efficient employee and in my opinion was rated 100 percent. His work was satisfactory until the summer of 1918 when due to sickness he was compelled to be off duty frequently. This continued for some time when he was forced to resign on account of being unable to perform useful and efficient service.

STATE OF COLORADO,

EUGENE J. O'CONNELL, Assistant Superintendent of Mails, Retired.

City and County of Denver, ss:

I, Fred M. Mazzulla, a notary public in and for said county in the State aforesaid, do hereby certify that Eugene J. O'Connell, personally known to me to be the person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed, and this is his free and voluntary act and deed, for the uses and purposes therein set forth. Given under my hand and seal this 30th day of November 1937. [SEAL]

My commission expires February 27, 1941.

FRED M. MAZZULLA,

Notary Public.

о

76TH CONGRESS 3d Session

SENATE

{

REPORT No. 1737

BOLINROSS CHEMICAL CO., INC.

JUNE 3 (legislative day, MAY 28), 1940.-Ordered to be printed

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

following

REPORT

[To accompany H. R. 8868]

The Committee on Claims, to whom was referred the bill (H. R. 8868) conferring jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claim of the Bolinross Chemical Co., Inc., having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amend

ments:

On page 1, line 7, strike out the words "alleged unlawful".
On page 2, line 2, after the word "on", insert "or about".

An identical Senate bill was favorably reported to the Senate on April 25, 1940.

The facts are fully set forth in Senate Report No. 1512, Seventysixth Congress, third session, which is appended hereto and made a part of this report.

[S. Rept. No. 1512, 76th Cong., 3d sess.]

The Committee on Claims, to whom was referred the bill (S. 3590) conferring jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claim of the Bolinross Chemical Co., Inc., having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendments:

On page 1, line 7, strike out the words "alleged unlawful".

On page 2, line 2, after the word "on" insert "or about".

The purpose of the bill is to authorize the Court of Claims to hear the claims of the Bolinross Chemical Co., Inc., and to render judgment for any damages and losses which the said chemical company suffered as a result of the raid on its plant in Newark, N. J., by prohibition agents on or about February 20, 1929.

Claimant company was incorporated under the laws of New Jersey on April 25, 1927, to take over assets of a bankrupt chemical company at 12-22 Orange

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