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EXHIBIT 6

STATE OF SOUTH CAROLINA,

Fort Moultrie, ss:

Personally appeared before me, the undersigned authority, one Dr. R. J. Settle, York, S. C., who being duly sworn according to law, deposes and says in reply to questions the following answers:

Question. Did you see the accident?

Answer. No.

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Question. To what extent was Mr. Enloe injured?

Answer. He had a very severe compound fracture at elbow, almost an evulsion of arm at the elbow.

Question. Was Mr. Enloe under the influence of any intoxicating liquors or drugs at the time he was brought to your office?

Answer. No.

Question. Was any of the Civilian Conservation Corps boys that brought Mr. Enloe to your office under the influence of intoxicating liquors or drugs? Answer. No.

Question. Is there further information in regard to the accident that you would care to give at this time?

Answer. No.

Dr. H. J. SETTLE, York, S. C.

Sworn to and subscribed before me this 14th day of January 1937.

ROBERT S. BROWN, First Lieutenant, Infantry, CASC-B, Camp Adjutant.

EXHIBIT I. TRANSCRIPT OF TESTIMONY

STATE OF SOUTH CAROLINA,

Fort Moultrie, ss:

Personally appeared before me, the undersigned authority, one Mr. Joe Carroll, chief of police, York, S. C., who being duly sworn according to law, deposes and says in reply to questions the following answers:

DIRECT EXAMINATION

Question. Please state name, status, and address.
Answer. Mr. Joe Carroll, chief of police, York, S. C.

Question. Did you see the accident between 1928 Chevrolet coach, driven by Mr. S. T. Enloe, and United States Civilian Conservation Corps truck No. 33105, on January 9, 1937?

Answer. No, sir; I went out to the scene of the accident immediately after it happened on January 9, 1937, at about 6:30 p. m.

Question. When you arrived at the scene of the accident were tracks visible on the highway showing position of cars previous to and after wreck?

Answer. There were tracks visible which I could not swear were made by the Government truck although these tracks were on the inside of the black highway center line. Mr. Enloe's car was in a field on the left-hand side of the highway in the direction he was traveling-toward Rock Hill, S. C.

Question. What was the damage to Government truck?

Answer. None whatever, that I could see; there was a mark on the left-hand side of the cargo body of the truck showing where it had been struck and the outside rear tire on the left-hand side of the Government truck was bruised but not to such an extent that it was rendered unserviceable.

Question. What was the damage of Mr. Enloe's car?

Answer. Left front fender was bent, left front wheel was crushed, left door glass was broken, and running board was damaged.

NO CROSS EXAMINATION

Further deponent sayeth not:

JOSEPH H. CARROLL, York, S. C., Chief of Police.

Sworn to and subscribed before me this 3d day of August 1937.

LEWIE A. GRIFFITH,

Captain 155th Cavalry Brigade, President of the Board.

EXHIBIT J. STAtement, Covington's Garage, General Repair
NEW PORT, S. C., April 8, 1937.

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JUNE 5 (legislatlve day, May 28), 1940.—Ordered to be printed

Mr. BROWN, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 6095]

The Committee on Claims, to whom was referred the bill (H. R. 6095) for the relief of Wilbur P. Riddlesbarger and Josephine Riddlesbarger, 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. 2234, Seventysixth Congress, third session, which is appended hereto and made a part of this report.

[H. Rept. No. 2234, 76th Cong., 3d sess.]

The Committee on Claims, to whom was referred the bill (H. R. 6095), for the relief of Wilbur P. Riddlesbarger and Josephine Riddlesbarger, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Line 7, strike out the sign and figures "$5,000", and insert in lieu thereof "$2,500".

Line 7, strike out the words "their claim" and insert in lieu thereof "all claims". The purpose of the proposed legislation is to pay the sum of $2,500 to Wilbur P. Riddlesbarger and Josephine Riddlesbarger, of Eugene, Oreg., in full settlement of all claims against the United States on account of the death of their minor son, Wilbur Paul Riddlesbarger, Jr., who died on May 15, 1938, as the result of injuries received when he fell into a ditch left open and unguarded by the Work Projects Administration.

STATEMENT OF FACTS

In the latter part of January or early part of February 1938, the University of Oregon sponsored a Work Projects Administration project involving the running of a sewer line north from the men's dormitory. The work was done by Work Projects Administration workmen and the supervision was divided between Work Projects Administration and university representatives. A ditch was started in the alley just north of the heating plant of the university and a portion of same eventually was dug in the public alley running north and south between Thirteenth and Fourteenth Streets, and between Emerald and Onyx Streets, in Eugene, Oreg. This ditch was not protected by guard rails of any kind or any other safety device, in spite of the fact that a number of people used this alley, and that a number of children lived in the immediate neighborhood. Mr. Wilbur P. Riddlesbarger, assistant professor in the school of business administration at the university, lived with his family at 1310 Emerald Street, which property runs to the above-described alley.

At about 2 o'clock on Saturday afternoon, February 26, 1938, Mr. Riddlesbarger's son, Wilbur Paul (Billy), aged 8, and two other boys were playing in front of the Riddlesbarger home. Billy's sister, Susan, aged 5, was coming out of the front door and the three boys ran to hide from her. They ran to the back of the house, and as they neared the ditch above described, Billy apparently stumbled over a board of wood lying in the path, and fell head first into the ditch. As before stated, there was no barrier to prevent the child's falling into the ditch. Since it was Saturday afternoon, there were no workmen around. The screams of the other children brought a college student, Carlos Long, who found Billy walking away from the ditch into a neighboring yard. When brought to his home the child was unconscious.

Mr. Riddlesbarger and Mr. Long took the boy to Dr. Carl Phettleplace, his regular family physician, who found that he had a fracture of the lower end of the humerus, involving the elbow joint. There was a marked deformity as well as swelling due to hemorrhage at the site of the fracture. This swelling made the maintenance of a complete and satisfactory reduction impossible at the time. Dr. Phettleplace reduced the arm under anesthesia as completely as possible and applied immobilization. Dr. Phettleplace felt that this fracture was one that might be more than ordinarily difficult to get good results with, and he, therefore, suggested that the case be turned over to Dr. G. A. Ross, who is recognized as an expert in this field. Dr. Ross took over the case within the next day or two and subsequently the bones grew together. However, on May 13, an X-ray showed that these bones had grown stiff in a bent position, and Dr. Ross advised that it would be necessary to straighten the arm. On May 14, the child's arm was operated on, and that night he became irrational. The next morning he died.

Inasmuch as the University of Oregon was the sponsor of this project, the Legislature of the State of Oregon appropriated the sum of $763 to cover actual expenses incurred by Mr. and Mrs. Riddlesbarger through the sickness and death of their son.

The purpose of this proposed legislation is to compensate Mr. and Mrs. Riddlesbarger for their loss through the death of their son. Since the boy's death, both parents have been in very poor health continuously.

The Works Progress Administration in its report to your committee states in part as follows:

"As this Administration has not before it any original evidence concerning the facts, it is unable to make a recommendation on the bill. In the event that your committee recommends enactment of the legislation, based upon the evidence in its possession, this Administration would have no objection thereto."

Your committee does feel that the Government employees were grossly negligent in this instance, and in view of the above circumstances, it is the opinion of your committee that this legislation should be passed. It is recommended that the sum of $2,500 be paid to Mr. and Mrs. Riddlesbarger to compensate them for their great loss.

Appended hereto is the report of the Works Progress Administration, together with other pertinent evidence.

The Honorable AMBROSE J. KENNEDY,

WORKS PROGRESS ADMINISTRATION
Washington, D. C., June 8, 1939.

Chairman, Committee on Claims, House of Representatives.

MY DEAR MR. KENNEDY: On May 15, 1939, this Administration acknowledged receipt of your letter of May 12, 1939, enclosing copies of H. R. 6095, a bill for the relief of Wilbur P. Riddles barger and Josephine Riddlesbarger.

The report of the Administration is as follows:

The bill proposes to appropriate the sum of $5,000 to Wilbur P. Riddlesbarger and Josephine Riddlesbarger, of Eugene, Oreg., in full satisfaction of their claim against the United States on account of the death of their minor son, Wilbur Paul Riddlesbarger, Jr., who died on May 15, 1938, as the result of injuries received when he fell into a ditch left open and unguarded by Works Progress Administration employees.

This Administration is unable to ascertain definitely from the investigation conducted by its employees how the accident occurred. It is understood, however, that your committee has numerous affidavits and statements from witnesses concerning the facts surrounding the occurrence of the accident.

The legislature of the State of Oregon has appropriated the sum of $763 to cover actual expenses incurred by claimants.

As this Administration has not before it any original evidence concerning the facts, it is unable to make a recommendation on the bill. In the event that your committee recommends enactment of the legislation, based upon the evidence in its possession, this Administration would have no objection thereto.

Photostatic copies of pertinent papers from the files of this Administration are enclosed.

Sincerely yours,

Mr. WILLIAM E. LINDEN,

CORRINGTON GILL,
Assistant Administrator.

WORKS PROGRESS ADMINISTRATION OF Oregon,
Portland, Oreg., May 29, 1939.

General Counsel, Works Progress Administration, Washington, D. C.
DEAR MR. LINDEN: In response to your letter of May 23 in connection with
House Resolution 6095, a bill for the relief of Wilbur P. and Josephine Riddles-
barger, we have secured and transmit herewith the following:

(1) Affidavit by Carl H. Phettleplace, physician and surgeon, dealing with the physical impairment of W. P. Riddlesbarger.

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