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We have done all we could to increase his salary and assist him, but obviously we could not do much toward the meeting of such bills as he has had. This blow of losing his son nearly broke him and his wife, both spiritually and financially. Therefore, after conference with Chancellor Hunter, I am happy to support, in any way that I can, his attempt to gain indemnification through the filing of a bill before the legislature. Respectfully yours,

DONALD M. ERB, President.

EUGENE, OREG., April 1, 1939. To Whom It May Concern:

This is to certify that I have been the family physician for W. P. Riddlesbarger, of Eugene, Oreg., since 1932. That I have known W. P. Riddlesbarger's late son, Billy, since the above-stated time and have on different occasions examined or treated him during that time. That prior to February 26, 1938, he had no serious illness or injury and that to the best of my knowledge he was a normal, healthy boy prior to that date. That on the afternoon of February 26, 1938, he was brought into my office with a fracture of the lower end of the humerus involving the elbow joint. There was marked deformity as well as swelling due to hemorrhage at the site of fracture when brought in almost immediately after the accident. This swelling made the maintainance of a complete and satisfactory reduction impossible at the time. I reduced the arm under anaesthesia as completely as possible at the time and applied immobilization.

I felt that this fracture was one that might be more than ordinarily difficult to get good results with. I, therefore, suggested to Mr. Riddlesbarger that the case be turned over to Dr. G. A. Ross, who gives special attention to fracture work, and is recognized in this community as being more than ordinarily competent in this field. This suggestion was carried out and Dr. Ross_took charge within the next day or two after the injury. From that time on I was not in close contact with the case, although I saw Billy occasionally and can attest that the treatment and management of the case by Dr. Ross was in every way proper and good.

To the best of my knowledge there was no preexisting or intervening illness or condition, not related to the fracture, which might have contributed as a cause to Billy Riddlesbarger's death.


County of Lane, 88: I, Carl H. Phetteplace, of Eugene, Oreg., being duly sworn, depose and say that I made the foregoing and attached statement and that I subscribed the same.

CARL H. PHETTEPLACE, M. D. Subscribed and sworn to before me this 1st day of April 1939. (SEAL]


Notary Public for Oregon. My commission expires December 29, 1942.

EUGENE, OREG. STATEMENT OF DR. GILSON Ross I, Gilson Ross, being first duly sworn, depose and say that I was called into the case of Wilbur Paul Riddlesbarger on February 28, 1938.

The injury consisted of a fractured arm at the elbow which was complicated by a large blood clot which later became infected. This subsequently healed and on May 14 the arm was manipulated to break down adhesions. The following day he passed away.

He was under my care almost daily from February 28 to May 15, 1938, and feel that his injury was a definite cause of his ultimate death occurring on May 15th.

GILSON Ross. Subscribed and sworn to before me this 1st day of April 1939. (SEAL)


Notary Public for Oregon. My commission expires on October 5, 1941.


INTO AN EXCAVATION Last spring I was washing my car in front of the place where I live at 1370 Emerald Street. It was about 3 o'clock on a Saturday afternoon in February 1938. I heard a boy crying in back of my house. I went there and saw the little Riddlesbarger boy crying. He was about 40 feet this side of a ditch which some men had been digging in the alley between Onyx and Emerald Streets. He was holding his arm as though it was injured. He said his arm was broken. I picked him up and started carrying him to the infirmary. He told me that he had fallen into the ditch. There was muddy dirt on his clothes which indicated he had fallen into the ditch.

There was a fence behind my residence but there was no fence along the alley behind the house between my residence (Nelson's residence) and the Riddlesbarger home on the corner. There was no pile of dirt or any fencing of any kind along the east side of this ditch. I frequently went to the university, to my classes there, by way of the alley. In so doing I would step across the ditch which was about 3 feet wide and 8 feet deep. There was no fencing along the sides of this ditch nor any boards over the ditch to keep persons from falling into it until after this accident. At the Thirteenth Street end of the alley there was a small sort of sawhorse to block the alley but persons could readily do as I lid, pass around the end of this.

The men digging this ditch and those in charge could not help but know there were children in these houses bordering on this alley as the Riddlesbarger children played around and others constantly played around in their yard and along the walks. Still this deep ditch was left open and practically unguarded for over a month before the accident happened. I remember as to this for my garage's only entrance was through this alley. STATE OF OREGON,

County of Lane, ss: I, Carlos Long, being first duly sworn depose and say that I have read the foregoing three pages of statement as to the accident involving the Riddlesbarger boy and that the statements therein contained are true as I verily believe.

CARLOS LONG. Sworn to and subscribed before me this 8th day of February 1939. (SEAL)


Notary Public for the State of Oregon. My commission expires December 29, 1942.


Eugene, Oreg., March 28, 1939. Hon. James W. Mott,

Washington, D. C. DEAR SIR: As a neighbor of Prof. W. P. Riddlesbarger at the time of the accident which later proved fatal to his small son, and as one whose property is adjacent to the alley through which the tunnel for the use of the university was being constructed, I can make the following statements concerning the safety measures taken during the excavation and construction.

At no time was there adequate protection that would prevent anybody from accidently falling into the tunnel. Part of the time, on the first section excavated south of Thirteenth Street, there was no barrier on the side next to my lot, and at the time of the accident, there were only two sawhorses placed at the end where lights were displayed at night, and the fence or barrier along the edge of the tunnel, for a short way, was only a stringer fastened to some unsubstantial upright pieces that would easily give way with very little pressure. At the rear of the lot

south of mine, which was also adjacent to the alley, there were no barriers or fences of any kind, along the tunnel. Very truly yours,


County of Lane, 88: I, Mrs. Marian P. Watts, of Eugene, Oreg., being duly sworn, depose and say that I made the foregoing and attached statement and that I subscribed the same.

MRS. MARIAN P. WATTS. Subscribed and sworn to before me this 24th day of March 1939. (SEAL)


Notary Public for Oregon. My commission expires on December 29, 1942.

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JUNE 5 (legislative day, May 28), 1940.-Ordered to be printed

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


[To accompany S. 4032]

The Committee on Claims, to whom was referred the bill (S. 4032) to provide for the reimbursement of Philip A. Penston, pharmacist's mate, first class, United States Coast Guard, for the value of personal and household effects lost and destroyed during the hurricane of September 21, 1938, at New London, Conn., having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

This bill, which was initiated by and introduced at the request of the Treasury Department, provides for the payment of $1,267 to Philip A. Penston, pharmacist's mate, first class, United States Coast Guard, in full satisfaction of his claim against the United States for the loss and destruction of his personal and household effects in the hurricane at New London, Conn., on September 21, 1938.

The records of the Department show that claimant's personal and household effects were destroyed while in the custody of the J. F. Sullivan Storage Co., New London, Conn., where they had been removed for packing and crating under a Coast Guard contract prior to shipment to Miami, Fla., his new permanent station. Claimant was being transferred under orders from Coast Guard headquarters dated August 29, 1938, to duty abroad the cutter Mojave at Miami.

Claimant carried no insurance on his personal or household effects and the insurance companies with whom the storage company carried liability insurance have refused settlement on the ground that the loss or damage incurred was the result of an act of God.

A board of investigation convened by Coast Guard Headquarters to review Mr. Penston's claim found the amount of such claim, $1,267, to be a reasonable and just estimate of the value of his effects at the time of loss.

The Acting Secretary of the Treasury states thatSince Mr. Penston was acting under orders, and pursuant to such orders had delivered his property into the custody of the Department's contractor for trans. portation and had no control over them at the time of their loss, it is the opinion

8. Repts., 76–3, vol. 3


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