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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

REPORT

[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

S. Repts., 76–3, vol. 3.

--89

of the Department that he should not be called upon to bear the expense of replacing such effects. The attached proposed bill has therefore been prepared for his relief and its enactment is recommended.

The letter of the Acting Secretary of the Treasury is appended hereto and made a part of this report, as follows:

TREASURY DEPARTMENT,

Washington, May 18, 1940. The PRESIDENT OF THE SENATE,

SIR: There is transmitted herewith a draft of a proposed bill 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.

Philip A. Penston'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. Mr. Penston was being transferred under orders from Coast Guard headquarters dated August 29, 1938, to duty aboard the cutter Mojave at Miami.

Mr. Penston 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.

Since Mr. Penston was acting under orders, and pursuant to such orders had delivered his property into the custody of the Department's contractor for transportation and had no control over them at the time of their loss, it is the opinion of the Department that he should not be called upon to bear the expense of replacing such effects. The attached proposed bill has therefore been prepared for his relief and its enactment is recommended.

It will be appreciated if you will lay the attached bill before the Senate. A similar bill has been transmitted to the Speaker of the House of Representatives. Very truly yours,

HERBERT E. GASTON, Acting Secretary of the Treasury.

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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

REPORT

(To accompany H. R. 3964)

The Committee on Claims, to whom was referred the bill (H. R. 3964) for the relief of H. S. Wayman, 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. 2226, Seventy-sixth Congress, third session, which is appended hereto and made a part of this report.

H. Rept. No. 2226, 76th Cong., 3d sess.) The Committee on Claims, to whom was referred the bill (H. R. 3964) for the relief of H. S. Wayman, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass.

The amendments are as follows:
Line 3, strike out the word "is” and insert in lieu thereof “be, and he is hereby,”.

Line 6, strike out the sign and figures “$348.05” and insert in lieu thereof "$347.75".

At the end of the bill add: ": 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.”

The purpose of the proposed legislation is to pay to H. S. Wayman, of Oak Grove, Mo., the sum of $347.75. Such sum represents the actual amount of expenses incurred by the said H. S. Wayman in connection with the hospitalization of his son, Donald S. Wayman, aviation machinist's mate third class, United States Navy, at the Research Hospital, Kansas City, Mo., from July 21, to July 28 1937.

STATEMENT OF FACTS

According to the records of the Navy Department, Donald S. Wayman, aviation machinist's mate third class, while attached to the Fleet Air Detachment, Squadron VS-42, Naval Air Station, San Diego, Calif., was granted leave of absence for the period July 2 to August 1, 1937.

On July 18 Donald Wayman was taken ill, at Oak Grove, Mo. Mr. H. S. Wayman, father of the seaman, contacted the local naval recruiting station and the medical officer of the station and immediately attempted to have Wayman admitted to the hospital of the nearby army post at Fort Leavenworth. Wayman was suffering from a peculiarly contagious disease, poliomyelitis (inflammation and wasting of the gray matter of the spinal cord), and permission was not granted for him to enter the Army hospital until July 29. On July 21 Donald Wayman was taken to the Research Hospital, Kansas City, Mo., for treatment under the care of civilian physicians, at which hospital he remained until July 29 when he was admitted to the Army hospital. He is still being hospitalized as a patient of the Veterans' Administration, and presumably will be permanently and totally incapacitated.

In having his son receive treatment through other than Government facilities,
Mr. H. S. Wayman incurred expenses in the amount of $347.75, computed as
follows:
Research Hospital.

$90. 75 Dr. Carl R. Ferris..

100. 00 Dr. C. L. Francisco.

10. 00 Nursing services..

147. 00 Total.---

347. 75 A claim for this amount was submitted to the General Accounting Office, but this was disallowed because "enlisted men of the Navy are not entitled to civilian medical and hospital treatment while on leave of absence."

However, as stated in the Navy Department's report, "it appears that every reasonable effort was made to get him into a Federal hospital by the boy's father.' The Navy Department recommends enactment of the proposed legislation.

In view of the above circumstances, it is the opinion of your committee that Mr. Wayman should be reimbursed in the amount of $347.75, and append hereto the report of the Navy Department and other pertinent evidence.

NAVY DEPARTMENT,
OFFICE OF THE SECRETARY,

Washington, June 21, 1939. The CHAIRMAN, COMMITTEE ON CLAIMS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill H. R. 3964, for the relief of H. S. Wayman, was referred to the Navy Department by your committee with a request for an opinion as to its merits.

The purpose of the proposed legislation is to pay to H. S. Wayman, Oak Grove, Mo., $348.05. The bill sets forth that this sum represents the actual amount of expenses incurred by H. S. Wayman in connection with the hospitalization of his son, Donald S. Wayman, at the Research Hospital, Kansas City, Mo., from July 21, 1937, to July 28, 1937, both dates inclusive.

The bill contains the further statement that the said Donald S. Wayman, aviation machinist's mate third class, United States Navy, was taken ill while on leave of absence, but was not granted admission to United States Army Hospital, at Fort Leavenworth, Kans., until July 29, 1937.

The records of the Navy Department show that Donald S. Wayman, aviation machinist's mate third class, while attached to the Fleet Air Detachment, Squadron VS-42, Naval Air Station, San Diego, Calif., was granted leave of absence for the period July 2 to August 1, 1937. On the 18th of July he was taken ill, presumably at Oak Grove, Mo., and on July 21 was admitted to Research Hospital, Kansas City, Mo., for treatment under the care of civilian physicians. The patient was first seen by the medical officer of the Navy Recruiting Station, Kansas City, Mo., at 3 p. m. on July 21, who stated that he tendered his services, but not being a member of the staff of the hospital, they were not accepted.

The officer in charge of the Navy recruiting station stated that on July 21, 1937, he called the Army hospital at Fort Leavenworth, requesting admission of Wayman, permission for which was first given and then refused. Admission to the Army hospital was finally effected on July 29, 1937.

The personnel of the Navy and Marine Corps generally are instructed that, when they go on leave and become ill or are injured, they should apply to the nearest naval post or station, if practicable, or to the nearest Government medical facility for necessary treatment. In this case contact was made by the father

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