finding of this Office that the Government driver's negligence was the sole and proximate cause of the accident resulting in damage to claimant's property. The claim is supported by estimates of damages to the bicycle in the amount of $21 and damage to clothing in the sum of $14, a total of $35, and covers only damages resulting from the accident. Since the act of December 28, 1922, provides only for loss of or damage to private property, the $5,000 claimed for personal injuries must necessarily be disallowed. Since the claimant states that the property damage was not covered by insurance, it is recommended that this claim be allowed in the amount of $35. Very truly yours, C. W. BOYLE, Assistant Solicitor. CIVILIAN CONSERVATION CORPS CAMP S-90, REPORT OF PROJECT SUPERINTENDENT C. H. MUCKENFUSS, IN REGARDS TO CLAIM OF P. W. ATKISON Re letter of H. I. Loving, May 22, 1939; letter of H. E. Marshall, June 5, 1939. Dr. L. W. Boggs was contacted in regards to his bill of $250 for setting fracture of Vernon Atkison's leg. Dr. Boggs stated that this was a double compound fracture of the femur bone with considerable loss of blood and danger of infection. That it was necessary to place and remove Stuman pin. That massage and other treatment were necessary later in the case. That bill submitted was reasonable. Attached is a copy of his letter. In regards to above an effort was made to contact Dr. J. W. White, bone specialist of the Shriners' Hospital for Crippled Children, but he was out of the city for several days. A statement from Dr. John E. Brown, first lieutenant, Medical Corps, who has been in the Greenville area for the past 3 years and is familiar with charges in this locality, states that charge of Dr. Boggs is reasonable. Statement of Dr. Brown is attached. As requested by Mr. Loving the family of Vernon Atkison was contacted and the statement made by his father, P. W. Atkison is attached. Below are listed numerically (to match Mr. Loving's numbered request) my personal opinion in regards to these items. These are merely opinions and cannot necessarily be proved or substantiated. 1. Hospital expenses were $158.50. Attached is itemized statement of the Greenville General Hospital. 2. Medical attention including doctor fees, ambulance fees, and drugs total $287.50. No future expenses anticipated, and I can see no reason for any. Vernon is apparently (and admittedly) fully recovered except for a sensitiveness at the point of fracture. He has no limp due to this fracture. 3. At the time of the accident, Vernon was delivering papers for the Greenville News. The News estimated his average earnings at $5.40 per week. He was off of this route from December 31, 1937, to August 15, 1938, a period of 321⁄2 weeks. This would total $175.50. Vernon delivered papers from August 15, 1938, to February 4, 1939. At this time his father stated he had to give it up, as it was too much strain on the boy. I think it is more likely that the boy stopped due to the cold weather or nervousness on the part of the parents while the boy was riding bicycle on paper route. 4. There is no doubt that Vernon was in considerable pain and discomfort, but Mr. Boggs states that this was no greater than in other average cases of this nature. 5. Mr. P. W. Atkison is certainly in poor financial condition. From his remarks I judge he owns his own home, which is small and decidedly unpretentious. He works on a day or hour basis for a textile plant. He refused to estimate his probable earnings during the past year and a half or for the coming summer. Without making definite guess, I would judge his earning capacity to be low. 6. Vernon lost 1 year in school due to the accident. At the present time he is working during vacation at Sears, Roebuck in Greenville at $0.25 per hour. His father states that Vernon does not wish to return to school next year, as all his friends are in the class above him. There was no insurance applicable to this accident. See statement of P. W. Atkison which is attached. Respectfully submitted. C. H. MUCKENFUSS, To: FLETCHER JORDAN, M. D.; J. M. FEWELL, M. D.; W. S. FEWELL, M. D.; THOMAS PARKER, M. D.: For professional services rendered Vernon Atkison_.. M. P. W. ATKISON, Greenville, S. C. To: Dr. T. B. REEVES, Dr. L. W. BOGGS: Professional services rendered Vernon Atkison (treatment compound fracture upper third right femur).... O $20 $250 76TH CONGRESS 3d Session } SENATE { REPORT No. 1799 TRANSFERRING THE ORGANIC ACT OF THE UNITED STATES CUSTOMS COURT TO THE JUDICIAL CODE JUNE 10 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. CHANDLER, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 3990] The Committee on the Judiciary, to whom was referred the bill (S. 3990) to transfer the essential language of section 518, title IV, of the Tariff Act of 1930, approved June 17, 1930, into the Judicial Code of the United States and to provide for its reenactment as part of said Judicial Code, to take effect from the date of its passage, including the allowance to the judges of the United States Customs Court, Government counsel, and stenographic clerks as set forth therein for traveling expenses incurred for maintenance while absent from New York on official business and to repeal all acts inconsistent therewith to the extent of such inconsistency, and for other purposes, report the same favorably to the Senate with the recommendation that it do pass. The purpose of the bill is to transfer the language organizing the United States Customs Court to the Judicial Code, where it properly should be. By reenacting the organic law, the same benefits would be accorded to the officials of the court as were accorded to district judges under Public Law No. 469, approved April 22, 1940, as to travel and subsistence expenses. It is the opinion of the committee that a court of such long standing and of such high reputation as our Customs Court should be thus accorded the same treatment and dignity as the district courts. о 761H CONGRESS 3d Session } SENATE { REPORT No. 1800 AUTHORIZING DONATION OF A LOG HOUSE TO BOY SCOUTS OF ASHLAND, KY. JUNE 10 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. CHANDLER, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 4090] The Committee on the Judiciary, to whom was referred the bill (S. 4090) to authorize the Attorney General to donate on behalf of the United States to H. S. Scott, D. W. Collins, Fred M. Gross, trustees, Ashland District Council, Boy Scouts of America, the log house known as the John Secrest home, located on the site of the Federal Correctional Institution near Ashland, Ky., after consideration, report the same favorably to the Senate with the recommendation that it do pass. The old log house which the bill deals with is the property of the Government, by reason of being located on the site of the Federal Correctional Institution near Ashland, Ky., but was formerly the home of John Secrest, one of the first Kentucky scoutmasters and a pioneer in the Boy Scout movement. As there is reason to believe that it might soon be destroyed in the erection of new buildings, and as it is of no value to the Government, it is the opinion of the committee that the Boy Scouts should have the right to take it over and remove it to wherever they see fit. о |