STATE OF INDIANA, Montgomery County, ss: [State Warrant] The State of Indiana to Any State Police Officer, Montgomery County, Ind.: You are hereby commanded to arrest Oliver Morgan and bring him forthwith before me at my office, to answer to the charge of having on or before the 24th day of June 1938, in said county and State, then and there operated a motor vehicle in a reckless and dangerous manner so as to endanger the life, limb, and property of persons using the highway, as James J. Gilliland has complained on oath, and have then and there this writ. Dated this 8th day of July 1938. [SEAL] BEN C. CANINE, Came to hand July 8, 1938, and I have executed the same by arresting the within-named defendant and have his body in court this 8th day of July 1938. JAMES J. GILLILAND, State Police Officer. This is an exact copy of the records in my file. [SEAL] BEN C. CANINE, [H. R. 6819, 76th Cong., 1st sess.] A BILL For the payment of claims of the Fidelity Trust Company of Baltimore, Maryland, and others Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of Internal Revenue be, and he is hereby, authorized and directed to receive, consider, and adjudicate claims for refund of the bankers' special tax paid under the Acts of June 13, 1898, and October 22, 1914, in view of the decision of the Supreme Court of the United States in the case of Fidelity and Deposit Company against United States (259 U. S. 296) and the United States against Fidelity and Deposit Company (266 U. S. 587), and in accordance with the agreement made March 3, 1925, between the Attorney General and the Secretary of the Treasury as a basis for settlement of such claims: Provided, That this Act shall only apply to claims for refund filed prior to the passage of this Act. SEC. 2. That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to such claimants any amount due and allowed in the determination of any such claims which shall have been presented in accordance with this Act. о JUNE 5 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. CAPPER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 6553] The Committee on Claims, to whom was referred the (bill H. R. 6553) for the relief of the Pennsylvania State College, 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. 1871, Seventy-sixth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 1871, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 6553) for the relief of Pennsylvania State College, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 6, strike out the sign and figures "$5,000" and insert in lieu thereof "$625.93". The purpose of the proposed legislation is to pay the sum of $625.93 to the Pennsylvania State College in full satisfaction of its claim against the United States Government arising out of loss and damages to property held under a 10-year lease by the Pennsylvania State College, which property was occupied by the Civilian Conservation Corps. STATEMENT OF FACTS Pennsylvania State College was the lessee of the larger portion of the premises occupied by Civilian Conservation Corps Camp S-59-Pa., at McAlvey's Fort, Pa., from May 6, 1933, to October 31, 1935. This camp site was occupied under the authority of the owner, the Commonwealth of Pennsylvania, Department of Forests and Waters. When Civilian Conservation Corps Company No. 308 first occupied this property, the college authorities objected, on the grounds that such occupancy prevented the college from using it as a camp for nature study during the summer months. Shortly after this, however, the college withdrew its objection and further cooperated to the extent of allowing the Civilian Conservation Corps to use some of its equipment. At the time the camp site was first occupied by the Civilian Conservation Corps, there were located thereon a residence and barn owned by the State of Pennsylvania, but leased to the college. There were also 16 small cabins and several out-buildings on the premises which were erected by and belonged to the college. In addition to this, there was considerable miscellaneous equipment of the college stored on the camp site, some of which was removed by the college, and some of which was left there for use by the Civilian Conservation Corps camp. Some other college equipment was left at the site with the understanding that it was not to be used by the Civilian Conservation Corps. The college claimed that as a result of the occupancy of their land by the Civilian Conservation Corps, certain equipment was lost or destroyed and other buildings and property on the site were damaged. However, the State of Pennsylvania, owner of the property in question, released the United States from liability for damages to the buildings and grounds leased to the college, and, therefore, this portion of the claim was disallowed when presented to the War Department, and is also disallowed by your committee. However, there were various items, constituting college equipment, which were either lost or destroyed by the Civilian Conservation Corps, and these should be paid for by the United States. These items and their values are as follows: (a) For replacement of pipes and fittings in shower room.. $16.00 (b) For damages to cabins owned by the Pennsylvania State College.. (c) For damages to cooking range.. 80.00 12.00 (d) For damages to oil stove.... 8.00 (e) For damages to large water ram with fittings... 20.00 (f) For 200 feet of 2-inch water pipe with connections at $21.40 per 100 feet... 42. 80 (g) For 1,800 feet of 11⁄4-inch water pipe with connections, at $15.91 per 100 feet__ 268. 38 (h) For damages to 1 large refrigerator-- 25. 00 (i) For drainboards, faucets, and fittings for kitchen sink. 10. 00 35.00 18.00 (j) For 1,000 feet of lumber.. (k) For oil cloth used on tables and shelves. (1) For 4 shower heads at $4 each____ (m) For 5 Yale spring locks at $2 each (n) For 21 screen doors at $1.75 each. (0) For 1 cord of wood___. Total_ 16. 00 10.00 36. 75 10. 00 625. 93 With the amendment of the amount involved to $625.93, the War Department recommends the enactment of the proposed legislation, and your committee also recommend the passage of the bill. Appended hereto is the report of the War Department, together with the enclosures which will be referred to in the War Department's report, as well as other pertinent evidence. Hon. AMBROSE J. KENNEDY, WAR DEPARTMENT, Washington, August 3, 1939. Chairman, Committee on Claims, House of Representatives. DEAR MR. KENNEDY: Careful consideration has been given to H. R. 6553, a bill "For the relief of the Pennsylvania State College" which was transmitted to the War Department under date of July 14, 1939, with the request for a report and copies of papers material to the facts and decision on the bill. The facts in the case are set out in the report of the Real Estate Claims Board, Office of the Quartermaster General, dated February 8, 1937, among the papers inclosed herewith, which recommend payment in the amount of $625.93, representing the value of miscellaneous equipment of the Pennsylvania State College stored on its leased property at McAlvey's Fort, Pa. These items of equipment were either lost or damaged during the occupation of the premises by Civilian Conservation Corps Camp S-59-Pa. The claim in question was disallowed by the General Accounting Office as shown in settlement certificate dated October 26, 1937, copy of which is inclosed. Copy of proceedings of a local board of officers which investigated this claim is also furnished herewith. As more specifically appears from the papers herewith, the property held under lease by the Pennsylvania State College from the Commonwealth of Pennsylvania was occupied by the Three Hundredth and Eighth Company of the Civilian Conservation Corps during the period from May 6, 1933, to October 31, 1935. It being the policy to locate Civilian Conservation Corps camps on State-owned land when the work to be performed will benefit the State land, the Civilian Conservation Corps camp was located on the premises in question under authority of the department of forests and waters, Commonwealth of Pennsylvania. There was no written lease or agreement covering the use and occupation of these premises by the Civilian Conservation Corps. There was some objection, at first, by the authorities of the Pennsylvania State College to that portion of the camp site under lease to the college being used by the Civilian Conservation Corps, as such use prevented the college from using it as a camp for nature study during the summer months. Shortly thereafter the college withdrew its objection and further cooperated to the extent of permitting the Civilian Conservation Corps camp to use some of its equipment. It is for damages to its equipment thus loaned and other alleged damages to the buildings and grounds occupied by the Civilian Conservation Corps camp that the college submitted a claim for $5,105.12. The papers herewith, however, show that the Department of Forests and Waters, Commonwealth of Pennsylvania, released the Civilian Conservation Corps and the Pennsylvania State College from any monetary responsibility for any damages sustained to buildings and grounds occupied by Civilian Conservation Corps Camp S-59-Pa., for which reason items for damage to buildings and grounds were disallowed by the War Department. Certain buildings and other improvements erected by the Civilian Conservation Corps on the premises in question were left on the premises. The value of the buildings and improvements left on the premises by the Civilian Conservation Corps is greater than the alleged damages to the building and improvements located on the premises at the time the Civilian Conservation Corps was placed in possession thereof. The War Department recommends that the amount "$5,000" appearing on line 6 of said measure be changed to "$625.93" to cover the value of the items of equipment only of the Pennsylvania State College, which, as above set forth, were on the premises when first occupied by the Three-hundred-and-eighth Company of the Civilian Conservation Corps, and that H. R. 6553 as so changed be enacted into law. Sincerely yours, LOUIS JOHNSON, Acting Secretary of War. WAR DEPARTMENT,' OFFICE OF THE QUARTERMASTER GENERAL, Washington, February 8, 1937. The Pennsylvania State College, State College, Pa., vs. The United States. Claim No. 345 The Board proceeded to the consideration of the claim of the Pennsylvania State College, State College, Pa., for the payment of $5,105.12 on account of damages to its buildings and property by the United States in the operation of Civilian Conservation Corps Camp S-59-Pa., McAlevy's Fort, Pa., during the period May 6, 1933, to October 31, 1935. STATEMENT OF FACTS The land occupied by Civilian Conservation Corps camp S-59-Pa. is owned by the State of Pennsylvania. The greater portion of this camp site is under lease to the Pennsylvania State College for use as a Nature Study Camp (exhibit K). On the premises leased to the Pennsylvania State College are located a house and barn owned by the State. In addition to these structures there are 16 small cabins and several out-buildings on the premises which belong to the Pennsylvania State College. It being the policy to locate Civilian Conservation Corps camps on State-owned land when the work to be performed will benefit the State land, the Three Hundred and Eighth Company of the Civilian Conservation Corps occupied this camp site on May 6, 1933, under authority of the Department of Forests and Waters, Commonwealth of Pennsylvania. Shortly after this site was occupied by the Civilian Conservation Corps the authorities of the Pennsylvania State College objected to that portion of the camp site under lease to the college being used by the Civilian Conservation Corps, as such use prevented the college from using it as a camp for nature study during the summer months. However, on May 23, 1933, the Pennsylvania State College withdrew the objection (exhibit V). Also the Pennsylvania State College may be said to have more formally authorized the occupancy of the camp site when it accepted a receipt on June 1, 1933, from the commanding officer of the Civilian Conservation Corps camp for the camp site. and certain buildings, improvements, and miscellaneous property thereon. This receipt stipulated that "such damages to the sites as open ditches, latrine pits, garbage pits, etc., shall be repaired and the property placed as nearly as possible in its original conditions before site is vacated by the Three Hundred and Eighth Company" (exhibit L). Upon the occupancy of the premises by the Three Hundred and Eighth Company, Civilian Conservation Corps, no inventory of college-owned property located on the camp site was made by the Army personnel nor by representatives of the college. On or about June 1, 1933, the college representatives removed from the camp site certain college-owned equipment, but left some of its equipment on the premises, being advised by the Civilian Conservation Corps camp officers that it was unnecessary to remove any equipment which was stored in locations not open to the Civilian Conservation Corps. The various officers in charge of the Civilian Conservation Corps camp signed a receipt to the Pennsylvania State College for certain property loaned to the Civilian Conservation Corps (exhibits D, L, and AA). In addition to the property loaned and receipted for, the college authorities contend that it had still other miscellaneous equipment stored on the camp site which was supposed to remain locked up, and it was not intended that this equipment should be used by the Civilian Conservation Corps. However, the Pennsylvania State College claims that 58 items of this miscellaneous equipment were used by the Civilian Conservation Corps, and were either damaged, lost, or otherwise unaccounted for (exhibit KK). The claim also alleges certain damages to the buildings and improvements which were on its leased premises at the time the Civilian Conservation Corps occupied the site. In the report of proceedings of a board of officers which investigated this claim, it was found that no definite knowledge could be determined to prove the presence in the camp or use by the Civilian Conservation Corps of 27 of these items. As to 15 of these items it was found that they were either not used or damaged by the Civilian Conservation Corps, or were located and accounted for, or similar property was left in their stead as replacements. It was found that 16 of these items were used or damaged by the Civilian Conservation Corps and should be paid for by the United States. The Pennsylvania State College estimates that it will cost $3,325.14 to restore the buildings and improvements which were on its leased premises, to the same condition existing at the time of original occupancy by the Civilian Conservation Corps. With reference to this portion of the claim the board of officers, after taking into consideration the salvage value of the poperty and the value of repairs and restoration made by the Civilian Conservation Corps, estimates that the actual damage to the buildings is $96 (exhibit SS). Exhibit QQ is a release from State of Pennsylvania, relieving the Civilian Conservation Corps and the Pennsylvania State College from any monetary responsibility for damages sustained to its buildings and grounds leased to the Pennsylvania State College which occurred during the occupancy of this camp by the Civilian Conservation Corps. Exhibit MM is a statement, dated June 9, 1936, that it is planned by the Pennsylvania State College to continue the operation of its nature study camp on this camp site in accordance with its lease of May 21, 1931, from the Department of Forests and Waters of the State of Pennsylvania, and that negotiations are in process with the Department of Forests and Waters of the State of Pennsylvania, for the use of the buildings erected on this site by the Civilian Conservation Corps during its occupancy of the premises. Exhibit NN is a statement from the Department of Forests and Waters of the State of Pennsylvania that the buildings erected by the Civilian Conservation Corps at Camp C-59-Pa. have been turned over to that department for its use and the Pennsylvania State College has been notified that the department is willing to turn the buildings over to the college for the use of its nature study camp |