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4. All investigations conducted by the United States Army and Indiana State police officials proved conclusively that the driver of the truck was to fault for the accident.

WILLIAM E. SEARCH. Subscribed and sworn to before me this 29th day of July 1939. (SEAL)

Theo. N. JOHNSON, Notary Public. My commission expires September 10, 1942.

JULY 29, 1939. Subject: Wreck involving William E. Search's car and Civilian Conservation

Corps camp truck, about 1 mile north of Waveland, Ind., 9 a. m., June 24, 1938.

1. I, Harry Machledt, operator of local undertaking business and ambulance service in and about Waveland, Ind., was called to the scene of this wreck immediately.

2. My observations, position of cars, extent of injuries of occupants, clearly indicated that the driver of Civilian Conservation Corps camp truck was on the wrong side of the road at the time of collision and was driving at a fast rate of speed while negotiating a dangerous curve.

HARRY MACHLEDT. Subscribed and sworn to before me this 29th day of July 1939. (SEAL)

Theo. N. JOHNSON, Notary Public. My commission expires September 10, 1942.

WAVELAND, IND., July 29, 1939. Subject: Wreck involving Civilian Conservation Corps camp truck and William

E. Search's car, 1 mile north of Waveland, Ind., at 9 a. m., June 24, 1938.

1. I, Rollo Lamson, was among the first to arrive at the scene of the accident and the position of the cars clearly indicated that the driver of the Civilian Conservation Corps camp truck was on the wrong side of the road at the time of the collision while negotiating a curve where vision was not clear.

ROLLO LAMSON. Subscribed and sworn to before me this 29th day of July 1939. (SEAL)

Theo. N. JOHNSON, Notary Public. My commission expires September 10, 1942.

WAVELAND, IND., July 29, 1939. Subject: Wreck involving Civilian Conservation Corps camp truck and William E. Search's car, 1 mile north of Waveland, Ind., at 9 a. m., June 24, 1938.

1. I, Frank Gardner, was among the first to arrive at the scene of the accident and the position of the cars clearly indicated that the driver of the Civilian Conservation Corps camp truck was on the wrong side of the road at the time of the accident.

FRANK GARDNER. Subscribed and sworn to before me this 29th day of July 1939. (SEAL)

Theo. N. JOHNSON, Notary Public. My commission expires September 10, 1942.

WAVELAND, IND., July 29, 1939. Subject: Wreck involving William E. Search's car and Civilian Conservation

Corps camp truck driven by Enrollee Oliver Morgan, June 24, 1938.

1. I, Clarence Bolinger, was a passenger in the truck driven by Oliver Morgan and involved in accident with William E. Search's car about 1 mile north of Waveland, Ind., at 9 a, m., June 24, 1938.

2. On the curve where collision took place Morgan was driving at an estimated speed of 25 miles per hour and struck William E. Search's car head-on, on our left side of the road, or that portion lawfully belonging to the driver of the Search car at the time.

3. Among the passengers injured was Miss Isobel Shanks, age 8, who received a severe fractured skull.

4. All investigation places conclusively the responsibility for the accident against the driver of the truck, Oliver Morgan.

CLARENCE BOLINGER. Subscribed and sworn to before me this 31st day of July 1939. (SEAL)

BETTIE E. JOHNSON, Notary Public. My commission expires November 4, 1939.

WAVELAND, IND. To Whom It May Concern:

This is to certify that I, Henry Hickman, town marshal of Waveland, Ind., did on a date prior to June 24, 1938, warn Oliver Morgan in regard to the reckless and dangerous manner in which he was driving Civilian Conservation Corps truck in and around Waveland, Ind.

HENRY H. HICKMAN, Town Marshal. Subscribed and sworn to before me this 10th day of July 1939, at Waveland, Ind. (SEAL)

J. K. MilliGAN, Notary Public. My commission expires January 3, 1942.

CLAIM FOR DAMAGES

Date of accident: June 24, 1938. Hour: 8:45 a. m.
Place of accident: County road, about 1 mile north of Waveland, Ind.

Accident: Was in automobile owned and driven by William E. Search. Hit by United States Army Civilian Conservation Corps truck, stationed at Civilian Conservation Corps Company, 2579, Camp SCS-3 Waveland, Ind., and driven by Enrollee Oliver Morgan.

Person injured: Isobel Shanks, Waveland, Ind., fractured skull. Hospital aid rendered by Dr. J. S. Noblitt, physician, and Dr. H. C. Wallace, surgeon. Amount of claim: For personal injury, $10,000.

FRANK E. SHANKS,

ClaimantFather of Isobel Shanks, Minor. Subscribed and sworn to before me this 6th day of July 1938, at Waveland, Ind. (SEAL)

THEO N. JOHNSON, Notary Public. My commission expires September 10, 1942.

STATE OF INDIANA,

Montgomery County, 88: In the Justice of the Peace Court of Brown Township, Montgomery County, Ind.

The State of Indiana v. Oliver Morgan. Affidavit for reckless driving James J. Gilliland, being duly sworn upon his oath, says he is informed and verily believes that at and in the county of Montgomery, and the State of Indiana, on the 24th day of June 1938, one Oliver Morgan did then and there, to wit, on the county highway running on a northerly direction from the town of Waveland, and at a distance of about 1 mile, operate a motor vehicle in a reckless and dangerous manner so as to endanger the life, limb, ar property of persons using said highway by driving on that side of the highway which is to the left of the operator, the same being unlawful, and wanted and brought into the court of the Justice of Peace Ben Canine on the 20th day of July. Said defendant pleaded guilty to the above charge and was fined $1 and costs; total $5.50; contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Indiana. (SEAL)

BEN C. CANINE. Subscribed and sworn to before me this 6th day of July 1939. (SEAL)

ETHEL S. CANINE, Notary Public. My commission expires January 25, 1941.

(State Warrant) STATE OF INDIANA,

Montgomery County, ss:
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,

Justice of the Peace. 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,

Justice of the Peace.

(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.

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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--- 80.00 (c) For damages to cooking range -

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 1/4-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 (j) For 1,000 feet of lumber.-

35. 00 (k) For oil cloth used on tables and shelves.

18. 00 (1) For 4 shower heads at $4 each ---

16.00 (m) For 5 Yale spring locks at $2 each.

10. 00 (n) For 21 screen doors at $1.75 each..

36. 75 (o) For 1 cord of wood..

10. 00 Total.---

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.

WAR DEPARTMENT,

Washington, August 3, 1939. Hon. AMBROSE J. KENNEDY,

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

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