I hereby certify that this bill is correct and just and that payment therefor has not been received. STATE OF WEST VIRGINIA, County of Monongalia, to wit: R. M. ARTHUR. I, Bushrod Grimes, do hereby certify the above-named articles were used in the construction and carrying on of the Arthurdale project near Reedsville, W. Va., to the best of my knowledge and belief. BUSHROD GRIMES. Subscribed and sworn to before me this 1st day of October 1935. My commission expires May 2, 1937. C. V. HARVEY, Notary Public. JUNE 19 (legislative day, May 28), 1940.-Ordered to be printed Mr. SCHWARTZ, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 4412] The Committee on Claims, to whom was referred the bill (H. R. 4412) for the relief of Beatrice Lois Rucker, 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. 2283, Seventysixth Congress, third session, which is appended hereto and made a part of this report. H. Rept. No. 2283, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 4412) for the relief of Beatrice Lois Rucker, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass. The amendments are as follows: Lines 5, 6, and 7, strike out the language "Beatrice Lois Rucker or legal guardian of 1824 One Hundred and Fifth Street," and insert in lieu thereof "the legal guardian of Beatrice Lois Rucker, a minor,". Line 7, strike out the sign and figures "$6,000" and insert in lieu thereof "$1,000". Line 8, strike out "settleemnt" and insert in lieu thereof "settlement". Line 12, strike out the words "Navy, retired,” and insert in lieu thereof "Naval Reserve,' "" 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 the sum of $1,000 to the legal guardian of Beatrice Lois Rucker, a minor, Los Angeles, Calif., in full settlement of all claims against the United States on account of personal injuries sustained by the said Beatrice Lois Rucker, when she was struck by the towline of a Navy airplane 7CS9 piloted by Aviation Cadet Moulton B. Taylor, United States Naval Reserve, on July 11, 1938. STATEMENT OF FACTS The records of the Navy Department show that on the afternoon of July 11, 1938, seaplane No. 7CS9, attached to the U. S. S. Quincy, Aviation Unit of Cruiser Scouting Squadron 7, was on an authorized and scheduled gunnery flight involving the towing of a Mark VI machine-gun sleeve. This plane was being piloted by Aviation Cadet Moulton B. Taylor, United States Naval Reserve, a qualified naval aviator, and he was accompanied by one George Henry Richards, aviation machinist's mate, third class, United States Navy. During this flight the sleeve, which was being towed with about 900 feet of standard towline, was shot away. Upon the loss of the sleeve the pilot returned to the fleet air base, San Pedro, Calif., for the purpose of dropping the towline. During his approach to the field the towline dragged along Brighton Beach, adjacent to and eastward from the Fleet Air Base Reservation at San Pedro. When the pilot realized the dangerous position in which he had placed his plane, he attempted to gain altitude and made every effort possible to remedy the situation. In dragging this towline along Brighton Beach, at about 3 p. m. of the afternoon mentioned, three people were injured, one of whom was Beatrice Lois Rucker, a colored girl aged 15. The rope wrapped around both of her legs, first the right and then the left, causing painful burns on both legs. Immediately after the accident, Miss Rucker, together with the other injured parties, was taken to the dispensary of the Fleet Air Base, where she was examined by Lt. Willard M. Gobbell. Miss Rucker then went to her own physician, Dr. Ralph W. E. Bledsoe, who has furnished several statements regarding this young lady's condition, which will be found hereafter appended. In one of these statements Dr. Bledsoe, says the following: "The healing of these wounds resulted in the formation of large elevated scars called keloids. These keloids are tumorous masses over the seat of the wounds and consist of fibrous tissue. "They constitute a permanent disability in that they primarily disfigure the limbs of the young lady and are clearly deforming and visible through the stockings. "Secondarily, there is always the probability that this tissue may at some later date become malignant, as a result of irritation or subsequent injury." As a result of these injuries, Miss Rucker had to undergo considerable medical treatment for which she was billed in the amount of $50. The Navy Department in its report to your committee states that since the United States Navy plane was responsible for injuring Beatrice Lois Rucker, the Navy Department recommends enactment of the proposed legislation, as amended, to authorize the payment of a reasonable sum. In view of the medical expense already undergone by Miss Rucker in connection with this injury, and also in view of the fact she has suffered considerable pain and is and will be permanently disfigured, your committee recommend the payment of the sum of $1,000 to the legal guardian of Miss Rucker. Your committee is furthermore of the opinion that this amount is particularly warranted in view of the possibility that the injured tissue may at some later date become malignant. Appended hereto is the report of the Navy Department together with other pertinent evidence. The CHAIRMAN, COMMITTEE ON CLAIMS, NAVY DEPARTMENT, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 4412) for the relief of Beatrice Lois Rucker was referred to the Navy Department by your committee with a request for report and recommendation relative thereto. The purpose of this bill is to authorize an appropriation of $6,000 to be expended by the Secretary of the Treasury, out of funds in the Treasury not otherwise appropriated, for payment to Beatrice Lois Rucker, or legal guardian, in full settlement of all claims against the United States on account of personal injuries sustained by her when struck by the towline of U. S. Navy airplane 7ČS9, piloted by Aviation Cadet Moulton B. Taylor, United States Naval Reserve, on July 11, 1938. The record of the proceedings of the board of investigation convened in this case on July 19, 1938, at the fleet air base, San Pedro, Calif., by order of the commander, Base Force, United States Fleet, shows that on the afternoon of July 11, 1938, seaplane No. 7CS9, attached to the U. S. S. Quincy, aviation unit of Cruiser Scouting Squadron 7, was on an authorized and scheduled gunnery flight involving the towing of a mark VI machine-gun sleeve. This plane was being piloted by Aviation Cadet Moulton B. Taylor, United States Naval Reserve, a qualified naval aviator, and he was accompanied by George Henry Richards, aviation machinist's mate, third class, United States Navy. During this flight the sleeve, which was being towed with about 900 feet of standard towline, was shot away. Upon the loss of the sleeve the pilot returned to the fleet air base, San Pedro, Calif., for the purpose of dropping the towline. During his approach to the field the towline dragged along Brighton Beach, adjacent to and eastward from the Fleet Air Base Reservation at San Pedro. When the pilot realized the dangerous position in which he had placed his plane he attempted to gain altitude and made every effort possible to remedy the situation, and after releasing the towline he immediately returned to the fleet air base and reported the incident to his commanding officer. The evidence adduced before the board of investigation disclosed that the dragging of this towline along Brighton Beach injured three individuals, one of whom was Beatrice Lois Rucker, the claimant, for whose relief, bill H. R. 4412 has been introduced. The injured parties were immediately taken to the dispensary of the fleet air base, San Pedro, Calif., where they were examined by Lt. Willard M. Gobbell, Medical Corps, United States Navy, who testified before the board of investigation that "Beatrice Rucker presented abrasion and first degree rope burn circularly about the middle third of the right leg and another about 8 centimeters transversely through the left popliteal space. The same treatment as for the foregoing case was administered. Probable disability about 10 days." The records in this case further show that Beatrice Lois Rucker was instructed to report to either the Long Beach or the San Pedro Navy Dispensary for further treatment and that arrangements for this treatment were made with the commands of these dispensaries. It now appears, however, that the claimant did not take advantage of these treatments but that she was attended by Dr. Blatsaw, a civilian doctor with offices at One Hundred and Fourth and Wilmington Streets, Los Angeles, Calif. The Navy Department has not been advised as to the extent of this treatment beyond that above referred to nor as to the amount of damages suffered by the claimant. It would appear from all the information available, however, that the sum of $6,000 claimed for the damages sustained by the claimant is excessive beyond reason. The Secretary of the Navy is not authorized to consider, ascertain, adjust, determine, or pay out of any appropriation amounts due on claims for damages which have occurred or which may occur in the nature of personal injuries growing out of the operation of naval aircraft. It is noted that in lines 11 and 12 of the proposed bill reference is made to "Aviation Cadet Moulton B. Taylor, United States Navy, retired." This reference should be "Aviation Cadet Moulton B. Taylor, United States Naval Reserve." Since U. S. Navy seaplane No. 7CS9, piloted by Aviation Cadet Moulton B. Taylor, United States Naval Reserve, on July 11, 1938, was responsible for injuring Beatrice Lois Rucker, at Brighton Beach, the Navy Department recommends the enactment of bill (H. R. 4412) for the relief of Beatrice Lois Rucker, if amended to authorize the payment of a reasonable sum in full settlement of all claims arising against the United States on account of the personal injuries sustained by the claimant, and further amended so as to show that U. S. Navy seaplane No. 7CS9 was piloted by Aviation Cadet Moulton B. Taylor, United States Naval Reserve, on July 11, 1938. Sincerely yours, Hon. LEE GEYER, WILLIAM D. LEAHY, Acting. LOS ANGELES, CALIF., May 18, 1939. Congressman, Nineteenth District, Washington, D. C. MY DEAR MR. GEYER: Last year, July 11, 1938, I was standing on Brighton Beach at Terminal Island, when all of a sudden I was struck down by the tow-line of an airplane. This happened about 3 p. m. The rope wrapped around both of . Repts., 76-3, vol. 3-79 |