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. 8252] The Committee on Claims, to whom was referred the bill (H. R. 8252) for the relief of John Owen, 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. 2293, Seventysixth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 2293, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 8252) for the relief of John Owen, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass. The amendments are as follows: Line 6, strike out the sign and figures "$2,712.55" and insert in lieu thereof "$1,512.30". Line 7, strike out the word "Government" and insert in lieu thereof "United States". Line 7, strike out the words "rent due and". 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 John Owen, of San Antonio, Tex., the sum of $1,512.30 in full settlement of all claims against the United S. Repts., 76-3, vol. 380 States for damages to his ranch and cattle in Bexar County, Tex., as a result of the Third Army maneuvers during the period between August 6 and 20, 1938. STATEMENT OF FACTS On April 8, 1938, Mr. John Owen entered into a contract with the War Department to rent his lands for the purpose of its use during war maneuvers, under which contract the Army agreed to keep all gates locked, not to interfere with the operations of the ranch, not to cause any disturbance of the stock through low flying or firing near water troughs or tanks. It was agreed further that the Army would not use his water or cut any fences on his property. On August 15 to 17 various troops of the Forty-fifth Division entered upon the premises of Mr. Owen for the purpose of holding their maneuvers. The action of the men in bathing in the water tanks, and also in washing their clothes in the streams, caused the water to become polluted, and firing around the water troughs drove many cattle away from the water, to which they would not return unti all signs of disturbance had ceased. Due to the polluted condition of the water, the cattle would not drink it, and this kept them from having water for a period of about 36 hours, or until the water was cleared of its soapy condition. This caused a weight shrinkage to nearly 300 head of cattle. The War Department investigated this claim very carefully, and in order to arrive at a fair figure called upon a rural supervisor, an assistant market specialist, and an employee, all of the Department of Agriculture, together with a head buyer of livestock of a provision company in San Antonio. This board decided that a fair award for loss of weight to the stock would be $1,362.75. This, together with the damage to fences, water trough, engine and pumpjacks in the amount of $149.55, totaled in all the sum of $1,512.30. Your committee, after carefully_considering the facts of this claim, concur in the recommendation of the War Department, and recommend that the bill do pass in the amount of $1,512.30. Appended hereto is the report of the War Department, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, WAR DEPARTMENT, Washington, March 22, 1940. House of Representatives, Washington, D. C. DEAR MR. KENNEDY: Careful consideration has been given to the bill (H. R. 8252, 76th Cong., 3d sess.) for the relief of John Owen, which you transmitted to the War Department under date of March 12, 1940, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to John Owen, of San Antonio, Tex., the sum of $2,712.55, in full settlement of all claims against the United States for rent due and damages to his ranch and cattle in Bexar County, Tex., as a result of the Third Army maneuvers during the period between August 6 and 20, 1938. Under the terms of a rental agreement entered into between John Owen and the United States on April 6, 1938, permission was granted to the United States for troops of the United States Army engaged in the conduct of special field exercises and their vehicles and equipment to enter, maneuver upon, and pass over, bivouac. or camp upon Mr. Owen's premises during the Third Army maneuvers, during the period August 6 to 20, 1938. On August 16 and 17 various troops of the Fortyfifth Division were operating in the vicinity of Mr. Owen's ranch. As a result of the activities of the troops engaged in the maneuvers, Mr. Owen submitted a claim to the War Department in the amount of $2,474.55 for damages to certain property and cattle, as follows: For damage to fences, post, wire, labor, etc.- For damage to 3-inch pipe, cut-out catch, repairs to engine and pump For damage to 300 head livestock, loss in weight resulting from shutting off water supply for 36 hours or more rendering livestock unfit for fall market... Total.... $37.50 8. 50 103.55 2, 325. 00 A board of officers which investigated the claim found that the damage was not due wholly or in part to the fault or negligence of Mr. Owen or his agents, but was due to the fault or negligence of unknown officers or employees of the Government, acting within the scope of their employment, and recommended that the claim be allowed in the amount of $1,512.30. The first three items of the claim, viz, $37.50, $8.50, and $103.55, were allowed in full. In regard to the item of $2,325, it was found that the damage to livestock was due principally to the fact that they would not drink water which had been polluted by men bathing in the tanks at their drinking places which caused the water to become soapy; that these cattle were wild and unused to either footmen or automobiles; that the activities of both drove them away from their customary watering places for a period of approximately 36 hours; that the fact that these cattle were denied water had the effect of causing a shrinkage of weight which lessened their value; that while possibly no permanent damage was done to the cattle due to an extreme drouth for over & period of 11 months, which depleted the normal grass crop, the selling price of these cattle was undoubtedly lessened; that this item of the claim presented an intangible problem in that there was no positive evidence to show that exactly 300 head of cattle were involved, and that each and every one of the 300 head did shrink in weight and value, as alleged by Mr. Owen; that the exact time, 36 hours, and that each and every one of the 300 head was denied water cannot be substantiated; that there was no basis upon which damage of this nature could be accurately estimated; that in order to arrive at a fair figure, the board averaged estimates furnished by a rural supervisor, United States Department of Agriculture, and assistant marketing specialist, United States Department of Agriculture, an employee, United States Department of Agriculture, and a head buyer of livestock of a provision company of San Antonio, Tex., and then took the midpoint between this average and the amount claimed by Mr. Owen, namely, $1,362.75. The total amount of the award was $1,512.30, which amount Mr. Owen refused to accept. Upon review of the claim in the War Department, it was the view of the Department that the damage was due to the fault of officers and employees of the Government acting within the scope of their employment and that the award of $1,512.30 was fair and just. However, since Mr. Owen had refused to accept an award of $1,512.30 and since the Department, under the provisions of the Military Appropriation Act, 1939, approved June 11, 1938, is precluded from settling claims incident to special field exercises in amounts of over $500 each, the claim was disapproved. The bill proposes to pay Mr. Owen the sum of $2,712.55, which is, apparently, divided as follows: $2,474.55 for damages to ranch and cattle and $238 for rent due. Funds in the amount of $238 have been obligated for the payment of rent to Mr. Owen and will be paid to Mr. Owen when he signs the proper vouchers therefor. Mr. Owen has refused to sign the vouchers. It is the view of the War Department that the amount of rent due, $238, should not be covered in the proposed legislation, as this amount will be paid Mr. Owen on his signature to proper vouchers. The War Department recommends, if any legislation covering this claim is enacted into law, that the bill be amended so as to pay Mr. Owen $1,512.30, which amount is believed to be fair and just for the damages to his ranch and cattle. If so amended, the Department will interpose no objection to the favorable consideration of the proposed legislation. Sincerely yours, AGREEMENT HARRY H. WOODRING, Plot No. 68. Name: John Owen. Place: Stowers Ranch. Date: April 8, 1938. The undersigned hereby agrees to allow the use of the premises in County under his legal control, consisting of 8,200 acres lying in Bexar County, south military reservation, Camp Bullis, by the United States Army, during the period and under the conditions indicated on the reverse side at a rental of 2 cents per acre for the area described above. One hundred dollars will be paid should the property be occupied for camping purposes by a force of 10,000 men, with the understanding that payment will be made only once if the premises is occupied for the encampment of troops, regardless of the number of times used, and that if the camp site is used by only a part of the force of 10,000 men, the payment will be a proportionate part of $100, based upon the percentage of the maximum number of men actually encamped at any one time. It is further agreed that the owner (a) Will permit troops to camp on his ground. (b) Will not permit troops to use his water, if available. (c) Will not permit fences on his property to be cut. (d) It is agreed that the following additional restrictions will be observed by the troops: The Army agrees to keep all gates on the border fences locked except when in use; to guard all gates when not locked; to cut no fences; to cause no interference with the operation of the ranch; to cause no disturbance of the stock through low-flying aircraft or firing at or near water troughs or tanks; to return to the premises all cattle which stray therefrom due to the action of the maneuver. The Army further agrees not to use animals on leased premises. This agreement is to be considered effective only in the event the necessary appropriations are made available. Signature: Title: I certify that I have this day entered into an informal agreement with covering rental of the premises described above for maneuver purposes during the Third Army Maneuvers, August 6 to 20, 1938. April 8, 1938. S. Y. KENNEDY, Major, Twenty-third Infantry. CONDITIONS OF AGREEMENT It is contemplated that maneuvers by Regular Army and National Guard troops, under the direction of Maj. Gen. H. J. Brees, commanding the Eighth Corps Area, will be conducted for approximately 2 weeks during period August 6 to 20, 1938. The total strength of the units participating will be approximately 23,000 men. There will be animals. A series of exercises will be conducted in the maneuver area involving marches, maneuvers, and bivouacs. It is expected that the time spent in any one particular locality will not exceed 1 or 2 days, after which the troops will be moved to another locality to conduct similar exercises. The maneuver will progress in that manner, possibly returning over ground previously used. During maneuvers the troops will not be concentrated in one place but will usually be spread over a relatively large area. Water is desirable if available, but if not available in the area, will be hauled in by the troops. The landowner will determine whether or not water is available in the area, but there will be no additional payment in the cases where water is furnished. There will be no digging of trenches in the area. All pits required in campsites will be filled in before the campsites are vacated. No ball ammunition will be fired in the area and the danger of fire will, therefore, be reduced to a minimum. All troops will be instructed concerning fire hazards and in the methods of fighting fire. Claims for damages done will be acted upon at the time by a board of officers, in consultation when necessary with one or more civilians who are familiar with local conditions and values, which will recommend the amount to be allowed and will forward the claims to the War Department for payment. AFFIDAVIT SUPPORTING CLAIM SAN ANTONIO, TEX., 1938. STATE OF TEXAS, County of Bexar, ss: Personally appeared before me, the undersigned authority, duly authorized by law to administer oaths in cases of this character, one Mr. J. V. Brown, 1102 Maine Avenue, San Antonio, Tex., foreman of Stowers' Ranch, who, first being sworn according to law, deposes and says: I am foreman of Stowers' Ranch and am employed by Mr. John Owen, lessor of said ranch, and the following is my statement supporting his claim against the United States: 1. Repair fence southeast corner Bullis pasture. Location-Wilderness Wire fence, both sides corner post torn out by blasting hole for 2 men 2 days at $1.50 each per day 2 horses 2 days at 50 cents each per day Horses used in lieu of motor vehicle.. 2. Repair wire gap partition fence. Location-Wire gap located on Gap apparently run into by truck tearing out all wires, 2 men 1⁄2 day at $1.50 each per day... Cost of repair. 3. Repair fence southeast corner Bullis pasture. Location-1,200 yards southwest Wilderness Trail Gate on fence line not yet 2 horses 1⁄2 day at 50¢ each per day.. Cost of temporary repair. 4. Wages, 1 man 16 days at $1.50 per day.. About 1 week or 10 days prior to August 6, we began finding gates open and fences torn down. This made it necessary that one man be detailed to make daily rounds checking gates, fences, and watering places, it being important that our gates were kept closed and our fences in repair. Troops making reconnaissance would frequently draw water from wells and invariably close valve shutting off flow of water to watering troughs. Considerable trouble was experienced at the dipping vat well and this alone required many trips during the period between August 1 and 17. Valve at base of big windmill was found open, had apparently been open 2 days and all water pumped during that period was lost. 5. Repair water trough. Location-Dipping vat well.... Water trough struck by truck rendering trough unfit for use without repair. Cost repair as follows: Replace end of trough and stop leaks caused by spreading. 6. Repair 3-inch pipe line. Location-Dipping vat well. _ Water line running from well to storage tank approximately 1,170 feet south of well was run over by truck at well, breaking loose one joint. It was necessary to bring a man out from town with equipment to cut and rethread this size pipe to make the repair, repair being completed by R. W. Weaverling between 8 p. m. and 10:30 p. m. August 16, 1938. 7. Cut-out catch engine repair. Location.-Dipping vat well... Part missing from engine. While making repairs at later date, this part found on floor of engine room. 8. Labor repair pump jack and engine. Location.-Dipping vat well. During the last 2 days of maneuvers troops virtually confiscated this well. Started gasoline engine at will, pumping water as needed and at times apparently allowing the engine to run "wild" at greatly increased speed, breaking off one cross member, grease cup, gasoline feed line and gasoline storage tank. Pump jack operating at such increased speed was completely wrecked. August 16, troops, estimated at $6.00 2.00 8. 00 1.50 1.50 3.00 1. 50 1. 00 2.50 24.00 8.50 3.50 .80 24. 25 |