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Conservation Corps Camp 8–59-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 Š-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 8–59-Pa. 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

The board of officers appointed to report upon this claim recommends that the claimant be awarded the sum of $625.83 and an additional sum of $84.75 be paid the claimant from the company fund, Three Hundred and Eighth Company, Civilian Conservation Corps, which sums the claimant has not agreed to accept in full satisfaction of its claim, as shown by signed statement of December 21, 1936, (exhibit UU). This statement indicates that, owing to the fact that the claimant has been relieved of any monetary responsibility for damages sustained to the buildings on its leased premises which occurred during the occupancy of the site by the Civilian Conservation Corps, the claimant is eliminating from its claim the items included under “Buildings." Although the claimant has agreed to eliminate the item of $1,314.04 for damages to its leased buildings, it still contends that it should be paid $1,601.10 to cover installation of a new water system, and $410.00 for the destruction of a pool that was on the premises when originally occupied by the Civilian Conservation Corps. However, the Civilian Conservation Corps was relieved of any responsibility for damages sustained to the grounds which occurred during its occupancy of the site (exhibit QQ). An analysis of the water procured from the well located on the premises indicates that the test meets the United States Treasury Department standards of potable water, which precludes any necessity for obtaining water from some source off the premises (exhibits RR and TT).

FINDINGS

This board finds as follows:

(1) That the Pennsylvania State College is the lessee of the larger portion of the premises occupied by Civilian Conservation Corps Camp S-59-Pa., at McAlevy's Fort, Pa., from May 6, 1933, to October 31, 1935.

(2) That said camp site was occupied under authority of the owner, Commonwealth of Pennsylvania, Department of Forests and Waters.

(3) That the Pennsylvania State College authorities objected when Civilian Conservation Corps Company No. 308 first occupied this property leased to the college, as such occupancy deprived the college of enjoying the benefits of its own property; that shortly after the Civilian Conservation Corps occupied this camp site the Pennsylvania State College withdrew its objection.

(4) That at the time said camp site was first occupied by the Civilian Conservation Corps there were located thereon a residence and a barn, owned by the State of Pennsylvania but leased to the Pennsylvania State College; that in addition to these structures there were 16 small cabins and several outbuildings on the premises which were erected by and belonged to the Pennsylvania State College.

(5) That there was considerable miscellaneous equipment of the Pennsylvania State College stored on said camp site at the time it was occupied by the Civilian Conservation Corps, but there was no accurate inventory of this equipment; that representatives of the college moved some of its equipment off the premises and left some; that some of the college-owned equipment left on the premises was loaned for the use of the Civilian Conservation Corps camp and a receipt therefor was obtained from the camp officers; and that some of the college-owned equipment was stored on the camp site with the understanding that it was not to be used by the Civilian Conservation Corps camp.

(6) That of the 58 items of college-owned equipment which are alleged to have been either loaned for use of the Civilian Conservation Corps camp, or stored on the camp site, and which claimant alleges were either damaged, lost, or otherwise unaccounted for, no definite knowledge has been given to prove the presence in the camp or use by the Civilian Conservation Corps of 27 of these items; that as to 15 of these items it is found that they were either not used or damaged by the Civilian Conservation Corps, or were elsewhere located and accounted for, or they were replaced with items in kind; that 16 of these items were either lost or damaged by the Civilian Conservation Corps and should be paid for by the United States.

(7) That due to the fact that the Civilian Conservation Corps turned the buildings and improvements constructed by it on the camp site over to the State of Pennsylvania, and the State of Pennsylvania then turned these buildings and improvements over to the Pennsylvania State College for use in connection with its lease, and in view of the fact that the State of Pennsylvania released the United States from responsibility for damages to the buildings leased to the Pennsylvania State College, the claim for $1,314.04 to restore these buildings to the same condition existing at the time of original occupancy by the Civilian Conservation Corps is obviated. The value of the new buildings and improvements left on the premises by the Civilian Conservation Corps is far greater than the alleged damages to the buildings and improvements located on the premises at the time the Civilian Conservation Corps took possession.

8. Repts., 76–3, vol. 335

(8) That the claim for $1,601.10 for installing a new water system is also obviated, in view of the above-mentioned release from responsibility for damages to the grounds leased to the Pennsylvania State College, and in view of the fact that the result of the analysis of the water procured from the well located on the premises indicates that the water is potable.

(9) That the claim for $410 on account of the destruction of an aquatic pool is also obviated, in view of the fact that the filling up of this pool was necessary for sanitary reasons, and the owner of the property has released the United States from responsibility for damages to the grounds leased to the Pennsylvania State College.

RECOMMENDATIONS This Board recommends that the claim of the Pennsylvania State College be allowed in the sum of $625.93, itemized as follows: (a) For replacement of pipes and fittings in shower room.

$16. 00 (6) 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 ( 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

286. 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 (l) 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 (0) For 1 cord of wood...

10. 00

Total.--

625. 93
REAL ESTATE CLAIMS BOARD,
A. L. VIOLANTE,

Captain, Q. M. C., Member.
E. T. LINDNER, Member.

Approved:

A. OWEN SEAMAN,
Brigadier General, Q. M. C.,

Chief, Construction Division.

SETTLEMENT CERTIFICATE
GENERAL ACCOUNTING OFFICE,

CLAIMS Division,

Washington, October 26, 1937. The PENNSYLVANIA STATE COLLEGE,

Office of the Treasurer, State College, Pa. SIRs: Your claim, No. 0153464, for $5,105.12, on account of alleged damages to your property by the United States in the operation of Civilian Conservation Corps camp S-59-Pa, McAlvey's Fort, Pa., during the period May 6, 1933, to October 31, 1935, has been carefully examined and it is found that no part thereof may be allowed for the reasons hereinafter stated.

It is not necessary to consider the individual items constituting the total amount of your claim as you are advised that such a claim may not be allowed, as there does not appear to be any appropriation available to pay a claim of this character. See section 3678, Revised Statutes, title 31, United States Code, section 628. There is therefore no legal authority for payment of the amount or any part thereof claimed by you.

I therefore certify that no balance is found due you from the United States. Respectfully,

R. N. ELLIOTT, Acting Comptroller General of the United States.

By CARLIN MASON.

ЕхнівІт к
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF FORESTS AND WATERS,

Harrisburg, May 7, 1931.
Hon. R. D. HETZEL,
President, Pennsylvania State College,

State College, Pa. MY DEAR MR. HETZEL: I attach agreement, in duplicate, for the use of the premises known as the Saeger farm, containing thereon building No. 504, a frame barn and outbuildings, situate in Jackson Township, Huntingdon County, in the Logan State Forest. You will note we have attached to this agreement a draft of the above farm.

If this agreement is satisfactory will you kindly have both copies executed and return them to this office for completion? We will be glad if you will give the above your prompt attention. Sincerely yours,

LEWIS E. STALEY.

This agreement, made this Twenty-fourth day of February A. D., 1931, between the Department of Forests and Waters, by Lewis E. Staley, secretary, Party of the First Part (hereinafter called the Department), and the Pennsylvania State College, of State College, Pa., Party of the Second Part (hereinafter called the Lessee) :

Witnesseth that, for and in consideration of the premises hereof the parties hereto mutually agree as follows:

(1) That for and in consideartion of One ($1.00) Dollar paid by the party of the second part to the party of the first part, the receipt of which is hereby acknowledged, the party of the first part grants and leases unto the party of the second part, hereinafter called the lessee, for a term of ten (10) years, from the date hereof. The premises known as the "Saeger Farm” (as more fully described in Article 2) containing thereon, building #5D4, a frame barn, together with outbuildings, situated in Jackson Township, Huntingdon County, in the Logan State Forest Reserving, however, to the Department for administrative use the said building #5D4, at such time as it is not used by the Department of Nature Study. The time of use to be mutually agreed upon.

(2) The premises known as the "Saeger Farm” is shown on the attached blue print which shall become a part of this agreement.

(3) The duration of this lease shall be (unless sooner terminated as provided herein) ten (10) years.

(4) The annual rental which the lessee shall pay to the Department for the use of the premises leased hereby shall be the necessary painting and repairs to the buildings owned by the Department and by the Lessee so as to keep them in a satisfactory and sightly condition, usual wear and tear excepted; said improvements to be approved by the District Forester before they are made.

(5) The premises hereby leased shall not be used by the lessee to conduct a business of any character, nor for the sale of commodities, except where the Department shall deem such business necessary, and then only after the making of a proper application to the Department for special permission to conduct the same, provided the Department approves the application and directs that the lessee may conduct such business. The sale of text books and supplies to Nature Study Students is mutually agreed upon.

(6) The lessee shall not underlet the premises hereby leased, or any portior thereof, without consent in writing first obtained from the Department, and shall not use or conduct such management on said premises, nor permit them to be used and managed, in a way which may bring discredit and unfavorable public criticism upon the Department. Of the propriety of use the Department is hereby made the sole judge.

(7) The lessee shall, without expense to the Department, keep the premises in a clean, sanitary, and presentable condition, and shall comply with all the laws, rules, and orders of the State Department of Health now existing or hereafter adopted; shall do no injury to the trees or other growth on the leased land or the surrounding State Forest land; shall obey all the rules of the Department of Forests and Waters now existing or hereaftes adopted concerning the occupancy and use of State Forest land, and do everything possible to cause others to obey said rules; and shall take special precaution against setting fire to the Forest. The lessee shall also furnish the Forester with his telephone and telegraph address.

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