I have read the foregoing statements and swear that they are true to my own knowledge and belief. STATE OF MISsouri, County of Jackson, ss: JAMES REDMOND. On this day of May in the year 1936, James Redmond, known to me personally, appeared before me and swore that the foregoing statements are true and correct, and signed the same in my presence. Hon. ALFRED F. BEITER, Notary Public. VETERANS' ADMINISTRATION, Chairman, Committee on War Claims, House of Representatives, Washington, D. C. MY DEAR MR. BEITER: This is in further response to your letter of August 20. 1937, requesting to be advised as to the amount of arrears in pension which would be due under the terms of H. R. 3045, Seventy-fifth Congress, "A bill for the relief of Margaret Redmond," if it were amended to include arrears of pension due from December 1923 to September 30, 1935. In this connection the following statement is furnished: Dec. 1, 1923, to Mar. 31, 1927, $20 per month.. Apr. 1, 1927, to Jan. 31, 1928, $30 per month.. Total... 1931, $40 per month.. Less 10 percent economy deductions from July 1, 1933, to June 30, 1934. Total deductions---- $800.00 300. 00 1, 440. 00 2, 800. 00 5, 340. 00 60. 00 22. 50 82.50 5, 257. 50 Pension would be due, therefore, for the period December 1, 1923, to September 30, 1935, in the total amount of $5,257.50. The above figures are based on the date of birth of the veteran given at the time he enlisted in the military service, at which time he stated that he was 22 12 years of age. The rates shown are based on the act of March 4, 1917, which was in effect in December 1923 and the act of March 3, 1927. Reference is made to the report furnished the chairman, Committee on Pensions, House of Representatives, under date of March 27, 1937, to which you refer in your letter. In view of the determinations made in this case, including that of the Board of Veteran's Appeals, that there is a total absence of any official information to establish the fact that the veteran submitted a properly executed application for pension in 1923, or at any time other than September 30, 1935, it is believed that the passage of the bill in its present form, or amended to grant the lesser amount suggested, would be discriminatory against a great number of similar cases in which the date of commencement is fixed by the general laws and regulations established thereunder. Very truly yours, FRANK T. HINES, Administrator. VETERANS' ADMINISTRATION, Hon. A. H. GASQUE, Chairman, Committee on Pensions, House of Representatives, Washington, D. C. MY DEAR MR. GASQUE: This is in further response to your request of March 11, 1937, for a report on H. R. 3045, Seventy-fifth Congress, "A bill for the relief of Margaret Redmond.' The bill provides as follows: "That the Administrator of Veterans' Affairs be, and he is hereby, authorized and directed to pay, out of any money appropriated for the payment of pensions. to Margaret Redmond the sum of $7,650. Such sum represents pension which should have been paid to James Redmond, deceased husband of the said Margaret Redmond, for the period from March 4, 1917, to September 30, 1935, under the Indian wars' pension statutes, but an application for such pension made by him in the month of December 1923 was lost or mislaid without fault on his part and he has not been paid pension for any period prior to September 30, 1935. The said James Redmond served as a private in Company B, Seventh Regiment United States Cavalry, from September 21, 1878, to September 20, 1883; was honorably discharged; and was eighty-five years of age at the time of his death on September 26, 1936." This veteran served as a private in Troop B, Seventh United States Cavalry, from September 21, 1878, to September 20, 1883, when he was honorably discharged. The War Department report shows that he served in the zone of the campaign against the Northern Cheyenne Indians in Dakota Territory in 1878 and 1879. Record evidence indicates that the veteran died September 26, 1936, from carcinoma. Under date of October 11, 1935, an award was approved allowing him $50 per month under the act of March 3, 1927, on account of being over 75 years of age, from September 30, 1935, the date on which his application was filed in this Administration. Subsequently the veteran contended that he should have been allowed a pension from March 4, 1917, for the reason that he had previously made an application for such benefit in the year 1923. However, the alleged application of 1923 was not mailed by the claimant to the then Pension Bureau. He alleged that he merely filled out the application blank in the office of former Congressman Henry L. Jost at Kansas City, Mo., and depended on Mr. Jost to forward such application to the proper Government department. A thorough search has failed to reveal the existence of this application and there is no correspondence of record showing that inquiry had been made by the veteran, or those interested in his behalf, as to the reason why benefits had not been paid. He also failed to produce the customary notification card or other satisfactory evidence showing that an application had been received by the Pension Bureau. Furthermore, the veteran stated in his application which he executed on September 27, 1935, that he had not previously made a claim for pension. A period of over 12 years elapsed from the time the veteran alleged he filed an application until his declaration, executed September 27, 1935, was received in this office. The veteran appealed from the decision disallowing him benefits from a date prior to September 30, 1935. The Board of Veterans' Appeals carefully considered all the evidence of record in the case and on July 31, 1936, decided that title to pension from a prior date was not warranted, as there was a total absence of any official information to establish, as a fact, that the claimant submitted an application for pension in 1923, or at any time other than that filed September 30, 1935. Attention is invited to the fact that in the event the alleged declaration had been located subsequent to March 3, 1927, and an award had been in order, his pension could not have been allowed to commence from March 4, 1917, as section 4 of the act of March 3, 1927, provides that after the passage of that act pensions granted under the acts of July 27, 1892, June 27, 1902, and May 30, 1908. as amended by the act of February 19, 1913, or under the act of March 4, 1917, shall commence from the date of filing of application therefor in the Bureau of Pensions. Under date of November 9, 1936, an award was approved allowing Mrs. Margaret Redmond a pension of $30 per month from October 28, 1936, the date of filing her claim, under the act of March 3, 1927, as the widow of this Indian war veteran. In view of the determinations made in this case, including that of the Board of Veterans' Appeals, that there is a total absence of any official information to establish the fact that the veteran submitted a properly executed application for pension in 1923, or at any time other than September 30, 1935, it is believed that the passage of this bill would be discriminatory against a great number of similar cases in which the date of commencement is fixed by the general laws and regulations established thereunder. In view of the foregoing the Veterans' Administration cannot recommend the proposed measure to the favorable consideration of your committee. Very truly yours, FRANK T. HINES, Administrator. VETERANS' ADMINISTRATION, The undersigned, having authority delegated by the Administrator of Veterans' Affairs to authenticate copies of public documents, records, or papers belonging to or in the files of the Veterans' Administration pursuant to the provisions of Public, No. 430 (74th Cong), does hereby certify that the annexed page is a true photostatic copy of the original thereof in file XC-916,406, James Redmond, the Veterans' Administration. In witness whereof, I have hereunto set my hand, and caused the seal of the Veterans' Administration to be affixed on the day and year first above written. [SEAL] J. HERSCHEL COOPER, Chief, Dependents' Subdivision, Dependents' Claims Service. AFFIDAVIT OF HENRY L. JOST SUPPORTING APPLICATION OF JAMES REDMOND LATE OF COMPANY B OF SEVENTH REGIMENT OF CAVALRY, FOR PENSION STATE OF MISSOURI, County of Jackson, ss: Henry L. Jost, of lawful age, being duly sworn on his oath, says: That in 1923, while affiant was serving as a Representative in Congress from the Fifth Missouri District, he received and presented the application of James Redmond for a pension, the said Redmond having satisfied affiant that he had a meritorious claim under the laws of the United States, as a late member and private of Captain McDougall's Company B of the Seventh Regiment of Cavalry, serving from September 21, 1878, to September 21, 1883. Affiant ceased service as a Member of the House of Representatives at the conclusion of the Sixty-eighth Congress and has destroyed his official files, for which reason he is unable to produce and attach hereto the correspondence and documentary evidence showing that through affiant the said James Redmond did make timely and proper application for the allowance of a pension. Subscribed and sworn before me this 4th day of March 1936. [SEAL] HENRY L. Jost. LOUISE M. BYERS, Notary Public in and for Jackson County, Mo. My commission expires February 10, 1939. О JUNE 19 (legislative day, MAY 28), 1940.—Ordered to be printed Mr. BROWN, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 4142] The Committee on Claims, to whom was referred the bill (H. R. 4142) for the relief of Mary Reid Hudson, 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. 1863, Seventy-sixth Congress, third session, which is appended hereto and made a part of this report. (H. Rept. No. 1863, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 4142) for the relief of Mary Reid Hudson, 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 "$6,160" and insert in lieu thereof "$3,000". 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 $3,000 to Mary Reid Hudson, Henryetta, Okla., in full settlement of all claims against the United States for damages sustained by the said Mary Reid Hudson on account of personal injuries received by her on March 27, 1937, in Schulter, Okla., when the automobile which she was driving was struck by a trailer which became detached from a truck in the service of the Works Progress Administration, at the instant such truck was in the act of passing her automobile. STATEMENT OF FACTS On March 26, 1937, one H. F. Brumfield, an employee of the Works Progress Administration was instructed to proceed the following morning with his truck to Weleetka, Okla., to pick up a pile driver for use in the construction of a bridge. Due to the length of the pile driver, it was necessary to use a trailer, which the employee borrowed from the county commissioners of Okmulgee County. Brumfield states that the trailer, which was a two-wheeled type, was hitched to the truck by means of a bolt and chain, a 1-inch bolt about 10 inches long, threaded for nut. He further states that the bolt was such a tight fit that he used a heavy blacksmith hammer to force it through the couplings, and that he then placed a nut on this bolt and tightened it with a wrench, and that furthermore, as a safety precaution he took a chain and wrapped it around the bolt and coupling pole in the form of a figure "8", and wired the chain with eight-ply of wire. On the morning of March 27, 1937, Mr. Brumfield and two other employees of the Works Progress Administration left for Weleetka. While they were traveling on United States Highway No. 75 at a speed of about 30 miles per hour at a point about 200 feet north of the north road entering Schulter, Okla., the trailer became uncoupled from the truck. At this time an Oldsmobile sedan owned and operated by Mrs. Mary Reid Hudson was approaching on her proper side of the road in the opposite direction. She observed that the trailer had broken loose and was traveling across the highway toward her car, and tried to ayoid the collision, but the trailer struck her car on the left side, overturning the vehicle into a ditch on the east side of the road and catapulting Mrs. Hudson about 25 feet away from the car. Mrs. Hudson's car was practically demolished, its only remaining value after the accident being $150 for salvage. The car was a 1937 model and was practically brand new at the time of the accident. Before the accident the car had a value of $1,053. It was covered by insurance policy issued by the Liverpool & London and Globe Insurance Co., Ltd., and under this policy Mrs. Hudson received $645 for the damages to her car. Mrs. Hudson still claims approximately $90 loss on the car. In addition to this property loss, Mrs. Hudson suffered serious personal injuries and was hospitalized for a period of 22 days at Keystone Hospital at Henryetta, Okla. There will be found hereafter appended several detailed doctors' statements. Briefly, however, a physical examination conducted by Dr. G. A. Kilpatrick on May 24, 1937, revealed nerve injuries, two rib fractures, traumatic arthritis of the left wrist joint, traumatic tenosynovitis of the left wrist and fingers, and traumatic neurosis of the spine. A later examination by Dr. Charles |