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possible sources of water supply, it is believed that the only satisfactory and safe source is the spring located about 1 mile above the camp site. A water supply developed from this source would probably be less expensive than the drilling of wells and the installation of pumps or the damming of another stream and the piping of water from a greater distance. Detwiler Run, the only logical source for adequate gravity supply other than the spring mentioned, is subject to contamination due to the opening up of that watershed to traffic and cabin leases.

The aquatic-life pool was constructed by and at the expense of the college. This stone-cement constructed pool was built on the slope below the spring and in the area now immediately below the truck garage. It was at first used as a camp swimming pool, but in later years it was utilized as an aquatic-life pool and to impound water for an auxiliary water supply in case the principal watersupply system became inadequate.

The lower part of this aquatic-life pool was walled completely about and was watertight. The upper end of the pool was walled only on the sides and the water supply was secured from the spring immediately above.

This aquatic-life pool was kept filled with water. Frogs, toads, salamanders, insects, and other aquatic animal forms lived and bred in this pool. From time to time various aquatic plants and animal forms had been introduced into the pool. A number of interesting aquatic reeds, grasses, rushes, and sedges had been developed on the upper margin of this pool.

Soon after the Three Hundred and Eighth Company, Civilian Conservation Corps, occupied the nature-camp site this aquatic-life pool was drained and used as an area upon which to dump and burn dry camp waste other than garbage. Later tin cans and other waste were dumped into the pool area until it was quite well filled. And still later, stone and earth fill was dumped in completely covering the pool area and raising it several feet above the former level of the aquaticlife pool.

The aquatic-life pool was one of the most interesting and valuable educational assets of the nature-study camp. It will be necessary to replace it before the site is again occupied as a nature-study camp.

We very respectfully request your further consideration of the claim in its amended form. We are asking for reimbursement only for the materials and facilities lost or destroyed through the occupancy of this site by the Three Hundred and Eighth Company, Civilian Conservation Corps, and for which the college will be required to expend funds for their replacement when resuming the use of the site for the operation of its nature-study camp in June 1937. Respectfully yours,

S. K. HOSTETTER, Assistant to the President in Charge of Business and Finance.

JULY 2, 1936. THE PRESIDENT, Pennsylvania State College,

State College, Pa. MY DEAR PRESIDENT HETZEL: As the president of the board of officers appointed to report upon the claim submitted by you with reference to loss and damage sustained due to the occupancy of your nature study camp site by the Three Hundred and Eighth Company, Civilian Conservation Corps, Camp 8-59-Pa., McAlevy's Fort, Pa., I desire to notify you that the board is recommending approval of the payment of the sum of $609.83, plus a payment to be made by the company fund, Three Hundred and Eighth Company, Civilian Conservation Corps, the total amount being $694.58. I further desire to notify you that this recommendation is tentative only, and subject to possible reduction or complete rejection by the Secretary of War, and the granting of an appropriation by the Congress for the amount recommended or such other lesser amount as the Congress may choose to appropriate.

It is necessary that I submit as part of the board proceedings your acceptance or nonacceptance of this amount. It is requested that you furnish me in quadruplicate a statement of acceptance (or nonacceptance) of the amount of $609.83, plus an additional amount of $84.75 from the company fund, Three Hundred and Eighth Company, Civilian Conservation Corps, as a complete settlement of any claim.

For your information, there is inclosed herewith a copy of a letter received from the Secretary, Department of Forests and Waters, State of Pennsylvania, in which the Civilian Conservation Corps is absolved of any claim for damages to buildings and grounds on the lease occupied by the Civilian Conservation Corps company. The contents of this letter, of course, affected your claim pertaining to buildings and grounds owned by the Department of Forests and Waters.

Very truly yours, (SEAL)

J. S. DOUGHERTY,

Major, 34th Inf.,
Ass't. to C. A. Inspector General.

EXHIBIT RR

COMMONWEALTH OF PENNSYLVANIA,

DEPARTMENT OF HEALTH,

Harrisburg, June 30, 1936. OFFICE OF THE SURGEON,

Headquarters Third Corps Area, Unites States Army, Baltimore, Md. DEAR Sir: We have received from our laboratory a report on the bacteriological analysis of two samples of water collected on June 24 by J. C. Bell, both samples marked "Alan Seegar State Park-Drilled well at old barn, McAlevys Fort, Huntingdon County." Sample No. 1 showed 450 and sample No. 2 showed 150. Total bacteria per cc., respectively, and neither sample showed evidence of Coli-Aerogenes or B. Coli. Very truly yours,

H. E. Moses, Assistant Chief Engineer.

EXHIBIT TT

JULY 2, 1936. To the Recorder of the Board convened to investigage damages reported at Camp S

59 Pa.

Attached herewith is a report of two water-analyses samples procured from the well near the old barn at Alan Seegar State Park, Pa.

These samples show no evidence of Coli-Aerogenes or B. Coli, and the total bacterial count per cubic centimeter in both cases is_below 200. Both these samples, therefore, meet the United States Treasury Department standards of potable water. For the Surgeon:

P. A. KEENEY, Captain, Med.-Res., Assistant.

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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. 6598]

The Committee on Claims, to whom was referred the bill (H. R. 6598) for the relief of Charles H. Upton, 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. 1872, Seventysixth Congress, third session, which is appended hereto and made a part of this report.

(H. Rept. No. 1872, 76th Cong. 3d, sess.)

The Committee on Claims, to whom was referred the bill (H. R. 6598) for the relief of Charles H. Upton, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:
Strike out all after the enacting clause, and insert in lieu thereof the following:

“That the Comptroller General of the United States is authorized and directed to allow credit in the accounts of George Vice, United States marshal, northern district of California, for payments totaling the amount of $223.83 made to Charles H. Upton, of San Francisco, California, which payments were for mileage allowance while the said Charles H. Upton was performing the duties of acting chief probation and parole officer for the northern district of California, for travel authorized by means of a privately owned automobile during the period from May 1936 to February 1937, both inclusive, such claim for mileage having been disallowed by the General Accounting Office because travel was performed in an automobile registered in the name of the wife of the said Charles H. Upton,

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whereas the act of February 14, 1931, provides for the payment of mileage to an officer or employee of the United States only for travel performed in the traveler's own automobile.'

The purpose of the proposed legislation is to authorize and direct the Comptroller General to allow credit in the accounts of George Vice, United States marshal, northern district of California, for payments totaling the amount of $223.83, made to Charles H. Upton, of San Francisco, Calif., for travel authorized by means of a privately owned automobile during the period from May 1936 to February 1937, both inclusive, such claim for mileage having been disallowed by the General Accounting Office because travel was performed in an automobile registered in the name of the wife of the said Charles H. Upton.

STATEMENT OF FACTS

Charles H. Upton was appointed chief probation and parole officer for the northern district of California, on August 1, 1932, and is at present serving in that capacity.

The records of the General Accounting Office show payments on 11 travel expense vouchers, aggregating $223.83, to Mr. Upton for mileage under the act of February 14, 1931 (46 Stat. 1103), as amended, while traveling on official business in a privately owned automobile during the period from May 5, 1936, to February 13, 1937. The payments were made by George Vice, United States marshal, northern district of California, and credit therefor was withheld in the audit by the General Accounting Office of the accounts of Mr. Vice, for the reason that the automobile, at the time of travel, was registered in the name of Mrs. Charles H. Upton, the traveler's wife. The act of February 14, 1931, provided for the payment of mileage to an officer or employee of the United States only for travel performed in the traveler's own automobile.

In the evidence hereafter appended there will be found an affidavit from Mr. Upton in which he points out that he used as his own automobile, a Studebaker sedan, which was registered in the name of his wife, and which was owned jointly by him and his wife. Mr. Upton paid all necessary expenses in connection with the automobile and at all times regarded it as his own within the intendment of the authority to use own automobile, that is, “Probation system authorization No. 3, dated July 1, 1936. Department Order 2615, dated October 1, 1934.” It is further explained by Mr. Upton that he used this automobile for the purpose of making investigating trips which cost materially less than had he used common carriers.

The automobile has since that time been registered in the name of Mr. Upton.

Your committee is in receipt of a report from the Attorney General in which he states he has no objection to the enactment of the proposed legislation. There is also on file with your committee a report from the Comptroller General of the United States in which he recommends favorable consideration of the bill, and in this connection invites attention to the annual report of the General Accounting Office for the fiscal year ended June 30, 1938, page 1196, to the Congress, recommending an amendment to the act of February 14, 1931. In justification of the amendment it was said in part:

Having regard to the primary purpose of the statute to extend to the heads of the various departments and agencies authority to permit in their discretion the use of this mode of travel when economically and in other respects advantageous to the Government-the requirement that the automobile used be owned by the traveler would seem an immaterial requisite toward the protection of the Government's interest where there is to be considered only the savings, monetary or otherwise, accruing to the Government in the use of privately owned automobiles rather than the usual means of transportation by common carrier."

In view of the circumstances as above set forth, your committee recommend passage of the bill, as amended, crediting the accounts of George Vice, and thereby relieving Mr. Upton of the obligation of making reimbursement for the am disallowed.

Appended hereto is the report of the Attorney General, the report of the Comptroller General, and other pertinent evidence.

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