REIMBURSING CERTAIN NAVY PERSONNEL FOR PERSONAL PROP ERTY LOST OR DAMAGED AS THE RESULT OF A FIRE AT THE NAVAL AUXILIARY AIR FACILITY, ASTORIA, OREG., ON APRIL 2, 1944 FEBRUARY 20, 1945.-Committed to the Committee of the Whole House and ordered to be printed Mr. CHENOWETH, from the Committee on Claims, submitted the following REPORT [To accompany S. 215] The Committee on Claims, to whom was referred the bill (S. 215) to reimburse certain Navy personnel for personal property lost or damaged as the result of a fire at the naval auxiliary air facility, Astoria, Oreg., on April 2, 1944, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The facts in this case will be found fully set forth in Senate Report No. 38, of the Seventy-ninth Congress, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate. [8. Rept. No. 38, 79th Cong., 1st sess.] The Committee on Naval Affairs, to whom was referred the bill (S. 215) to reimburse certain Navy personnel for personal property lost or damaged as the result of a fire at the naval auxiliary air facility, Astoria, Oreg., on April 2, 1944, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the bill is to authorize and direct the Secretary of the Treasury to pay out of any money in the Treasury, not otherwise appropriated, the sum of $780, or such portion thereof as may be necessary, to reimburse certain Navy personnel for the value of personal property lost or damaged as the result of a fire at the naval auxiliary air facility, Astoria, Oreg., on April 2, 1944. The fire originated in the southwest corner of hangar No. 2, which was being used as a storeroom. The cause of the fire has not been definitely determined, although of accidental origin. A number of officers and enlisted men were required by their official orders to sleep in the hangar and the articles of clothing and other personal property were stored in lockers in said hangar, which articles were destroyed in the fire in question. The Navy Department is of the opinion that provision should be made for the payment of these claims as the claimants were occupying the building under orders of the Navy Department and the loss of, and damage to, their property occurred without fault or negligence on their part. The claims were examined by the Navy Department claims board, which board has found the value of the property lost and damaged to be $780. The claimants and the amounts of their claims are as follows: Claimant 1. Lt. Edward Arthur Arnold, Jr., U. S. Naval Reserve.. 4. Ensign John Carroll Dixon, U. S. Naval Reserve.. 5. Ensign Thomas Ray Evans, U. S. Naval Reserve. 6. Ensign John Hunt, U. S. Naval Reserve__ 9. Lt. (Jr. Gr.) William P. McFarland... 8. Lt. Ernest Delos Lest, U. S. Naval Reserve_. 7. Ensign Alton Monroe Klinger, U. S. Naval Reserve.. 61. 60 68. 25 4. 80 12. Duane Wilber Thorin, aviation chief pilot, U. S. Navy. 11. San Edward Prettymon, aviation chief metalsmith, U. S. Navy. 10. Carl Edward Schlee, yeoman, second class, U. S. Naval Reserve.. 33. 50 14. 25 14. 75 13. Kenneth Edward Clemensen, parachute rigger, third class, U. S. Navy. 54.00 14. Lt. Comdr. William Richard Leonard, Jr., U. S. Navy--- 4. 00 Total____. 86. 65 780.00 There is no authority of law by virtue of which the claims may be adjusted. The additional cost to the Government should this bill be enacted would not exceed $780. A similar bill passed the Senate of the Seventy-eighth Congress on December 14, 1944. The bill was introduced at the request of the Navy Department, and has been cleared by the Bureau of the Budget. STEVE HLASS FEBRUARY 20, 1945.-Committed to the Committee of the Whole House and ordered to be printed Mr. RAMEY, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 205] The Committee on Claims, to whom was referred the bill (H. R. 205) for the relief of Steve Hlass, having considered the same, report favorably therçon with an amendment and recommend that the bill, as amended, do pass. The amendment is as follows: Page 1, line 6, strike out the figures "$5,000" and insert in lieu thereof the figures "$1,000". The purpose of the proposed legislation is to pay the sum of $1,000 to Steve Hlass, of Russellville, Ark., in full settlement of all claims. against the United States as compensation for the death of his son, Robert Hlass, who was killed near the Prairie Grove School, on Highway (United States) No. 64, Russellville, Ark., on October 14, 1940. STATEMENT OF FACTS It appears that a Civilian Conservation Corps truck was proceeding in a westerly direction on Highway No. 64, approaching Prairie Grove School, just east of Russellville, Ark., at a speed of 25 or 30 miles per hour. The weather was clear, and the road was dry and paved with concrete. About the time the truck reached the school Robert Hlass and another boy ran out into the highway and was struck by the oncoming truck. The War Department is opposed to this legislation, as shown in its report of September 10, 1941. It states that the investigation officer found that the accident was unavoidable and that the Government driver was in no way responsible for the accident. Your committee disagrees with this report, as the record shows that there were school signs near this school, also signs marked "Slow," and this driver beyond any reasonable doubt was driving at a speed of from 25 to 35 miles per hour through this school zone. Sworn statements which are included in this report show that this driver was going as fast as 35 miles per hour and that after striking the boy he was unable to stop for a distance of 75 feet. The driver of the Government truck stated that he was going about 25 miles per hour. Two affidavits in this report state that he was heard to remark that he was going 35 miles per hour. In affidavit signed by Steve Hlass, the father of the boy, he states that the boy was a strong, healthy boy; that be helped on the farm. It is the opinion of your committee that the Government driver was negligent and did not use any degree of caution in proceeding through a school zone, and that Mr. Hlass should be compensated for the death of his son in some degree, and recommend that the sum of $1,000 be awarded him. Appended hereto is a report from the War Department, together with other pertinent evidence. Hon. DAN R. MCGEHEE, Chairman, Committee on Claims, WAR DEPARTMENT, Washington, September 10, 1941. House of Representatives, Washington, D. C. DEAR MR. MCGEREE: The War Department is opposed to the enactment of H. R. 4253, Seventy-seventh Congress, which would pay to Steve Hlass, of Russellville, Ark., the sum of $5,000, in full settlement of all claims against the United States for the death of his minor son, Robert Hlass, when struck by a Civilian Conservation Corps truck near Russellville, Ark., on October 14, 1940. On October 14, 1940, at about 3:40 p. m., a Government truck, operated in connection with the Civilian Conservation Corps, on official business, was proceeding in a westerly direction on Highway No. 64, approaching Prairie Grove School, 11⁄2 miles east of Russellville, Ark., at a speed of about 25 miles per hour. The weather was clear, and the road was dry and paved with concrete. When the truck was opposite the school, Robert Hlass and another boy ran out into the highway in front of the oncoming truck. In spite of the efforts of the Government driver to avoid an accident, the truck struck Robert Hlass, killing him instantly. The driver of the Government vehicle, a Civilian Conservation Corps enrollee, testified, at the time of the investigation of the accident, that as he approached Prairie Grove School, which was located on the south side of the road on which he was proceeding westerly, he reduced his speed from 30 miles per hour to 25 miles per hour; that a school bus was parked on the south side of the road in front of the school; that when he got within about 20 feet from the front of the school bus, two boys ran out, northwardly, in the road, apparently from in front of the school bus; that he applied his brakes as soon as he saw the boys and swerved to the right in an effort to miss them; that one boy stopped when he reached the center line, but the other (Robert Hlass) continued on in a diagonally westward direction, looking over his shoulder at the former boy and, apparently, not seeing the oncom ing vehicle; that when he, the driver, saw that his truck was not going to stop in sufficient time, he attempted to go between the two boys; that the right front of the Government truck struck Robert Hlass when the vehicle was about 2 feet from the north edge of the concrete paving; that the body was carried by the bumper of the vehicle for about 20 feet; that the brakes of the truck were in good shape at the time of the accident; and that a governor on the vehicle limited its peed to 30 miles per hour. The driver of a civilian passenger car, which was immediately behind the Government truck at the time of the accident, offered testimony to the effect that the truck's speed had been reduced to about 25 miles per hour at the time the that the driver of the Civilian Conservation Corps vehicle blew his horn, applied his brakes, and turned to the right in an apparent effort to avoid an accident; truck; that the boy who was not hit stopped right in front of the left fender of the vehicle and threw hinself back out of the way; and that, in his opinion, the acci dent was unavoidable on the driver's part. Another eyewitness, who was immediately across the street at the time of the accident, testified that "I don't see how the driver kept from killing both of the boys, and it was nearly impossible for him to miss this boy"; that had the Government driver turned to the left instead of the right, he would have struck the other boy and the school bus loaded with children; that he (the witness) rushed out immediately after the accident and picked up the boy who had been struck; and that the boy died immediately in his arms. Bobby Russell, age 10, in a signed statement before the investigating officer, stated that at about 3:45 p. m., on October 15, 1940, he was playing tag with Bobby Hlass in the schoolyard of Prairie Grove School; that Bobby Hlass had hit him and then had run straight across the highway; and that he had followed Bobby Hlass but had stopped at the middle of the highway when he saw the Civilian Conservation Corps truck coming from the east; that he had looked back, after returning to the schoolyard, and saw that Bobby Hlass had been hit. The Civilian Conservation Corps subaltern, who was later called to the scene of the accident, gave testimony that he drove the Government truck back to camp after the accident; that the brakes and steering mechanism were in good condition; and that the governor on the vehicle consistently cut out the power at 30 miles per hour. The investigating officer found that the accident was unavoidable and that the Government driver was in no way responsible for the accident. At the time of his death Robert Hlass was 10 years of age. No information is of record in the War Department as to whether any persons were wholly or partly dependent upon the deceased for support, but when such information is obtained it will be furnished to the committee. No claim has been filed with the War Department growing out of this accident. After a careful consideration of the evidence adduced in this case, it is the view of the War Department that the preponderance thereof tends to indicate that the proximate cause of the accident was negligence upon the part of Robert Hlass in heedlessly running into the highway before oncoming traffic. While deeply regretting the accident, the Department is constrained to recommend that the proposed legislation be not approved. Copy of the proceedings of the investigating officer in this case is enclosed for the information of the committee. Steve Hlass, being duly sworn, states: My name is Steve Hlass. I am 49 years of age. I live at Russellville, R. F. D. I am the father of Bobby Paul Hlass, who was killed on the 14th day of October 1940. My wife, Mrs. Frances Hlass, is living. She is 45 years of age. We have seven children: Sybil Hlass Wesley, 21 years old, Dardanelle, Ark.; Helen Hlass Phiffer, 21 years old, Dardanelle, Ark.; Joseph Hlass, 19 years old, Russellville, Ark.; Frank Hlass, 17 years old, now in the Army near Seattle, Wash.; Johnny Hlass, 16 years old, Russellville, Ark.; Steven Hlass, Jr., 11 years old, RussellVille, Ark.; and Tommy Hlass, 8 years old, Russellville, Ark. These are all and the only brothers and sisters of Bobby Paul Hlass. Bobby Paul Hlass was born August 12, 1929. Bobby Paul Hlass was a strong, healthy young boy. He helped me on the farm as well as the other children. He was very attentive, and he was never sick. I am a poor man and went over to Europe with the first shipload of soldiers during the World War, and I was among the last to come back, and I am not in good health. Bobby Paul, when he was hit by this car, I am told, only lived a few minutes, and the undertaking bill at Gardner-Pate Funeral Home, Russellville, was $170, and I attach a copy of the same to this affidavit, and marked "Paid in full." The expenses for the burial lot were $30. I bought this lot from W. P. Ferguson. The monument that I expect to buy for his grave will cost at least $100. I have not been able to buy this yet, because I had to pay the other debts first. H. Repts., 79-1, vol. 1-64 |