78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session { No. 1292 REPORT AMENDING AN ACT TO PROTECT THE LIVES, HEALTH, AND MORALS OF WOMEN AND MINOR WORKERS IN THE DISTRICT OF COLUMBIA MARCH 27, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. RANDOLPH, from the Committee on the District of Columbia, submitted the following REPORT [To accompany H. J. Res. 242] The Committee on the District of Columbia, to whom was referred the joint resolution (H. J. Res. 242) to amend an act entitled "An act to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes," approved September 19, 1918, as amended, having considered the same, report favorably thereon without amendment and recommend that the joint resolution do pass. The purpose of the bill is to permit the issuance of regulations without requiring their publication in the daily newspapers. Hon. SAM RAYBURN, Speaker, United States House of Representatives, FEBRUARY 16, 1944. Washington, D. C. MY DEAR MR. RAYBURN: The Commissioners of the District of Columbia have the honor to submit to you herewith a draft of an amendment of the act entitled An act to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes," approved September 19, 1918, as amended, in the form of a joint resolution, and to request its introduction and passage. The purpose and effect of the proposed legislation are as follows: The amendment to the Minimum Wage Board Act approved October 4, 1941, changed the name of the minimum Wage Board to the Minimum Wage and Industrial Safety Board and conferred additional duties on the Board to administer the provision of the amendment which was designed to foster, promote, H. Repts., 78-2, vol. 2 -44 and develop safety for wage earners in the District of Columbia in relation to their working conditions. The Board was given power to adopt and promulgate such rules and regulations as it may deem advisable to protect or safeguard the health of employees covered by the act. However, before any rules or regulations can become effective, the act requires that they be published at least once in two of the daily newspapers in general circulation in the District of Columbia. I am informed that the Board has compiled proposed rules or regulations for the construction industry which will cover some seventy-odd pages and that it would take approximately two and a half full pages of newspaper print to publish the same at a cost of approximately $2,800. The Board contemplates promulgating additional rules and regulations setting up minimum standards of safety for a number of other industries covered by the act. Due to paper being a critical material at this time and the great amount of cost for publication it is thought desirable to amend the law so that verbatim publication of the rules and regulations adopted by the Board will not be necessary and publication of a notice of the adoption and promulgation of such rules and regulations will suffice. As the Board is anxious to adopt and promulgate the proposed regulations above referred to, as soon as possible, I have suggested the amendment be in the form of a joint resolution, believing that this method will expedite the matter. The proposed draft was submitted to the Bureau of the Budget and returned to the Commissioners with the advice that there is no objection on the part of that Office to the presentation of the resolution to Congress. Respectfully, JOHN RUSSELL YOUNG, President, Board of Commissioners, District of Columbia. In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, the changes proposed by this bill are set out as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): SEC. 4. Before any rules or regulations of the Board shall become effective a public hearing shall be held by the Board for the purpose of investigating reasonable standards of safety in employment. places of employment, in the use of devices and safeguards, and in the use of practices, means, methods, operations, and processes of employment, and any person interested in the matter being investigated may appear and testify. If, after investigation, the Board is of the opinion that minimum standards of safety requirements are necessary to protect or safeguard the lives or health of employees covered by this title, it may adopt and promulgate such rules and regulations as it may deem advisable, which shall become effective thirty days after [they have been published at least once in two of the daily newspapers of general circulation in the District of Columbia.] publication of notice at least once in a newspaper of general circulation in the District of Columbia that they have been adopted and copies are available to the public at the office of the Board. O 瞿 78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session MR. AND MRS. FRANK HOLEHAN { No. 1293 REPORT MARCH 27, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. CARSON, from the Committee on Claims, submitted the following REPORT [To accompany S. 962] The Committee on Claims, to whom was referred the bill (S. 962) for the relief of Mr. and Mrs. Frank Holehan, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The facts will be found fully set forth in Senate Report No. 469, Seventy-eighth Congress, first session, which is appended hereto and made a part of this report. Your committee concur in the Senate recommendation. [S. Rept. No. 469, 78th Cong., 1st sess.] The purpose of the proposed legislation is to pay to Mr. and Mrs. Frank Holehan, of Los Angeles, Calif., the sum of $3,106.21 in full satisfaction of their claims against the United States for damage to certain property owned by them, which resulted when a United States Navy plane crashed into such property on November 25, 1942, and for loss of rent from such property as a result of such damage. STATEMENT OF FACTS According to the facts contained in the reports of the Department of the Navy, dated March 19, 1943, and June 1, 1943, addressed to Hon. Sheridan Downey, United States Senator, and Hon. Allen J. Ellender, chairman of this committee, respectively, a United States Navy airplane, on an authorized flight, crashed from a stall at low altitude into the house of Mr. and Mrs. Holehan, located at 1039 West One Hundred and Sixth Street, Los Angeles, Calif. The airplane and house caught fire, which spread to and damaged adjoining property belonging to claimants, located at 1035 and 1031 West One Hundred and Sixth Street. This matter was the subject of a Navy board of investigation. The Navy Department recommends that Mr. and Mrs. Holehan be paid the sum of $2,854.21 (plus the lost rent at $28 per month), itemized as follows: Replacement value of damaged appurtenances situated in the yards to Doctor bills incurred by Mrs. Holehan for personal treatment for nerv- Loss of rental on 1035 during period of repairs, 2 months at $28 per Loss of rental on 1039, at $28 per month, for 1 year.. Total___ $671. 05 279. 28 15. 00 1, 832. 88 56. 00 2, 854. 21 336.00 3, 190. 21 It appears that Mr. and Mrs. Holehan resided at 1031 West One Hundred and Sixth Street and rented their property located at 1035 and 1039. It also appears from the Navy report that only a comparatively small portion of the loss was covered by insurance. A claim, totaling $2,854.21, was submitted by Mr. and Mrs. Holehan to the commanding officer, naval air station, Terminal Island, which agreed fairly well with the estimate of the damage made by a naval board of investigation, but did not include the loss of rental on the house located at 1039. The claim submitted by Mr. and Mrs. Holehan is the loss sustained by them after deducting payments made by the insurance companies. The Navy Department considers the claim of Mr. and Mrs. Holehan, the Buffalo Insurance Co., and the Miller Insurance Co. meritorious. After careful consideration of the evidence submitted, your committee feel that the accident and resulting damage occurred through no negligence on the part of Mr. and Mrs. Holehan, and recommend that they be allowed the sum of $3,190.21, as above itemized, in full satisfaction of their claim. It is the belief of the committee, however, that the claims of the Buffalo Insurance Co. and the Miller Insurance Co. are not meritorious or justified, in that these companies collect premiums for the risks they took in insuring these premises. Therefore, the committee have amended the bill to exclude the claims of these companies, and recommend favorable consideration of the proposed legislation. Appended hereto is the report of the Navy Department. Hon. ALLEN J. ELLENDER, Chairman, Committee on Claims, NAVY DEPARTMENT, United States Senate, Washington, D. C. MY DEAR MR. CHAIRMAN: Reference is made to bill (S. 962) for the relief of Mr. and Mrs. Frank Holehan, the Buffalo Insurance Co., and the Miller Insurance Co., and your letter dated April 9, 1943, requesting a report relating to the matter, together with an opinion as to its merits. The purpose of the bill is to authorize the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, to Mr. and Mrs. Frank Holehan, of Los Angeles, Calif., an unstated sum, to the Buffalo Insurance Co. the sum of $479.91, and to the Miller Insurance Co. the sum of $307.26, in full satisfaction of their respective claims against the United States for damage resulting from the crash of a Navy airplane at Los Angeles on November 25, 1942. The records of the Department disclose that on November 25, 1942, United States Navy airplane SNV-1 No. 12842 was on an authorized flight from the United States naval air station at Terminal Island, Calif. When the airplane was over Los Angeles it crashed from a stall at low altitude into the house of Mr. The and Mrs. Holehan, located at 1039 West One Hundred and Sixth Street. airplane and house caught fire, which spread to and damaged adjoining property belonging to Mr. and Mrs. Holehan located at 1035 and 1031 West One Hundred and Sixth Street. The cause of the stall is not known. The pilot and a passenger were killed and the airplane was totally wrecked. It appears that Mr. and Mrs. Holehan resided at 1031 West One Hundred and Sixth Street and rented their property located at 1035 and 1039. It also appears that only a comparatively small portion of the loss which they sustained was covered by insurance. A claim totaling $2,854.21, was submitted by Mrs. Holehan to the commanding officer, naval air station, Terminal Island. This sum presumably represented the uninsured portion of the physical damages to the property and included a doctor's bill of $15, for treatment of Mrs. Holehan for shock, and 2 months' loss of rental on the house at 1035 West One Hundred and Sixth Street during the repair period, amounting to $56, but no item for loss of rental on the house located at 1039. The amount of the claim agreed fairly well with the estimate of the damage made by a naval board of investigation convened to investigate the crash. A claim was also presented by the Buffalo Insurance Co., in the sum of $479.91, which company contended that it had paid Mr. and Mrs. Holehan that amount on account of their losses and were subrogated to that extent. No claim has been received from the Miller Insurance Co., which apparently is now asserting a subrogated claim. Copies of all papers available to the Navy Department relating to the claim of Mr. and Mrs. Holehan, and the Damage to Property Report, prepared by the senior member of the board of investigation convened to investigate the crash, were transmitted to Senator Downey on March 19, 1943, and it is assumed that this information is available to the Committee on Claims. The claims here involved cannot be settled by the Secretary of the Navy under any existing appropriation for the Navy or the naval service. Subject to the qualification that the Navy Department lacks accurate information as to the exact monetary damages suffered by Mr. and Mrs. Holehan, the Buffalo Insurance Co. and the Miller Insurance Co. as a result of the crash of Navy airplane SNV-1 No. 12842, bill S. 962 is considered meritorious. The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this report to the committee. Very truly yours, RALPH A. BARD, Assistant Secretary of the Navy. O |