Employees' Compensation Act of September 7, 1916, the Commission was without authority of law to consider the merits of any claim she might file for compensation for disability resulting from a 1927 injury, and she was so advised by letter dated October 31, 1941. The proposed measure is apparently designed to waive in favor of Mrs. Ring the bar of the time limitations contained in sections 15 to 20, inclusive, of the Federal Employees' Compensation Act of September 7, 1916, on account of injuries she is alleged to have sustained to her back during the winter months of 1927-28, and to leave the Commission free to determine the merits of Mrs. Ring's claim, if filed not later than 60 days after the date of the enactment of the bill, and to afford her such measure of relief as the facts when established may show her to be entitled to under the Compensation Act. In view of the foregoing, the Commission makes no recommendation as to the advisability of the enactment of the bill, H. R. 2846. This report has been submitted to the Bureau of the Budget pursuant to Budget Circular 390 dated June 1, 1942; and has been returned with the advice that there would be no objection to the submission thereof to the House committee for its consideration. Very truly yours, JEWELL W. SwOFFORD, Chairman. о FEBRUARY 23, 1944.-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. 3114] The Committee on Claims, to whom was referred the bill (H. R. 3114) for the relief of Ruth Coe, having considered the same, report favorably thereon without amendment and recommend that the bill as amended do pass. The purpose of the proposed legislation is to appropriate the sum of $302.78 to Ruth Coe, of Mount Pleasant, Iowa, in full settlement of all claims against the United States for property damage sustained when her automobile was struck by a Work Projects Administration truck immediately after the driver of said truck had succumbed to a heart attack on January 12, 1943, in Burlington, Iowa. STATEMENT OF FACTS It appears that on January 12, 1943, Mr. Ben Cooley, employed as a truck operator by the Work Projects Administration, was operating a Government-owned truck while engaged within the scope of his employment; that the truck was proceeding in a westerly direction on Washington Street, Burlington, Iowa, when Mr. Cooley suffered a heart attack and succumbed immediately to such attack; and that the truck then veered to the left side of the street, striking and demolishing the automobile of Ruth Coe, which was properly parked in an officially designated area on the south side of the street. Ruth Coe presented a claim in the sum of $302.78 to the Work Projects Administration for damage to the automobile. However, the claim could not be paid for the reason that negligence as required by their regulations was not established. The Federal Works Agency in its report of August 18, 1943, states: This Agency is of the opinion that the accident was an unfortunate occurrence which resulted in damage to the automobile of Ruth Coe through no act of her own. However, since the damage resulted from Work Projects Administration project activity, this Agency will interpose no objections to the enactment by the Congress of the proposed legislation. Therefore it is the opinion of your committee that this proposed legislation should be enacted into law, and recommends favorable consideration to same. Appended hereto is the report of the Federal Works Agency, together with other pertinent evidence. FEDERAL WORKS AGENCY, The Honorable DAN R. McGEHEE, Chairman, Committee on Claims, House of Representatives. DEAR MR. MCGEHEE: Reference is made to your letter of July 9, 1943, and to my reply thereto of July 15, 1943, concerning H. R. 3114, a bill for the relief of Ruth Coe. The bill proposes to appropriate to Ruth Coe, of Mount Pleasant, Iowa, the sum of $302.78, in full settlement of all claims against the United States for property damaged sustained when her automobile while parked on the south side of Washington Street, in Burlington, Iowa, was struck by a Work Projects Administration truck immediately after the driver of said truck had succumbed to a heart attack, on the morning of January 12, 1943. It appears that on January 12, 1943, Ben Cooley, employed as a truck operator by the Work Projects Administration, was operating a Government-owned truck while engaged within the scope of his employment; that the truck was proceeding in a westerly direction on Washington Street, Burlington, Iowa, when Ben Cooley suffered a heart attack and succumbed immediately to such attack; and that the truck then veered to the left side of the street, striking and demolishing the automobile of Ruth Coe, which was properly parked in an officially designed area on the south side of the street. The coroner's report indicates that Ben Cooley died of coronary thrombosis while operating the truck. Ruth Coe presented a claim in the sum of $302.78 to the Work Projects Administration for damage to the automobile. The claim was considered under section 19 of the Emergency Relief Appropriation Act, fiscal year 1943 (56 Stat. 634); however, the claim could not be allowed for the reason that negligence, as required by the act, on the part of the Work Projects Administration truck operator was not established. The automobile is described as a 1937 Plymouth 4-door sedan. The amount of the claim appears to be reasonable; it was computed by averaging the repair estimates submitted by three garages. The amount is further established by the statement of a local Plymouth dealer which indicates that immediately prior to the accident the automobile had a cash value of $350 to $375 and that the salvage value after the accident was $75. This Agency is of the opinion that the accident was an unfortunate occurrence which resulted in damage to the automobile of Ruth Coe through no act of her own. However, since the damage resulted from Work Projects Administration project activity, this Agency will interpose no objections to the enactment by the Congress of the proposed legislation. There are enclosed photostatic copies of pertinent papers from the files of this Agency. The Bureau of the Budget advises me that there would be no objection to the submission of this report to your committee. Sincerely yours, ALAN JOHNSTONE, General Counsel. APRIL 12, 1943. DAILEY & DAILEY, Burlington, Iowa. GENTLEMEN: Reference is made to your letter of March 26, 1943, taking issue with the Administration's determination of the claim of Miss Ruth Coe, Mount Pleasant, Iowa, and requesting a reconsideration of the matter. Although the Administration is always desirous of determining claims fairly and equitably, such determinations must be made in accordance with the limitations set forth in the applicable statute. The statute specifically limits the authority of this Administration to the consideration and determination of claims for damage to privately owned property caused by the negligence of an employee of the Work Projects Administration, and since the statute is merely a relaxation of the general rule that the Government of the United States, acting in its sovereign capacity, is not responsible for the torts of its officers or employees, the limitations set forth therein must be strictly, rather than liberally, construed as suggested in your letter. The Administration realizes that your client's automobile was parked at the time of the accident and that she was in no way responsible for the unfortunate occurrence. However, since the evidence establishes that the Work Projects Administration truck operator sustained a heart attack and died suddenly, the Administration is constrained to affirm its previous determination disallowing the claim as not falling within the limitations of the applicable statute. It may be added that the only way in which the instant claim can be determined is through the medium of private relief legislation and that, since the introduction of such legislation rests solely in the discretion of the Members of Congress, it is incumbent upon vou to take the matter up with your clients' Congressman. Yours very truly, WM. E. LINDEN, General Counsel. CORONER'S OFFICE, DES MOINES COUNTY, Coroner case: Benjamin Cooley, Burlington, Iowa. [SEAL] True copy. EDWARD A. NORTHLY, BURLINGTON, Iowa. I, C. L. Pitzer, wish to state as I was entering car in front of my business, noticed a truck coming up the hill diagonally across the street. My first impression was that the driver was intoxicated but when I looked again the driver was straightened out in the cab of the truck. I leaped back to get away from the car; when the truck had stopped I went to the cab and noticed the driver was what I thought dead. Someone called the police; when they arrived they took charge. The car that was hit was parked in my driveway awaiting to be inspected. The owner is Ruth Coe, Rural Free Delivery 1, Mount Pleasant, Iowa. This 1st day of January 1943. (Signed) C. L. PITZER. CHAS. E. LONG, Sr., H. Repts., 78-2, vol. 2- -5 Witness to signature, |