LABORATORY REPORTS Name: Salfi, John; ward No. 4; bed, fl. 1; Dr. Ruisi; hospital No. 12606. Urinalysis.-Color, amber; character, cloudy; reaction, acid; S. G., 1,026; W. B. C., 6-7; albumin, 1 plus; blood, rare; sugar, 2 plus; acetone, negative; remarks: adm. and post-op. Z. N. A. October 11, 1940. Miscellaneous. Specimen: Blood type O IV; report: Patient compatible with donor, Vincent Salfi, type 017, 14 Park Avenue, town telephone 2519. Other donors the same type as patient are Henry Salfi, address same as patient; E. J. Orsenigo, 19 Chestnut Street. Z. N. A. October 11, 1940. W. B. C., 15,850; platelets, normal. Schilling: Count, 100; Baso., 0; Eosins., 0; Myelos., 0; Juveniles, 0; Stabs., 50; Segs., 32; Lymphs., 18; Monos., 0. Z. N. A. October 13, 1940. Urinalysis.-Color, amber; character, cloudy; reaction, acid; S. G., 1,020; W. B. C., 2-3; albumin, negative; sugar, trace; acetone, negative; bacteria, few; Remarks, routine. A. F. H. October 15, 1940. Miscellaneous.-Specimen: Blood hinton and Wassermann are negative on patient and on the following donors: Vincent Selfi, Henry Selfi, E. J. Orsenigo. October 16, 1940. Urinalysis.-Color, straw; character, cloudy; reaction, acid; S. G. 1,020; W. B. C., 3-4; albumin, negative; sugar, negative; acetone, negative; Remarks: Many spermatozae. Z. N. A. October 22, 1940. Urinalysis.-Color, straw; character, cloudy; reaction, alkali; S. G. 1,015; W. B. C., 1-2; albumin, negative; blood, 1-2; sugar, negative; acetone, negative; bacteria, few. Remarks: Routine. A. F. H. October 29, 1940. Urinalysis. Color, straw; character, cloudy; reaction, acid; S. G. 1,011; albumin, negative; sugar, negative; acetone, negative. Remarks: Routine. Z. N. A. November 5, 1940. 78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session DUFFY BROS., INC. { REPORT No. 1342 APRIL 12, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. KEOGH, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2576] The Committee on Claims, to whom was referred the bill (H. R. 2576) to confer upon the Court of Claims to determine and render judgment for any losses suffered by Duffy Bros., Inc., having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is that notwithstanding the lapse of time and notwithstanding section 4 of the act of June 16, 1934 (48 Stat. 975), jurisdiction is hereby conferred upon the Court of Claims to consider all questions of law and fact and to determine and render judgment for any losses suffered by Duffy Bros., Inc., resulting from alleged increased costs of performing a contract entered into between said Duffy Bros., Inc., and the United States, said costs allegedly being increased as a result of the enactment of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 193): Provided, that such suit shall be brought within 6 months of the enactment of this act. STATEMENT OF FACTS It appears that Duffy Bros., Inc., was the subcontractor who provided all of the work, labor, and materials in connection with the metal furring, lathing, and plastering work in the erection of the United States Courthouse Building, located at Foley Square, in the Borough of Manhattan, New York. The corporation heretofore filed its claim in the sum of $52,014.78, representing the amount due it by reason of the difference in the rate of wages required to be paid by it to its employees as a result of the enactment of the National Industrial Recovery Act and the prevailing rate of wage existing at the time of the rendition of said work and furnishing of materials. The corporation did not file its claim within the statutory period of time due to inadvertence and omission on the part of its then attorney to whom it had entrusted the matter. Neither the corporation nor any of its officers were themselves familiar with the provisions of the statute enabling it to submit and file said claims. The failure to file its claim as required was in nowise due to any fault on its part or on the part of any of its officers. The loss sustained by the corporation by reason of the requirement that it pay such increased wages is burdensome and has materially affected the conduct of its business. It is the opinion of your committee that Duffy Bros., Inc., should have its day in court and recommend that jurisdiction be conferred upon the Court of Claims to hear, determine, and render judgment upon their claim. Therefore, your committee recommend favorable consideration to the proposed bill. Appended hereto is the report of the Comptroller General of the United States, together with other pertinent evidence. ASSISTANT COMPTROLLER General of tHE UNITED STATES, Hon. DAN R. McGEHEE, House of Representatives. MY DEAR MR. CHAIRMAN: Further reference is made to your letter of February 7, 1944, acknowledged February 8, requesting a report on H. R. 2576. Seventy-eighth Congress, entitled "A bill to confer jurisdiction upon the Court of Claims to determine and render judgment for any losses suffered by Duffy Bros., Inc.," which bill provides as follows: "That notwithstanding the lapse of time and notwithstanding section 4 of the Act of June 16, 1934 (48 Stat. 975), jurisdiction is hereby conferred upon the Court of Claims to consider all questions of law and fact and to determine and render judgment for any losses suffered by Duffy Brothers, Incorporated, resulting from alleged increased costs of performing a contract entered into between said Duffy Brothers, Incorporated, and the United States, said costs allegedly being increased as a result of the enactment of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 193): Provided, That such suit shall be brought within six months of the enactment of this Act. "Any judgment rendered in favor of the claimant, Duffy Brothers, Incorporated, shall be paid in the same manner as other judgments of said Court of Claims are paid." The alleged contract referred to in the bill as having been entered into between Duffy Bros., Inc., and the United States is not identified in the bill either by date, number, or subject matter. Since the title of the bill merely indicates its purpose is to confer jurisdiction upon the Court of Claims to determine and render judgment "for any losses suffered by Duffy Bros., Inc.," the true scope of the bill cannot be determined either from its title or context and, therefore, I am unable to state with certainty whether the matter involved has been presented here by Duffy Bros., Inc. However, it does appear of record that Duffy Bros., Inc., filed a petition in the Court of Claims seeking recovery, under the act of June 25, 1938 (52 Stat. 1197), of the sum of $52,014.78, claimed to be due as increased costs incurred as a result of the enactment of the National Industrial Recovery Act of June 16, 1933, in connection with the performance of work as a subcontractor under contract No. Tlsa-3955, dated January 19, 1933, entered into by the United States with James Stewart & Co., Inc., for the construction of the United States courthouse at New York City. By the said act of June 25, 1938, jurisdiction was conferred upon the Court "of Claims to hear, determine, and enter judgments against the United States upon the claims of contractors, including completing sureties and all subcontractors and materialmen performing work or furnishing material to the contractor or another subcontractor, whose contracts were entered into on or before August 10, 1933, for increased costs incurred as a result of the enactment of the National Industrial Recovery Act, and providing that the act should apply only to such contractors, including completing sureties and all subcontractors and materialmen, whose claims were presented within the limitation period prescribed in section 4 of the act of June 16, 1934 (48 Stat. 974), that is, within 6 months from the date of approval of that act or, at the option of the claimant, within 6 months after the completion of the contract, except in the discretion of the Comptroller General for good cause shown by the claimant. The claim sued upon had not been presented to the General Accounting Office and, in an opinion rendered November 6, 1939 (89 C. Cls. 528), the Court of Claims dismissed the petition for the reason that the plaintiff had failed to comply with the provisions of the said section 4 of the act of June 16, 1934. It appears from the language of the present bill that one of its purposes is to waive the requirements of the said section 4 and thus permit the claimant to have judicial consideration of its claim notwithstanding the fact that such consideration is denied other claimants similarly situated. No reason is apparent for specially favoring the claimant herein when it had the same opportunity as hundreds of other claimants to present a claim under the said act of June 16, 1934. Accordingly, I have to report that there appears to be no merit in the bill (H. R. 2576). Sincerely yours, STATE OF NEW YORK, County of New York, ss: Francis J. Duffy, being first duly sworn, deposes and says: I am the president of Duffy Bros. Inc., a corporation organized and existing under the laws of the State of New York. Said corporation was the subcontractor who provided all of the work, labor, and materials in connection with the metal furring, lathing, and plastering work in the erection of the United States courthouse building located at Foley Square, in the Borough of Manhattan, city and State of New York. Said corporation heretofore filed its claim in the sum of $52,014.78 representing the amount due it by reason of the difference in the rate of wages required to be paid by it to its employees as a result of the enactment of the National Industrial Recovery Act and the prevailing rate of wage existing at the time of the rendition of said work and furnishing of materials. The corporation did not file its claim within the statutory period of time due to inadvertence and omission on the part of its then attorney to whom it had entrusted the matter. Neither the corporation nor any of its officers were themselves familiar with the provisions of the statute enabling it to submit and file said claims. The failure to file its claim as required was in no wise due to any fault on its part or on the part of any of its officers. That the loss sustained by said corporation by reason of the requirement that it pay such increased wages is burdensome and has materially affected the conduct of its business. Sworn to before me this 28th day of October 1942. Commission expires March 30, 1944. FRANCIS J. Duffy. ANNE MCGUIRE, Notary Public, Queens County. IN THE UNITED STATES COURT OF CLAIMS Docket No. DUFFY BROS., INC., AGAINST THE UNITED STATES OF AMERICA PETITION To the Honorable Judges of the United States Court of Claims: I That at all times hereinafter mentioned, the petitioner was and still is a corporation created by and existing under and by virtue of the laws of the State of New York, having its principal office or place of business in the City of New York, in the County of New York, and the State of New York, engaged in the business of plastering contractors. II That heretofore and on or about the 19th day of January, 1933, James Stewart Co. Inc. entered into a certain contract in writing with the United States Government (Treasury Department) wherein and whereby the said James Stewart Co. Inc. undertook to furnish certain work and materials in the erection of the United States Courthouse Building at Foley Square, Duane, Park & Pearl Streets, in the City and State of New York, in accordance with the general conditions, plans, and specifications prepared by Cass Gilbert, Inc., and the Supervising Architect of the Treasury of the United States Government. III That thereafter and on or about the 24th day of April 1933 a contract in writing was made and entered into between the petitioner, Duffy Bros. Inc., as subcontractor, and James Stewart Co., Inc., as the contractor, wherein the petitioner agreed to furnish and provide all the labor, work, and materials necessary or required to fully complete all of the metal furring, lathing, and plastering work in the erection of the United States Courthouse Building, located at Foley Square, Duane, Park & Pearl Streets, in the City and State of New York. A copy of said contract is hereto annexed and marked "Exhibit A". IV That thereafter and on or about the 30th day of August, 1934, the petitioner entered into the performance of said contract in accordance with its terms and was so engaged up to and including the 16th day of January 1936. That the petitioner duly performed all terms and conditions of the contract aforesaid on its part to be performed. V That in the conduct of petitioner's work, under said contract and in the performance thereof, petitioner necessarily employed plasterers, plasterers' apprentices, plasterers, superannuated, plasterers' supervisors, plasterers' laborers and plasterers' laborers' supervisors. VI That the general conditions, plans, and specifications prepared by Cass Gilbert, Inc., and the Supervising Architect of the Treasury contained, among other clauses, the following: * 9. RATE OF WAGE. * The following paragraph pertaining to the rate of wage shall apply to every contract in excess of five thousand dollars ($5,000) in amount: The rate of wage for all laborers and mechanics employed by the contractor, or any subcontractor, on the Public Building covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city, town, village or other civil division of the state in which the Public Building is located. In case any dispute arises as to what are the prevailing rate of wages for work of a similar nature applicable to the contract which cannot be adjusted by the contracting officer, the matter shall be |