18TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

{

REPORT No. 1344

MRS. WINNIE SINGLETON, AS ADMINISTRATRIX OF THE ESTATE OF GAYLORD W. SINGLETON, DECEASED

APRIL 12, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. PATTON, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 2916]

The Committee on Claims, to whom was referred the bill (H. R. 2916) for the relief of Mrs. Winnie Singleton, as administratrix of the estate of Gaylord W. Singleton, deceased, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Page 1, line 5, after the word "to", strike out the bill down to the colon, and insert in lieu thereof:

Mrs. Winnie Singleton, as administratrix of the estate of Gaylord W. Singleton, deceased, the sum of $5,035, in full settlement of all claims against the United States arising from the death of said Gaylord W. Singleton who was killed on August 26, 1942, as the result of the crash of an Army airplane at the Lubbock Army Flying School, Lubbock, Texas.

Amend title so as to read:

A bill for the relief of Mrs. Winnie Singleton, as administratrix of the estate of Gaylord W. Singleton, deceased.

The purpose of the proposed legislation is to appropriate the sum of $5,035 to Winnie O'Dell Singleton, as administratrix of the estate of Gaylord W. Singleton, deceased, in full settlement of all claims against the United States arising from the death of the said Gaylord W. Singleton, who died as the result of an airplane accident on August 26, 1942, at the Lubbock Army Flying School, Lubbock, Tex.

STATEMENT OF FACTS

It appears that on August 26, 1942, at about 12:22 p. m., two Army airplanes from Lubbock Army Flying School, Lubbock, Tex., piloted by aviation cadets from the school, who were practicing flying in a

15-ship echelon formation, collided in midair. One of the planes crashed near the hangar line at the Lubbock Army Flying School and the other crashed into the cadet tailor shop at the school. As a result of the accident four aviation cadets and Mr. Gaylord W. Singleton were killed.

Mr. Singleton was operating the tailor shop as a concessionaire under contract with the Lubbock Army Flying School Exchange. The board of officers that investigated the accident found that it had occurred without fault or negligence of pilots or copilots involved in a routine training flight, and that the aviation cadets involved in the routine training flight were inexperienced in formation flying.

Mr. Singleton was 33 years of age at the time of his death and left surviving his widow, Winnie Singleton, age 25 years, and a son, Jimmie Dale Singleton, age 4 years, both of whom were wholly dependent upon him for support. The earnings of Mr. Singleton at the time of his death were estimated at from $300 to $400 per month.

The War Department recommends the proposed legislation, as amended. Its report of February 23, 1944, gives a full account of the accident and its recommendations. Therefore, your committee concur in the recommendation of the War Department and recommend favorable consideration to the bill, as amended.

Appended hereto is the report of the War Department.

WAR DEPARTMENT, Washington, February 23, 1944.

Hon. DAN R. McGEHEE,
Chairman, Committee on Claims,

House of Representatives.

DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 2916, Seventy-eighth Congress, in its present form. This bill would authorize and direct the Secretary of the Treasury to pay "to Mrs. Winnie O'Dell Singleton, a sum of $5,000; to Mrs. Winnie O'Dell Singleton as duly and legally appointed and qualified administratrix of the estate of Gaylord W. Singleton, deceased, the sum of $685; to Jimmie Dale Singleton, a minor, the sum of $5,000, in full settlement of all claims arising from the death of Gaylord W. Singleton, husband of Mrs. Winnie O'Dell Singleton and father of Jimmie Dale Singleton, the said Gaylord W. Singleton having been killed in an airplane accident on August 26, 1942, at the Lubbock Army Flying School, Lubbock, Tex., the said Gaylord W. Singleton being post tailor for said Lubbock Army Flying School and his said death occurring as the result of the crash of two Army planes which collided in midair and one of which fell into the tailor shop operated by deceased, crushing him to death." The bill further provides that "payment of the $5,000 for Jimmie Dale Singleton, a minor, shall be made to Mrs. Winnie O'Dell Singleton as the duly authorized and qualified legal guardian of said minor"; that "the $5,000 provided for her in her own individual right shall be paid directly to her"; and that "the $685, being compensation for the loss of four sewing machines, threads, braids, and other materials, storage cases, mirrors, and other tailor shop equipment belonging to the said Gaylord W. Singleton, shall be paid to Mrs. Winnie O'Dell Singleton as duly and legally appointed and qualified administratrix of the estate of the said Gaylord W. Singleton." The Department, however, would interpose no objection to the enactment of the bill if it should be so amended as to authorize the payment of $5,035 to Winnie Singleton, as administratrix of the estate of Gaylord W. Singleton, deceased, in full settlement of all claims against the United States growing out of the death of said Gaylord W. Singleton.

On August 26, 1942, at about 12:22 p. m., two Army airplanes from Lubbock Army Flying School, Lubbock, Tex., piloted by aviation cadets from said school, who were practicing flying in a 15-ship echelon formation, collided in midair. One of the planes crashed near the hangar line at the Lubbock Army Flying School and the other crashed into the cadet tailor shop at the school. As a result of the accident four aviation cadets (the pilot of one plane, the copilot of

the other, and two cadets who at the time were in the tailor shop as customers) and Gaylord W. Singleton, of 1212 Tenth Street, Lubbock, Tex., were killed. Mr. Singleton was operating the tailor shop as a concessionaire under contract with the Lubbock Army Flying School Exchange. The board of officers that investigated the accident found that it had occurred "without fault or negligence of pilots or copilots involved in a routine training flight" and that "the aviation cadets involved in the routine training flight were inexperienced in formation flying."

Mr. Singleton was 33 years of age at the time of his death and left surviving his widow, Winnie Singleton, age 25 years, and a son, Jimmie Dale Singleton, age 4 years, both of whom were wholly dependent upon him for support. The earnings of Mr. Singleton at the time of his death were estimated at from $300 to $400 per month. The evidence shows that Mrs. Singleton received the proceeds of an insurance policy upon the life of Mr. Singleton in the amount of $5,000; and that the expenses incurred for his funeral in the amount of $150 were paid by the Rix Burial Association of which he was a member. He was not covered by workmen's compensation insurance, since he was an independent contractor engaged in business for himself.

It appears that Mr. Singleton was the owner of four sewing machines, a press, boiler, and other miscellaneous items of equipment, and that Mrs. Singleton was the owner of one sewing machine, all located in the cadet tailor shop at the Lubbock Army Flying School, which property was damaged as a result of the accident. The Lubbock Army Flying School Exchange purchased all of this equipment from Mrs. Singleton individually and as survivor of the community estate of herself and Gaylord W. Singleton, deceased, for the sum of $450. According to Mrs Singleton, this property would not have had a market value in excess of $450 immediately before the accident, from which it would appear that she has sustained no loss by reason of damage to equipment as a result of this accident. Mrs. Singleton states that in addition to the expenses which were incurred in the amount of $150 for the burial of her husband and which were paid by the Rix Burial Association, she purchased a cemetery lot for the burial of Mr. Singleton at a cost of $35. She further stated on July 17, 1943, that she was then employed at the Sunbeam Laundry in Lubbock, Tex., but the amount of her earnings is not stated.

Inasmuch as the death of Mr. Singleton, the damage caused to his personal property, and the other incidental expenses occasioned by the accident resulted through no fault or negligence on his part but rather through an instrumentality of the Government for which the Government may properly assume responsibility it is the view of the War Department that his estate should be compensated for his death and for any other losses and expenses which it has incurred by reason of the accident and for which it has not already received compensation. As hereinbefore stated, the burial expenses, with the exception of $35 paid for a cemetery lot, have been paid by the Rix Burial Association, and the tailor shop equipment owned by Mr. Singleton and the one sewing machine belonging to Mrs. Singleton which were in the shop at the time of the accident were purchased by the Lubbock Army Flying School Exchange for a price which Mrs. Singleton regarded as adequate. In this connection she made the following statement in an affidavit dated July 17, 1943:

"However, the Lubbock Army Flying School Exchange, Lubbock, Tex., on September 21, 1942, paid to affiant, individually and as survivor of the community estate of Winnie Singleton and Gaylord W. Singleton, deceased, the sum of $400 as the full purchase price of sewing machines, press, boiler, and other miscellaneous items of equipment owned by either the said Gaylord W. Singleton before his death or by affiant or owned jointly by the said Gaylord W. Singleton and affiant. And, thereafter, on October 22, 1942, affiant received from the Lubbock Army Flying School Exchange, Lubbock, Tex., the sum of $50 in full payment of a sewing machine which I claimed as my separate property. The said property did not on August 26, 1942, immediately prior to the said accident, have a market value in excess of $450 and affiant is not either individually or in her capacity as survivor of the community estate of Winnie Singleton and Gaylord W. Singleton, deceased, asserting any claim that the said property situated in the said tailor shop had a value in excess of the said sum of $450."

From the foregoing it would appear that the estate of Gaylord W. Singleton, deceased, and Mrs. Singleton have already been compensated for the damage caused to personal property and that no further payment should be made on account of such damage. The item of $685 which the proposed legislation would appropriate for property damage should, therefore, be eliminated from the bill.

The records of the War Department show that on September 1, 1942, Winnie Singleton was appointed temporary administratrix of the estate of Gaylord W. Singleton, deceased, and that she duly qualified as such administratrix and is still acting in that capacity.

The aggregate amount of the proposed awards provided for in the bill, $10,685, is excessive. The War Department, however, would interpose no objection to the enactment of the bill if it should be so amended as to authorize the payment to Winnie Singleton, as administratrix of the estate of Gaylord W. Singleton, deceased, of the sum of $5,035 ($5,000 for the death of Mr. Singleton; and $35, cost of cemetery lot), in full settlement of all claims against the United States growing out of the accident in question.

For the purpose of clarity it is suggested that everything after the words "appropriated, to" on line 5, page 1 of the bill, and before the word “Provided" on line 19, page 2 of the bill, be stricken out, and that in lieu thereof there be inserted the following:

"Mrs. Winnie Singleton, as administratrix of the estate of Gaylord W. Singleton, deceased, the sum of $5,035, in full settlement of all claims against the United States arising from the death of said Gaylord W. Singleton who was killed on August 26, 1942, as the result of the crash of an Army airplane at the Lubbock Army Flying School, Lubbock, Texas:"

The fiscal effect of the bill is manifest.

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

ROSS ENGINEERING CO.

REPORT No. 1345

APRIL 12, 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 H. R. 2965]

The Committee on Claims, to whom was referred the bill (H. R. 2965) for the relief of Ross Engineering Co., having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to appropriate the sum of $5,964.22 to the Ross Engineering Co., of Washington, D. C., in full settlement of all claims against the United States in connection with a contract with the Federal Works Administration, Public Building Administration, for the construction of the post office and courthouse at Fairmont, W. Va.

STATEMENT OF FACTS

The Ross Engineering Co. entered into a contract with the Federal Works Administration to do work in West Virginia. The contract was dated July 26, 1940, at which time there was no condition or provision either precedent or subsequent to the contract that there would be any taxes involved. The bid covering this construction work was not predicated upon the theory that the contractor would have to pay any taxes. The contract amounted to $333,000 and the work was to be performed within 360 calendar days after the date of receipt of notice to proceed. Notice to proceed was dated August 13, 1940. The State of West Virginia assessed this tax. The right of the State to collect this tax was grounded entirely upon the act of Congress known as Public, No. 819, Seventy-sixth Congress, approved October 9, 1940, and effective January 1, 1941, or 6 months after the work was started. That law compelled the contractor, the Ross Engineering Co., to pay a State tax in the amount in which this bill is drawn; namely, $5,964.22.