MARCH 17, 1943. Re: Ruth Coe, Mount Pleasant, Iowa. Messrs. DAILEY & DAILEY, Burlington, Iowa. GENTLEMEN: There has been received in this office the claim of your client, above named, in the sum of $302.78, for amage to an automobile, for consideration under the statute authorizing this Administration to consider and determine claims for damage to privately owned property caused by the negligence of an employee of the Work Projects Administration. The evidence in the file establishes that the operator of the Work Projects Administration truck which damaged your client's automobile suffered a heart attack and died immediately before the accident. Since the accident did not result from any negligence on the part of the Work Projects Administration employee, the Administration, although regretting the damage sustained by your client, must disallow the claim. Yours very truly, WM. E. LINDEN, General Counsel. THOMAS MOTOR CO., MEMORANDUM ESTIMATE OF REPAIR COSTS-NO. 1052 Name: Ruth Coe; address: Rural Free Delivery, Mount Pleasant, Iowa; date: January 20, 1943. Below is our estimate to repair your automobile: Model, 1937 Plymouth; license No. 44-767; motor No. P4*191673; mileage, 40,034. The above is an estimate based on our inspection and does not cover any additional parts or labor which may be required after the work has been opened up. Occasionally after the work has started damaged or broken parts are discovered which are not evident on the first inspection. Because of this the above prices are not guaranteed. KENNETH DEFOSSE. J AND J AUTO SERVICE, Burlington, Iowa, January 23, 1943. Ruth Coe, 1937 Plymouth 4-door P-4 deluxe ESTIMATE Install left front door shell; install left rear door shell; install center post; install hood side panel; install hub cap; install left front fender; install new right rear wheel; install windshield glass; install door glass; install front door upholstering; install left cowl panel; install rear axle housing; install left running board; install axle shaft; install rear hub and drum; Repair front seat; Straighten left rear quarter panel, labor___ Straighten frame and alinement, labor... Refinish left side of body and doors, labor.. New parts: Left front door shell_ Left rear door shell_ Left center post. Hood si de panel.. Left fro nt fender_ Hub cap New wheel Windshield glass.. Door glass.. Front door upholstering panel.. Left cowl panel. Rear axle housing $72. 50 35. 00 14. 00 $30. 00 30. 00 7. 25 8.75 15. 25 6. 95 12.75 5. 25 5.95 Left runningboard_ Axle shaft. Rear hub and drum.. Sales tax.. Total. 22.75 8. 25 4. 85 5. 90 172.90 3. 46 297. 86 (Signed) RALPH JANSSEN. Subscribed and sworn to before me, a notary public in and for Des Moines County, Iowa, this 23d day of January 1943. [SEAL] ENOCH A. YOUNG. Notary Public. O FEBRUARY 23, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. McGEHEE, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 3668] The Committee on Claims, to whom was referred the bill (H. R. 3668) for the relief of C. C. Evensen, 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 $63.86 to C. C. Evensen, of Sacramento, Calif., in full settlement of all claims against the United States as reimbursement for expenses in moving bousehold effects from Oakland to Sacramento, Calif., on January 28, 1942, while serving as deputy clerk, United States district court. STATEMENT OF FACTS It appears that on December 31, 1941, Mr. Walter B. Maling, the clerk of the United States District Court for the Northern District of California, wrote that the assignment of Mr. Evensen as courtroom deputy clerk to Judge Welsh would necessitate a change in his official headquarters from Oakland to Sacramento. He inquired if the cost of moving Mr. Evensen's household goods could be paid by the Government. Reply was made January 9, 1942, giving authority to incur expenses for this purpose in the estimated amount of $75, payable from the appropriation "Miscellaneous expenses, United States courts," with the reservation that the voucher be sent in for submission to the General Accounting Office for preaudit, there being some uncertainty whether the statute (5 U. S. C. 73c (1)), as made effective by Executive Order No. 8588 of November 7, 1940, was sufficiently authoritative to cover payment of such expenses from appropriations of the judiciary. In a report dated February 14, 1944, from the Administrative Office of the United States Courts, it is stated: "Mr. Evensen's transfer of official station was made under conditions which would obligate the Government to pay the cost of moving his household goods except for the fact that the appropriations of the judiciary did not at the time contain specific provision for payment of such expenses. The Comptroller General's ruling in this case led me to arrange on behalf of the judiciary to incorporate in our appropriation "Traveling expenses" for the ensuing fiscal year of 1943 and succeeding years, the clause, "and transfer of household goods and effects as provided by the act of October 10, 1940." Therefore, it is the opinion of your committee that Mr. Evensen should be reimbursed in the amount of $63.86 for the expenses in moving his household effects from Oakland to Sacramento, Calif. Appended hereto is the report from the Administrative Office of the United States Courts, together with other pertinent evidence. ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, Hon. DAN R. McGEHEE, Washington, D. C. DEAR CONGRESSMAN MCGEHEE: As requested in your letter of February 7, transmitting copies of H. R. 3668 introduced November 13, 1943, by the Honorable J. Leroy Johnson for the relief of C. C. Evensen, I am glad to give you the facts in the case and to transmit copies of pertinent documents. On December 31, 1941, Mr. Walter B. Maling, the clerk of the United States District Court for the Northern District of California, wrote me that the assignment of Mr. Evensen as courtroom deputy clerk to Judge Welsh would necessitate a change in his official headquarters from Oakland to Sacramento and inquiring if the cost of moving Mr. Evenson's household goods could be paid by the Government. Reply was made January 9, 1942, giving authority to incur expenses for this purpose in the estimated amount of $75 payable from the appropriation "Miscellaneous expenses, United States Courts", with the reservation that the voucher be sent in for submission to the General Accounting Office for pre-audit, there being some uncertainty whether the statute (5 U. S. C., 73c (1)) as made effective by Executive Order No. 8588 of November 7, 1940, was sufficiently authoritative to cover payment of such expenses from appropriations of the judiciary. Bids were solicited from two moving concerns, the lower of which from the Lyon Storage & Moving Co. was accepted at the rate of $1.13 per 100 pounds. After the service was rendered a voucher in the amount of $60.25 was submitted to the Administrative Office for payment, and, as the clerk was initially advised, the matter was submitted to the General Accounting Office for preaudit. The Comptroller General notified us March 4, 1942, by preaudit difference statement, that the voucher was returned without certification for the reason that, "The appropriation cited does not appear to be available for payment of transportation of household effects." The legislation proposed for Mr. Evensen's relief calls for payment to him of $63.86. Although this is not the amount stated in the voucher submitted to us, it is the amount Mr. Evensen paid, as evidenced by the receipted bill from the Lyon Storage & Moving Co. he later submitted. The difference between the amount stated on the voucher of $60.25 and the amount stated on the bill of $60.11 is probably accounted for by error in computing the total of moving 5,320 pounds at $1.13 per 100 pounds. The additional $3.75 is the charge for insurance on the goods in the amount of $1,500 at 25 cents per 100 pounds. Mr. Evensen's transfer of official station was made under conditions which would obligate the Government to pay the cost of moving his household goods except for the fact that the appropriations of the Judiciary did not at the time contain specific provision for payment of such expenses. The Comptroller General's ruling in this case led me to arrange on behalf of the Judiciary to incorporate in our appropriation "Traveling expenses" for the ensuing fiscal year of 1943 and succeeding years, the clause, "and transfer of household goods and effects as provided by the act of October 10, 1940." |