Examination.-Pupils react to light and accommodations. No nystagmus present. There is a distinct tenderness over the head of the anterior scalenus muscle on the left side. There is absolutely no tenderness on the right side at all. There is a distinct loss of sensation on both extensor and flexor surfaces of the second and ring fingers left hand. There is distinct loss of spreading of the second and ring fingers. There is some interference with adduction of the index finger toward the second finger and adduction of the little finger toward the ring finger. This is not marked. Reflexes are equal in both arms. Both knee reflexes are quite active. There is some slight prominence with some tenderness over the acromio-clavicular joint. This is not at all marked, however. Abduction and elevation of the arm free to a right angle but there is some interference above that angle. Blood pressure is 132/72. Pulse is 84. He has a left indirect inguinal hernia which protrudes about 11⁄2 inches. Also has a small right indirect inguinal hernia. Diagnosis.-(1) Possible right subdural hematoma; (2) left anterior scalenus syndrome; (3) right indirect inguinal hernia; (4) left indirect inguinal hernia. Discussion. This man is in worse shape now than he was at his last examination on February 14, 1938. At the present time he presents a distinct left indirect inguinal hernia and a small right indirect inguinal hernia. They were not present at the time of last examination nor were they present on examination of February 14, 1938 when he was examined for return to work at the Weirton Steel Emergency Hospital, Weirton, W. Va. He has since been examined by the Wheeling Steel Co., and he was turned down because of his hernia and these must be operated before he can return to work at any of these plants. To what extent the accident has played in the production of these hernia is hard to say. The loss in weight and the loss in muscle tone from lack of work may have played some part in their presence at this time. The left arm is a direct result to the injury. The left side of neck and his anterior scalenus syndrome or symptoms known as a Naffziger syndrome and will necessitate hospital treatment, possibly with or without operative interference by cutting the anterior scalenus muscle attachment at its anterior end left side. The condition of the man's head may possibly be due to a small subdural hematoma on right side, but this would have to be determined probably by an intraventriculogram made by the introduction of air into his ventricle. Treatment. This man will need 6 to 8 weeks, hospitalization with operations for his hernia. Possible operation left side neck and neurological investigation of the brain condition, possibly with intraventricular. Opinion. At the present time this man is a complete disability, unable to secure employment because of findings on physical examination. Possible cost of further hospitalization and medical care will approximate $600 to $700 which must needs be done to return this man to a condition that he may become an earning unit. All of this work can be carried out in our own local hospital with possible exception of neurological examination and I would refer him to Dr. Sam Allen, of Pittsburgh, Pa., for such examination. F. B. HARRINGTON, M. D. AFFIDAVIT STATE OF OHIO, Jefferson County, ss: F. B. Harrington, being first duly sworn, upon his oath deposes and says that he is a practicing surgeon and physician in Steubenville, Jefferson County, Ohio; and that on or about the 21st day of November 1937 he commenced the treatment of Verdie C. Barker as such surgeon and physician; and that said person has been under his care and treatment off and on ever since said date; and that the foregoing statement is hereby incorporated by reference as a part of this affidavit, and constitutes a full and complete statement of the history and present physical condition of said Verdie C. Barker, together with a statement of the amount now due affiant for medicql services; and the facts, matters, and things therein are true as he verily believes. Further affiant sayeth not. F. B. HARRINGTON, M. D. Sworn to and subscribed before me, the undersigned authority within and for said county and State, this 24th day of February 1940. [SEAL] PAULINE E. MENDENHALL, Notary Public. AFFIDAVIT STATE OF OHIO, Verdie Barker, being first duly sworn upon his oath, deposes and says that prior to the 21st day of November 1937 he was employed by the Weirton Steel Co. of Weirton, W. Va., as a rigger in the construction department of said company and had been so employed for a period of approximately 13 years; that on or about the 21st day of November 1937, while he was operating a motor vehicle on the public highways of Jefferson County, Ohio, he was in a collision with a truck owned and operated by the Federal Government and being used at said time by the Civilian Conservation Corps or Department of War; that as a result of said collision he sustained severe personal injuries which are permanent in nature and which have been diagnosed as: Contusions of right knee and right shoulder, fracture of sixth, seventh, and eighth ribs, left chest, anterior axillary line, contusions, left side of neck, stretching of brachial plexus involving particularly the ulnar nerve, and linear fracture of the skull in the left temporal fossae. Affiant further says that he incurred the following medical and hospital expenses and a claim for said medical and hospital expenses has been duly filed by him and allowed by the Department of War: Ohio Valley Hospital.. Dr. J. E. Miller (X-ray). Dr. F. B. Harrington_. $36.50 10. 00 135. 00 Affiant further says that the Department of War also allowed a claim filed with them for damages to affiant's motor vehicle. Affiant further says that ever since said accident he has been under the care of a physician and he is informed and believes that the injuries he has sustained are permanent and will forever preclude him from engaging in his usual occupation and may prevent him from engaging in any physical endeavor for compensation. Affiant further says that he has repeatedly reported to his employer, Weirton Steel Co., for the purpose of resuming his employment as a rigger and has been advised by said employer that before they will permit him to resume his former employment it will be necessary to secure a statement from his physician of his physical fitness and his said physician has continuously refused to furnish said certificate upon the ground that his physical condition is such that he is unable to resume employment. Affiant further says that during the month of February 1939 he presented himself to the physician employed by the Weirton Steel Co. and was examined by him for the purpose of ascertaining his then fitness to resume his employment and after said examination said company physician placed him in class 3, which he was informed meant that his physical condition was such that the Weirton Steel Co. would not employ him or permit him to resume his employment. Affiant further says that he has endeavored to secure employment at other steel companies in and about Steubenville, Ohio, and after submitting to a physical examination his application has been refused on the grounds of physical unfitness. Affiant further says that the force of the collision was such as to render him unconscious for several hours and that his injuries were extremely painful; that he has lost the use of his left hand and arm to such an extent that he is unable to use this member in any physical activity whatsoever; said arm frequently becomes numb and causes him great physical discomfort. Affiant further says that he is subject to continuous and recurring dizzy spells and this condition has prevailed ever since the accident. Affiant further says that his former occupation as a rigger made it necessary for him to work at great heights and by reason of the condition of his left arm and of the dizzy spells he experiences he cannot and probably never will be able to engage in the occupation of a rigger. Affiant further says that he was receiving $1 per hour as a rigger and at the time he was injured he was employed steadily; that he has not been able to secure employment of any kind of character ever since his injuries were sustained because of his inability to pass a physical examination. Affiant further says that prior to the time when he sustained the injuries he was earning better than a living wage and he was able to support his wife and seven children in a better-than-average manner; and ever since said accident he has been destitute and most of said time has been on relief. Affiant further says that it has been embarrassing to him and his family and has suffered greatly thereby. Affiant further says that on one occasion his plight and that of his family became so desperate that it was necessary for him to rely upon the charity of his wife's relatives. Affiant further says that on one occasion he was able to secure employment as a loader in a coal mine and worked at such occupation for approximately 8 or 10 days and due to his physical condition was unable to perform his work and only earned during said period the sum of approximately $3 to $4 per week and all the time he was attempting to perform this work he experienced excruciating pain and dizzy spells. Affiant further says that at the time of said injuries he was the owner of a small farm which had a mortgage thereon, which mortgage he was reducing steadily and after said injuries and by said reason of his inability to obtain employment it has been impossible for him to reduce said mortgage and he is now being threatened with foreclosure. STATE OF OHIO, Jefferson County, ss: VERDIE BARKER. Sworn to and subscribed before me, a notary public, this 1st day of February, 1940. JOSEPH STERN, Notary Public. [SEAL] о MAJ. CLARENCE H. GREENE, UNITED STATES ARMY, RETIRED JULY 1, 1940.-Committed to the Committee of the Whole House and ordered to be printed Mr. SASSCER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 5264] The Committee on Claims, to whom was referred the bill (H. R. 5264) for the relief of Maj. Clarence H. Greene, United States Army, retired, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass. The amendments are as follows: Line 5, after the name "Greene", insert "of Providence, Rhode Island,". Line 6, after the word "retired", insert "in full settlement of all claims against the United States,". At the end of the bill add: : Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. The bill provides that the Secretary of the Treasury pay, out of any money in the Treasury not otherwise appropriated, to Clarence H. Greene, of Providence, R. I., major in the United States Army, retired, such portion of $15,068.85 as the Comptroller General finds that the said Clarence H. Greene has paid to the United States on account of the claim of the United States against him arising out of a loss of public funds at Mitchel Field, New York, and relieves Major Greene from any and all liability to the United States arising out of said loss. STATEMENT OF FACTS Major Greene, who is now retired and 73 years of age, had 24 years of service in the United States Army prior to his retirement on June 30, 1931. On or about February 19, 1928, Mr. Greene, then captain, was made constructing quartermaster at Mitchel Field. The size of this job is obvious from the fact that the value of the work being done there was approximately $3,000,000. That job alone required at least 90 percent of Captain Greene's time. However, he was also assigned to the position of post quartermaster of the station, being required in that position to also perform the duties of property officer, utilities officer, transportation officer, purchasing and contract officer, and commanding officer of the quartermaster detachment. Still in addition to all of these assignments, Captain Greene was also designated as the agent finance officer for Mitchel Field to function as an agent of Maj. W. D. Dabney, Finance Department, the finance officer, United States Army, Brooklyn, N. Y. Your committee here call attention to the fact that the War Department in its report to your committee admits that Captain Greene was overcharged with duties, submitting as the cause for this, the fact that there was no other officer of the Quartermaster Corps available at the time for this work. The Department also makes specific mention of the fact that, "he [Captain Greene] performed his duties as construction quartermaster in a highly efficient manner." During the period from December 23, 1929, to October 22, 1930, the clerical force in the agent finance office at Mitchel Field consisted of Technical Sergeant Clarence N. Haskell, who was bonded as a special agent in the amount of $2,000, and Private First Class Harry R. Billingham, Finance Department, who was not bonded. Both of these men were already there in these capacities, and Captain Greene had nothing to do with their selection. As a matter of fact, Private Billingham had received special training in the finance school at Washington, and had already had several years' experience in the finance office at Mitchel Field. Why he was not bonded is not disclosed by the War Department, but nowhere is it indicated that this was in any manner Captain Greene's responsibility. According to the report of the War Department, in October 1930, certain irregularities were discovered in the accounts of the agent officer at Mitchel Field, and an investigation conducted by an officer of the Inspector General's Department established the fact that embezzlements, amounting to a total of $17,582.90, were perpetrated by Private Billingham. He was later tried by general court martial, convicted, and dishonorably discharged from the Army, and sentenced to 15 years hard labor. Of the total embezzlement of $17,582.90, $15,068.85 occurred during the period that Captain Greene was agent finance officer, and $2,514.05 occurred during the period when Captain Greene's successor was serving as agent finance officer. It seems that all of the frauds were perpetrated by means of false vouchers-in each instance the vouchers being made out in favor of a fictitious enlisted man, whose purported signature, as well as that of the certifying officer, had been forged on the voucher. The exact duties and procedure of Private Billingham and Sergeant Haskell will be found fully described in an extract of the report of the officer in the Inspector General's Department, which extract is included in the report of the War Department hereafter appended. Particular mention is made here, however, to the fact that the routine followed under Captain Greene's jurisdiction was the same as |