In account with WALLIE MOTOR CO. ASHLAND, Wis., August 20, 1937. WORKS PROGRESS ADMINISTRATION CONSERVATION DEPARTMENT, W Care of R. Louis Pike, Ashland, Wis.: Rental of 1933 Dodge pick-up, serial No. 8013593; motor TDP-6696; license Sept. 3 to 16, 1936, 11 days, at $3 per day. Sept. 16 to Oct. 1, 1936, 13 days, at $3 per day. Oct. 1 to 15, 1936, 13 days, at $3 per day. Total, this invoice.... $33 39 39 39 36 39 39 42 39 42 39 36 39 42 543 We certify that the above bill is correct and just and that payment therefor has not been received. О WALLIE MOTOR CO. 76TH CONGRESS HOUSE OF REPRESENTATIVES 3d Session C. M. KISER JULY 1, 1940.-Committed to the Committee of the Whole House and ordered to be printed Mr. JENNINGS, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 7131] The Committee on Claims, to whom was referred the bill (H. R. 7131) for the relief of C. M. Kiser, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 7, strike out the word "payment" and insert in lieu thereof "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 purpose of the proposed legislation is to pay to C. M. Kiser, Kiser Funeral Home, Greeneville, Tenn., the sum of $245, in fulĺ settlement of all claims against the United States for services rendered the Veterans' Administration in the burial of three veterans, for which claims were not filed within the time limit prescribed by law. STATEMENT OF FACTS Veterans Regulation No. 9 (a), as amended (title 38, U. S. C., ch. 12, appendix), provides for the payment of burial allowance in an amount not to exceed $100 in the case of honorably discharged war veterans where the requirements of the regulation are met. The Kiser Funeral Home rendered services in connection with the burial of a number of veterans and this particular claim, totaling $245, is for services rendered in connection with the burials of Fred D. Morris, Lacy L. Shackelford, and Jesse F. Myers, in which cases the Kiser Funeral Home failed to file claims within the specified time. H. Repts. 76-3, vol. 5—12 In the case of Fred D. Morris, the claim was not filed within the proper time because of the fact that the Knox County Health Department had apparently failed to file the death certificate with the Ŝtate health department for some time after the veteran's death, making it impossible to get a certified copy to substantiate the undertaker's claim. In the case of Lacy Shackelford, a claim was originally filed by the Kiser Funeral Home with the Veterans' Administration within the prescribed time, but due to the necessity of securing the signature of the officiating undertaker, which could not be obtained for some time, the 1-year limitation elapsed and the claim had to be disallowed. In the case of Jesse F. Myers, the Kiser Funeral Home was delayed in submitting claim to the Administration because it was necessary for them to secure the signature of this veteran's widow, and she had moved out of town to an address unknown to the officials of the funeral home. Some time after moving, Mrs. Myers visited Greeneville, and her signature was obtained and forwarded to the Veterans' Administration, but by this time the 1-year period had elapsed and the claim had to be disallowed. In the first two cases mentioned the Kiser Funeral Home's bill was $100 each, and in the latter case $45-totaling $245. Since the services were rendered the Administration and the only reason for nonpayment is the fact that the statute of limitations ran against said home, your committee recommend that the sum of $245 be paid to C. M. Kiser, in full settlement of these claims. Appended hereto is the report of the Veterans' Administration, together with other pertinent evidence. VETERANS' ADMINISTRATION, Hon. AMBROSE J. KENNEDY, House of Representatives, Washington, D. C. MY DEAR MR. KENNEDY: Further reference is made to your request of July 18, 1939, for a report on H. R. 7131, Seventy-sixth Congress, a bill for the relief of C. M. Kiser. This bill, if enacted into law, would authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, to C. M. Kiser, Kiser Funeral Home, Greeneville, Tenn., the sum of $245 “in full payment for services rendered the Veterans' Administration in the burial of three veterans: Fred D. Morris, Lacy L. Shackelford, and Jesse F. Myers, for which claims were not filed within the time limit prescribed by law." Veterans Regulation No. 9 (a), as amended (title 38, U. S. C. ch. 12, appendix), provides for the payment of burial allowance in an amount not to exceed $100 in the case of honorably discharged war veterans where the requirements of the regulation are met. Paragraph IV of the regulation reads as follows: "IV. Claims for reimbursement must be filed within one year subsequent to the Idate of burial of the veteran. In the event the claimant's application is not complete at the time of original submission, the Veterans' Administration will notify the claimant of the evidence necessary to complete the application and if such evidence is not received within one year of the date of the request therefor, no allowance may be paid." [Italics supplied.] The claims with respect to the three veterans named in the bill will be discussed in the order in which they are designated. With regard to the case of Fred D. Morris, XC-2522979, the records of the Veterans' Administration indicate that he was an honorably discharged veteran of the Spanish-American War, that he died January 4, 1936, at Knoxville, Tenn., and that he was buried on January 7, 1936, in the National Cemetery at Greeneville, Tenn. On April 27, 1937, a claim for the statutory burial allowance executed on Veterans' Administration Form P-91 was received in the Veterans' Administration from the Kiser Funeral Home, 211 Main Street, Greeneville, Tenn., supported by a certified copy of the public record of death and an itemized bill for services rendered in the veteran's behalf amounting to $185 of which the sum of $120 was stated to be then unpaid. On May 7, 1937, the Kiser Funeral Home was informed that inasmuch as the claim for the benefit in question was not received in the Veterans' Administration within 1 year from the date of the veteran's burial, there was no authority to make any allowance on the burial expenses incurred. Under date of May 15, 1937, the Honorable Carroll Reece forwarded a letter to the Veterans' Administration dated May 10, 1937, from Farley C. Broyles, service officer, American Legion Post, No. 64, Greeneville, Tenn., referring to the disallowance of the claim. In this letter Mr. Broyles stated that the reason for delay in this case was due to the failure of the Knox County Health Department to file the death certificate with the State health department for some time, making it impossible to get a certified copy to substantiate the undertaker's claim. In this connection, on December 3, 1936, a certified copy of the public record of the veteran's death signed by the State registrar on September 28, 1936, was received in the Veterans' Administration in support of the claim of the veteran's widow for death pension. That copy indicates that the original record was filed June 1, 1936. On May 19, 1937, Mr. Reece was informed that inasmuch as the claim of the undertaker was not received within the time limit prescribed by law, there was no authority to make any allowance in the case. On June 20, 1939, Congressman Reece forwarded to this office a letter dated June 9, 1939, from Mr. Broyles, a claim for the statutory burial allowance executed on Form 530 by the Kiser Funeral Home and an itemized funeral bill amounting to $185, of which the sum of $100 was shown to be unpaid. In the letter from Mr. Broyles it was stated that the cause of the delay in filing claim in this case was not known. Under date of June 27, 1939, Mr. Reece was again informed that there was no authority for making any allowance on the burial expenses incurred. With regard to the case of Lacy L. Shackelford, XC-616 405, the records of the Veterans' Administration indicate that he was an honorably discharged veteran of the World War who died February 13, 1934, at Chattanooga, Tenn., and that he was buried February 14, 1934, in the National Cemetery at Greeneville, Tenn. On April 23, 1934, a claim for the statutory burial allowance executed on Veterans' Administration Form P-91, was received in the Veterans' Administration from the Kiser Funeral Home supported by an itemized bill for services rendered in the veteran's behalf amounting to $288. On May 2, 1934, the Kiser Funeral Home was informed that it was necessary that there be furnished an itemized bill from R. J. Coulter, undertaker, Chattanooga, Tenn., for any services he might have rendered; and if paid, receipted in favor of the person making payment. In this letter, which was necessary in view of the fact that the name of R. J. Coulter appeared on the death certificate as the officiating undertaker, the Kiser Funeral Home was informed that under existing law if such evidence was not received within 6 months, no allowance could be made. (This period was extended to 1 year by sec. 402 of the act of June 29, 1936, Public, No. 844, 74th Cong.) Nothing further was received in this case until under date of June 20, 1939, the Honorable Carroll Reece forwarded to the Veterans' Administration a claim for the statutory burial allowance executed on Form 530 by the Kiser Funeral Home and a letter addressed to him under date of June 9, 1939, by Farley C. Broyles, service officer, American Legion Post No. 64, Greeneville, Tenn. In the letter from Mr. Broyles it is stated that the reason for the delay is not known. On June 27, 1939, Congressman Reece was informed that inasmuch as the evidence requested of the Kiser Funeral Home under date of May 2, 1934, was not received within 1 year from the date of request therefor no allowance could be made on the burial expenses incurred. With regard to the case of Jesse F. Myers, XC-1 733 943, the records of the Veterans' Administration indicate that he was an honorably discharged veteran of the World War who died November 9, 1935, at the Veterans' Administration Facility, Mountain Home, Tenn., and that he was buried November 10, 1935, in Cedar Hill Cemetery, Greene County, Tenn. On April 27, 1937, a claim for the statutory burial allowance executed on Veterans' Administration Form P-91 was received in the Veterans' Administration from the Kiser Funerai Home, supported by a certified copy of the public record of death and an unpaid itemized bill for secondary services rendered in the veteran's behalf amounting to $45. Under date of May 5, 1937, the Kiser Funeral Home was informed that |