BOSTON & MAINE RAILROAD

JULY 1, 1940.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

[To accompany H. R. 7815]

The Committee on Claims, to whom was referred the bill (H. R. 7815) for the relief of Boston & Maine Railroad, 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, strike out the sign and figures "$1,727.70" and insert in lieu thereof "$1,698.63".

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Beginning with the word "Provided", on page 2, line 2, strike out the remaining language of the bill and insert in lieu thereof:

: 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 sevices 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 the Boston & Maine Railroad the sum of $1,698.63, in full settlement of all claims. against the United States for damage to property sustained by the said company caused by the explosion of the acetylene-producing building in the Boston Navy Yard on November 13, 1934.

STATEMENT OF FACTS

At about 2:15 a. m., on November 13, 1934, an explosion occurred in one of the buildings at the Boston (Mass.) Navy Yard, completely demolishing the building, and damaging certain private properties in the vicinity of the yard.

As a result of this explosion the Boston & Maine Railroad Co. incurred considerable damage, in an amount determined by said company to be $1,727.70. An investigation was made of the circumstances

surrounding the explosion, and this board found a difference of only $29.07 from the amount reported by the claimant company to be the actual cost of the work. The amount stated by the board as a reasonable cost for repairing the damage is $1,698.63.

At the time the explosion occurred there was only one employee, the gas-plant operator on duty, and he was killed in the explosion. Upon investigation the board found that the explosion resulted from a major accumulation of acetylene gas in the acetylene-compressor room. This was believed to be due to either leaky valves, ruptured hose, or leaky connections attached to or on the charging manifold. The board specifically found that no responsibility attached to personnel then stationed in the navy yard.

In its report to your committee the Navy Department makes no recommendation with reference to the enactment of the proposed legislation, since "there is no definite showing of negligence on the part of Government representatives." However, since this company did sustain damages through the explosion of a Navy Department building, your committee feels that there is merit to the claim and recommends payment of the sum of $1,698.63.

Appended hereto is the report of the Navy Department, together with other pertinent evidence.

The CHAIRMAN, COMMITTEE ON CLAIMS,

House of Representatives, Washington, D. C.

NAVY DEPARTMENT, Washington, February 27, 1940.

MY DEAR MR. CHAIRMAN: The bill H. R. 7815 "For the relief of Boston & Maine Railroad," was referred to the Navy Department by your committee on January 15, 1940, with request for the opinion of the Navy Department as to its merits.

The purpose of the proposed legislation is to pay to the Boston & Maine Railroad of Boston, Mass., the sum of $1,727.70 "in full settlement of all claims against the Government of the United States for damage to property sustained by the said Boston & Maine Railroad caused by the explosion of the acetyleneproducing building in the Boston Navy Yard on November 13, 1934."

In the explosion that wrecked the buildings, the gas-plant operator, who was the only attendant on duty at the time, was killed. It was impossible, therefore, to determine the exact cause of the accident.

A board of naval officers made an exhaustive examination of the circumstances surrounding the explosion and the results of such investigation are shown in the enclosed copy of the board's finding of facts and opinion. The board found that the explosion resulted from a major accumulation of acetylene gas in the acetylene compressor room. Such accumulation was held to have been due probably to one of three causes described in the opinion.

The board specifically found that no responsibility attached to personnel then stationed at the navy yard. In addition to damage to Government property estimated at $87,500, damages were sustained to private properties in the vicinity, consisting principally of breakage of glass in windows and doors, falling plaster, falling brick, etc. According to a report of the commandant of the Navy Yard, Boston, Mass., claims were received from 12 different parties, the largest claim submitted being that of the Boston & Maine Railroad, the claimant named in H. R. 7815.

In a letter dated December 10, 1934, to the commandant of the Boston Navy Yard (copy herewith) claimant's attorney reported the estimated cost of the damage to be $1,200.

With a subsequent letter of September 3, 1936, the claimant submitted an itemized statement of March 22, 1935, showing the actual cost of the repairs to be $1,727.70, which corresponds to that claimed in the bill. Copies of these communications are attached for the information of the committee.

An estimate of the damage to claimant's property was made by the Navy Yard, Boston, Mass., as a result of which, it was determined that such damage

3

amounted to $1,367.31. However, this amount did not include any allowance for the cost of precautionary measures of boarding up the windows, which work was performed by the claimant to prevent damage to material stored inside the buildings. If allowance should properly be made for this temporary work, the yard's estimate of the reasonable cost for repairing the damage was $1,698.63, a difference of only $29.07 from the amount reported by the claimant to be the actual cost of the work. It is considered, therefore, that the amount claimed is not excessive.

While the damage to claimant's property resulted from an explosion in the acetylene producing building at the Navy Yard, Boston, Mass., the board that investigated the circumstances of the explosion, as above noted, found that no responsibility for the explosion rested on any personnel then attached to the yard. In the absence of any definite showing of negligence on the part of Government representatives, the question as to whether or not relief is granted is believed to be one properly for determination by the Congress.

Should the Boston & Maine Railroad be reimbursed for its damage sustained in said explosion, it is recommended that similar relief be given to the other 11 owners of property that was damaged in the same accident. The estimate of the Navy Yard, Boston, Mass., of the damage to these other properties amounts in the aggregate to less than $500, although it might be noted that the estimates of the yard were not acceptable to several of the property owners. The cost of the proposed legislation is $1,727.70.

In view of the foregoing, the Navy Department reports the facts, leaving to the determination of the Congress the question as to whether, on the basis of such facts, the relief contemplated by H. R. 7815 should be granted.

Sincerely yours,

LOUIS COMPTON, Acting.

FINDING OF FACTS

1. That an explosion occurred at about 2:15 a. m., November 13, 1934, in building No. 165 at the navy yard, Boston, Mass.; this building being located on map appended, marked "Exhibit 1." The general layout of this building is shown on blueprint appended, marked "Exhibit 2," comprising the following rooms: Acetylene compressor, acetylene generator, oxygen-hydrogen generator and compressor, toilet, locker, airlock, and entrance anteroom.

2. That building No. 165 was completely demolished by the effect of the explosion, as shown by photographs taken on the morning of November 13, 1934, herewith appended, marked "Exhibit 3 (1 to 10)."

3. That Daniel Patrick Dunlea, check No. 10168, an employee with the rating of gas-plant operator, minimum rate, was killed in this explosion.

4. That the deceased died from multiple injuries, including fracture of the skull, of the pelvis, and of the bones of the lower legs, together with fire burns, incidental to this explosion with ensuing conflagration; this as declared by George B. Magrath, M. D., medical examiner for Suffolk County, Commonwealth of Massachusetts, and appended herewith, marked "Exhibit 5.'

5. That Daniel P. Dunlea had relieved Dennis J. Donovan on watch as the gas-plant attendant at about 11 p. m. on November 12, 1934, in building No. 165. 6. That, when the deceased relieved Dennis J. Donovan, the acetylene plant was running, i. e., taking gas from the acetylene gasometer, and charging the tanks through the compressor, there being 20 cylinders on the charging line; and that the manufacture of oxygen and hydrogen for delivery and storage in their respective gasometers was in process. (See exhibit 4.)

7. That at 11 p. m., November 12, when the operator, Daniel Patrick Dunlea, took over the watch, approximately only 1 hour's supply of acetylene gas remained in the gasometer for compression into the cylinders.

8. That there was nothing unusual in the operation of the plant up to the time that Donovan was relieved by the deceased.

9. That the fire consequent on the explosion was finally extinguished at about 4:30 a. m., November 13, 1934, with the aid of one fireboat and other fire apparatus from the city of Boston, together with the fire detail from the Boston Navy Yard.

10. That safety instructions and precautions were posted in conspicuous places within and without building No. 165.

11. That there was only one man on watch at the gas plant at the time of the explosion, namely, the deceased, Daniel P. Dunlea.

H. Repts. 76-3, vol. 5- -13

surrounding the explosion, and this board found a difference of only $29.07 from the amount reported by the claimant company to be the actual cost of the work. The amount stated by the board as a reasonable cost for repairing the damage is $1,698.63.

At the time the explosion occurred there was only one employee, the gas-plant operator on duty, and he was killed in the explosion. Upon investigation the board found that the explosion resulted from a major accumulation of acetylene gas in the acetylene-compressor room. This was believed to be due to either leaky valves, ruptured hose, or leaky connections attached to or on the charging manifold. The board specifically found that no responsibility attached to personnel then stationed in the navy yard.

In its report to your committee the Navy Department makes no recommendation with reference to the enactment of the proposed legislation, since "there is no definite showing of negligence on the part of Government representatives." However, since this company did sustain damages through the explosion of a Navy Department building, your committee feels that there is merit to the claim and recommends payment of the sum of $1,698.63.

Appended hereto is the report of the Navy Department, together with other pertinent evidence.

The CHAIRMAN, COMMITTEE ON CLAIMS,

House of Representatives, Washington, D. C.

"

NAVY DEPARTMENT, Washington, February 27, 1940.

MY DEAR MR. CHAIRMAN: The bill H. R. 7815 "For the relief of Boston & Maine Railroad,' was referred to the Navy Department by your committee on January 15, 1940, with request for the opinion of the Navy Department as to its merits.

The purpose of the proposed legislation is to pay to the Boston & Maine Railroad of Boston, Mass., the sum of $1,727.70 "in full settlement of all claims against the Government of the United States for damage to property sustained by the said Boston & Maine Railroad caused by the explosion of the acetyleneproducing building in the Boston Navy Yard on November 13, 1934."

In the explosion that wrecked the buildings, the gas-plant operator, who was the only attendant on duty at the time, was killed. It was impossible, therefore, to determine the exact cause of the accident.

A board of naval officers made an exhaustive examination of the circumstances surrounding the explosion and the results of such investigation are shown in the enclosed copy of the board's finding of facts and opinion. The board found that the explosion resulted from a major accumulation of acetylene gas in the acetylene compressor room. Such accumulation was held to have been due probably to one of three causes described in the opinion.

The board specifically found that no responsibility attached to personnel then stationed at the navy yard. In addition to damage to Government property estimated at $87,500, damages were sustained to private properties in the vicinity, consisting principally of breakage of glass in windows and doors, falling plaster, falling brick, etc. According to a report of the commandant of the Navy Yard, Boston, Mass., claims were received from 12 different parties, the largest claim submitted being that of the Boston & Maine Railroad, the claimant named in H. R. 7815.

In a letter dated December 10, 1934, to the commandant of the Boston Navy Yard (copy herewith) claimant's attorney reported the estimated cost of the damage to be $1,200.

With a subsequent letter of September 3, 1936, the claimant submitted an itemized statement of March 22, 1935, showing the actual cost of the repairs to be $1,727.70, which corresponds to that claimed in the bill. Copies of these communications are attached for the information of the committee.

An estimate of the damage to claimant's property was made by the Navy Yard, Boston, Mass., as a result of which, it was determined that such damage