"Mileage in lieu of actual expenses of transportation under paragraph 12, regardless of subsistence status and hours of travel, may be allowed a civilian officer or employee traveling by his personally owned motorcycle or automobile on official business away from his designated post of duty or official station as defined in paragraph 3, at rates not to exceed 2 cents per mile for motorcycles and 5 cents per mile for automobiles, provided such mode of travel and the rate per mile have been previously authorized by the head of the department or independent establishment or by an official to whom such authority has been properly delegated

And 14, Comptroller General, 197, the syllabus of which reads:

"Mileage for the use of a personally owned automobile under the act of February 14, 1931, 46 Statute 1103 as amended by section 9, act of March 3, 1933, 47 Statute 1516, may not be paid to an employee when the travel is performed in an automobile registered, and the license plates therefor issued, in the name of the employee's wife."

In view of the foregoing, it is understood that Mr. Pennington did not have authority to use his father's personally owned automobile in the performance of official travel for the Railroad Retirement Board and apparently there is no authority by which he can be reimbursed for its use at the rate of 5 cents per mile, not to exceed the cost of common carrier plus Pullman. However, since Mr. Pennington was a new employee who was not familiar with the Federal regulations and laws governing the use of personally owned automobile on official business, the Federal Government received the benefit derived from the use of the automobile in question without incurring any cost in addition to that properly authorized, and reimbursement was claimed for the use thereof in good faith, it is the opinion of this Board that Mr. Pennington's claim for relief should receive favorable consideration.

Sincerely yours,

MURRAY W. LATIMER.

AFFIDAVIT OF JOHN L. PENNINGTON AS TO DISALLOWED MILEAGE EXPENSE STATE OF WASHINGTON,

County of King.

John L. Pennington, being first duly sworn upon oath, deposes and says: That he now is and for the past several years has been a resident of Seattle, Wash. On June 19, 1939, he took his oath of office as field agent at the Seattle office of the Railroad Retirement Board of the United States Government, and on June 26, 1939, he went into the field doing the work assigned to him by that office in his capacity as field agent. His work in particular was instructing claims agents and countersigning agents as to procedure in handling claims for unemployment-insurance benefits under the Railroad Unemployment Insurance provisions. That this work necessarily required him to travel away from Seattle, and to provide himself with an automobile, for which expense at the rate of 5 cents per mile was allowable, according to his understanding.

In the course of his work he traveled as follows:

June 27-30: 452 miles, at 5 cents per mile (under travel order No. 1042)__ $22.60 July 1-Aug. 2: 2,211 miles at 5 cents per mile (under travel order No. 491)

Aug. 7-31: 705 miles, at 5 cents per mile (under travel order No. 491) __

Total.

110. 55

35. 25

168. 40

Vouchers for the above travel expense were duly submitted on Standard Form No. 1012. Each voucher showed the registration of the car that was used in the name of W. S. Pennington, who is the father of affiant. Notwithstanding this, the first voucher was paid in full, without exception, and affiant therefore assumed that this was acceptable, and he therefore continued to travel in the same manner, paying the expense on the car from his funds as was necessary in traveling. The second and third vouchers were submitted prior to receipt of the first preaudit difference statement, which showed disallowance of travel expense because the automobile was not registered in affiant's name.

Original vouchers are on file in the office of the Comptroller General of the United States, since they were submitted through the usual channels. I had been provided with a copy of the travel regulations, but due to the fact that affiant took the oath of office on June 19, 1939, and went into the field on June 26, 1939, between which times it was necessary to study a great deal of new material

and receive instructions on how properly to instruct claims agents and countersigning agents in the territory assigned, I was not able to absorb all of the information and regulations, and consequently was not aware of the requirement as to registration of the automobile in my own name. As before stated, since the first voucher I submitted was paid without objection I assumed that there was nothing out of order and that I could continue in the same manner. There was only a brief instruction given by my instructor relative to proper execution of travel vouchers. Furthermore, had there been any reason to believe it necessary, my father would have transferred ownership and registration of the automobile to me.

The total of the mileage shown on the first page hereof is 3,368. At 5 cents per mile this totals $168.40, which is the amount of my claim. All this represents cost and expenses of travel incurred on official travel for the Board only. Affiant believes it is a just and fair claim, made in entire good faith, and he sincerely desires that it be given all the consideration possible.

JOHN L. PENNINGTON.

Subscribed and sworn to before me this 8th day of March 1940. [SEAL]

RICHARD B. WARD,

Notary Public in and for the State of Washington, Residing at Seattle.

O

PROVIDING AN ADDITIONAL SUM FOR THE PAYMENT OF A CLAIM FOR THE VALUE OF PERSONAL EFFECTS DESTROYED AS A RESULT OF A FIRE AT THE MARINE BARRACKS, QUANTICO, VA., ON OCTOBER 27, 1938

JULY 11, 1940.-Committed to the Committee of the Whole House and ordered to be printed

Mr. THOMAS of New Jersey, from the Committee on Claims, submitted the following

REPORT

[To accompany S. 3594]

The Committee on Claims, to whom was referred the bill (S. 3594) to provide an additional sum for the payment of a claim under the act entitled "An act to provide for the reimbursement of certain personnel or former personnel of the United States Navy and United States Marine Corps for the value of personal effects destroyed as a result of a fire at the Marine Barracks, Quantico, Virginia, on October 27, 1938," approved June 19, 1939, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, such sum, not to exceed $31, as may be required by the Secretary of the Navy to reimburse Maj. Curtis W. LeGette, United States Marine Corps, for the value of personal property lost as a result of a fire at the Marine Barracks, Quantico, Va., on October 27, 1938.

The facts will be found fully set forth in Senate Report No. 1658, Seventy-sixth Congress, third session, which is appended hereto and made a part of this report.

Your committee concurs in the recommendation of the Senate.

[S. Rept. No. 1658, 76th Cong., 3d sess.]

The bill was introduced at the request of the Navy Department. The loss suffered by Maj. Curtis W. LeGette, United States Marine Corps, occurred through no fault of his own, and the only way he may be reimbursed is by legisla

tion. The committee considers this a fair and just claim against the Government and recommends the passage of the bill.

A letter from the Secretary of the Navy to the Speaker of the House of Representatives dated March 13, 1940, is hereby made a part of this report.

NAVY DEPARTMENT, Washington, March 13, 1940.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill to provide an additional sum for the payment of a claim under the act entitled "An act to provide for the reimbursement of certain personnel or former personnel of the United States Navy and United States Marine Corps for the value of personal effects destroyed as a result of a fire at the Marine Barracks, Quantico, Virginia, on October 27, 1938," approved June 19, 1939.

The purpose of this proposed legislation is to provide an appropriation of $31. or such part thereof as may be necessary, to pay the claim of Maj. Curtis W. LeGette, United States Marine Corps, not provided for by Private A No. 56, Seventy-sixth Congress, approved June 19, 1939, for the value of personal effects destroyed as a result of a fire at the Marine Barracks, Quantico, Va., on October 27, 1938.

Since the claim of Maj. Curtis W. LeGette, United States Marine Corps, does not come within the provisions of the above act there is no authority of law for its settlement. It is therefore necessary that special legislation be enacted by the Congress.

The facts and circumstances are substantially as follows: At about 4:50 a. m. October 27, 1938, a fire was discovered in building No. 239, Marine Barracks, Quantico, Va., and had gained considerable headway inside the building before it was observed. The fire completely destroyed buildings Nos. 239 and 243 and property contained therein, including all Government property, recreation property, post exchange property, records and files, and personal effects of Navy and Marine Corps personnel quartered therein. In many instances the personal property of those quartered in the buildings was destroyed while they were attempting to save the property of the United States or the lives of their associates. Before those members of the Marine Corps quartered in Building No. 239 could escape from the fire two of them were seriously injured with second-degree burns, which necessitated their being taken to the hospital immediately.

The property which forms the basis of the claim of Maj. Curtis W. LeGette, United States Marine Corps, is made up of items of wearing apparel and other items used by him in connection with his official duties in the Marine Corps. The Navy Department is of the opinion that claimant should be reimbursed for the losses sustained.

The act of October 6, 1917 (U. S. C., title 34, sec. 981), does not apply to claims of this character due to the fact that the circumstances resulting in the loss of the property for which claim is made do not constitute a marine disaster within the meaning of that act.

The board of investigation convened at the United States Marine Barracks, Quantico, Va., by order of the commanding general, found that the fire originated in the northeast section of Building 239; that the cause of the fire is unknown, and that responsibility for the fire is undetermined.

This claim was submitted to the Navy Department Claims Board, which found the total value of the articles lost by claimant to be $31, which amount is considered to be reasonable.

The additional cost to the Government should this proposed legislation be enacted will not exceed $31.

The Navy Department recommends the enactment of this proposed legislation.

Sincerely yours,

CHARLES EDISON.

о

JAMES H. HEARON

JULY 11, 1940.-Committed to the Committee of the Whole House and ordered to be printed

Mr. KENNEDY of Maryland, from the Committee on Claims, submitted the following

REPORT

[To accompany S. 3710]

The Committee on Claims, to whom was referred the bill (S. 3710) for the relief of James H. Hearon, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Page 1, line 6, after the word "claims" insert "against the United States".

The purpose of the proposed legislation is to provide for the payment of $322.51 to James H. Hearon, in full settlement of all claims against the United States arising out of his civilian hospital and medical treatment from August 27 to October 1, 1938, which treatment resulted from a disability incurred while he was in an active-duty status with headquarters, One Hundred and Fifty-sixth Cavalry Brigade, San Antonio, Tex.

The facts will be found fully set forth in Senate Report No. 1729, Seventy-sixth Congress, third session, which is appended hereto and made a part of this report.

Your committee concurs in the recommendation of the Senate.

[S. Rept. No. 1729, 76th Cong., 3d sess.]

The records of the War Department show that Maj. James H. Hearon, Cavalry Reserve, was ordered to active duty at Fort Bliss, Tex., effective August 15, 1938, to be relieved so as to permit him to arrive at his home on August 28, 1938, on which date he would revert to inactive status. While on this active duty he was sick in William Beaumont General Hospital, El Paso, Tex., from August 20 to 22, 1938. (Diagnosis: Intestinal indigestion, in line of duty.) It appears that upon completion of maneuvers August 26, duties were suspended and it was announced that after receiving their pay, Reserve officers could leave for their homes if they so desired. Major Hearon departed from Fort Bliss, Tex., at about 4:30 p. m.