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of the United States, and to persons receiving assistance in the form of payments from the United States for services rendered under the National Youth Administration, created by Executive order of June 26, 1935" (49 Stat. 1608).

Since it appeared that Mr. Westenberger's injury was sustained on May 27, 1936, prior to the enactment of the said Emergency Relief Appropriation Act of 1936, and as that act was not made to apply retroactively, compensation benefits could not be awarded in Mr. Westenberger's case, and he was so advised by letter dated June 22. 1937.

It appears from the file in this case, although the information has not been verified, that Mr. Westenberger suffered as the result of the above-described injury, in addition to permanent partial disability, temporary total disability for about 3 months and that his rate of pay was $8.50 per week. On this basis, if his claim had been allowed by the Commission, he would have been entitled to receive under the act of February 15, 1934, and the schedule of compensation established pursuant thereto, compensation in monthly installments for temporary total disability in the amount of approximately $70, and, in addition thereto, compensation for permanent partial disability apparently in the amount of $792.40, or an aggregate amount of disability compensation of approximately $866.26, and in addition he would have been entitled to payment of necessary medical expenses, which it appears from the file amounted to about $368. The direct grant of $2,500 proposed to be made to Mr. Westenberger by the bill, H. R. 7818, therefore would apparently be in excess of the amount of compensation, including medical expenses, to which he might have been entitled to receive had existing law been in effect at the time of his injury.

While there may be persuasive considerations prompting the extension of relief to Mr. Westenberger, the attention of the committee is invited to the fact that there are no doubt other cases of persons who while receiving student aid under the National Youth Administration sustained injury prior to the enactment of the Emergency Relief Appropriation Act of 1936, referred to above, and who have received no compensation for their injuries. Whether the circumstances in this case are such as to warrant distinguishing it from those other cases is a question upon which the Commission can express no opinion.

In view of the foregoing, the Commission makes no recommendation as to the advisability of the enactment of the bill H. R. 7818.

Very truly yours,

JNO. J. KEEGAN, Acting Chairman.

Congressman HARRY L. HAINES,

PHI KAPPA RHO FRATERNITY,

GETTYSBURG COLLEGE, Gettysburg, Pa., April 15, 1937.

House of Representatives, Washington, D. C. DEAR SIR: Enclosed you will please find a letter sent to me by Dr. Sutton, State Director of National Youth Administration. On April 15, 1937, Dr. Sutton had written me another letter which stated in part: "I regret to say that there is no means of obtaining compensation for the injury you received while doing National Youth Administration work at Gettysburg College, except by a special act of Congress. I suggest that you see your own Congressman about it and, if he approves, I will do everything I can to have the act passed."

Explaining briefly, I might state that on May 27, 1936, while doing National Youth Administration work I received an injury to an eye, the result of which was the enucleation of the eye.

Concerning the matter at issue, it is to be noted that an act for compensation was not passed by Congress until about 2 weeks after my injury, thereby rendering me ineligible for compensation from National Youth Administration.

Due

Since the time of the accident Dr. Hanson, Professor Cessna, Dr. Gresn, and Dr. Sutton have been doing all within their power to aid me. I had graduated from Gettysburg College last year, having majored in mathematics, aiming to enter the teaching profession or enter some corporation statistical work. to the accidental loss of an eye I have not been admitted to corporations, even though an artificial eye replaces the original, rendering personal appearance unchanged. I have been trying to obtain some salaried position with the Government since corporation employment is out of the question, due to their strict physical rulings.

These personal statements, together with Dr. Sutton's letter, I believe are self-explanatory. If it is possible to introduce a bill such as mentioned, it will

certainly be greatly appreciated. Though I know that you are quite busy, I would appreciate your informing me as to what action can be taken, in order that I might be able to send a reply to Dr. Sutton. If you wish to see me personally I shall be glad to come to Washington at whatever time you might grant me an interview. Thank you for your consideration and kindnesses.

Very truly yours,

LUKE A. WESTENBERGER.

NATIONAL YOUTH ADMINISTRATION,
Harrisburg, Pa., May 7, 1937.

Congressman H. L. HAINES,

Twenty-second District, Pennsylvania,

House Office Building, Washington, D. C.

DEAR MR. HAINES: I am writing you in regard to the case of Luke A. Westenberger, 47 Steinwehr Avenue, Gettysburg, Pa., who lost the sight of his eye by reason of a splinter of steel which flew into his eye while working as a student on the National Youth Administration program at Gettysburg College.

At the time the accident happened the Employment Compensation Act did not cover students working on our program. Subsequently the act was extended to students working on the program under the Division of Student Aid.

It is necessary, therefore, that a special bill be passed by Congress in order to permit him to receive the compensation now allowed by the act.

Mr. Richard R. Brown, deputy executive director of the National Youth Administration, suggested that Mr. Westenberger have his own Congressman introduce the bill and our national office will render what assistance it can in order to have the bill passed.

This is a very worthy case, and we would very much appreciate it if you will be willing to introduce such a bill.

Very sincerely yours,

ISAAC C. SUTTON, State Director.

Congressman HARRY L. HAINES,

GETTYSBURG COLLEGE, Gettysburg, Pa., May 15, 1937.

House Office Building, Washington, D. C.

MY DEAR MR. HAINES: Mr. Luke Westenberger has asked me to write you concerning an eye injury received while working on our tennis courts a year or two ago. The injury necessitated the removal of the eye.

Mr. Westenberger had been granted a National Youth Administration work scholarship and was employed in repairing equipment for use on the tennis courts. A small piece of steel entered his eye and he was given every possible care, but it was finally necessary to remove it.

I understand Mr. Westenberger is applying for some sort of a pension. Anything that you can do for him will be greatly appreciated. He is a worthy young

man.

With kindest personal regards, I remain.

Very sincerely yours,

To Whom It May Concern:

W. E. TILBERG, Dean.

Luke A. Westenberger received the injury which resulted in the loss of one eye while working under my direction in the National Youth Administration at Gettysburg College. Paul Cessna was the college official in charge of the National Youth Administration. This affidavit is to support other affidavits which give the details of this accident.

JOHN G. GLENN, Coach of Tennis.

GETTYSBURG, PA., April 26, 1937.

COUNTY OF ADAMS,

State of Pennsylvania, ss:

On this 26th day of April 1937, before me, a notary public in and for said county and State, came the above-named John G. Glenn, to me personally known, and declared the facts above set forth to be true to the best of his knowledge, information, and belief.

Witness my hand and notarial seal this 26th day of April 1937.

[SEAL]

My commission expires March 5, 1941.

MARY RAMER, Notary Public.

O

3d Session

No. 2807

DAVID J. WILLIAMS, JR., A MINOR

JULY 30, 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 H. R. 5814]

The Committee on Claims, to whom was referred the bill (H. R. 5814) for the relief of R. Madge Williams, having considered the same report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Strike out all the language of the bill after the enacting clause and insert in lieu thereof the following:

That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay out of any money in the Treasury not otherwise appropriated, the sum of $300 to R. Madge Williams, Sharpsville, Pennsylvania, as legal guardian of David J. Williams, Junior, a minor, in full settlement of all claims against the United States for injuries sustained by the said David J. Williams, Junior, as the result of an accident on April 17, 1938, on the Sharon-Greenville Road, Pennsylvania, involving a truck in the service of the Civilian Conservation Corps: 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.

Amend the title of the bill to read:

A bill for the relief of David J. Williams, Jr., a minor.

The purpose of the proposed legislation is to pay the sum of $300 to R. Madge Williams, of Sharpsville, Pa., as legal guardian of David J. Williams, Jr., a minor, in full settlement of all claims against the United States on account of personal injuries sustained by the said David J, Williams, Jr., on April 17, 1938, in an accident involving a truck in the service of the Civilian Conservation Corps.

H. Repts. 76–3, vol. 5 40

STATEMENT OF FACTS

According to the evidence before your committee, a Government truck operated in connection with Civilian Conservation Corps activities of the War Department, on an official trip from Farrell, Pa., to Civilian Conservation Corps Camp SP-11-Pa., Westford, Pa., was proceeding at about 1 a. m. on April 17, 1938, in a northerly direction, at a speed estimated by the War Department to have been approximately 25 miles per hour, up a 15-percent grade and around a wide U-shaped curve on State Highway No. 18. The weather was cloudy and the surface of the road (18 feet wide) was dry.

A Buick sedan being driven by Mr. David J. Williams, Sr., with his son, David J. Williams, Jr., then aged 15 years, as a passenger, was proceeding in the opposite direction, at a speed alleged by the War Department to have been 35 miles per hour. The vehicles in passing sideswiped each other, thereby damaging Mr. Williams' (Sr.) car, and causing him to suffer a skull fracture, bone fractures, and other injuries which resulted in his death at about 10:15 a. m. on the same day. His son, David J. Williams, Jr., received lacerations about the face and head.

The evidence as to the exact cause of the accident is controversial, the only witnesses being the driver of the Government vehicle, a Civilian Conservation Corps enrollee who was riding in the cab of the truck with him, and the Williams boy.

The driver of the Government truck testified that he dimmed the lights of his vehicle upon seeing the approaching car, and both he and the enrollee accompanying him testified that Mr. Williams' car when first seen was approaching in a zigzag manner and that the car had very bright lights. The driver further testified that he believed that the driver of the other vehicle would "straighten out" and so continued on his course.

On the other hand, David J. Williams, Jr., 15 years of age, submitted a sworn statement to the effect that his father's car was proceeding on its right side of the road and that the Government vehicle was approaching in a waving manner and crossed to the Government driver's left, or wrong side of the road.

An investigation by a Pennsylvania highway police officer made a few hours after the collision occurred revealed that both vehicles were driving in the center of the highway.

Due to the fact the evidence before the committee fails to relieve the driver of the private vehicle of negligence in the cause of the accident, your committee has determined that no compensation can be recommended to his widow for his death. However, it has been determined that the negligence of Mr. Williams is not imputable to his son and, therefore, it is recommended that the sum of $300 be allowed for the injuries sustained by him.

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

Hon. AMBROSE J. KENNEDY,

Chairman, Committee on Claims,

WAR DEPARTMENT, Washington, June 2, 1939

House of Representatives, Washington, D. C.

DEAR MR. KENNEDY: Careful consideration has been given to the bill (H. R. 5814, 76th Cong., 1st sess.) for the relief of R. Madge Williams, which you trans

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