mitted to the War Department under date of May 9, 1939, with request for information and the views of the Department relative thereto.

The purpose of the proposed legislation is to pay to R. Madge Williams, Sharpsville, Pa., the sum of $421.50 in full settlement of all claims against the United States for hospital, medical, and funeral expenses incurred and property damage sustained by the said R. Madge Williams on account of the death of her husband, David J. Williams, the personal injury of her son, David J. Williams, Jr., and the demolition of an automobile 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 and an automobile driven by the said David J. Williams, in which the said David J. Williams, Jr., was a passenger.

The facts in this case, as established by the evidence of record, are that a Government truck, operated in connection with the 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 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., age 15, as a passenger, was proceeding in the opposite direction at a speed of about 35 miles per hour. The driver of the Government truck and another enrollee, who was riding in the cab of the truck, testified that Mr. Williams' car when first seen, was approaching in a zigzag manner and that the car had very bright lights burning. The driver of the Government truck testified that he dimmed the lights of the Government vehicle and that he believed the car being driven by Mr. Williams would "straighten out", and so continued on his course. David J. Williams, Jr., 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 onto the wrong side of the road. The vehicles in passing sideswiped each other, thereby causing the property damage and personal injuries complained of. Pennsylvania highway police officer, S. Szymanowicz, who made an investigation a few hours after the collision occurred, found that both vehicles were driving in the center of the highway.

As a result of this accident, Mr. Williams suffered a skull fracture, bone fractures, and other possible injuries, from which he died at about 10:15 a. m., April 17, 1938, and David J. Williams, Jr., received minor lacerations about the face and head. A claim was presented to the War Department by Mrs. R. Madge Williams, Main Street, Sharpsville, Pa., in the amount of $44 for damage to the Buick sedan owned by her husband, Mr. David J. Williams, Sr., now deceased, and in the amount of $20,000 (in which amount was included $17 medical bills for Mr. Williams, $354 undertaker's bill, and $6.50 medical bills for her son, David J. Williams, Jr.), on account of personal injuries to, and subsequent death of her husband, Mr. David J. Williams, Sr.

Upon review in the War Department of the proceedings of a board of officers which investigated the claim, it was determined that the collision was caused as a result of the driving of both vehicles in, or too close to, the center of the highway, and in this respect both drivers were at fault and guilty of contributory negligence which would defeat any claim for damage to the property of, or on account of personal injuries to, Mr. Williams, Sr. Since, therefore, the evidence failed to establish that the damage was caused by the sole negligence of the Government driver, a condition precedent and necessary to be met to bring the claim within the provisions of any claims acts available to the War Department for the settlement of claims of this nature arising out of Civilian Conservation Corps activities, the claim of Mrs. Williams was necessarily disapproved.

However, under well settled principles of law, it would appear that the negligence of Mr. Williams, the father, is not imputable to the son to defeat a recovery for expenses due to personal injuries sustained by the latter. Since the accident was caused also by the negligence of the Government operator as one of two joint tortfeasors, the War Department would offer no objection if the Congress enacted a measure for the relief of Mrs. Williams to this extent.

While this accident is regretted by the War Department, in view of the circumstances above stated, the Department is constrained to recommend that favorable consideration be not given to the proposed legislation, except as indicated above.

Sincerely yours,

HARRY H. WOODRING,
Secretary of War.

I certify that the above bill is correct and just, and that payment therefore was received in full from Madge Williams, widow of David J. Williams, Sharpsville, Pa. W. DUGAN, Clerk.

J. L. THOMAS, M. D., Greenville, Pa., May 13, 1938.

DAVID J. WILLIAMS,

Sharpsville, Pa.:

For professional services__

$10

I certify that the above bill is correct and just, and that payment therefore was received in full from Madge Williams, widow of David J. Williams, Sharpsville, Pa. Received payment.

J. L. THOMAS.

Dr. BENJAMIN A. FRYE,

Sharpsville, Pa.

Mrs. MADGE WILLIAMS,

Sharpsville, Pa.:

For professional services rendered Jack Williams, Jr.:
Dressings to forehead and face....

Paid in full June 3, 1938.

$5

BENJAMIN A. FRYE, M. D.

STATEMENT OF DAVID JACKSON WILLIAMS, JR.

(Age 15 years; address 28 Main Street, Sharpsville, Pa.; student Sharpsville High

School)

My name and address is as stated above. On the evening of April 16, 1938, at about 7 p. m., I accompanied my father, David Jackson Williams, Sr., to the residence of Mr. Clifford Henderson, Greenville, Pa. My father went there to make some arrangements about a job for some electrical work which he was to do. We left Greenville at about 12:30 a. m., April 17, 1938, to return to our home in Sharpsville. My father was driving our Buick sedan and I was riding in the front seat with him. There were no other occupants in the car with us.

When we arrived at a point in Pymatuning Township, about 6 miles south of Greenville on Route 18 just south of Simpkin's Corners, while on a curve we were struck by a Reo Speed Wagon truck, owned by the Civilian Conservation Corps camp at Westford, Pa., and operated by a colored boy named Dozier. The collision was caused as a result of the wavering of the Civilian Conservation Corps truck and by the truck coming over to our side of the road. At the time of the collision my father was driving about 35 miles per hour and was on his right side of the road, and was observing all the laws of the highway.

As a result of the collision the entire left side of our car was torn away from the car and the car was otherwise demolished. My father was knocked out of the car and when picked up was unconscious. He died in the Greenville Hospital about 9 hours later as a result of the injuries suffered.

My father had full control of all normal faculties before the accident. His eyesight was good and he did not wear glasses, and had full control of both his arms and legs.

I am positive my father was sober when this accident occurred and he had not had anything intoxicating to drink all evening. My father was not a drinking man, and I never in my life ever observed him in an intoxicated state. He did not use drugs or narcotics in any form.

I have read the foregoing statement and it is true and correct to the best of my knowledge and belief.

DAVID JACKSON WILLIAMS, Jr.

J. R. DOLAN,

Notary Public, Sharpsville, Pa.

Sworn to and subscribed before me this 18th day of February 1939. [SEAL]

My commission expires March 20, 1939.

Hon. BENJAMIN JARRETT,

SHARON, PA., March 27, 1939.

Old House Building, Washington, D. C. DEAR MR. JARRETT: Regarding the information requested in your letter of March 24 please be advised that at the inquest in the Williams matter held on April 21, 1938, at Greenville, that Officer Herbert Perstein of the Pennsylvania State motor patrol testified that about 12:30 a. m. on April 17, 1938, he was coming from Freebles Corners toward Sharon, and the truck driven by Tullie Dozier was coming the other way. The officer testified that there were no lights on the side of the truck and no tail light. The officer turned around and the truck had turned left toward Morefield Cemetery. The officer followed and checked its speed at 40 to 43 miles per hour. The speed varied down to 30 to 35 miles per hour. It went through a "Stop" sign on the Sharon-New Castle Road, at a speed of 30 to 35 miles per hour. The truck continually kept weaving off on to berm about 2 feet and then back on. At the old Hickory High School I blew the siren and stopped him. Tullie Dozier's breath was O. K. His movements were clear and his answers were very clear. The road was not new to him according to his answers. He said he weaved because the headlights would go bright and low and he twisted the wheels right and left in order to keep the lights up. The rear light was out because one of the wires was broken off and the other wire was hanging loose. There were no clearance lamps on the truck. The truck just came under the requirements where it didn't have to have any clearance lamps. The following day on April 18, 1938, Tullie Dozier pleaded guilty to reckless driving before Justice of the Peace Eck Elliott. I followed him for about 2 miles both up and down grades and on the level while checking his speed. The speed limit set by law for a truck of this type is 35 miles per hour.

On cross examination Officer Perstein testified that there was nothing unusual about the lights of the truck as they approached him. He stated he made no examination of the headlights after stopping Dozier because they were on normal bright and there was nothing unusual about it.

At the same inquest Tullie Dozier testified regarding the weaving of the car, "that I think someone had been fooling with my truck. There was a loose connection. That made them blink and I zigzagged the wheel. The lights got brighter the faster you go." Dozier further stated that he thought he had cleared this car. He further stated that the body of the truck sticks out from the cab, and stated that he himself in the cab got by the Williams car before there was any contact.

Very truly yours,

о

GEO. F. MAHANEY.

SAMUEL ROBERTS

JULY 30, 1940.-Committed to the Committee of the Whole House and ordered to be printed

Mr. McGEHEE, from the Committee on Claims, submitted the

following

REPORT

[To accompany H. R. 6091]

The Committee on Claims, to whom was referred the bill (H. R. 6091) for the relief of Samuel Roberts, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

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 Samuel Roberts, Somerville, Mass., the sum of $1,919.25, upon either the making of an assignment of all rights under, or upon the filing of a discharge and satisfaction of, a judgment and execution for a like sum rendered in the district court of Somerville against the operator of a United States mail truck in favor of the said Samuel Roberts, for damages sustained by him as the result of personal injuries received on January 6, 1937, when he was struck on Massachusetts Avenue, Somerville, Mass., by the said mail truck.

STATEMENT OF FACTS

On January 6, 1937, at about 9 p. m., Substitute Carrier Ralph D. Ormes, the operator of United States mail truck No. 11531, was proceeding southerly on the right-hand side of Massachusetts Avenue in Cambridge, Mass. He was on the westerly side of the streetcar rails and was traveling at a speed stated by the Post Office Department to be between 20 and 25 miles per hour. He was traveling in a line of