Custodian taken as the property of E. A. M. Biering, determined by said Custodian to be a designated "enemy national"; Whereas the Alien Property Custodian of the United States, exercising the authority conferred upon him by the Trading With the Enemy Act and the amendments thereto, or by the Executive orders issued by the President of the United States thereunder, has ordered the payment of money and/or delivery of the property hereinafter described to E. A. M. Biering; Now therefore, in consideration of the premises, E. A. M. Biering by H. C. Biering, acting under a power of attorney dated September 8, 1931, a photostat copy of said power of attorney being in the files of the Office of Alien Property Custodian, said power of attorney having been ratified and confirmed by said E. A. M. Biering on or about June 14, 1946, does hereby acknowledge the payment of the money to him by the Alien Property Custodian of the United States as follows: The sum of $67,066.55. And he does further acknowledge and accept such sum as full compliance with said order. In consideration of the premises, I do hereby release and forever discharge the President of the United States; Leo T. Crowley, individually and as Alien Property Custodian; James E. Markham, individually and as Alien Property Custodian; and their successor or successors in office, and all other persons exercising the authority of them or any of them, from any and all rights, claims, and demands of every kind, character, and description, whether joint or several, which I may have to any interest, right or title in any money or other property which may have been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, or seized by him, based upon or arising out of any and all money or other property owing or belonging to, or held for, or by, on account of, or on behalf of, or for the benefit of E. A. M. Biering, pursuant to vesting order No. 2392 of the Alien Property Custodian dated October 11, 1943 (8 Fed. Reg. 14637), and without limiting the generality of the foregoing, I do further release and forever discharge them and each and every one of them and the United States of America in respect to anything done or omitted in pursuance of any order, rule or regulation made by the President or the Alien Property Custodian under the authority of the aforesaid act. Witness my hand and seal at Washington, D. C., the 26th day of July 1946. DISTRICT OF COLUMBIA, 38: On this 26th day of July 1946 before me personally came H. C. Biering to me known and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same. 80TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session FRANK E. BLANCHARD { REPORT No. 1527 MARCH 9, 1948.-Committed to the Committee of the Whole House and ordered to be printed Mr. BYRNE, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 2264] The Committee on the Judiciary, to whom was referred the bill (H. R. 2264) for the relief of Frank E. Blanchard, having considered the same, report favorably thereon with an amendment and recommend that the bill do pass. The amendment is as follows: Page 1, line 6, strike out "$10,000" and insert in lieu thereof "$5.000". The purpose of the proposed legislation is to pay the sum of $5,000 to Frank E. Blanchard, of Fort Pierce, Fla., in full settlement of all claims against the United States for personal injuries, medical and hospital expenses, and loss of earnings sustained as a result of being shot by a United States Coast Guardsman, near Cape Canaveral, Fla., on November 2, 1943. STATEMENT OF FACTS It appears that on November 2, 1943, and prior thereto, Mr. Blanchard was in charge of fishing_operations and the fish-packing plant located on Cape Canaveral, Fla., and had been so operating for some time prior to the date of the accident. During the afternoon and evening of November 1, 1943, the employees of the Cape Fishing Co. were engaged in packing shrimp at the building used for this purpose. There were 14 or 15 employees, including several women, working at the time. The evidence submitted shows that about 12:30 a. m. on the morning of November 2, Gerald Tansey, of the United States Coast Guard, and another coast guardsman, Tilley, came to the fish-packing house where all the employees were engaged in packing shrimp. Upon reaching the premises the two coast guardsmen, Tansey and Tilley, tied the patrol dog outside the building, entered and placed their submachine guns upon the fish bench, and started drinking whisky with a visiting fisherman and another youngster whose name was unknown to Mr. Blanchard. Tansey and Tilley remained in and about the building where the shrimp packing was being done for some period of time and drinking, and then went out of the building. At about 2:30 a. m., Tansey and Tilley returned to the fish-packing building and inquired of the whereabouts of the red-headed girl, whose name is Ouida Morse, and her buddy, whose name is Sidi Strickland. The two coast guardsmen were advised that the two women inquired about had quit work and gone to their camp quarters and gone to bed. Then the two guardsmen stated, "We will find the two women or tear up the camp looking for them." The women had gone to their sleeping quarters in another building near the fish-packing building and had gone to bed in a room occupied by themselves and two other women employed by the Cape Fishing Co. The two coast guardsmen, Tansey and Tilley, went to the building in which the women employees slept, forcibly entered the room. The two women they were looking for were not in the room. A Margaret Vickers, one of the occupants of the room has red hair, the same as the one they were looking for. Upon entering the room Guardsman Tilley tried to pull Miss Vickers out of the bed, apparently believing her to be the one they had seen earlier in the packing plant. When Tilley undertook to pull her out of the bed, she and her roommate yelled for help. Two of the men nearby answered the cry for help, going immediately to the room. Upon their arrival there,Tansey and Tilley immediately ordered them to line up against the wall and held their guns on them. Others in the camp hearing the commotion, went to the scene and were placed under the guns against the wall as fast as they arrived. Terrell Hays, coowner of Cape Fishing Co., started to the scene, observed the coast guardsmen had the employees lined up against the wall in front of the coast guardsmen's gun, slipped away without being detected. One of the women observing the situation, went to the camp house of Mr. Blanchard, advising him of the trouble and stated. that unless he could get there immediately someone was going to get hurt. He immediately got up, dressed, and went to the scene and there found Tansey and Tilley, the two guardsmen, standing arguing with a Mr. Coleman. Mr. Blanchard asked that they stop this argument and Mr. Coleman left and the two guardsmen were requested to leave the premises. When Tansey went out in the open, Mr. Blanchard observed that he had a pistol in his hand. Tilley said to Blanchard "Look out for him; he will shoot you; I know he will." Mr. Blanchard then said, "I don't think he will; it is not necessary." Tansey then said, "I am going to shoot up this camp and I am going to shoot you." Mr. Blanchard asked the men if they were from the Coast Guard barracks down the beach; Tansey then replied, "It's none of your damn business where we are from," and then immediately shot him. Affidavit signed by Mr. Blanchard is appended hereto and made a part of this report. This affidavit gives a full report of just what took place in connection with this affair and it is the opinion of the committee that it was not necessary for the guardsman to shoot Mr. Blanchard to restore order. It appears from the evidence submitted that instead of restoring order the guardsmen were causing all the disturbance, and entering private premises without authority. Therefore, your committee recommends favorable consideration to the bill in the amount of $5,000. TREASURY Department, Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Further reference is made to your letter of May 7, 1947, enclosing copies of the bill (H. R. 2264) for the relief of Frank E. Blanchard, and requesting the views of the Treasury Department on this proposed legislation. The purpose of the proposed legislation is to pay to Frank E. Blanchard, of Fort Pierce, Fla., the sum of $10,000, in full satisfaction of all claims against the United States on account of personal injuries resulting from a gunshot wound inflicted on November 2, 1943, by Gerald T. Tansey, seaman, first class, United States Coast Guard Reserve. It appears from the records of the Coast Guard that on the date named in the bill the claimant, Frank E. Blanchard, received a wound from a service revolver fired by Gerald T. Tansey, seaman, first class, United States Coast Guard Reserve. The incident occurred near Cape Canaveral in a section of the beach served by Coast Guard Beach Patrol Station No. 11, on the east coast of Florida. Coast Guardsmen Tansey and Tilley were on duty as beach patrolmen in the early hours of the day in question, were on the area of an authorized patrol, and were acting in line of duty at the time that the incident occurred. The Cape Fishing Co. settlement was operated by the claimant, Blanchard, adjacent to the beach in a remote and isolated area. A number of buildings made up the settlement, which included a building in which Blanchard resided with his family, work buildings, and buildings for housing employees. There were a number of women, as well as men, employed and quartered at the settlement. The statements of the coast guardsmen made at the original investigation were to the effect that on coming upon this location in patrolling the beach, a light was observed in apparent violation of lighting restrictions; that in investigating the light an attack was made on the investigator; and that a brawl ensued in the course of which Tansey, making an effort to restore order and protect himself, fired a shot that wounded Blanchard. The statements of the civilian witnesses at the original investigation were to the effect that the coast guardsmen were not performing their patrol; that they had been drinking; that one of them entered the building housing the women; and that an effort to oust him required force, which was resisted, with an ensuing unauthorized use of firearms by the coast guardsmen. All available evidence fails to show conclusively whether Tilley, assuming his approach to the buildings was for the authorized purpose of investigating the light, entered or attempted to enter the building in which the women were housed, or what caused a fight to take place between Tilley and a civilian known as Stoney Coleman. The determination of these facts is not now considered material, however, because it appears that the coast guardsmen were not under the influence of liquor, but that Stoney Coleman was drunk; that Tilley did not have a gun and therefore did not assault or threaten Coleman or the other civilians with a weapon; that the coast guardsmen were properly on the premises and that Tansey, who later fired the shot which wounded Blanchard, was ignorant of the manner of Tilley's investigation, having arrived upon the scene after Stoney Coleman had clashed with Tilley and when a general brawl was imminent. Blanchard's claim relates to the action of Tansey who shot him, and not to the actions or conduct of Tilley. Just as Tansey had no part in the brawl or its inception, which involved Tilley and Coleman, Blanchard had no relation or concern with its inception or its cause. Blanchard was summoned after the fight was in progress. Instead of taking proper steps, as the boss or employer of the personnel involved, Blanchard appears to have sided with the civilians. He did not take the position of an arbitrator nor did he assume control, but rather he alined himself with the others against the coast guardsmen. The original investigation indicated that when Tansey came up he sought to place the civilians under arrest, lined them up, warned them not to move, and that The Blanchard failed to heed the warning, and that thereupon Tansey shot him. Whether or not he moved toward Tansey prior to being shot is in doubt. inference was that Blanchard stepped out of line contrary to the orders of Tansey, and that shooting of him was deliberate and controlled action on the part of Tansey. The records of the trials, on the other hand, now show that the shot which wounded Blanchard was a random shot not guided by conscious direction at Blanchard. The trial of Tansey resulted in an acquittal. It now appears that Tansey found Tilley being assaulted and in prospect of receiving a severe beating at the hands of a number of men; that he resorted to the threat of his service revolver to hold the men off, and made an effort to put them under arrest; and that there was a general sidewise movement of the men to the eastward, that is, to a location between the coast guardsmen and the beach. The coast guardsmen were cornered and were being advanced upon despite the warnings which Tansey gave. In further effort to protect himself, Tansey fired a shot without conscious aim at any individual or without conscious intent to shoot any person. The shot struck Blanchard, who appears to have been the most mobile of the group, and the one who, stationed at the end of the line of civilians, was leading the move to the eastward, which would cut off the coast guardsmen's means of egress or retreat to the beach. When the shot was fired, the attackers fell away, and the coast guardsmen escaped to the beach. The bullet entered Blanchard's chest and appears to have circled his ribs. He appeared to respond well to treatment. He subsequently_complained of pain and of a resulting disability. He was examined by Public Health surgeons at Fort Pierce and the result of that examination was forwarded to headquarters United States Coast Guard. A more thorough examination was conducted at the Coast Guard infirmary, Miami, Fla. The report of said examination reveals no physical basis for the pain and disability claimed. In April 1945 upon receipt of information that a bill had been introduced in the Seventy-ninth Congress for the relief of Blanchard, a reexamination of claimant was directed. The results of the reexamination indicated that, except for subjective complaints of increased nervousness, there is no evidence of any organic disease. An investigation was also conducted to determine the financial loss sustained by Mr. Blanchard by reason of the accident. The report indicates that medical expenses incurred were $301.50, and no more expenses of this character are anticipated. Mr. Blanchard stated that he did not carry insurance of any kind, nor was he compensated under any workmen's compensation laws. At the time the injury was sustained, Mr. Blanchard was secretary-treasurer of the Cape Fishing Co., a corporation organized under the laws of the State of Florida. It is a cooperative organization. The president is Edson Arnold, and the vice president, Terrell Hayes. Mr. Blanchard reported that the corporation had never declared a dividend and that he was allotted a nominal salary of $10 a month which he never collected, the main source of his income being derived from his commercial-fishing activities. It was ascertained by inquiry and records of the corporation that the fishing season at Cape Canaveral covers about 8 months of the year, starting in September or October and finishing in the spring of the following year, about April or May. It was also ascertained that claimant has the reputation of being one of the more successful fishermen in the cooperative. He has consistently finished the season in either the No. 2 or No. 3 position with regard to earnings. Claimant was wounded in the early morning of November 2, 1943. As a result of this wound he did not do any fishing between that date and May 1944. During the period from November 1943 to May of 1944 claimant's boat, 18-747, was operated by his partner, Charles Peterson, and Wes Ludlum. For the hire of this boat claimant paid its owner, Terrell Hayes, 1 cent per pound on all the fish caught by its crew. For this season, 1943-44, the records of the Cape Fishing Co. show that claimant was paid a total of approximately $10,701 for fish caught by his crew and sold by the cooperative. This money was divided three waysone-third to Peterson, one-third to Ludlam, and one-third to claimant. With a few small adjustments it resulted in claimant receiving approximately $3,900. The standard arrangement of the fishermen at Cape Canaveral is that the operator of the boat receives two-thirds of the net returns, while the crew, usually one man, receives one-third of the net return. In the instant case claimant suffered an actual loss due to the fact that his share was cut in half, to approximately $3,900 by reason of the fact that he had to hire someone to fish for him. Under normal circumstances, he would have received approximately $7,800 for his season's catch. |