and organizations mentioned previously accepted this patient in good faith assuming that he was one of the local Indian beneficiaries of the Bureau of Indian Affairs. It was not discovered for some time that Mr. Whitebull was a Canadian Indian and as such not eligible for care at the expense of the Bureau of Indian Affairs. It is disclosed that for many years in the past, a close working relationship has been in effect between the United States Indian Bureau and staffs of the State, county, and private hospitals including St. Elizabeth Hospital in Yakima, Wash.; their act of hospitalizing James Whitebull was primarily humanitarian. The doctors, nurses, and personnel of the mortuary and drug store cooperated to the fullest extent possible to reduce the suffering of the individual and to assist in his treatment. Your committee is of the opinion that the hospital, doctors, and other individuals included in this bill acted in good faith and should be paid for the services rendered this Indian, and therefore recommends favorable consideration to the bill. Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, House of Representatives. SECRETARY OF THE INTERIOR, MY DEAR MR. MICHENER: This will acknowledge the receipt of your communication of May 21, 1948, asking for a report on H. R. 5898, a bill for the relief of St. Elizabeth Hospital, Yakima, Wash., which you indicate will be amended to include $374.52 for the services of an anesthetist, Emily S. Pursell; two physicians and surgeons, Drs. Guy E. Marcy, Jr., and Thomas A. Angland; the Hopkins Mortuary for ambulance service; and Brown's Pharmacy for medical supplies. The facts regarding the injury and hospitalization of James Whitebull are as hereinafter stated. James Whitebull, a Canadian Indian, not a beneficiary within the meaning of the Interior Department Appropriation Act, 1946 (59 Stat. 318, 334), was injured as a result of resisting arrest by Deputy Special Officer Lawrence Goudy, Indian Service policeman, on November 3, 1945, in circumstances indicating a violation of the act of June 15, 1938 (52 Stat. 696), providing a penalty for the sale, gift, etc., of intoxicating liquor to an Indian. Mr. Whitebull broke away from the special officer and refused to halt when commanded to do so. The officer fired into the ground when Mr. Whitebull was 50 to 60 yards away; the bullet, striking the hard-packed cinder bed about 25 yards from the policeman, ricocheted and struck the escaping Indian in the back of the neck. Mr. Whitebull was immediately taken to the St. Elizabeth hospital by ambulance since no Indian Service facility is available in Toppenish, Wash. The hospital, individuals, and organizations mentioned previously accepted this patient in good faith assuming that he was one of the local Indian beneficiaries of the Bureau of Indian Affairs. It was not discovered for some time that Mr. Whitebull was a Canadian Indian and as such not eligible for care at the expense of the Bureau of Indian Affairs. At the present and for many years in the past, a close working relationship has been in effect between the United States Indian Bureau and staffs of the State, county, and private hospitals including St. Elizabeth in Yakima, Wash. Their act of hospitalizing Mr. Whitebull was primarily humanitarian. The doctors, the nurse, and personnel of the mortuary and the drug store likewise cooperated to the fullest extent possible to reduce the suffering of the individual and to assist in his treatment. There is no objection on the part of the Indian Bureau to the payment of these bills if Congress feels there is a Federal responsibility in this case. The Bureau of the Budget has advised me that there is no objection to the submission of this report to your committee. Sincerely yours, J. A. KRUG, Secretary of the Interior AFFIDAVIT I, the undersigned, do hereby certify that there is on file at the Yakima Indian Agency notarized affidavits from Hopkins Mortuary, St. Elizabeth Hospital, Dr. Guy Marcy, Dr. Thomas Angland, Emily Pursell, Brown's Pharmacy reviewing the case of James Whitebull, Canadian Indian, who was accidently shot by Officer Lawrence Goudy, November 3, 1945. The affidavits agree with information on file in the Indian agency office and the charges quoted are correct. As a summary of the charges still due, I list the following: The services which were rendered as a result of the above charges were all authorized by the Yakima Indian Agency. To date, no payment has been made to cancel the agency's indebtedness. G. W. SHOTWELL. Subscribed and sworn to before me this 12th day of April A. D. 1948. D. FLEMING, Chief Clerk, Office of Indian Affairs, Toppenish, Wash. AFFIDAVIT I, the undersigned, being duly authorized to act for Hopkins Mortuary, do hereby certify that a call was placed for ambulance service by Special Officer Otto Waddell, of the Yakima Indian Agency, November 3, 1945, to transfer James Whitebull from Toppenish to St. Elizabeth Hospital, Yakima, Wash. The patient was in critical condition due to a gunshot wound, and immediate transfer was necessary. The charge for said service was 25 cents per mile for 20 miles, $5, plus a flat fee of $3, making a complete charge of $8. This charge is correct, just, and still due. K. K. HOPKINS, Owner. Subscribed and sworn to before me this 6th day of April, A. D., 1948. (SEAL] Mrs L. H. YOUNGS, Notary Public in and for the State of Washington. AFFIDAVIT Sister Reine, superintendent of St. Elizabeth Hospital, Yakima, Wash., being duly authorized to act for St. Elizabeth Hospital in the case of James Whitebull, a Canadian Indian, hereby certifies that the following statements concerning the above-mentioned James Whitebull are true and that the record of services rendered and expenses incurred in his behalf are correct and just. The facts concerning the case are as follows: That James Whitebull, a Canadian Indian who entered the United States as a visiting alien, was engaged in agricultural work in the vicinity of Toppenish at the time the accident occurred; That he received a gunshot wound, November 3, 1945, from Deputy Special Officer Lawrence Goudy, Indian Service policeman, in an attempted arrest for the possession of liquor; That he was rushed to St. Elizabeth Hospital by ambulance-Hopkins Mortuary of Toppenish-by order of Special Officer Otto Waddell of the Yakima Indian Agency who accompanied him; That the physician who attended him in emergency surgery, Dr. Guy Marcy, ordered X-ray and immediate admission as a patient and preparation of surgery for the removal of the bullet; That Dr. Thomas A. Angland was called to assist Dr. Guy Marcy in the operating room and as a consultant on the case; That Emily Pursell, private anesthetist, was requested to administer the gas anesthetic; That authorization for hospitalization, with the understanding of payment in full, was obtained from the Yakima Indian Agency, Toppenish, Wash., and dated November 3, 1945 (Case No. Health-47037; 47242-45); That the cost of treatment for hospital nursing care for 132 days, surgery, X-ray, laboratory, medicines, dressings, physiotherapy treatments both in inpatient and out-patient services totaled $1,085.50 (itemized statement attached); That the claim for the above hospital charges was transmitted from the Yakima Indian Agency to the Commissioner of Indian Affairs, Department of the Interior, Chacago 54, Ill., June 27, 1946 (Case No. 477655); That the claim was then forwarded by the Acting Commissioner, J. W. Hutchison, to the General Accounting Office, Washington, D. C., with a letter dated April 14, 1947 (Claim No. 0744035); That the General Accounting Office, Washington, D. C., in a letter to St. Elizabeth Hospital, dated April 25, 1947, refused payment of claim stating that "Claims against the United States can be paid only from funds which are specifically appropriated therefor," and since there was no appropriation to pay for the hospitalization of Canadian Indians, there was no authority of law for payment of any part of the claim by the General Accounting Office; That the charges itemized in the attached bill are true and correct charges and agree with those submitted in the original billing, and that no part of the same has been paid. SISTER REINE, Superintendent, St. Elizabeth Hospital. Subscribed and sworn to before me this 30th day of March, A. D. 1948. [SEAL] JAMES WHITEBULL YAKIMA, WASH., March 24, 1948. To St. Elizabeth's Hospital, Dr. Ward bed: To 101 days' board and attendance from November 3, 1945 to February 12, 1946, at $5.50 per day. Private room: To 31 days' board and attendance from February 12 to March 15, 1946, at $7 per day. November 3, 1945, removal of bullet, use of operating room $18; anaesthetic, Pursell (Medicine itemized on opposite side) Medicine, $125.25, dressings, $26.25, laboratory, $6, 6 urinalyses at $1. Crutches... In-patient, to 51 physiotherapy treatments at $2. Out-patient: April and May 1946, 9 physiotherapy treatments.. Total amount_. $555. 50 217.00 18.00 157.50 12. 50 4. 50 102. 00 18. 00 .50 1,085. 50 I certify that no payment has been received for the above charges. [BEAL] Reverse Medicines given to James Whitebull, November 3, 1945, to March 15, 1946: Alcohol: 13 pints-50 cents per pint (error in original bill, no cor rection made in this bill) _. $84.00 1.00 1.00 1.00 2. 70 7.50 2. 00 . 15 Oil of cloves: 2 drams___ S. T. 37, 12-ounce bottle.. Nupercainal ointment: 2 ounces at 75 cents per tube. Vitamin E: 5 dozen, 50 mg. at 50 cents per dozen.... Rx No. 3791.. Rx No. 3792_ 1. 25 1.50 5. 50 2-4-6 Enemas: 9 at 30 cents each. Hypos: 46 morphine 1⁄2 gr. at 10 cents each... Nembutal: 35 capsules, 11⁄2 gr. at 5 cents each_ Imbicall with vitamin B: 2 ounces at 20 cents per ounce. Total... Dressings and irrigations: Retention catheters (2 at $2.50 each) – – Bladder irrigations: 66 at 25 cents each__ Total... 2. 50 2. 00 3.50 2.70 4. 60 1. 75 .40 .20 125.25 5. 00 16. 50 4. 75 26. 25 AFFIDAVIT I, the undersigned, do hereby certify that I was the attending physician of James Whitebull, Canadian Indian. A serious gunshot wound necessitated surgery and hospitalization. Dr. Thomas A. Angland was called as consultant and surgeon, and Emily Pursell, anesthetist, for the administration of a gas anesthetic. My fee for the laminectomy and removal of bullet was quoted at $200 and for post-operative care at $50. The total charge of $250 is just, correct, and due, and agrees with the bill filed with the Yakima Indian Agency, Toppenish, Wash. To date, no part of the total sum has been received. GUY E. MARCY, M. D. Subscribed and sworn to before me this 27th day of March A. D. 1948. [SEAL] HELEN E. NEILSEN, Notary Public in and for the State of Washington. AFFIDAVIT I, the undersigned, do hereby certify that I was called by Dr. Guy Marcy as consultant and surgeon on the James Whitebull case, November 3, 1945, at which time a bullet was removed between the second and third dorsal vertebrae, and in order to accomplish this, a laminectomy was necessary. The charge for this service was quoted at $100 and is on file in the Yakima Indian Agency office at Toppenish. It is a true, just, and correct charge, no part of which has been received. THOMAS A. ANGLAND, M. D. Subscribed and sworn to before me this 30th day of March, A. D., 1948, [SEAL] KATHERINE GORDON, Notary Public in and for the State of Washington. AFFIDAVIT I, the undersigned, do hereby certify that I administered a gas anesthetic to James Whitebull, Canadian Indian, at St. Elizabeth Hospital, by request of Dr. Guy Marcy, November 3, 1945, at which time a bullet was removed and a laminectomy performed. The charge for the gas anesthetic was quoted at $15, and agrees with the original charge sent to the Yakima Indian Agency, Toppenish. The charge is true and correct and no part of the same has been paid. EMILY S. PURSELL, R. N. Subscribed and sworn to before me this 25th day of March A. D. 1948. (SEAL] T. J. CORKERY, Notary Public in and for the State of Washington. AFFIDAVIT I, the undersigned, being duly authorized to act for Brown's Pharmacy, do hereby certify that James Whitebull purchased an enema bag and tube, April 4, 1946, charging the cost for same, $1.52, to the Yakima Indian Agency, Toppenish, Wash. This is correct, just, and still due. EDITH L. BROWN, Owner. Subscribed and sworn to before me this 9th day of April A. D. 1948. [SEAL] MRS. L. H. YOUNGS, Notary Public in and for the State of Washington. |