instantly killed, 2 others sustained injuries from which they later died, and 13, including Miss Gladys Prieto, sustained personal injuries.

Miss Prieto was taken from the scene of the accident to the Bayamon District Hospital, at Bayamon, P. R., for the treatment of her injuries. On April 10, 1948, Dr. Fernando Asencio, surgeon in chief of that institution, submitted the following statement:

"Gladys Prieto, age 16, was admitted to this hospital with an admission diagnosis of fracture of the neck of the humerus and possible fracture of the hip joint. The patient was hospitalized on the same day. The radiologic report given by Dr. Landron Becerra reads as follows:

""There is a fracture of the right pubis with subluxations of the right sacro-iliac joint and of the symphysis pubis. The entire right inominate bone is displaced upward. There is a fracture of the surgical neck of the left humerus with dislocation. The head of the bone is displaced laterally and downward.'

"Due to the extensive injuries of this patient, a consultation with the orthopedic surgeon, Dr. Friedman, was made. The patient was scheduled for reduction of the dislocation of the humerus on June 22, 1944.

"The ultimate diagnosis, as well as the grade of disability, could not be determined as yet.

"The following correspondence and certificates to that effect were given as follows: On April 1945 a letter stating the dates of hospitalization were given which stated that from June 11, 1944, to September 20, 1944, she was hospitalized and on April 2, 1945 she was still under physiotherapy. The patient has not been observed in this hospital since then."

On April 26, 1948, Capt. William H. Hagan, Medical Corps, United States Army, after a physical examination at Miss Prieto of the Rodriguez General Hospital, Fort Brooke, San Juan, P. R., submitted the following report:

"CERTIFICATE OF PHYSICAL EXAMINATION OF MISS GLADYS PRIETO

"History (as given by patient): In 1944 returning from an Army picnic in an Army truck, the patient sustained multiple injuries when the vehicle was involved in an accident. She claims to have been unconscious for approximately 1 day, was treated at Charity District Hospital at Bayamon, P. R., with traction to the right leg and left arm for 2 months, then by operation on the left shoulder followed by body cast for 2 months, then physiotherapy three times a week for 5 months. For some reason, the left arm was allegedly returned to a plaster cast for 2 weeks. "The present complaints are:

"1. Pain on motion of left shoulder anteriorly and in the operative site. "2. Pain, chronic, right sacro-iliac region.

"3. Pain on motion, left elbow.

"4. Apprehension that she will be unable to have normal pelvic delivery in the event of childbirth.

"Examination

"1. Right upper extremity normal.

"2. Left upper extremity: There is no limitation of passive movement of the left shoulder. There is limitation, probably voluntary, of active abduction to 90° and of forward flexion to 145°; no limitation of internal or external rotation or extension. There is 5° limitation of extension and 15° limitation of flexion to active and passive motion of the left elbow; no limitation of pronation or supination; waist and hand normal.

"3. Lower extremities, spine and pelvis normal except for evidence of old fracture of the pubic rami.

"X-rays of the skull, chest, left shoulder, pelvis, and hip joints were taken on April 9, 1948. A-P and lateral films of the left elbow were taken on April 15, 1948.

"Impression

"1. Fracture, old, humerus, left, well healed, without significant deformity. "2. Fractures, old, pubic rami, bilateral, wel! healed with slight displacement "3. Deformity, elbow, left, manifested by 5° limitation of extension and 15° limitation of flexion.

"4. The films of the skull, chest, and left elbow are negative.

"Remarks

"It is my estimate that this woman has less than 10-percent permanent disability."

Miss Prieto was 16 years of age and unemployed at the time of her injury in this accident. She lived with her parents and was a student at the Central High School, Santurce, P. R.

On August 1, 1947, the War Department paid to Miss Prieto the sum of $275 for medical and hospital expenses incurred as a result of her injury on June 11, 1944, under the provisions of the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), as amended. There is no statute available to the Department of the Army under which any amount may be paid administratively to Miss Prieto on account of the personal injuries sustained by her in this accident.

The evidence fairly established that this accident and the resulting personal injuries sustained by Miss Gladys Prieto were not caused by any fault or negligence on her part but were caused solely by the negligence of the driver of the Army vehicle involved in the accident in rounding a curve on a wet road at an excessive speed while transporting 23 passengers. The Department of the Army, therefore, believes that this claimant should be compensated in a reasonable amount for the personal injuries sustained by her in said accident. Considering the serious nature of the injuries sustained by Miss Prieto, which have resulted in a considerable degree of permanent disability, and the pain and suffering undergone by her, it is the view of the Department that the proposed award of $5,000 stated in H. R. 3163 is fair and reasonable. The Department, accordingly, has no objection to the enactment of this bill.

The claimant has no remedy under the Federal Tort Claims Act (60 Stat. 842; 28 U. S. C. 921) for the reason that the accident in which she was injured occurred prior to January 1, 1945.

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

SWORN STATEMENT

KENNETH C. ROYALL,
Secretary of the Army.

I, Manuel Vélez, under oath declare that I am named as said above, of age, married, and of this vicinity.

That on the 9th of June of the year 1919 I married Rafaela Roldán of which marriage seven children have been born, one of them registered under the name of Lydia Vélez Roldán.

That since a child we as well as all her friends called her Lilly instead of Lydia, and at present known as such, even though her real name is Lydia, being the same person that appears registered on folio 576 of book 15 and under the number 911 of the civil register of Santurce, P. R.

And in order that it be of record, I sign this at San Juan, P. R., today the 5th of March 1948.

AFFIDAVIT NO. 6694

MANUEL VÉLEZ.

Sworn and signed before me by Mr. Manuel Vélez, of the above-mentioned personal circumstances and who I know personally in San Juan, P. R., today the 5th of March 1948.

From: Chief Commander of the District I. P. Guaynabo.
To: Chief of the Insular Police, Int. San Juan.

Subject: Accident military truck (2 dead 20 wounded).

1. To inform V. H. that in June 11, 1944, at 9 p. m. Bo. Sabana of Guaynabo, P. R. road No. 25, Km. 3-2, the military Truck No. W3441272, property of the U. S. Army, Camp Buchanan, driven by Pvt. Félix J. González Battery soldier, No. 35 H. D. C. A. Camp Buchanan, crashed with an almond tree which broke and then crashing with another almond tree, overturning, the result of which a group of ladies that were traveling in this truck, the lady Francisca Sánchez, white, 42 years old, living in Loiza Street, No. 58, Santurce, P. R. Dead instantaneously, as a result of fractures of the brain and other blows received on the body; next day. Mrs. María Luisa Sosa, white, 26 years old. living on Serra

Street, No. 72, Santurce, and who was hospitalized in the District Hospital of Bayamón, Dead, as a result of blows received. The following ladies who were traveling in the said truck, Emma López, white 16 years old, living on Serra Street, No. 71, Santurce; Lucy Delgado, white, 23 years old, living in Borinquen Avenue, Santurce; Gladys Prieto, white, 16 years old, living in Monserrate Street, stop 151⁄2 Santurce; Lydia Cortés, white 17 years old, Palacios Street, No. 36, Santurce; Carmen Batista, white, 23 years old, living in Serra Street, No. 13, stop 15, Santurce; Aida Morales, white, 20 years old, living in Santurce; Rosa Cruz Avilés, white, 17 years old, living at Santurce; and Alejandrina Cruz Santana, white, 20 years old, living in Santurce; were hospitalized in the District Hospital of Bayamón, due to fractures of the arms, legs, major wounds, and hard blows received. Furthermore, María Victoria López, living in Serra Street, No. 72, Santurce; Julia López, living in Serra Street, No. 71, Santurce; Ana Luisa Quintero, living in La Paloma Street, No. 9, Santurce: Rosa Maria Oliveras, living in Serra Street, No. 71, Santurce; Carmen Morales Sánchez, living in Loiza Street, No. 58, Santurce; Julia Elena Díaz, living in Willian Street, No. 9, Barrio brero, Santurce; Patria Vélez, living in Betances Street, No. 36, Santurce; Irma Delgado, living in Olmeda Street, No. 91, Santurce; Julia Esther Díaz, living in William Street, No. 91, Santurce; Julia E. Díaz, living in Palacios Street, No. 103, Santurce; Lily López, living in Tapia Street, No. 113, Santurce; and Lydia Ortíz, living in Palacios Street, No. 85, Santurce; were cured of wounds and mild blows and were sent to their respective homes.

2. Having done the pertinent investigation by the undersigned and Policeman Felixberto Montalvo No. 854, from the detachment of the Bo. Sabana of this district, and Policeman Emilio Morales No. 1362, who did not witness the facts, and established in the said place and with the pertinent statements by the persons who were traveling in the said truck, already mentioned, it is understood that the accident occurred in the following way:

While the truck was traveling toward Punta Salinas from Toa Baja to Santurce, from where they were returning from a party in the USO Club, when they arrived at the place already mentioned, at great speed and with three ladies in the front seat by his side, and in pleasant talk, at this instant one of the ladies put her arm around his neck, the wheel went out of control which caused the accident, with the results mentioned above. This case was first notified to the Honorable judge of peace of this town and then to the Honorable district attorney of the District of Bayamón, who proceeded with the investigation of the same, taking oath statements from the ladies that were hospitalized in the hospital of the district. In regard to the driver (soldier) he was hospitalized in the Military Hospital Camo Buchanan, and who also received major blows and being at the same time under arrest by the military authorities of the said camp.

3. Up to date it has not been determined if the accusation against the said chauffeur is going to be under the military authorities or under the Honorable District Attorney of the District, I was thus informed yesterday by the said district attorney.

(Signed) José A. LÓPEZ VÉLEZ, Sargeant I. P. Committee of the District.

1st Session

MRS. SARAH J. MILLER

No. 532

MAY 5, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. BYRNE of New York, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 3471

The Committee on the Judiciary, to whom was referred the bill (H. R. 3471) for the relief of Mrs. Sarah J. Miller, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is that the Comptroller General of the United States be, and he is hereby, authorized and directed to settle and adjust the claim or claims for payment of the amount due the estate of Marion Miller, private, first class, Army of the United States, deceased, incident to his service in the Canadian Army, which amount was paid to the United States by the Government of the Dominion of Canada, February 27, 1943, for his credit, but which was erroneously paid by a United States finance officer to another individual of a similar name, and to allow in full and final settlement of the claim or claims not to exceed $59.58. There is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of $59.58, or so much thereof as may be necessary, for the payment of such claim or claims.

STATEMENT OF FACTS

The proposed legislation was supplemented by the Assistant Comptroller General of the United States, who suggested the enactment of a statute, copy of which is attached, which would accomplish the purpose, and referred it to your committee for consideration. Your committee, having carefully considered the legislation proposed, recommends that favorable action be taken on it.

A letter from the Assistant Comptroller General of the United States is as follows:

ASSISTANT Comptroller GENERAL OF THE UNITED STATES,
Washington, February 23, 1949.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

My Dear Mr. SPEAKER: Pursuant to the act of April 10, 1928 (45 Stat. 413) I have the honor to transmit herewith my report and recommendation to the Congress concerning the claim against the United States of Mrs. Sarah J. Miller, 70481⁄2 Bennett Street, Pittsburgh, Pa., as mother of Marion Miller, deceased, on account of an amount due his estate, with the request that you lay the same before the House of Representatives.

A duplicate of this report is being transmitted by me to the President of the Senate.

Respectfully,

The CONGRESS:

FRANK L. YATES,

Assistant Comptroller General of the United States.

ASSISTANT COMPTROLLER GENERAL OF THE UNITED STATES,
Washington, February 23. 1949.

Pursuant to the act of April 10, 1928 (45 Stat. 413), I have the honor to submit the following report and recommendation concerning the claim of Mrs. Sarah J. Miller, 70481⁄2 Bennett Street, Pittsburgh, Pa., as mother of Marion Miller, deceased, Army serial No. 10600851, private, first class, Army of the United States, for payment of an amount representing $66, Canadian currency, due the estate of the decedent incident to his service as an enlisted man in the Canadian Army, which amount was paid to this Government by the Government of the Dominion of Canada for his credit.

From the record before this office it appears that the amount in question, together with amounts due from the Canadian Government to certain other enlisted men in the United States Army for prior service in the Canadian Army, was paid to this Government by Dominion of Canada letter of credit No. A 8670, dated February 27, 1943, for the credit of the individuals concerned. Apparently without making positive identification of the person entitled to the amount in question, the Army finance officer handling such funds erroneously paid the amount involved to one Pvt. Milton Miller, Army serial No. 10600565, who now has been discharged from the Army. Private, first class, Marion Miller was killed in action on July 28, 1944. While it thus appears that the estate of the said Marion Miller is entitled to the amount in question, payment thereof may not be made since there is no appropriation or fund available therefor.

Action has been initiated toward effecting recoupment of the erroneous payment. However, since the rightful payee was not at fault it would appear inequitable to make payment to his estate contingent upon possible collection from the erroneous payee or to withhold payment until such time as the erroneous payment might be recouped. Furthermore, while it may be that the estate of the decedent technically has a valid claim against the Canadian Government for the amount due, if such claim were recognized the Canadian Government would have at least an equitable claim against the United States in view of the apparent negligence of the United States officers in making payment to the wrong individual. Accordingly, under the circumstances, I recommend to the Congress that an appropriation be made to permit payment of the amount in question. In this connection your attention is invited to my report to the Congress under date of November 26, 1947, B-67974, and Private Law 326, Eightieth Congress, second session, approved June 1, 1948.

The amount due Mr. Miller was $66, Canadian currency, and was paid to this Government in British pounds which at the then current conversion rate amounted to £14.15.4, which, converted into United States dollars, amounted to $59.58. If the Congress should agree with my recommendations in this matter, it is suggested that the enactment of a statute in substantially the following terms will accomplish the purpose:

"Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That the Comptroller General of the United States be, and he is hereby authorized and directed to settle and adjust the claim or claims for payment of the amount due the estate of Marion Miller, private.