the military personnel stationed at South Point and under the direct control of the district commander. The fact that no contractual arrangement was effected in itself constitutes further proof of negligence on the part of district commander who, utilizing the authority vested in him under military law, arbitrarily impounded the Eldora upon the outbreak of hostilities and made no effort whatsoever to protect the owner's interests even to the extent of issuance of a receipt for impounded private property. That the loss of the Eldora was the indirect result of combat activities is obvious, it being beyond the necessity of proof that a state of war existed after December 7, 1941, and that the islands of the Hawaiian group were under military law. In summary, the deponent contends that ample proof has been presented that the Eldora was seized by the military authorities, that she was entirely under their control up to and including the times when she was lost, that proof of negligence has been presented, that the owner or his representation were indeed prohibited from taking measures to insure the safety of the vessel, that having impounded the Eldora, her safety during that time devolved upon the military authorities, that regardless of what measures were taken by the military authorities to insure the safety of the vessel, she was nevertheless lost, and that the loss of the Eldora occurred while the military authorities were in complete control of the vessel, and that the responsibility for the loss was theirs and theirs alone. Further, that the deponent, after a lapse of nearly 4 years has received absolutely no compensation for this loss and has suffered unwarranted financial hardships resulting therefrom by reason of being deprived not only of the monetary value of the vessel, but also the income resulting from her operation. And that the claim was thoroughly and completely investigated by officers of the Judge Advocate General's offices in the Territory of Hawaii, who were competent to judge the facts of the case and made written recommendation that the claim be approved when the claim was forwarded for final action, and finally, that the claim was unjustly disapproved by the Chief of the Claims Division in Washington, D. C. Further this affiant saith not. ERWIN F. EARL 0256591, Subscribed and sworn to before me this 11th day of September 1945. GORDON O. BERG, Lieutenant Colonel, Air Corps, Acting Adjutant General, Air Depot, A. P. O. 953. AFFIDAVIT OF MAJ. ERWIN F. EARL CITY AND COUNTY OF HONOLULU, Territory of Hawaii, ss: I, Erwin F. Earl, major, Air Corps, 0256591, being under oath and duly sworn, depose and state that I was notified by the claims officer investigating this claim that item I of the cost data sheet would not be recommended. This item represents cost of a Hill marine Diesel engine which was removed from the Eldora before her loss. It is my opinion that the cost of this engine, purchased by me for use in the Eldora, forms a legitimate portion of the total value of the boat to me, inasmuch as the total investment included cost of this engine less its estimated value at the time of its removal. However, since I have been advised by the claims officer that he will not recommend payment of this item, I hereby agree to accept the sum of $9,067.42 as payment in full for this claim. This figure is obtained by deducting the total cost of the Hill marine engine ($1,941.79) from the total of the claim ($11,009.21). I further agree that no other claim for loss of the Eldora will be made, other than the reduced claim for $9,067.42 herewith represented. ERWIN F. EARL, Subscribed and sworn to before me this 31st day of July A. D. 1944 at A. P. O. No. 953. To Whom It May Concern: KEWALO SHIPYARD, Honolulu, T. H., August 2, 1944. The undersigned has been a shipwright and professional boat builder for 14 years. With reference to the customs of boat builders and fishermen, when the keel of a new fishing boat is laid down, the ceremonies involve a gathering of the boat builder's crew, crew of the boat being built, owners and their representatives, and other persons interested in the fishing industry. The keel-laying ceremony includes serving of food and refreshments to all personnel involved. There is another and much more elaborate ceremony when the boat is finished and launched. This is attended not only by persons intimately connected with the building and operating of the boat, but by well-wishers, friends, and other fishermen and dealers. The shipyard and ways are usually decorated and the christening takes place at this time. After the launching takes place it is customary to provide food and entertainment for all the guests. Cost of these ceremonies is borne by the boat builder who in turn adds this expense to the total cost of the boat to the owners. This statement is prepared at the request of Maj. Erwin F. Earl. A certified true copy: KEWALO SHIPYARD, E. ARMSTRONG, AFFIDAVIT OF MAJ. HANS U. SMITHLINE CITY AND COUNTY OF HONolulu, Territory of Hawaii, ss: Personally appeared before me, the undersigned, authority for administering oaths, one Maj. Hans U. Smithline, who first being sworn according to law, deposes and says: That he was a licensed officer of the merchant marine during the years 1938 to 1943, and was rated as a master, motor vessels 350 gross tons, Hawaiian waters only. In October 1940, he was called to active duty with the Army of the United States as a second lieutenant, infantry: that Kalae Point (otherwise known as South Point) of the island of Hawaii, in his opinion, is not a safe anchorage for vessels of any type at any time. These particular waters are always exposed to any kind of weather. In addition to strong currents, ships making anchor in these waters are never afforded shelter from heavy seas and/or winds during the period of time they are anchored in the waters off Kalae Point, island of Hawaii. Navigation charts do not indicate these waters as being suitable for an anchorage nor is this information listed in any nautical publications. Furthermore, if an anchorage must be made in these waters, the master of the vessel should at all times have his ship and crew standing by to get under way in short order to prevent being forced aground or having the vessel drag anchor(s) and drift to sea. Further deponent sayeth not. H. U. SMITHLINE, Major, Air Corps. Subscribed and sworn to before me this 11th day of September 1945. GORDON O. BERG, Lieutenant Colonel, Air Corps. Acting Adjutant General, Air Depot, A. P. O. 953. O EVER READY SUPPLY CO. AND HAROLD A. DAHLBORG 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. 4307] The Committee on the Judiciary, to which was referred the bill (H. R. 4307) for the relief of Ever Ready Supply Co. and Harold A. Dahlborg, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. The purpose of the proposed legislation is to pay the sum of $210 to Ever Ready Supply Co., and to pay the sum of $57.60 to Harold A. Dahlborg, of Brockton, Mass., in full settlement of all claims against the United States for property damage, personal injuries, and loss of wages sustained as a result of an accident involving a United States Army ambulance at the intersection of Washington and Main Streets, North Easton, Mass., on July 16, 1940. STATEMENT OF FACTS It appears that on July 16, 1940, an Army ambulance, operated by an enlisted man on official business, was proceeding in a southerly direction on Washington Street in North Easton, Mass., at a speed of approximately 35 miles an hour. As the Army driver approached the intersection of Washington and Main Streets the traffic light facing him changed from green to yellow but, despite such change, he continued to drive his vehicle into the intersection. As he proceeded into the intersection he observed an automobile owned by the Ever Ready Supply Co. and operated by Harold A. Dahlborg, which had entered the intersection on Main Street and was traveling in a westerly direction. The driver of the Army vehicle thereupon applied his brakes, but he was unable to avoid a collision. The Army vehicle struck the rear portion of the right side of the civilian vehicle, causing the latter vehicle to turn completely around. As a result of the accident the civilian automobile was damaged in the amount of $210, and Harold A. Dahlborg was personally injured. On account of his injury in this accident Mr. Dahlborg incurred medical expenses in the amount of $16 and sustained a loss of earnings in the amount of $41.66. Mr. Dahlborg appears to have sustained no permanent disability as a result of his injury in this accident. The Secretary of the Army in his report dated June 18, 1948, states that the evidence fairly establishes that this accident and the resulting damage to the automobile of the Ever Ready Supply Co. and the personal injury of Harold A. Dahlborg were not caused by any fault or negligence on the part of either of said claimants, but were caused solely by the negligence of the driver of the Army ambulance involved in the accident in carelessly entering an intersection after the traffic light facing him had changed from green to yellow. The Department of the Army, therefore, believes that these claimants should be compensated for the damages sustained by them. The proposed awards are fair and reasonable, and the Department, accordingly, has no objection to the enactment of this bill. Therefore, your committee recommends favorable consideration to the bill. Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, DEPARTMENT OF THE ARMY, House of Representatives. DEAR MR. MICHENER: The Department of the Army has no objection to the enactment of H. R. 6222, Eightieth Congress, a bill for the relief of Ever Ready Supply Co. and Harold A. Dahlborg. This bill provides as follows: "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 $210 to Ever Ready Supply Company, and to pay the sum of $57.60 to Harold A. Dahlborg, of Brockton, Massachusetts, in full settlement of all claims against the United States for property damage, personal injuries, and loss of wages sustained as a result of an accident involving a United States Army ambulance, at the intersection of Washington and Main Streets, North Easton, Massachusetts, on July 16, 1940". On July 16, 1940, an Army ambulance, operated by an enlisted man on official business, was proceeding in a southerly direction on Washington Street in North Easton, Mass., at a speed of approximately 35 miles an hour. As the Army driver approched the intersection of Washington and Main Streets the traffic light facing him changed from green to yellow but, despite such change, he continued to drive his vehicle into the intersection. As he proceeded into the intersection he observed an automobile owned by the Ever Ready Supply Co. and operated by Harold A. Dahlborg, which had entered the intersection on Main Street and was traveling in a westerly direction. The driver of the Army vehicle thereupon applied his brakes, but he was unable to avoid a collision. The Army vehicle struck the rear portion of the right side of the civilian vehicle, causing the latter vehicle to turn completely around. As a result of the accident the civilian automobile was damaged in the amount of $210, and Harold A. Dahlborg was personally injured. On account of his injury in this accident Mr. Dahlborg incurred medical expenses in the amount of $16 and sustained a loss of earnings in the amount of $41.66. Mr. Dahlborg appears to have sustained no permanent. disability as a result of his injury in this accident. On March 15, 1941, the Ever Ready Supply Co. executed and filed with the War Department an acceptance agreement in which it agreed to accept the sum of $210 in full satisfaction and final settlement of its claim for the damage caused to its automobile in this accident, and on August 30, 1947, Harold A. Dahlborg executed and filed with the War Department an acceptance agreement in which he agreed to accept the sum of $57.60 in full satisfaction and final settlement for all of the damages sustained by him as a result of said accident. The claims of the Ever Ready Supply Co. and Mr. Dahlborg cannot be settled administratively by the Department for the reason that there is no statute under which they may be paid. The evidence fairly establishes that this accident and the resulting damage to the automobile of the Ever Ready Supply Co. and the personal injury of Harold A. Dahlborg were not caused by any fault or negligence on the part of either of said claimants, but were caused solely by the negligence of the driver of the Army ambulance involved in the accident in carelessly entering an intersection after the traffic light facing him had changed from green to yellow. The Department of the Army, therefore, believes that these claimants should be compensated for the damages sustained by them. The proposed awards are fair and reasonable, and the Department, accordingly, has no objection to the enactment of this bill. The claimants have no remedy under the Federal Tort Claims Act (60 Stat. 842, 28 U. S. C. 921) for the reason that the accident out of which their claims arise 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, KENNETH C. ROYALL, I hereby signify that I am willing to accept the sum of $210 in full settlement of my claim for damages against the Government of the United States for damage to my 1936 Plymouth sedan as a result of a collision between my car and Chevrolet ambulance USA-W-7122 on July 16, 1940. EVER READY SUPPLY Co., Subscribed and sworn to before me this 15th day of March 1941, at Taunton, Mass. FRANCIS D. MONEY, Notary Public. O |