WALT W. ROSTOW MAY 31, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. DENTON, from the Committee on the Judiciary, submitted the following REPORT (To accompany H. R. 2471) The Committee on the Judiciary, to whom was referred the bill (H. R. 2471) for the relief of Walt W. Rostow, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 6, strike out "$585.50", and insert "$468.40". The purpose of the proposed legislation is to pay the sum of $468.40 to Walt W. Rostow, of New Haven, Conn. Such sum represents reimbursement for sertain items of personal property lost at sea while being transported on the Empire Mersey from New York, N. Y., to London, England, where he was assigned as a civilian employee with the Office of Strategic Services. The steamship Empire Mersey, a tanker of British registry, was lost as a result of enemy action on October 13, 1942. STATEMENT OF FACTS It appears that on September 10, 1942, Mr. Walt W. Rostow, an employee of the Office of Strategic Services, was ordered by the Director of Strategic Services to proceed from Washington, D. C., to London, England, and other points designated in his orders. Mr. Rostow traveled by air from the United States to London. His personal belongings, other than a small amount taken by air, were shipped on the British tanker Empire Mersey. The claimant's baggage was lost on October 13, 1942, when the Empire Mersey was sunk at sea as the result of enemy action. On July 1, 1946, Mr. Rostow filed a claim with the War Department (now Department of the Army) in the amount of $585.50 (the amount stated in H. R. 3523) for damages on account of the loss of his baggage when the Empire Mersey went down. In the report of the Department of the Army, dated June 11, 1948, it is stated that it was apparent that Mr. Rostow was engaged in an important mission for the United States at the time his baggage was lost and it would seem proper that some remedy should be afforded him for such loss. The Department of the Army makes no specific recommendation for or against the enactment of this legislation. However, it does recommend that the bill be reduced from $585.50 to $468.40 and states that this would be fair and reasonable. Therefore, your committee recommends favorable consideration to the bill, as amended. Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, DEPARTMENT OF THE ARMY, House of Representatives. DEAR MR. MICHENER: Reference is made to your letter inclosing a copy of H. R. 3523, Eightieth Congress, a bill for the relief of Wait W. Rostow, and requesting a report on the merits of the bill. This bill provides as follows: "That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Walt W. Rostow, New Haven, Connecticut, the sum of $585.50. Such sum represents reimbursement for certain items of personal propoerty owned by the said Walt W. Rostow and lost at sea while being transported on the steamship Empire Mersey from New York, New York, to the said Walt W. Rostow in London, England, where he was assigned to duty as a civilian employee with the Office of Strategic Services. The steamship Empire Mersey, a tanker of British registry was lost as a result of enemy action on October 13, 1942." On September 10, 1942, Mr. Walt W. Rostow, an employee of the Office of Strategic Services, was ordered by the Director of Strategic Services to proceed from Washingtin, D. C., to London, England, and other points designated in his orders. Mr. Rostow traveled by air from the United States to London. His personal belongings, other than a small amount taken by air, were shipped on the British tanker, Empire Mersey. The claimant's baggage was lots on October 13, 1942, when the Empire Mersey was sunk at sea as the result of enemy action. On July 1, 1946, Mr. Rostow filed a claim with the War Department (now Department of the Army) in the amount of $585.50 (the amount stated in H. R. 3523) for damages on account of the loss of his baggage when the Empire Mersey went down. The only statute under which the claim could be considered was the Military Personnel Claims Act of 1945, approved May 29, 1945 (59 Stat. 225), which provides only for the payment of claims of military personnel and civilian employees of the War Department or of the Army for damages on account of the loss of their property in cases where the property in question is determined to be reasonable, useful, necessary, or proper for the claimant to have had under the attendant circumstances, and provided that the loss of the property shall not have been caused in whole or in part by any nebligence or wrongful act on the part of the claimant, his agent, or emplovee. Mr. Rostow made claim for the purchase price of the articles of lost property although most of the articles in question had been used for a considerable period of time prior to their loss. Upon consideration in the War Department it was determined that the fair and reasonable value of the lost articles in question at the time of their loss was $468.40. The property which was lost appears to have been reasonable, useful, necessary, and proper for the claimant to have had on the mission in which he was engaged at the time of the loss of such property. If Mr. Rostow had been an officer or enlisted man of the United States Army or a civilian employee of the War Department or of the Army at the time of the loss of his property, he could have been compensated for such loss in the amount of $468.40. However, since the claimant was not an officer or enlisted man of the United States Army or a civilian employee of the War Department or of the Army at the time of the loss of his personal property, his claim was not cognizable under the Military Personnel Claims Act of 1945, and it, accordingly, was necessarily disapproved on September 18, 1946. On September 23, 1946, Mr. Rostow was duly advised of the action taken on his claim. Since Mr. Rostow was apparently engaged in an important mission for the United States at the time his baggage was lost, it would seem proper that some remedy should be afforded him for such loss. The number of cases of this character does not appear to be sufficient to justify general legislation. However, as Mr. Rostow was not an officer or enlisted man of the Army or a civilian employee of the War Department or of the Army at the time of the loss of his baggage, the claim asserted in H. R. 3523 is not one that pertains to the Department of the Army. This Department, therefore, prefers to make no recommendation either for or against the enactment of the proposed legislation but to leave the matter of whether relief should be granted in this case to the equitable determination of the Congress: If this bill should be favorably considered by the Congress, it is recommended that it be amended to provide for an award to the claimant in the amount of $468.40, which will compensate him for the fair and reasonable value of his property at the time of its loss. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, KENNETH C. ROYALL, Secretary of the Army. Geneva, Switzerland, ss: CONSULATE OF THE UNITED STATES OF AMERICA, AFFIDAVIT OF WALT W. ROSTow The affiant, Walt W. Rostow, being duly sworn, deposes and says (1) That his domicile and personal abode is New Haven, Conn.; that he is of legal age, and that he was on October 13, 1942, a civilian employee of the Office of Strategic Services of the United States Government on duty at his station in London, England; (2) That on that date, to his information and belief, the S. S. Empire Mersey was lost at sea as a result of enemy action, and that his personal possessions were lost with the ship, having been shipped thereon by the United States Government to his care in London, England; (3) That the value of his personal effects lost as a result of the accident, according to lists prepared immediately before the shipment, and submitted to his superior officers immediately thereafter, is as follows: List of personal effects belonging to Walt W. Rostow which were lost as a result of enemy action while being shipped from Washington, D. C., to London, England List of personal effects belonging to Walt W. Rostow which were lost as a result of enemy action while being shipped from Washington, D. C., to London, England— Continued B. Articles in "very good" condition-Continued Blue wool scarf. Leather gloves. Dozen handkerchiefs___. Subtotal__... 349 C. Articles in "good" condition: Assorted tennis clothes, socks, shirts, handkerchiefs, slippers-- 20 Total..... 576 (4) That the legal officers of the Office of Strategic Services of the War Department have advised the affiant officially that application indemnity and for equitable relief should be made by petition to the Congress of the United States, which he has done. WALT W. ROSTOW. Signed and sworn to before me this 16th day of May 1949. WARREN S. MOORE, Jr., 81ST CONGRESS HOUSE OF REPRESENTATIVES 1st Session { REPORT No. 699 GEORGE M. BEESLEY, EDWARD D. SEXTON, AND HERMAN J. WILLIAMS MAY 31, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. DENTON, from the Committee on the Judiciary submitted the following REPORT [To accompany H. R. 40971 The Committee on the Judiciary, to whom was referred the bill (H. R. 4097) for the relief of George M. Beesley, Edward D. Sexton, and Herman J. Williams, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to pay the sum of $238.30 to George M. Beesley, Gulfport, Miss.; to Edward D. Sexton, Gulfport, Miss., the sum of $494.70; and to pay the sum of $504.53 to Herman J. Williams, Gulfport, Miss., for loss of personal property while on duty at the United States quarantine station, Ship Island, during the hurricane of September 19, 1947. STATEMENT OF FACTS It appears that these claimants were civil-service employees of the United States Public Health Service, and their post of duty was on Ship Island, where they were quarantined in buildings that were damaged by the hurricane. The Federal Security Agency states in its report of March 29, 1948, that there is no provision in any Public Health Service appropriation or other law authorizing reimbursement to employees for personal property lost under such circumstances. But an official review of the losses claimed by these three employees indicates that the amounts of relief provided in the legislation are reasonable and equitable. Affidavits signed by these three claimants, listing such losses, are attached hereto and made a part of this report. Therefore, your committee recommends favorable consideration to the bill. |