with his. The case is still on the court general docket and has not yet been tried. In my opinion I believe that I will succeed in getting a judgment, but I doubt that I will be able to collect anything from him after I get the judgment." The War Department has not been informed as to the outcome of that suit. On August 10, 1944, a claim was filed with the War Department by Robert E. Graham in the amount of $5,000 for the personal injuries allegedly sustained by him in the accident involving the Army bus. This claim was disapproved by the War Department on April 19, 1945, for the reason that the proximate cause of the collision was the negligence of Robert E. Warren, the driver of the automobile in which Mr. Graham was riding, in failing to maintain a proper lookout for traffic about to enter the intersection from his right and in driving into the intersection before the traffic light facing him showed green, in violation of local applicable traffic regulations, and that the driver of the Army vehicle involved in the accident was not contributorily negligent. The evidence fairly establishes that the second accident in which Mr. Graham was involved on November 14, 1943, was not caused by any fault or negligence on the part of the driver of the Army vehicle involved in the collision, but was caused solely by the negligence of Robert E. Warren, the driver of the vehicle in which Mr. Graham was riding, in proceeding into an intersection against a red traffic light in violation of section 8157 (c) 1, Mississippi Code Annotated, 1942, in failing to maintain a proper lookout, and in operating his vehicle in such a manner that he was unable to yield the right-of-way to the fifth unit in the Army convoy which had entered the intersection first and from his right. Inasmuch as the driver of the Army bus was not guilty of any negligence which either caused or contribution to the accident, it is the view of the War Department that there is no responsibility on the part of the United States to compensate Mr. Graham for the personal injuries which has has sustained. Furthermore, the evidence fails to establish that Mr. Graham sustained any injury as a result of the second accident. Accordingly, it is recommended that the bill be not favor ably considered. The fiscal effect of the bill is manifest. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, HENRY L. STIMSON, Secretary of War. STATE OF MISSISSIPPI, Covington County: I, Robert E. Graham, an adult citizen of the county and State aforesaid, hereby certify that on November 14, 1943, in the town of Collins, said county and State, where Federal Highway 84 crosses Federal Highway 49 in said town, I was seriously and permanently injured in an automobile wreck; that at this highway crossing there is an overhead highway signal light, which is used as a signal in traveling the two highways-Highway 84 runs east and west, or practically so, and Highway 49 runs north and south, or practically so-when the red light was on it was a signal for the travelers in automobiles to stop until the green light came on; that affiant was riding in an automobile driven by R. E. Warren on Highway 49 going south and on this highway the green light was on, giving Mr. Warren the right to travel down Highway 49 under the green light; that the red light was facing the travelers on Highway 84, which was a signal for the travelers on Highway 84 to stop; that while we were traveling south on Highway 49 with the green light facing us, which we had a right to do, a very heavy Army vehicle belonging to the United States Army was going east on Highway 84, and the driver of said United States Army vehicle ran through said red light, into the front of the car that Mr. R. E. Warren was driving, with great force and violence, which affiant herein was riding as aforesaid; the said Mr. Warren, the driver of the car, or affiant herein having no notice or warning that any such vehicle was anywhere near, as there was no one present to flag traffic, which is the usual and customary practice in such cases; thereby, then and there, affiant was thrown from the car in which he was riding to the highway concrete, totally destroying the automobile that he was riding in and the affiant herein was knocked unconscious presently, and remained in a dazed condition until he was carried home and for some time thereafter, and was seriously and permanently injured in his head, back, and hip, and was confined to his bed for about 10 days, and his condition necessitated his remaining in his home under the care of a doctor for H. Repts., 80-2, vol. 2 49 some time; that during all of which time he suffered very great pain of body and mind, and has not at this time recovered from his said injuries; that he expended $128 for medicine and medical attention, and has not been able to carry on his usual work since receiving his said injuries. ROBERT E. GRAHAM. Sworn to and subscribed before me on this the 26th day of April A. D. 1945. [SEAL] Mrs. LOBA B. BLOUNT, Notary Public. My commission expires January 14, 1947. STATE OF MISSISSIPPI, County of Rankin: This day personally appeared before me, the undersigned authority in and for said county and State, the within-named R. E. Warren, who, after being first duly sworn, makes affidavit that on Sunday morning about 11:30 a. m. of November 14, 1943, he and R. E. Graham of Collins, Miss., were driving south on Federal Highway No. 49 where said highway intersects or crosses Federal Highway No. 84 in the town of Collins, Miss.; at which place and time a very heavy Government Army vehicle ran into my automobile and the automobile that Mr. R. E. Graham was riding in, totally demolishing same, and throwing the said R. E. Graham to the pavement with a terrific force, and causing him, in my opinion, great bodily harm. Affiant herein further makes affidavit that there is an electric signal light hanging over the center of where said above-mentioned highways cross, giving a green light for the passengers facing same, and which is the signal to go, and that the red light is the signal to stop, and that at this time he had the green light and proceeded to go forward, being blinded from any traffic coming from the west on said Federal Highway No. 84 by a Standard Oil Co. service station which is located in the southwest corner of said intersection or crossing and that he did not see said Government vehicle until he was almost to the center of said intersection, having no knowledge of the approach of same as there was no one present to flag traffic or give any signal that a convoy or a vehicle of any kind was approaching and meant to disregard said above-mentioned signal light. Affiant herein further makes affidavit that said Government vehicle was traveling at a very high rate of speed and was unable or did not stop for 100 yards or more after said collision, and that after said collision affiant herein, thinking the said R. E. Graham was killed or seriously hurt, rushed to him as soon as he could, and found him in a semiconscious condition; and Mr. James D. Arrington, mayor of the town of Collins, being near the scene of said accident, had gotten to the said R. E. Graham, and was helping him up, and soon left with him in an automobile, Mr. Graham's face and head being terribly swollen and black. R E. WARREN. Sworn to and subscribed before me on this the 17th day of April, 1945. [SEAL] My commission expires February 17, 1949. STATE OF MISSISSIPPI, County of Covington: OLA S. MCLAURIN, Notary Public. This day personally appeared before me, the undersigned authority in and for said county and State, the within-named James D. Arrington, an adult resident citizen of said county and State, who, after being first duly sworn, makes affidavit that on Sunday morning about 11:30 a. m., November 14, 1943, Tarver M. McIntosh and myself were sitting in front of Standard Oil station, which is located in the southwest corner of the intersection or crossing of Federal Highway No. 84 and Federal Highway No. 49, at Collins, Miss., when at this time I noticed a man on a motorcycle ride up to the above-mentioned highway crossing and stop, and in a very short time-possibly 1 minute-some Army vehicles came by, coming from the same direction that the man riding the motorcycle came from, which was from the west traveling on Federal Highway No. 84, and going east, and after several of the above-mentioned Army vehicles had passed, the man on the motorcycle went on the way said Army vehicles were going, and in some 3 or 4 minutes I noticed an automobile traveling on Federal Highway No. 49 and going south with some man I did not know driving, and R. E. Graham of Collins, Miss., riding side of him in said automobile, and as they went into the crossing of said above-mentioned highways, a very heavy Army vehicle came by at an extreme high rate of speed, and struck the automobile in which the said R. E. Graham was riding, almost demolishing same, and throwing Mr. Graham from said automobile to the concrete with a terrific force, narrowly escaping death from the wheels of said Army vehicle. Affiant herein further states that he was the first person to Mr. Graham after the collision, and that he appeared to be in a horrible condition, suffering principally from a terrible lick on his head, one side in which in a short time turned black, and terribly swollen. Affiant herein further states that he carried Mr. Graham to his home in a groggy condition, at which time his wife summoned a physician. Affiant further makes affidavit that there is an electric signal light hanging above the center of said highway crossing giving a green light for passengers facing same to go, and a red light for passengers to stop, and that the automobile that Mr. Graham was riding in was facing the green light, giving the driver of said automobile the right to go, and that the red light was facing said Army vehicle, and the driver of same wholly ignored same and was responsible for said accident. JAMES D. ARRINGTON. Sworn to and subscribed before me on this the 26th day of April 1945. [SEAL] MRS. LORA B. BLOUNT, Notary Public. My commission expires January 14, 1947. STATE OF MISSISSIPPI, Covington County: I, Dr. D. T. Allred, hereby certify that I am a duly licensed and practicing physician and surgeon in Collins, Covington County, Miss., engaged in the general practice of medicine; that I graduated from the Tulane University in New Orleans, La., in 1918, and had my internship in the Charity Hospital in New Orleans, La., in 1918 and 1919, and immediately thereafter engaged in general practice in Collins, Covington County, Miss., and have been actively engaged in said practice since that time and consider myself competent to diagnose ailments of the human body, and all parts thereof, and administer to such ailments; that sometime between 11 and 12 a. m., on November 14, 1943, I was called professionally to the home of Mr. Robert E. Graham, who resided then and now in Collins, Covington County, Miss. I found Mr. Graham in bed suffering intense pain in his head, shoulders, neck, and right knee. The bruises on him indicated and from what he said it was apparent that he had been in an automobile wreck. He said that he had been run into while he was driving his automobile by a man by the name of John Coulter, when his right leg and knee was injured, caused when the two cars collided and his knee struck the dash of his car; that the injuries to his head, face, neck, and shoulders were caused when an Army truck or vehicle ran a red light at the intersection of 49 and 84 highways in the town of Collins, Covington County, Miss., and struck the automobile in which Mr. Graham was riding and threw him out on the pavement. As a result of his injuries he was confined to his bed for some 2 or 3 weeks, and to his home for some several months. Mr. Graham enjoyed good health prior to the time of his injuries, but since that time I have closely observed and treated him, and from my observation and treatment it is my opinion that the injuries to his knee and leg have cleared up, and there is very little, if any, pain or permanency; but, as to the injuries to his head, neck, and right shoulder, I am clearly of the opinion they are still causing him a great deal of pain and suffering, and have affected his nervous system to such an extent that these injuries should be classified as permanent, and I cannot see or appreciate how these permanent injuries could have resulted from the injuries to his knee and leg, but about the only reasonable and sensible conclusion is they occurred or were caused by his being thrown out of the Warren automobile, his right shoulder and head hitting the pavement first at the intersection of 49 and 84 highways, in the town of Collins, Miss., when the Warren car was struck by the United States Army truck or vehicle, as claimed by Mr. Graham and others, which was bound to have been the cause of the present condition of his shoulder and neck at this time. D. T. ALLRED, M. D. Sworn to and subscribed before me this the 16th day of February 1948. [SEAL] BONNIE SMITH, Notary Public. My commission expires September 20, 1950. STATE OF MISSISSIPPI, Covington County: I, James D. Arrington, hereby certify that I am the present and acting mayor of the town of Collins, Covington County, Miss., and was the mayor of said town on November 14, 1943, and between 11 a. m. and 12 o'clock noon I was standing in front of the Hubert Lott Standard Service Station, which is situated in the northwest corner of the intersection of United States Highway 49 and United States Highway 84 in the town of Collins, Miss., United States Highway 84 running east and west, or practically so, and United States Highway 49 running north and south, or practically so; and that where I was standing I had a plain view of the signal light for traffic over the center of the said intersection of said two highways; that I observed a United States Army truck or vehicle proceeding on United States Highway 84 in an easterly direction, and at the same time observed an automobile in which Robert E. Graham was riding on the right front seat by the side of the driver, Mr. Robert Warren, going in a southerly direction. I noticed that a green light for traffic was on Highway 49, which gave Mr. Warren the right-of-way to proceed south the way he was going; that I noticed the red light for traffic was on United States Highway 84 which required the driver of the Government vehicle to stop to enable the one on United States Highway 49 to proceed under the green light; that the Warren car in which Mr. Graham was riding had the green light and right-of-way, and by the driver of the Government truck or vehicle running the red light and violating the rules of the road and the ordinance of the town of Collins, while running some 50 or 60 miles an hour, with great force and violence ran into, upon, and against the right-hand side of the car in which Mr. Graham was riding, and threw Mr. Graham out of the righthand door of the car with great force upon the concrete pavement, falling upon his right shoulder, head, and neck, and appeared to be unconscious after he hit the said concrete pavement; that I assisted in carrying him home, and he appeared to be suffering from his wounds in his head, shoulders, and neck. It appeared to me to be a miracle that he was not killed. Neither Mr. Graham nor the driver of the car in which he was riding, Mr. Robert Warren, were in any way at fault in causing the wreck, but the driver of the United States Army truck was wholly to blame for the wreck that resulted in Mr. Graham's injuries; that I have personally and intimately known Mr. Graham for 20 or 25 years, being one of his nearest neighbors most of the time, and know that before his injury he was a well, stout, and able-bodied man, and that since his injuries and particularly for some 3 years thereafter, he was unable to work and now complains of pain in his head, shoulder, neck, and back, being the injuries he received when he was thrown out of the automobile as hereinabove set out, and he does not appear to be a well man now, but is highly nervous and constantly complaining of having pains in his head, shoulder, neck, and back. That I am not related to Mr. Graham, and have no interest in any claim that he may have against the Government, and make this affidavit of my own free will in order that justice may be done. JAMES D. ARRINGTON. Sworn to and subscribed before me, this the 16th day of February 1948. [SEAL] BONNIE SMITH, Notary Public. My commission expires September 20, 1950. To Whom It May Concern: This is to certify that on November 14, 1943, p. m., I was called to see R. E. Graham at his home in Collins, Miss., to treat him for injuries received in an automobile accident before noon of that day. I was out of town at the time of the accident. When I saw him at his home he was complaining of severe headache and pain in his neck, back, and right leg. There were numerous abrasions and contusions of the head and face, and cut of the right knee. I treated him at his home for several days and at my office for several weeks. During that period and at irregular intervals since that time, I have treated him for pain in the neck and upper back. At times this is severe enough to require narcotics for relief. In my opinion, this pain is caused by being thrown to the pavement on his head, and from the impact there was injury to the vertebrae of the neck. He has been very nervous ever since the accident and cannot sleep well. Signed at Collins, Miss., on this the 27th day of April 1945. о D. T. ALLRED, M. D. 80TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session } AUBREY F. HOUSTON { REPORT No. 1568 MARCH 16, 1948.-Committed to the Committee of the Whole House and ordered to be printed Mr. CRAVENS, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 2889j The Committee on the Judiciary, to whom was referred the bill (H. R. 2889) for the relief of Aubrey F. Houston, 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 $1,701.94 to Aubrey F. Houston, of Los Angeles, Calif., in full settlement of all claims against the United States for loss of personal property in fire on November 1, 1945, when the Furnace Creek ranger residence (Furnace Creek Ranger Station, quarters No. 4, outside, southeast corner of Furnace Creek Camp) occupied by the said Aubrey F. Houston was destroyed by fire originating from electric light fixtures. STATEMENT OF FACTS The facts in connection with this claim are fully stated by Mr. Houston in memorandum to Chief Ranger Ogston which is made a part of this report. Your committee has given careful consideration to the bill and in view of the fact that the Interior Department has no objection to the enactment of the bill, your committee recommends favorable consideration. Statement of Mr. Houston is as follows: Memorandum for Chief Ranger Ogston. Subject: Fire Furnace Creek Ranger Station. About 11:55 a. m., November 1, 1945, while starting lunch in the kitchen, I heard a small explosion, as of a light bulb, and the sound of glass striking the floor, from the annex bedroom. Having been working there, and intending to return while my lunch was cooking, I had left the light burning. Hurrying into the room, I saw the ceiling fixture, and one bulb in pieces on the floor, and a small tongue of flame at the lighting fixture. I dashed out to the back door, and took the foam type extinguisher that was there, and hurried back into the house. The visible flames were quickly extinguished, and I then took the extinguisher outside. Opening the outside closet to get a broom and mop, with |