of inception of the cause of the veteran's death which was alleged to have been incurred in service. The evidence discovered in the course of the field investigation was considered together with all evidence previously filed, and it was determined by the Veterans' Administration in a decision dated September 10, 1940, that the cause of the veteran's death was attributable to his military service. On October 10, 1940, an award of death compesation, including additional benefits on behalf of the veteran's two children under the age of 18 years, was approved in favor of the widow in the amount of $58 monthly.

This was the first time that service-connection had been established for the disabilities suffered by the veteran, which ultimately resulted in his death. Prior thereto there was no entitlement to benefits by the veteran, while living, and upon his death by his widow, based upon serivce-connected disabilities. Subsequent to the approval of her award the widow contended that death compensation should have been awarded to her from the day following the date of the veteran's death. The basis of her contention was that she failed to file claim prior to 1939 because she was advised she was not entitled to death compensation by reason of the fact that service-connection of the veteran's disabilities had not been established. The commencing date of the award in this case represents the earliest date from which benefits could be paid the widow under the provisions of the applicable law since the first application filed by the widow was June 12, 1939, more than 1 year subsequent to the date of the veteran's death. If the veteran's widow had filed claim in June 1932, and failed (as in this case) to furnish additional evidence required to prove the service connection of her husband's disabilities, she would have no entitlement to death compensation payments under applicable law and regulations of the Veterans' Administration. The widow's entitlement to payment of death compensation was established as a result of the furnishing of additional evidence in April 1940. Since the evidence was received within 1 year from the date of filing claim, June 12, 1939, payments of death compensation were made effective that date. The widow is currently in receipt of death compensation in the amount of $60 monthly.

There is no authority under existing law to award death compensation to the widow, Jeanette C. Jones, for the period from the day following the date of the veteran's death to the date on which her application was received. The enactment of the proposed legislation would be discriminatory in that it would single out an individual case for a grant of retroactive death compensation to the exclusion of others whose claims must be denied under existing law where similar circumstances exist.

For the foregoing reasons the Veterans' Administration is unable to recommend favorable consideration of S. 1312, Eightieth Congress.

Advice was received from the Bureau of the Budget with respect to a similar report on a similar bill, H. R. 2530, Eightieth Congress, that there would be no objection by that office to the submission of the report to the committee.

Sincerely yours,

APRIL 1, 1948.-Committed to the Committee of the Whole House and ordered to be printed

Mr. FOOTE, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 371]

The Committee on the Judiciary, to whom was referred the bill (H. R. 371) for the relief of Jenness C. Thomas, 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 $144 to Jenness C. Thomas, of Halifax, Nova Scotia, in full settlement of all claims against the United States as reimbursement for funds lost by theft at the office of the War Shipping Administration, Portland, Maine, on or about July 29, 1945, while he was in charge, and without any fault on his part.

The Chairman of the United States Maritime Commission submitted report to the chairman of the Committee on the Judiciary giving in detail the circumstances in connection with this claim. Your committee, having given careful consideration to the bill, recommend favorable consideration to the bill.

Letter from the Maritime Commission is as follows:

Hon. EARL C. MICHENER,

UNITED STATES MARITIME COMMISSION,
Washington, May 16, 1947.

Chairman, Committee on the Judiciary.

House of Representatives.

MY DEAR MR. MICHENER: On March 10, 1947, you requested the views of the Maritime Commission on H. R. 371, a bill for the relief of Jenness C. Thomas. The bill would reimburse Mr. Thomas in the sum of $144, for which amount he was held liable in order to balance his account with the War Shipping Administration.

Mr. Thomas was the field representative and agent-cashier of the War Shipping Administration at Portland, Maine, and one of his duties was to pay subsistence and travel allowance to seamen traveling on Government orders to other ports for assignment to duty.

On being provided with funds by the War Shipping Administration, Mr. Thomas rented a safe-deposit box in one of the local banks at Portland, Maine, and deposited the moneys periodically entrusted to him when not used for payment. There was no safe in his office.

On Thursday, July 26, 1945, one of the auditors of the Maritime Commission called on Mr. Thomas to make the usual monthly audit of his accounts. After the audit was completed and found correct, Mr. Thomas was unable to deposit the money in his possession, amounting to $144, in his safe-deposit box as the bank was closed at that hour. He put the money in his desk and securely locked it. On Friday, July 27, he was too busy to go to the bank. On Saturday, July 28, he was unable to deposit the money in his safe-deposit box during banking hours as he was informed by the representative of the local maritime union that several seamen might be shipped to New York on that day, in which event he would need some cash to pay them. On Sunday, July 29, 1945, he worked in his office and found the money still in his desk, and, on leaving the office that afternoon, he locked the desk and the office door. On reaching his office next Monday morning, he found his desk pried open and the money gone. He immediately notified the local police and the Federal Bureau of Investigation. The Secret Service in Boston was also notified.

The Treasury Department ruled "that an agent-cashier and his surety are liable on their bond for losses by robbery or burglary notwithstanding the fact that the losses occurred without fault or negligence on the part of the agentcashier and that relief from such liability may be obtained only by means of legislative action." Because of this ruling, Mr. Thomas was required to make good the said sum of $144, which he did under protest.

The Maritime Port representative at Boston, Mass., states:

"It has been a fixed policy of both our local and Portland offices to have on hand a minimum sum of money consistent with pending pay-offs or to cover advances for subsistence when transferring men.

"We have found Mr. Thomas to be most cautious and prudent in the handling of these funds, and it is to be regretted that circumstances made it necessary to carry over this amount of money."

For the foregoing reasons, Maritime Commission recommends favorable consideration of the bill.

The Director, Bureau of the Budget, advises that there is no objection to the submission of this report to your committee. Sincerely yours,

W. W. SMITH, Chairman.

WAR SHIPPING ADMINISTRATION, RECRUITING AND MANNING ORGANIZATION, Portland, Maine, August 2, 1945.

INTEROFFICE MEMORANDUM

To: Harrington Pike, port representative, RMO, Boston, Mass.

From: Jenness C. Thomas, field representative, RMO, Portland, Maine; alternate agent-cashier, RMO, Portland, Maine.

Subject: Theft of War Shipping Administration funds from Portland, Maine, RMO office.

I regret to report that War Shipping Administration funds, in the amount of $144 were stolen from the Recruitment and Manning Organization office, room 14, Chapman Building, Arcade Balcony, 477 Congress Street, Portland, Maine, sometime between 1540 Sunday, July 29, and 0830 Monday, July 30.

The money represented part of the fund used in the Portland office for payment of subsistence to merchant seamen when traveling on Government request orders to other ports for assignment.

It is a matter of record that immediately after being provided with War Shipping Administration funds last March, I rented a safe deposit box in the vault of the Casco Bank & Trust Co. in this building, for the safekeeping of the money, and, with very few exceptions, the money has been deposited in the safe-deposit box when not in use for the purpose intended.

On Thursday, July 26, Mr. Regan, United States Maritime Commission auditor, called at this office about 1630 for the purpose of making the customary monthly audit of our cash account. Our records were in order, but due to the lateness of

the hour, the bank vault was closed and it was impossible to return the money on hand to the safe-deposit box. Friday, July 27, was an exceptionally busy day in this office and I did not return the money to the bank vault. It was, however, left in my desk, which was securely locked.

On Saturday morning I intended to deposit the money in the vault, but before doing so, contacted Mr. Livingston of the local National Maritime Union office to ask if he contemplated shipping any seamen to New York on that day. He said he would know definitely later in the day and would notify me.

We were very busy in this office on Saturday morning and I must admit that by the time the rush was over the bank vault had closed and the money was still in my desk.

I came to the office on Sunday, July 29, about 10:40 and, because of very poor janitor service, swept and washed the office floor myself after which I spent about 2 hours giving the place a general cleaning.

After completing the work I did some reading and writing at my desk. While at my desk I checked the manila folder which contained the money and found it to contain the proper and correct amount of $144. I did not again leave the office until about 1540, when I locked my desk, closed and locked the office door as usual, and went home.

When I returned to the office at 0830 Monday I found my top desk drawer open about 1 inch with the lock still in "locked" position and the wood splintered where force had been applied to spring the drawer open. The desk top drawer shows definite evidence of having been sprung with a screw driver or some other such type of tool, and the plate which holds the lock was bent downward.

I immediately opened the top left drawer and found the manila envelope, in which the money was kept, untied and the money missing. The yellow detail slip showing a record of receipts, disbursements, and balance was all that remained in the folder.

I then called the police inspector's office and Inspectors Greeley and Hinds came to the office at once. They examined the office door, also the damaged desk drawer. Inspector Greeley took the manila folder to the headquarters for examination, but found nothing of value. Mr. Cole of the local Federal Bureau of Investigation also came to the office and made quite an extensive examination. Other than myself, I know of only three persons having keys to fit the office door-the other two office employees, Mrs. Mary Beard, clerk-typist; Mr. Walter Moore, interviewing clerk; and the night janitor of the building, Mr. John Holman, who was on duty the night of the theft.

Neither Mrs. Beard nor Mr. Moore have been interviewed, and I have no knowledge of any investigation which might be in progress.

JENNESS C. THOMAS, Field Representative and Alternate Agent-Cashier