Reassuring the Nation that the attacks are so scattered and aimless that the chance of a balloon bomb hitting a specific area is "only one in many millions," the Department nevertheless called for increased vigilance on the part of the public.

"There is always the possibility that unexploded bombs may be found lying in isolated spots or concealed in wooded areas,' the statement said.

"Some may be beneath melting snow. With the coming of warm weather and end of the school season, it is desirable that people, and especially children, living west of the Mississippi River, be warned of this possible hazard and cautioned under no circumstances to touch or approach any unfamiliar object."

TIGHT CENSORSHIP LIFTED

The departmental announcement made no mention of casualties caused by the bombs. The announcement, which lifted censorship from balloon bomb stories which have been circulating throughout western United States, was inspired as a safety measure.

"It is the view of the Departments that the possible saving of even one American life through precautionary measures would more than offset any military gain accruing to the enemy from the mere knowledge that some of his balloons actually have arrived on this side of the Pacific.

"What would aid the enemy greatly would be exact information as to the time, locality, and effect of any specific incident or the number of balloons.

"Such information would permit him to evaluate the results of his fantastic effort and possibly correct his methods. This specific information the War and Navy Departments will still seek to keep from the enemy."

The balloons are pilotless, hydrogen filled and depend entirely on wind currents for motivation. Some have been found carrying a cluster of incendiary bombs. To maintain great heights, ballast is reportedly automatically dropped when the balloon descends to specified atmospheric pressure.

Since most of the early weight imposed on the lifting bag must be ballast, the bomb loads carried by the vast paper bags are meager.

NATIONAL INTEREST SERVED

"Most of the (balloon bomb) facts have been known to many newspapers and broadcasting stations," the announcement read. "Editors and broadcasters, cooperating splendidly with the Office of Censorship, have done a remarkably effective job of keeping all details from the enemy.

"It is the earnest hope of the War and Navy Departments that their cooperation will continue. In any case of casualty, it will serve the national interest if the press and radio and all civilians will refrain from connecting such casualty with enemy action.

"Newspaper and magazine readers and radio listeners should understand that reports of Japanese balloons are being omitted from news columns and radio summaries by editors and broadcasters to keep from the enemy further information of balloon attacks on the western hemisphere.

"The War and Navy Departments take the liberty of recommending that civilians themselves take the same patriotic course and refrain from spreading news of any specific balloon incident of which they may hear."

BLY SCENE OF ONLY DEATHS IN UNITED STATES CAUSED BY ENEMY

The eastern Klamath County lumber and livestock community of Bly received delayed prominence in the national news today as the scene of the only fatalitics on continental United States due to enemy action in this war.

First shock of the Jap balloon explosion has passed in the month since the incident occurred. Despite censorship, Bly people, of course, have known from the beginning that it was an enemy bomb that brought tragedy to five families of the town.

But it was not until Thursday of this week that this news was spread over the Nation, and one of the biggest domestic stories of the war suddenly centered on Bly. National news wires told the story, and pictures of the victims of the tragedy were spread over the country.

DESCRIBES BLAST

Rev. Archie Mitchell, lone survivor of the balloon incident, recounted the story yesterday with few changes from the original accounts carried in the Herald and News.

The blast killed his wife and five members of the Sunday school class in his church, the new Christian Missionary Alliance church standing on the Main street at Bly. They had gone on an outing on the Dairy Creek Road just over the line in Lake County. Reverend Mitchell was driving the car to Salt Springs to park it for lunch. The others, walking, found the balloon, and not knowing of its danger, somehow manipulated it so that it exploded. Reverend Mitchell, hearing their calls when they made the discovery, had just called a vain warning when the detonation occurred.

RECENT RESIDENTS

The 26-year-old minister and his wife had come to Bly only a short time ago from Ellensburg, Wash., where he was engaged in church work. They graduated from Simpson Bible school in Seattle 2 years ago. It was there they met, and they were married at Port Angeles, the home of the bride.

They had planned, after gaining more experience, to travel to a foreign missionary field. They also attended Nyack Missionary Training Institute in New

York.

The young minister said Mrs. Mitchell, 26, was an expectant mother. They had no children.

NO KNOWLEDGE

Members of the families of the children who were killed in the blast, and Reverend Mitchell, said the victims are not believed to have had any knowledge of the danger of Japanese balloons in the area.

Mr. and Mrs. N. L. Gifford, parents of Jay Gifford, one of the victims, said they would not have permitted Jay to go on the outing had they known about the balloons.

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

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

following

REPORT

[To accompany H. R. 1303]

The Committee on the Judiciary, to whom was referred the bill (H. R. 1303) for the relief of E. La Ree Smoot, having considered the same, report favorably thereon with an amendment and recommend that the bill do pass.

The amendment is as follows:

Page 1, line 5, strike out "$10,000" and insert in lieu thereof "$7,000".

The purpose of the proposed legislation is to pay the sum of $7,000 to E. La Ree Smoot, of Kennewick, Wash., in full settlement of all claims against the United States for permanent disfigurement of the face and hands sustained as a result of injuries on November 13, 1943, while employed as a junior clerk-stenographer, post engineers, Army Air Base, Madras, Oreg.

STATEMENT OF FACTS

It appears that on November 13, 1943, a building at the Army Air Base, Madras, Oreg., in which Miss Smoot was employed by the War Department as a clerk-stenographer caught on fire as the result of the explosion of a flame thrower. In effecting an escape from the burning building Miss Smoot sustained severe burns.

Dr. R. W. Christiansen makes statement dated November 5, 1947, that Miss Smoot was examined by him a few days ago and he found that she had very extensive scars on the regions of the face, body, arms, and hands. The body scars were covered by clothes but those on the forehead, arms, and hands were quite disfiguring. They also cause some disability.

The Bureau of Employees' Compensation recognized the liability; however, it could not compensate her for permanent disfigurement.

Miss Smoot states in affidavit that she is unable to use her fingers in typing and that she finds it necessary to use facial cream to relieve the itching and pain. The least touching of her body will cause the skin to break, which gives impetus to additional pain and suffering. She is virtually barred from social functions because of this annoying condition.

The Secretary of the Army has reported that the enactment of this bill, awarding compensation for the personal injuries sustained, in addition to the compensation provided by the Employees' Compensation Act would have the effect of granting special benefits to her which are denied to Government employees in other cases where the facts are similar, and there appear to be no facts or circumstances present in this case which would warrant singling out this claimant for preferential treatment over other claimants in similar cases.

There is no provision in the Employees' Compensation Act to compensate an employee for disfigurement. There is no reason why the Congress may not sustain the theory and the principle of the Federal Employees' Compensation Act, for general application, and still make special provision, on a moral or equitable basis, for an individual case, such as this one. The power of the Congress to bestow boons, to give largess, and to grant special relief has been often asserted, seldom challenged, and always upheld.

Therefore, due to the serious and permanent injuries sustained by Miss Smoot, your committee feels that she is entitled to favorable consideration by the Congress. Therefore, it is recommended that she be paid the sum of $7,000 for her injuries.

WAR DEPARTMENT, Washington, May 19, 1947.

Hon. EARL C. MICHENER,

Chairman, Committee on the Judiciary,

House of Representatives.

DEAR MR. MICHENER: The War Department is opposed to the enactment of H. R. 1303, Eightieth Congress, a bill for the relief of E. La Ree Smoot.

This bill would authorize and direct the Secretary of the Treasury "to pay, out of any money in the Treasury not otherwise appropriated, the sum of $10,000 to E. La Ree Smoot, of Kennewick, Washington, in full settlement of all claims against the United States for permanent disfigurement of the face and hands sustained as the result of injuries on November 13, 1943, while employed as a junior clerk-stenographer, post engineers, Army air base, Madras, Oregon.'

It appears that on November 13, 1943, a building at the Army air base, Madras, Oreg., in which Miss E. La Ree Smoot was employed by the War Department as a clerk-stenographer caught on fire as the result of the explosion of a flame thrower. In effecting an escape from the burning building Miss Smoot sustained severe burns.

The Bureau of Employees' Compensation, Federal Security Agency, in a letter to the War Department, dated March 17, 1947, concerning the injury of Miss Smoot and the special relief proposed for her benefit by H. R. 1303, stated:

"It appears from the Bureau's (Bureau of Employees' Compensation, created by Federal Security Agency Order No. 58, dated July 16, 1946, 11 F. R. 7943). file in this case that E. La Ree Smoot, while employed as a junior clerk-stenographer by the War Department, post engineers, Army air base, at Madras, Oreg., sustained injury on November 13, 1943, while running through flames in effecting an escape from the building where she was employed which had caught fire following the explosion of a flame thrower. This occurrence resulted in burns about the head, arms, hands, and body. The former Commission awarded compensation to Miss Smoot from the date of her injury to December 31, 1943, for which she received (less 3 days' waiting period required by law and less a

period of time during which she received her regular wages on account of sick and annual leave) the sum of $87.60, which is the correct amount of compensation for said period computed according to the provisions of the law. The sum of $15.30 was also paid by the Commission for private medical and transportation expenses. (Miss Smoot's hospitalization was furnished at Government expense but was not charged against the compensation fund.) The aggregate amount of payments made by the Commission in this case to date is $102.90.

"On November 22, 1944, the Commission received a report from the United States Marine Hospital at Seattle, Wash., dated November 15, 1944, which is in full as follows:

"Reference is made to the above-mentioned woman who came to the outpatient department of this hospital for examination, presenting a Form C. A. 33 as authority, on November 8, 1944.

"On examination it was found that she had rather extensive scars on the right forearm, elbow, and left shoulder. This extends down her back. There are minor pit-like scars on her forehead and nose. These scars are rather smooth

and not greatly disfiguring.

""The skin over the dorsum of both hands is smooth and thin. At the present time there is no evidence of any cracking of the skin.

"It is the opinion of Dr. Cooper, chief of surgery, and myself that the results of the burns are excellent in view of the fact that she has perfect motion of the wrists and fingers. Plastic surgery is not indicated at this time. Cosmetic effects could not be improved.'

"The Federal Employees' Compensation Act of September 7, 1916, provides only for the payment of compensation to an injured employee for loss of wageearning capacity. Unlike many of the State workmen's compensation laws, the Federal Act does not authorize the payment of compensation for permanent partial disability on a schedule' basis; that is, it does not provide indemnity for loss, or loss of use, of specified members of the body or for facial or other disfigurement. If Miss Smoot has suffered any loss of wage-earning capacity or incurred any medical expenses that she might believe to be compensable under the act and on account of which she has not already received compensation or payment, she may present claim therefor to the Bureau. The Bureau, under section 37 of the compensation law, has continuing jurisdiction to review cases.

"The proposed measure would authorize and direct the Secretary of the Treasury to pay to Miss Smoot the sum of $10,000 'in full settlement of all claims against the United States for permanent disfigurement of the face and hands sustained as the result of injuries on November 13, 1943, while employed as a junior clerkstenographer, post engineers, Army Air Base, Madras, Oreg." upon a legislative determination of her right thereto. The measure would not impose any duty upon this Agency and presumably would terminate any further right she may have under the compensation law.

"While I cannot advise you what recommendation the Agency may make upon the measure, if requested to comment upon the bill, it would appear to me that a grant as proposed would be discriminatory."

It appears from the above-quoted letter of the Bureau of Compensation, Federal Security Agency, that Miss Smoot received hospital treatment on account of her injury in the fire which occurred on November 13, 1943, at Government expense; that the United States Employees' Compensation Commission paid to her the full amount of compensation allowable by law for the time which she lost from her work as a result of her injury; and that the Commission paid for the private medical and transportation expenses incurred by the claimant in the treatment of her injury. The aforesaid payments of the Commission were made pursuant to the provisions of the United States Employees' Compensation Act of September 7, 1916 (39 Stat. 742; 5 U. S. C. 751), as amended.

The purpose of the United States Employees' Compensation Act, as amended, is to provide compensation to a Government employee for personal injury sustained while in the performance of duty, as well as necessary medical and hospital expenses incident thereto. It does not provide for indemnity for physical impairment as such, but only compensates for loss in wage-earning capacity caused by physical disability. In fairness it would seem that the compensation law should be applied uniformly to all Government employees.

The enactment of H. R. 1303, awarding compensation for the personal injuries sustained by Miss Smoot, would have the effect of granting special benefits to her which are denied to Government employees in other cases where the facts are similar, and there appears to be no circumstances present in this case which would warrant singling this claimant out for preferential treatment to the dis