crimination of numerous similar cases. The War Department, therefore, recomends that the proposed legislation be not favorably considered. The Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely yours, ROBERT P. PATTERSON, Secretary of War. STATE OF WASHINGTON, County of Spokane, ss: E. La Ree Smoot, being first duly sworn, on oath deposes and says: That she was an employee of the Government, a junior clerk, on November 13, 1943, having begun work in March 1943. She became 19 years of age on March 17, 1943. She was employed at the Madras Army Air Base near Madras, Oreg. On November 13, 1943, Capt. Marlin D. Peet brought a butane gas weed burner into the office where affiant and others were working. Shortly thereafter the gas weed burner exploded. Majorie Schawo, a junior clerk, was killed instantly. Captain Peet received local injuries. As a result of the explosion affiant's clothes were burned off, her face, arms, back, and legs were severely burned. She was in a semiconscious condition for 8 or 10 days. She was unable to return to work for over 2 months. Affiant's face, hands, arms, and back are disfigured and doctors tell her they will always be disfigured. Affiant received first aid at the Madras Air Base Station. She was then moved to the Medical-Dental Clinic at Redmond, Oreg., where she remained for 1 month. From there she was moved to Pasco, Wash., for special treatment. Dr. Lyman at Walla Walla was looking after Government patients. He told affiant that she would carry scars on her face, hands, and body all her life. At the request of some Government employee, affiant went to the Marine Hospital at Seattle, Wash., for plastic treatment. On arriving there affiant was informed that plastic surgery would not be effective. Affiant is still in a very nervous condition resulting from said burns. Her face and body itch continually. Affiant has been unable, and probably never will be able, to do stenographic or secretarial work again. Because of her nervous condition and the use she has lost of her fingers her doctor tells her it will be necessary to find a proper climate to relieve this itching condition. In addition, asthma is developing. Affiant is now employed in a small telephone office but 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 all social functions because of this annoying condition. E. LAREE SMOOT. Subscribed and sworn to before me this 3d day of February 1947. Notary Public in and for the State of Washington, residing at Spokane. STATE OF WASHINGTON, County of Grays Harbor, ss: Ferrol J. Smoot, being first duly sworn, on oath deposes and says: That he is the brother of E. La Ree Smoot. That he was employed at the Madras Army Air Base on November 13, 1943. That at about 12:45 p. m. on that day while affiant was in a bunkhouse he heard a cry of "Fire." Affiant states that he rushed outside and saw the post engineers' office enveloped in flames. Affiant states that he ran toward the burning building, about 75 yards distant, and came upon his sister. E. La Ree Smoot, being supported by two men. Her clothing was badly burned and she was hysterical, screaming and fainting alternately. Affiant states that he and others carried E. La Ree Smoot to a first-aid station where she was given first aid. She was then placed in an ambulance and taken to the Medical-Dental Clinic at Redmond, Oreg. Affiant states that he and his wife followed to Redmond early that evening and found E. La Ree Smoot covered with bandages and obviously in great pain; that he visited the hospital daily and that she was alternately rational and delirious for more than a week. Capt. Marlin D. Peet was somewhat burned in the fire and Marjorie Schawo lost her life. Affiant states that E. La Ree Smoot is very nervous and inclined to hysteria; that he believes this condition to be a direct result of the burns and shock on said November 13, 1943. That his sister has painful and disfiguring scars on her arms, face, and back as a result of said fire. FERROL J. SMOOT. Subscribed and sworn to before me this 13th day of February 1947. STATE OF WASHINGTON, County of Spokane, ss: Mary Smoot, being first duly sworn, on oath deposes and says: That she is the mother of E. La Ree Smoot. That her daughter has lived with them during the last 2 years. That her daughter has bad dreams and screams in her sleep. This affiant attributes directly and immediately to the harrowing experiences she went through November 13, 1943. Affiant states that her daughter cannot assist her in doing the dishes or washing in general because that has a tendency to crack her skin and add to her injuries. That her daughter lay at the point of death the first week or 10 days after the accident. That her daughter finds it difficult to secure employment now because she is unable to do typing or stenographic work. MARY R. SMOOT. Subscribed and sworn to before me this 3d day of February 1947. To Whom It May Concern: JANUARY 8, 1948. Miss La Ree Smoot was an employee in the office of the post engineer at Madras Army Air Base, Madras, Oreg., on November 13, 1943. On that date an explosion and fire in the post engineer's office practically demolished the building and also caused Miss Smoot, who was on duty in the building at the time, to receive severe burns requiring hospitalization and which upon healing left numerous scars on her face, neck, arms, and hands. The direct cause of the explosion was igniting of gas escaping from a portable propane gas weed burner which was used in elimination of weeds around the air base which were becoming a fire hazard. The gas container was constructed to withstand the high pressures developed by propane gas. At the time of the explosion the gas container was charged with Flamo rock gas which does not develop nearly as high a pressure as pure propane gas. After the fire was extinguished examination of the container found the glass in the safety valve to be broken. The heat generated during the fire would probably have broken the glass. However, no other point at which gas could have escaped from the container was discovered. Whether the safety valve had become weakened through previous use or whether the original safety valve had been replaced with a lower safety release mechanism can be only a matter of conjecture. The fire occurred just a few minutes after the noon hour lunch period was over. The weed burner had just been brought from an outbuilding shop to the office in preparation for its use during the afternoon in weed elimination and had been set on the office floor just inside the door. To understand the nature of what follows, a description of the post engineer's office is necessary. The building was 20 feet square, constructed of CCC building panels and with one door only. This door had been hung to swing inward instead of outward as is customary with the regular camp buildings. We were using the building temporarily as an office until a new building, which was almost completed at the time, was ready for occupancy. This temporary building contained our office desks and at one side a coal-burning stove which had a moderate fire in it at the time. Just after the lunch period I, as post engineer, was by Miss Smoot's desk giving her instructions for her afternoon work while awaiting arrival of a couple of other employees who were going to use the weed burner. Gas suddenly started escaping from the container of the weed burner. I made a dive for the burner intending to throw it out of the building. I flung open the door and turned to grab the weed burner. I almost had my hands on it when the escaping gas reached the fire in the stove. The resulting explosion blew me out through the doorway and slammed the door shut on my leg as I went out, which threw me to the ground. I kicked the door open with my free foot and Miss Smoot immediately ran out. Her presence of mind in running out the door saved her from much worse injuries. Summarizing, handling and use of the weed burner as described above was common practice and not considered to be unsafe or dangerous. In my opinion two things contributed to the explosion and fire. Second, if the office door had been hung to swing outward there would not have been a fire or if there had been it would have been minor as far as injury to persons and property was concerned. The impetus given to the escaping gas by the door swinging inward and pushing the gas to the fire in the stove deprived me of the few extra seconds I needed to remove the weed burner from the building. The time would probably also have been sufficient to permit Miss Smoot to escape from the building ahead of the explosion. At least the concentration of gas would have been outdoors, where the effects of the heat from the explosion would have been greatly lessened. Miss La Ree Smoot was working at her desk on her assigned duties at the time of the fire which resulted in the disfiguring scars which she received, and her injuries were received as a result of certain conditions, described above, over which she had no control. MARLIN D. PEET, Formerly Captain, Civil Engineers, Subscribed and sworn to before me this Sth day of January 1948. M. A. BARKER, Notary Public, in and for the County of Los Angeles, State of California, To Whom It May Concern: REDMOND, OREG., November 5, 1947. Miss La Ree Smoot came to the hospital here on November 13, 1943, suffering from very extensive burns of the face, body, arms, and hands, which she had received in a burning building at Madras. She was confined to the hospital for 4 weeks, leaving December 11, 1943. I examined Miss Smoot a few days ago and found that she had very extensive scars of the regions mentioned above. The body scars are covered by clothes but those on the forehead, arms, and hands are quite disfiguring. They also cause some disability. Sincerely yours, APRIL 1, 1948.-Committed to the Committee of the Whole House and ordered to be printed Mr. JENNINGS, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 1779] The Committee on the Judiciary, to whom was referred the bill (H. R. 1779) for the relief of Winona Machine & Foundry Co., having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to authorize the Comptroller General of the United States to relieve the Winona Machine & Foundry Co. of all liability to pay to the United States $7,148.77, together with interest and any other charges arising out of the termination of contract NOs-74270, dated June 11, 1940. STATEMENT OF FACTS Following invitation for bids by the Navy Department, the Winona Machine & Foundry Co., a corporation, of Winona, Minn., and 11 other bidders on or about May 10, 1940, submitted bids for the manufacture of stretcher weights under schedule 1492. The bid forms furnished prospective bidders specified May 14, 1940, as the date of opening of bids and indicated that bids might be accepted by the Navy Department at any time within 60 days after the date of opening. The material to be used in the manufacture of the stretcher weights was scrap iron, which was available from local sources on May 10, 1940, at a price of $8.50 to $9.75 per ton. The bids were opened at the Navy Department on May 14, 1940. The three lowest bidders on the basis of delivery f. o. b. cars on wharf at or near contractor's works were as follows: The Navy Department needed the materials covered by schedule 1492 at the Naval Fuel Depot, Tiburon, Calif., and the bid of the Winona Machine & Foundry Co. was the lowest received after adding freight, handling, and other charges to the f. o. b. bids. On the basis of its understanding that it was not the low bidder, the Winona Machine & Foundry Co. by letter dated June 5, 1940, requested the Navy Department to return a certified check for $13,100 which was forwarded with the company's bid. Prior to receipt of the letter, the Navy Department by notice of award, dated June 6, 1940, informed the Winona Machine & Foundry Co. that it was awarded contract Nos-74270 covered schedule 1492. The notice of award was received by the company on June 8, 1940. Thereafter, contract Nos-74270, dated June 11, 1940, was executed by the parties. Between May 14, the date of opening of bids, and June 8, 1940, the date of receipt of the notice of award, war events in western Europe and the decision of the Government to embark upon a tremendous preparedness program cause the price of scrap iron, necessary for the Navy contract, to increase to a point far beyond the prevailing price on the date of submission and opening of bids. Due to the understanding of the Winona Machine & Foundry Co. that it was not the low bidder and belief that the contract would not be awarded to it, the company did not undertake to purchase scrap iron or other material, to protect itself, at the then prevailing price upon which the bid was made on May 10, 1940. On June 13, 1940, the Winona Machine & Foundry Co. advised the Navy Department of the increased cost of scrap iron and requested an adjustment of $49.50 added cost per weight. The Navy Department on June 24, 1940, notified the company that it was without authority to increase the contract price because of increased costs of material. Thereafter, on October 24, 1940, the Winona Machine & Foundry Co. requested a cancellation of the contract without penalty upon the ground that performance of the contract was not possible with its present equipment at present costs. The company also furnished the Navy Department a report of Charles C. Kawin Co., dated October 18, 1940. This report set forth facts as to the company's equipment and methods and concluded that it was impractical for the company to attempt to perform the contract. On November 2, 1940, the Navy Department advised the Winona Machine & Foundry that in view of its inability to perform the contract a purchase against the company's account would be made in accordance with the provisions of article 5 of the contract and that the company would be informed as to the excess costs, if any. The Navy Department also advised that bids for the purchase against the company's accounts would be opened on November 22, 1940. Following the opening of bids on November 22, 1940, the Navy Department awarded a contract for the stretcher weights to the lowest bidder, the American Car & Foundry Co. Thereafter, the Navy Department informed the Winona Machine & Foundry Co. that the excess costs resulting from the purchase against its account amounted to $7,148.77 and certified the said sum to the Comptroller General as a debt against the Winona Machine & Foundry Co. Under the provisions of the proposed legislation, the Winona Machine & Foundry Co. would be released from liability to the Government in the amount of the excess costs certified to the Comptroller |