80TH CONGRESS 2d Session

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HOUSE OF REPRESENTATIVES

REPORT No. 1635

SUMNER COUNTY COLORED FAIR ASSOCIATION

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. 2918]

The Committee on the Judiciary, to whom was referred the bill (H. R. 2918) for the relief of Sumner County Colored Fair Association, 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 $7,000 to Sumner County Colored Fair Association, of Gallatin, Tenn., in full settlement of all claims against the United States for the loss by fire of grandstand and other property as a result of the negligence of Army personnel, on August 27, 1943.

STATEMENT OF FACTS

It appears that the authorities of the fairgrounds permitted the soldiers stationed in the vicinity of Gallatin to use the grounds for recreational purposes. Sometime early in the afternoon of August 27, 1943, a group of soldiers came to the fairgrounds and engaged in a game of baseball. At the conclusion of the game they all departed and, within 15 minutes, the grandstand broke out in flames. Before the fire was subdued the grandstand and the adjacent caretaker's house had been completely destroyed.

In affidavit signed by Clarence Malone he states that on Saturday night before this fire several soldiers came to the fairground and were not permitted to enter due to instructions from an Army lieutenant that tickets not be sold to the white soldiers, but civilians would secure tickets and give them to the soldiers and, in order to avoid having any trouble with them, they were permitted to enter the fairground; that, after quite a few of them had entered by this method, a lieutenant came in and ordered all of them to leave, and they all became very angry, on account of having to leave, and cursed all of the

officials of the fairground and demanded their money back, which was gladly refunded.

The record shows that no one was present the day of the fire except soldiers and one colored boy, who was waiting on them by bringing water and cold drinks. Robert Woods, the colored boy, makes affidavit that after returning from a trip for drinks he observed several soldiers standing under the grandstand with a gas can; that he saw a stream of liquid from one end of the grandstand and while there he saw the soldiers putting the gas cans, into the Army truck.

The Secretary of the Army states that there is no evidence that the fire which destroyed the property was in fact started by a soldier. There is no direct evidence that it was set by soldiers; however, with no other persons there except the water boy it must have been set by the soldiers. The authorities of the fairground had permitted the soldiers in that vicinity to use the property for recreational purposes and tried to make it as pleasant for them as possible.

Therefore, your committee feels that this small concern should be compensated for its losses in connection with the destruction by fire of these buildings, and recommend favorable consideration to the bill.

Hon. EARL C. MICHENER,

DEPARTMENT OF THE ARMY, Washington, D. C., January 15, 1948.

Chairman, Committee on the Judiciary,

House of Representatives.

DEAR MR. MICHENER: The Department of the Army is opposed to the enactment of H. R. 2918, Eightieth Congress, a bill for the relief of the Sumner County Colored Fair Association.

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 the Sumner County Colored Fair Association, Gallatin, Tennessee, the sum of $7,000. The payment of such sum shall be in full settlement of all claims of the said Sumner County Colored Fair Association against the United States for the negligence of certain members of the armed forces of the United States, which negligence caused the destruction by fire on August 27, 1943, of the grandstand and caretaker's house owned by such association."

The Sumner County Agricultural and Fair Association, colored, is the owner of a fairgrounds located on Blythe Street, Gallatin, Tenn. During the week which ended on Saturday, August 25, 1943, these grounds were occuped by a carnival. The carnival departed on Sunday, August 26, 1943, leaving the fairgrounds unoccupied.

It appears that the fairgrounds were never locked and that, with at least the tacit approval of the association, soldiers stationed in the vicinity of Gallatin occasionally used the grounds for recreational purposes. Sometime early in the afternoon of Monday, August 27, 1943, a group of unidentified soldiers came to the fairgrounds and engaged in a game of baseball, At the conclusion of the game they all departed. About 15 minutes later the grandstand broke out in flames. Before the fire was subdued the grandstand and the adjacent caretaker's house had been completely destroyed. With regard to the origin of the fire, one witness stated that he "noticed some straw on fire near the steps to the grandstand" and went to give the alarm. When he returned a few minutes later the grandstand was on fire from one end to the other. The chief of the fire department of Gallatin states that the cause of the fire was undetermined. The same conclusion was reached by the local agent of the American Insurance Co., Newark, N. J., which insured the property of the fair association. Suggested possible causes of the fire were spontaneous combustion or a carelessly thrown cigarette butt or lighted match. The area underneath the grandstand was covered with sawdust and the entire area was still littered with debris from the carnival.

Mr. Claiborne Stout, a general contractor of Fountain Head, Tenn., in a statement dated June 3, 1947, said:

"I estimate the value of the grandstand at the Sumner County Colored Fair Association just before the fire on August 27, 1943, to be $7,000.

"I estimate the value of the two-room dwelling destroyed in the same fire to be $700 just before the fire.

"Both structures were totally destroyed by fire and had no value after the fire." The property of the fair association was insured in the amount of $1,250, which sum was paid to the association by the American Insurance Co.

There is no evidence that the fire which destroyed the property of the Fair Association was in fact started by a soldier. It does not appear that any representative of the Army ever requested the use of the fair association grounds for recreational purposes by members of the Army. In an affidavit, dated May 3. 1947, Mr. Ed. V. Anthony, the secretary of the fair association, stated:

"There was no agreement with any military authorities as to the use of the fairgrounds by soldiers. No rent was ever received. There was no objection on the part of the association to the use of the fairgrounds by soldiers. The fairgrounds were kept unlocked. Sometime in the early summer of 1943 large numbers of soldiers were stationed around Gallatin and it was desired by everyone to make things as pleasant for them as possible. Sometime early that summer soldiers began to use the fairgrounds and continued to use them up to the time of the fire. No record was kept of any soldiers who used the grounds. As far as the association is concerned the soldiers were welcome to use its facilities at any time."

It is the view of the Department of the Army that the evidence in this case is insufficient to hold the United States responsible for the loss sustained by the claimant. The Department, therefore, while deeply regretting this unfortunate incident and the resulting damages sustained by the claimant, is constrained to recommend that this bill be not favorably considered.

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.

Clarence Malone, being first duly sworn, deposes as follows:

Affiant states that he is 67 years of age and is a resident citizen of Gallatin, Sumner County, Tenn.

Affiant further states that he is one of the original organizers of the Sumner County Colored Fair Association and that he is assistant secretary and a member of the finance committee of said association.

Affiant further states that the fair for the year 1943 was closed at 12 o'clock Saturday night, August 25. Affiant further states that he sold tickets throughout the 3 days and nights of said fair and that on Saturday night they were instructed by an Army lieutenant not to sell any tickets to the fair to white soldiers, but civilians would secure tickets and give them to the soldiers and, in order to avoid having any trouble with them, they were permitted to enter the fairgrounds. That, after quite a few of them had entered the fairgrounds by this method, a lieutenant came and ordered all of them to leave, and they all became very angry on account of having to leave and cursed all of the officials of the fair out and demanded their money back, which we were glad to refund. On Monday afternoon, August 27, a number of white soldiers were at the fairgrounds playing baseball. There wasn't anyone else there but said soldiers, except a colored boy who was waiting on them by bringing them water and cold drinks. Later in the afternoon on this date and within a few minutes, not more than 5 minutes, after they left the fairgrounds, the grandstand was discovered on fire and it, together with a two-room house, which was occupied by the caretaker, was totaly destroyed. There was considerable paper, trash, etc., under the grandstand which had accumulated during the fair and which the officials had not had time to remove. The estimated cost of rebuilding the grandstand and house is approximately $7,000. CLARENCE MALONE.

Sworn and subscribed before me, this 19th day of February 1947. [SEAL] LUCY O. NEWMAN, Notary Public.

My commission expires October 26, 1950.

STATE OF TENNESSEE,

County of Sumner, ss:

Ed Anthony, being first duly sworn, deposes as follows:

Affiant states that he is 61 years of age and is a resident citizen of Gallatin, Sumner County, Tenn.

Affiant further states that he is one of the organizers of the Sumner County Colored Fair Association and that he is the secretary of said association and a member of the finance committee.

Affiant further states that they have a 3-day fair each year and that the fair in 1943 closed at 12 o'clock midnight, Saturday, August 25. That on that night there were quite a few white soldiers on the fairground who were ordered to leave by the military police. They seemed to resent very much having to leave and seemed to get mad at the officials of the fair who had nothing to do with their leaving the fairground. Some of them became so angry that they cursed and abused some of the officials.

Affiant further states that on the following Monday, August 27, in the afternoon, a number of the soldiers came to the fairground and used it to play baseball. That within a few minutes after they left the fairground the grandstand was discovered on fire. The fire seemed to break out at several different places along the grandstand and there was no one at the fairground at the time the fire was discovered, and said soldiers were the only ones there immediately prior to the discovery of said fire, except one colored boy, Robert Woods, who was there waiting on them, bringing them cold drinks and water.

Affiant further states that it is his opinion that the fire was caused by the negligent acts of said soldiers.

Affiant further states that said grandstand was approximately 208 feet long and approximately 40 feet wide and that it was totally destroyed, together with a two-room house, and that the estimated cost of rebuilding the grandstand and house is approximately $7,000.

EDW. V. ANTHONY.

Sworn to and subscribed before me, this the 21st day of February 1947. [SEAL] LUCY O. NEWMAN, Notary Public.

My commission expires October 26, 1950.

STATE OF TENNESSEE,

County of Sumner, ss:

C. B. Bate, being first duly sworn, deposes as follows:

Affiant states that he is 72 years of age and is a resident citizen of Sumner County, Tenn., and that he taught school in said county for 53 years and until his retirement at the end of the school year 1945.

Affiant further states that he was one of the organizers of the Sumner County Colored Fair Association and that on August 27, 1943, he was chairman of the finance committee of said association.

Affiant further states that they have a 3-day fair each year and that the fair in 1943 closed at 12 o'clock midnight, Saturday, August 25. That he assisted in the selling of tickets at the gate and that on Saturday night there were quite a few white soldiers who came into the fairground and that a lieutenant came and instructed them not to sell any tickets to any white soldiers. That they obeyed his order but, notwithstanding this, the soldiers would have others secure a ticket for them and would enter the fairgrounds. That after several had entered the fairgrounds through this method, a lieutenant came and ordered them all to leave. The soldiers became very angry about this and cursed out the officials of the fair and demanded their money back, which we were glad to refund to them but, notwithstanding the fact we returned their money, they were still very angry because they were not permitted to attend the fair.

Affiant further states that on the following Monday, August 27, in the afternoon, a number of soldiers came to the fairground and were using it to play baseball, and the officials of the fair had no objection to their using the fairground for this purpose as they were willing to cooperate in any way they could toward affording entertainment for soldiers who were in middle Tennessee on maneuvers. Affiant further states that in the late afternoon of August 27, and within a few minutes after all of said soldiers had left the fairground, the grandstand and the caretaker's house, consisting of two rooms, were completely destroyed by fire. Affiant further states that there were not any other people at the fairground other than the soldiers, except possibly one colored boy, Robert Woods, who was

there waiting on said soldiers by carrying water and cold drinks. All of said soldiers were white.

Affiant further states that they had not had time to clean paper, trash, etc., from under the grandstand, which had accumulated during 3 days of fair.

The

Affiant further states that said grandstand was 208 feet long and approximately 40 feet wide and that the house which was destroyed was a two-room house. estimated cost of rebuilding the grandstand and house is approximately $7,000. Affiant further states that it is his opinion that said fire was caused by the negligence of said soldiers.

C. B. BATE.

Sworn to and subscribed before me, this 22d day of February 1947. [SEAL] LUCY O. NEWMAN, Notary Public.

My commission expires October 26, 1950.

STATEMENT OF ROBERT WOODS CONCERNING FIRE AT COLORED FAIRGROUND On the afternoon of August 27, 1943, there were some soldiers over at the colored fairground here in Gallatin and I went over there. They sent me to the store to get some ice cream and cold drinks three different times. When I got back from the third trip, some soldiers were standing at the end of the grandstand. They had some gas cans with them. I saw two streams of liquid from one end of the grandstand to the other. I asked the soldiers if they were the ones that sent me after the ice cream and cold drinks and they said they did not, but to ask the boys who were playing ball. I went down to ask the other soldiers that were playing ball if they were the ones that sent me after the ice cream and drinks and while I was down there I saw the other soldiers that were at the grandstand putting the gas cans in the Army truck. The soldiers at the grandstand were smoking. Just as the soldiers left the fairground, I smelled smoke but did not see any fire. I live across the street from the fairground and, when I had been home about 5 minutes, I saw that the grandstand was on fire.

I am 16 years of age and my home is on Blythe Street in Gallatin, Tenn., directly opposite the colored fairground.

ROBT. WOOds.

Sworn to and subscribed before me, this 22d day of February 1947. [SEAL]

My commission expires October 26, 1950.

STATE OF TENNESSEE,

Sumner County, 88:

LUCY O. NEWMAN, Notary Public.

Rufe Horton, being first duly sworn, deposes as follows:

Affiant states that he is 67 years of age and is a resident citizen of Gallatin, Sumner County, Tenn.

Affiant further states that he is one of the original organizers of the Sumner County Colored Fair Association and that he is president of said association. Affiant further states that on Monday afternoon, August 27, a number of white soldiers were at the fairground playing baseball, and that shortly after they left the premises the grandstand was discovered on fire and said grandstand together with a two-room caretaker's house were completely destroyed by said fire. Affiant further states that it was the opinion of a number of the people who congregated at the fire that it was caused by the soldiers, and it is affiant's personal opinion that they were responsible for said fire.

Affiant further states that the grandstand was 208 feet long and approximately 40 feet wide, and that the estimated cost of rebuilding it, together with said two-room house destroyed, is approximately $7,000. Affiant further states that said grandstand and house were in good condition at the time of fire.

RUFE HORton.

Sworn to and subscribed before me, this 22d day of February 1947. [SEAL] LUCY O. NEWMAN, Notary Public.

My commission expires October 26, 1950.