purchase of all drugs of the sulfonamide group. On October 24, 1942, the Surgeon General submitted a formal request to the Secretary of War for Mr. Furman's appointment as such a consultant for a period of not to exceed 90 days. On that same day, in anticipation of the approval of the Secretary of War, and upon the express request of an officer of the Medical Department, Mr. Furman departed for St. Louis from his home in Plainfield, N. J. His appointment was approved by the Secretary of War on November 3, 1942, and orders were issued on November 5, 1942, which covered his subsequent services with the Army. Apparently because he was already in St. Louis when the orders were issued, such orders did not contain any provisions for a travel allowance; nor did they contain a retroactive provision for a per diem allowance. Such a provision would, in any event, have been illegal. Between October 24 and November 4, 1942, inclusive, Mr. Furman expended a total of $97.23 for railroad fare and living expenses en route to and in St. Louis for which he has not been reimbursed by the United States. The Secretary of the Army in his report dated March 24, 1948, states: It is the opinion of the Department of the Army that Mr. Furman is equitably entitled to reimbursement for the expenses incurred by him on behalf of the United States between October 24, and November 4, 1942, inclusive. Had Mr. Furman remained in Plainfield until after the approval of his appointment there would have been no question concerning his right to reimbursement. He should not be made to sustain a financial loss because he complied with the urgent request of a responsible officer of the Medical Department of the Army, and, in order to waste no time in entering upon the vital task of procuring badly needed drugs for the Army, departed for his station prior to the approval of his appointment and the issuance of his orders. The Department, therefore, has no objection to the favorable consideration of this bill. Therefore, your committee concur in the recommendation of the Secretary of the Army and recommend favorable consideration to the bill. Hon. EARL C. MICHENER, DEPARTMENT OF THE ARMY, Chairman, Committee on the Judiciary, House of Representatives. Washington, D. C., March 24, 1948. DEAR MR. MICHENER: The Department of the Army has no objection to the enactment of H. R. 4518, Eightieth Congress, a bill for the relief of Gerald S. Furman. This bill provides as follows: "That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $97.23, to Gerald S. Furman, of Plainfield, New Jersey, in full settlement of all claims against the United States, for expenses incurred in reporting to the Saint Louis Medical Department Procurement District, Saint Louis, Missouri, as a civilian consultant of the War Department on October 26, 1942." In 1942 Mr. Gerald S. Furman was employed as the sales director in the New York office of Merck & Co., one of the leading American pharmaceutical manufacturers. It was considered that Mr. Furman had outstanding knowledge concerning the production of, and the problems incident to, the production of sulfonamides. In October 1942 the St. Louis Medical Department procurement district, St. Louis, Mo., urgently requested the Surgeon General of the Army to secure the immediate appointment of Mr. Furman as an expert consultant, under the provisions of section 8 of the Military Appropriation Act, 1943 (56 Stat. 631), so that he might serve as purchasing and contracting officer of the procurement district in charge of the purchase of all drugs of the sulfonamide group. On October 24, 1942, the Surgeon General submitted a formal request to the Secretary of War for Mr. Furman's appointment as such a consultant for a period of not to exceed 90 days. On that same day, in anticipation of the approval of the Secretary of War, and upon the express request of an officer of the Medical Department, Mr. Furman departed for St. Louis from his home in Plainfield, N. J. His appointment was approved by the Secretary of War on November 3, 1942, and orders were issued on November 5, 1942, which covered his subsequent services with the Army. Apparently because he was already in St. Louis when the orders were issued, such orders did not contain any provisions for a travel allowance; nor did they contain a retroactive provision for a per diem allowance. Such a provision would, in any event, have been illegal. Between October 24 and November 4, 1942, inclusive, Mr. Furman expended a total of $97.23 for railroad fare and living expenses en route to and in St. Louis for which he has not been reimbursed by the United States. A claim submitted by him to the Comptroller General for payment of that amount was disapproved on the ground that the appointment did not become effective until the issuance of the orders on November 5, 1942, and, moreover, that such orders certaine 1 no provision for travel expenses. It is the opinion of the Department of the Army that Mr. Furman is equit bly entitled to reimbursement for the expenses incurred by him on behalf of the United States between October 24 and November 4, 1942, inclusive. Had Mr. Furman remained in Plainfield until after the approval of his appointment there would have been no question concerning his right to reimbursement. He should not be made to sustain a financial loss because he complied with the urgent request of a responsible officer of the Medical Department of the Army, and, in order to waste no time in entering upon the vital task of procuring badly needed drugs for the Army, departed for his station prior to the approval of his appointment and the issuance of his orders. The Department, therefore, has no objection to the favorable consideration of this bill. If this bill is favorably considered it is suggested that the usual provision with respect to attorneys' fees be added. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, KENNETH C. ROYALL, PLAINFIELD, N. J., March 18, 1943. Subject: Reimbursement claim by Gerald S. Furman. I was requested by Lt. Col. A. K. Eaton, of Services of Supply, Washington, D. C., on October 15, 1942, to report to the St. Louis Medical Department procurement district, Monday, October 26, 1942, as a civilian consultant. I left Plainfield, N. J., Saturday, October 24, at 3:30 p. m., and arrived in St. Louis, Mo., Sunday, October 25 at 4 p. m., reporting for duty Monday, October 26 at 8:30 a. m. I was not placed on the pay roll and, therefore, received no income until November 5, 1942. Expenses incurred in traveling to St. Louis and actual living expenses in St. Louis from October 25 to and including November 4 were: Oct. 24. Railroad fare, Plainfield, N. J., to St. Louis, Mo., via Baltimore & Ohio R. R.......... $35.91 Oct. 24. Pullman, Plainfield, N. J., to St. Louis, Mo., via Baltimore & 8.87 I returned to civilian life as of January 22, 1943. G. S. FURMan. 30. 00 15.00 1.80 97. 23 80TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session FOREST L. WEATHERLY { REPORT No. 1644 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. 4602] The Committee on the Judiciary, to whom was referred the bill (H. R. 4602) for the relief of Forest L. Weatherly, 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 6, strike out "$2,500" and insert in lieu thereof "$1,000". The purpose of the proposed legislation is to pay the sum of $1,000 to Forest L. Weatherly, of Minneapolis, Minn., in full settlement of all claims against the United States for personal injuries, medical and hospital expenses, and loss of earnings sustained as the result of an accident involving a United States special-delivery mail carrier, at the intersection of Fourth Avenue South and Ninth Street South, Minneapolis, Minn., on March 11, 1944. STATEMENT OF FACTS It appears that on March 11, 1944, a special-delivery carrier from the Minneapolis post office was south-bound and made a right turn at an intersection, colliding with the claimant, a pedestrian, who was crossing the street from south to north, and who was either on or close to the cross walk when struck. As a matter of fact, the pedestrian had almost reached the north curb when he was struck by the right front fender of the carrier's car. The carrier was charged by the police with failing to yield the right-of-way to a pedestrian and, upon trial, was fined $25. There is no controversy as to the negligence of the Government driver. The claimant received $2,600 in workmen's compensation insurance, the final payment being in April 1944. The Post Office Department has made a thorough investigation and recommends that the bill be reduced from $2,500 to $1,000 ($400 for expenses and $600 for loss of earnings. Therefore, your committee concurs in the views of the Department and recommends favorable consideration to the bill in the sum of $1,000. Hon. EARL C. MICHENER, OFFICE OF THe Postmaster GENERAL, Chairman, Committee on the Judiciary, House of Representatives. DEAR CONGRESSMAN MICHINER: This will acknowledge your letter of February 23, requesting a report on H. R. 4602, for the relief of Forest L. Weatherly, of Minneapolis, Minn., in the amount of $2,500 on account of injuries sustained in an accident involving a special-delivery messenger which occurred on March 11, 1944. I transmit the Department's files relating to this accident. The investigation of the case by a post-office inspector disclosed that the messenger was southbound and made a right turn at an intersection, colliding with the claimant, a pedestrian, who was crossing the street from south to north, and who was either on or close to the cross walk when struck. As a matter of fact, the pedestrian had almost reached the north curb when he was struck by the right front fender of the messenger's car. The messenger was charged by the police with failing to yield the right-of-way to a pedestrian and, upon trial, was fined $25. I recommend that favorable consideration be accorded this claim. However, it seems questionable whether Mr. Weatherly should be awarded the amount set forth in the pending bill. The investigation revealed that the claimant was involved in a serious accident in September 1941, in the pursuit of his trade as a carpenter, and was unable to work until late in 1942. After he resumed employment his toes began to curl downward and it was necessary that he have two toes amputated. These operations took place in 1944. The claimant received $2,600 in workmen's compensation insurance, the final payment being in April 1944. Although Mr. Weatherly contends that had it not been for the injuries caused in the accident involving the special-delivery messenger he would have been employed steadily at an average wage of $45 a week, the investigation revealed that the claimant's total earnings for 1943-which was subsequent to his recovery from the first accident and prior to the necessity of the operations on his foot, as reported for income-tax purposes, amounted to $871.17. It was also learned that Mr. Weatherly has applied for further benefits under the workmen's compensation law for alleged injuries to his shoulder, neck, and ankle suffered in the 1941 accident and will probably be allowed a 5-percent disability on his claim. The Department's investigator, in consideration of Mr. Weatherly's ability to work and his earning capacity, reached the conclusion that he should be allowed $25 a week for a 12 weeks' period because of this accident, which, in addition to his doctor and hospital bills, would fix the amount of his loss at $394.85. An allowance for pain and suffering for the entire 12 weeks' period at $50 a week would amount to $600, and I believe that an award of $1,000 would be adequate compensation. This Department has been advised by the Bureau of the Budget that it would have no objection to the submission of this report to the committee. Sincerely yours, J. M. DONALDSON, STATE OF MINNESOTA, County of Hennepin, ss: Forest L. Weatherley, being first duly sworn, on oath deposes and says: 1. That he resides at 827 Third Avenue South in the city of Minneapolis, Minn., and that he resided at said address on the 11th day of March 1944. 2. That during all of the time material herein one James Gresham, residing at 984 Bryant Avenue North, Minneapolis, Minn., was the driver of a certain Ford sedan automobile bearing 1944 Minnesota license No. 510-728. 3. That during all of the time material herein Fourth Avenue South and Ninth Street South were and still are public highways and streets within the corporate limits of the city of Minneapolis; that said Fourth Avenue South extends in a general northerly and southerly direction, through a well-built-up and densely |