In an effort to substantiate claimant's statement, the records of the Cape Fishing Co. were examined covering the period involved in claimant's claim. At that time there were only seven of the members fishing, and there follows in round figures a record of the earnings of four of the members of the association. In each case the person named received two-thirds of the amount shown in accordance with the general arrangement at the cape. Terrell Hayes (who is consistently high man) - $15, 500 14, 000 6, 000, 5, 000 In addition to checking the records of the company, the investigator interviewed Harlan Bell and Charles Anderson, fishermen of Cape Canaveral. They verified the reputation of Terrell Hayes as the best fisherman at the Cape, with Arnold and Blanchard running him close competition. It was also learned from these records and interviews that the season of 1943-44 was a particularly good one, due to high prices being paid for fish, better runs, and fewer fishermen. The income of the fishermen generally for this season was approximately triple that of the year before, and much higher than the next season. The claimant presented for examination income-tax returns filed by him for the years 1942, 1943, and 1944, in which he made returns on net income of $2,154.96, $2,080.52, and $3,169.37, respectively. These returns for tax purposes do not reflect his total earnings because of the various deductions and exemptions allowed by law, and are only submitted as being informative. The foregoing report indicates that Mr. Blanchard suffered an actual pecuniary loss of $3,900 for loss of business during the 1943-44 fishing season, and incurred a medical expense of $301.50. These figures do not include any possible loss he may have suffered since he resumed fishing because of his alleged inability to work as long hours as before the accident. On this basis if relief should be extended it is believed that $5,000 would reasonably compensate claimant for the actual losses suffered. In view of the foregoing, the Treasury Department recommends against the enactment of H. R. 2264. However, a review of all available evidence does not indicate that the responsibility for the accident rests on the coastguardsman to such an extent as to impose liability on the United States for his act. The shooting, it appears, was not deliberate or intentional. It could have been prevented by Mr. Blanchard, and resulted in a substantial degree from poor judgment and questionable actions on his part at the time he was summoned by one of his employees to quell a disturbance that had arisen. The coast guardsman was placed in a defensive position where exercise of authority and of force, including the firing of the revolver, was no more than was required to prevent a threatened and imminent possible injury to himself and the other coastguardsman whom he also sought to protect. The Department has been advised by the Bureau of the Budget that there is no objection to the submission of this report to your committee. Very truly yours, Hon. DWIGHT ROGERS, E. H. FOLEY, Jr., Acting Secretary of the Treasury. CARLTON & ELLIS, Member of Congress, Washington, D. C. DEAR DWIGHT: On November 2, 1943, Frank Blanchard, of our city, was shot at Cape Carnaveral by a United States Coast Guardsman. This matter was taken up with Senator Pepper immediately after it happened and he introduced in the Senate on March 6, 1945, Senate bill 688, a bill for the relief of Blanchard, a copy of which is enclosed herewith. The bill eventually went to the Senate Claims Committee and the last information we have been able to secure from Senator Pepper's office was during the latter part of 1945, in which they requested further facts. I am enclosing herewith a copy of Blanchard's affidavit dated September 4, 1945, in compliance with the suggestion of Senator Pepper. now definitely appears that Senator Pepper has abandoned the cause wholly; and, so far as we are able to learn, the bill rests with the Senate Claims Committee, with no further action on it. The affidavit, copy of which is enclosed, sets forth the details of the shooting in full. H. Repts., 80-2, vol. 29 It The coast guardsman and his associate at the shooting were given a court martial at Miami subsequent to the shooting and practically exonerated of all blame. Blanchard attended the court-martial trial and the officers prosecuting the case wholly failed and refused to subpena witnesses named in the affidavit who were the only eyewitnesses in addition to Blanchard, other than the two coast guardsmen. It definitely appeared throughout the entire matter that the commanding officer of the Coast Guard unit involved made a determined effort, in which he was successful, to whitewash the matter, apparently to avoid any further investigation or similar conduct of coast guardsmen at that base. Blanchard is a commercial fisherman, not only operating his own boat and equipment, but owns a substantial interest in the Cape Fish Co., that buys and markets fish caught by other fishermen. This company is composed of local men from Fort Pierce. All of them are very substantial and honorable men. Blanchard sustained a very serious injury, permanent to some extent in that he is now unable to operate his fishing equipment as he was prior to being shot. The bullet passed straight through his chest, fortunately on the right side, missing the heart but penetrating the right lung. As a result of the bullet wound he has lesions about the lungs that the doctors will not undertake to remove due to the vital parts of the body affected. He has sustained quite a damage. Since it appears that Senator Pepper has abandoned our cause, it would be greatly appreciated if you could immediately introduce a similar bill in the House. I would not call upon you for this were it not for the seriousness of the matter and the great damage sustained by Blanchard, and thoroughly believing that his claim should be carefully and fully considered by the Congress. If you will introduce such a bill, we are prepared to submit to the committee, at the time it may be investigated, full and complete facts on the matter. With every good wish to you, I am, Sincerely yours, THAD. AFFIDAVIT OF FRANK E. BLANCHARD STATE OF FLORIDA, County of St. Lucie, ss: Before me, the undersigned authority, personally appeared Frank E. Blanchard, and upon being duly sworn says that On November 2, 1943, and prior thereto, he was in charge of fishing operations and the fish-packing plant located on Cape Canaveral, Fla., and had been so operating for some time prior thereto. That during the afternoon and evening of November 1, 1943, the employees of the Cape Fishing Co. were engaged in packing shrimp at the building used for this purpose. That the following persons were civilian employees of the Cape Fishing Co. on duty and working at the time: R. C. Burns, Hayward Kernan, Fred White, Legion Padgett, W. H. Logue, Levitt Vickers, Margaret Vickers, Ouida Moree, Sidi Strickland, Marie Flood, Thelma Padgett, Rosa Lee Hurst, a youngster by the name of Grover Revels, another youngster whose name was unknown, in addition to this affiant. That about 12:30 a. m. on the morning of November 2, Gerald Tansey, of the United States Coast Guard, and another coast guardsman, Tilley, came to the fish-packing house where the above-named employees were engaged in packing shrimp. Upon reaching the premises the two coastguardsmen, Tansey and Tilley, tied the patrol dog outside the building, entered the building, placed their submachine guns upon the fish bench and started drinking whisky with Signor Colburg, a fisherman visiting the plant at the time, and Grover Revels and the other youngster whose name is unknown to affiant. That the coast guardsmen, Tansey and Tilley, remained in and about the building where the shrimp packing was being done for some period of time and drinking, and then went out of that building. That at about 2:30 a. m., Tansey and Tilley returned to the fish-packing building and inquired of the whereabouts of the red-headed girl, whose name is Ouida Moree, and her buddy, whose name is Sidi Strickland, two of the women employees of the Cape Fishing Co., that were on duty packing shrimp at the time the two coast guardsmen came into the fish-packing building at about 12:30 a. m., when the two coast guardsmen were first there and drinking with the visiting fisherman, Grover Revels, and the youngster whose name is unknown. The two coast guardsmen were advised that the two women inquired about had quit work and gone to their comp quarters and gone to bed. Then the two coast guardsmen, Tansey and Tilley, stated "they would find the two women or tear up the camp looking for them." Ouida Moree and Sidi Strickland, the two women inquired about, had gone to their camp quarters in another building near the fish-packing building and had gone to bed in a room occupied by themselves, Margaret Vickers and Marie Flood, two other women employed by the Cape Fishing Co. The two coast guardsmen, Tansey and Tilley, went to the building in which the above-named women employees slept, forcibly entered the room occupied by the above-named four women. Ouida Moree and Sidi Strickland, the two women Tansey and Tilley were looking for, were not in the room. Margaret Vickers, one of the occupants of the room, has red hair, the same a Ouida Moree. Upon entering the room one of the coast guardsmen, Tilley, tried to pull Margaret Vickers from her bed, apparently believing she was Ouida Moree because of her red hair. When Tilley undertook to pull Margaret Vickers from her bed she and her roommate, Marie Flood, yelled for help. Stoney Coleman and Hayward Kernan answered the cry for help, going immediately to the room. Upon Coleman and Kernan arriving there, Tansey and Tilley immediately ordered Coleman and Kernan, Margaret Vickers, and Marie Flood to line up against the wall and held their guns upon them. Others in the camp, hearing the commotion, went to the scene and were placed under the guns against the wall as fast as they arrived. Terrell Hays, coowner of Cape Fishing Co., started to the scene, observed the coast guardsmen had the employees lined up against the wall in front of the coast guardsmen's gun, slipped away without being detected. Rosa Lee Hurst, observing the situation, went to the camp house of this affiant, advised him of the trouble, and stated that unless he could get there immediately someone was going to get hurt. This affiant had retired to bed. He immediately got up and dressed and went to the scene, the building in which the employees slept, and there found Tansey and Tilley, the two coastguardsmen, standing under the kitchen of the building, the kitchen being on piling about 6 feet above the ground, and Coleman, standing just out from under the kitchen. Tansey and Tilley were engaged in an argument with Coleman. This affiant ordered Coleman and the two coast guardsmen to stop the argument. Coleman then went away and this affiant then ordered the two coast guardsmen to leave the premises. Tansey went out from under the kitchen into the open and this affiant walked out from under the kitchen, and then this affiant observed that Tansey had a pistol in his hand. Tilley said to the affiant: "Look out for him. He will shoot you. I know he will." This affiant then said: "I don't think he will. It is not necessary." Tansey then said: "I am going to shoot up this camp and I am going to shoot you.' This affiant then said: "I don't think so," and asked the two coast guardsmen if they were from the Coast Guard barracks down the beach. Tansey then replied: "It's none of your damn business where we are from," and then immediately shot me with the pistol. The building in which the employees sleep, as well as the other buildings of the plant, are located approximately 1,000 feet back form the beach and this affiant had not ever observed any coast guardsmen or other military personnel patrolling on the premises of the camp. But frequently, prior thereto, many coast guardsmen, while off duty, came about the camp, some of them working in packing fish and shrimp and others coming there drinking and carousing and mixing with the employees. This affiant was never advised by either Tansey or Tilley that they were on duty. Neither did they order him under arrest or attempt to direct him to do anything. This affiant is advised that just prior to his arrival at the scene there had been a fight between Tilley and Coleman. However, this affiant did not learn all this until after he was shot. Immediately after Tansey shot this affiant both of the coastguardsmen ran away and Tilley left a submachine gun lying on the ground at or near the scene of the shooting. This submachine gun was returned to the barracks later that day by one of the fishermen fishing for the Cape Fishing Co. Employees of the Cape Fishing Co. present at the time Tansey and Tilley came to the packing building the first time at about 12:30 a. m., state that both Tansey and Tilley were drinking heavy while they were there and that some of the employees drank with them, and stated to this affiant that both Tansey and Tilley were drunk at the time of the shooting. That at the court martial of Tansey and Tilley for the shooting of this affiant, the officers of the United States Navy in charge of the prosecution failed and refused to subpena for witnesses for the prosecution several material witnesses of good character even though their names, as witnesses, were suggested by this affiant. It is the belief of this affiant that the United States Coast Guard officers and the United States Navy officers in charge of the prosecution of the court martial deliberately refused to bring out all of the facts pertaining to the shooting of this affiant by Gerald Tansey. That on the 1st and 2d day of November 1943, the black-out restrictions had been lifted from the area in which the Cape Fishing Co.'s camp quarters on Cape Canaveral are located. That at the court-martial trial it is reputed that Tansey and Tilley stated that they went upon the premises to investigate a lamplight in the room occupied by the four women as above set out. That if such a lamplight had been in that room as stated by Tansey and Tilley, it could not have been observed from the beach due to the net racks, sand dunes, and bluff between the building and the beach. It is the belief of this affiant that if this case is properly investigated the facts will be found to be exactly as stated herein. The statement of facts herein contained are made upon the personal observations and knowledge of the affiant and from statements made from eyewitnesses of the events that occurred in the absence of this affiant. Upon oath this affiant deposes and says that the foregoing statement of facts alleged to have been observed by him are true and correct and those related to him by other persons present this affiant believes to be true. FRANK E. BLANCHARD. Subscribed and sworn to before me this 4th day of September 1945. [SEAL] My commission expires March 1, 1949. R. L. DAVIDSON, Notary Public. O 80TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session BESSIE B. BLACKNALL { REPORT No. 1528 MARCH 9, 1948.-Committed to the Committee of the Whole House and ordered to be printed Mr. BYRNE, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 3113] The Committee on the Judiciary, to whom was referred the bill (H. R. 3113) for the relief of Bessie B. Blacknall, 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 $5,000 to Bessie B. Blacknall, of Henderson, N. C., in full settlement of all claims against the United States for personal injuries sustained by her as the result of the derailment on December 21, 1944, of a passenger train operated by The Alaska Railroad, Department of the Interior, on which she was traveling. STATEMENT OF FACTS Miss Bessie Blacknall left Fairbanks, Alaska, on December 21, 1944, on a passenger train operated by The Alaska Railroad. As a result of the derailment of the train at mile post 424.9, Miss Blacknall suffered a partial fracture and multiple contusions. She was taken to St. Joseph's Hospital at Fairbanks and was confined there from December 21, 1944, to April 5, 1945. All expenses connected with Miss Blacknall's hospitalization at St. Joseph's Hospital were borne by The Alaska Railroad. On May 22, 1945, Dr. P. B. Haggland, Alaska Railroad surgeon, advised that final determination as to any disability in Miss Blacknall's case should be made a year after the accident. On May 31, 1945, Miss Blacknall advised the railroad that she considered a claim of $5,000 justified. The general manager of the railroad informed Miss Blacknall that he considered this claim excessive, but that he would recommend payment of $2,500. This was based on the assumption that Miss Blacknall had made a complete recovery. How |