AUGUST 30, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. JENNINGS, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 4921] The Committee on Claims, to whom was referred the bill (H. R. 4921) for the relief of Dr. J. Sims Norman, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to appropriate the sum of $432 to Dr. J. Sims Norman, of Pueblo, Colo., in full settlement of all claims against the United States for professional services rendered during the month of May 1942, in making physical examinations of Government employees engaged in the construction of the Army air base and the Pueblo Ordnance Depot at Pueblo, Colo. STATEMENT OF FACTS The War Department report of August 8, 1944, states that it would not oppose the enactment of this bill. Their report is quoted in part below and made a part of this report. Under the provisions of the purchase orders, Dr. Norman was employed to nake physical examinations of prospective employees at the rate of $2 per examination. The examinations were directed for the purpose of determining the physical fitness of individuals prior to employment with a view to decreasing liability on the part of the Government for payment of compensation benefits and allowances of sick leave due to illness. These prospective employees are not interested in nor willing to pay for such examinations. The agreements were entered into with Dr. Norman in good faith and the services were rendered for the Government rather than for the benefit of the individuals concerned. Payment of vouchers for such services have been disallowed by the General Accounting Office because of lack of appropriation to be charged. Your committee recommends favorable consideration to the proposed legislation. Appended hereto is the report of the War Department, together with other pertinent information. Hon. DAN R. MCGEHEE, Chairman, Committee on Claims, WAR DEPARTMENT, Washington, August 8, 1944. House of Representatives, Washington, D. C. DEAR MR. MCGEHEE: Further reference is made to your letter of June 5, 1944, transmitting for report H. R. 4921, Seventy-eighth Congress, second session, a bill for the relief of Dr. J. Sims Norman. The War Department is not opposed to the enactment of the bill. The measure proposes to authorize and direct payment of the sum of $432 to Dr. J. Sims Norman, of Pueblo, Colo., in full settlement of all claims against the United States for services rendered to the Engineer Corps, United States Army, during the month of May 1942 under purchase orders issued by the Engineer Department. Under the provisions of the purchase orders, Dr. Norman was employed to make physical examinations of prospective employees at the rate of $2 per examination. The examinations were directed for the purpose of determining the physical fitness of individuals prior to employment with a view to decreasing liability on the part of the Government for payment of compensation benefits and allowances of sick leave due to illness. These prospective employees are not interested in, nor willing to pay, for such examinations. The agreements were entered into with Dr. Norman in good faith and the services were rendered for the Government rather than for the benefit of the individuals concerned. Payment of vouchers for such services have been disallowed by the General Accounting Office because of lack of appropriation to be charged (C. G. Dec. B-37893, November 19, 1493). The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, ROBERT P. Patterson, Washington, February 23, 1944. COMPTROLLER GENERAL OF THE UNITED STATES, Hon. J. EDGAR CHENOWETH, House of Representatives. MY DEAR MR. CHENOWETH: I have your letter of February 16, 1944, requesting review of the action of the Claims Division of this office in disallowing the claim of Dr. J. Sims Norman, of Pueblo, Colo., for $432, for services in making medical or physical examinations of prospective civil employees of the Pueblo Ordnance Depot. The claim in question was disallowed by settlement of September 24, 1943, for the reason that there was nothing in the appropriation proposed to be charged making it available for the cost of medical or physical examinations for applicants for Federal positions to determine their physical fitness and that there was no such authority generally, in any other statute. It is not disputed that the services in question were requested by and furnished to the United States Engineer Department. There have been filed in this office a large number of similar claims by other doctors, all of which claims have been disallowed for like reasons. In decision of September 18, 1942 (22 Comp. Gen. 243), involving a case substantially identical with Dr. Norman's, it was stated: "Unless provided for by statute or in an appropriation act, the cost of medical examinations to determine physical eligibility or fitness for appointment to civilian Federal positions is required to be regarded as a personal expense chargeable to the applicants for positions and may not be charged to the Government. * * * "I find no authority in the Engineer Office of the War Department to enter into a contract with Dr. Kibler-such as was done here-to render professional services as a physician solely 'in connection with the physical examination of employees of this office prior to their entrance on duty' [quoting from the contract] * The Government's agents or officers have only limited power and certain prescribed discretion, in respect of contracting for the Government; and persons who deal with such agents or officers without ascertaining for themselves that such authority is not exceeded, do so at their own risk. The unauthorized acts of such agents or officers cannot obligate the Government or estop it from asserting the invalidity thereof. (The Floyd Acceptances (7 Wall. 666); Filor v. United States (9 Wall. 45); Whiteside v. United States (93 U. S. 247; 8 Comp. Gen. 495).) It thus appears that the disallowance of Dr. Norman's claim was correct under existing law. While this Office does not doubt the good faith of Dr. Norman or of the other doctors rendering similar services, it is without authority under existing law to afford any relief in such cases. Of course, in this particular instance, the matter could be cured by the enactment of a private relief act, but I would not be inclined to recommend such action because the enactment of private relief here would single out this case for preferential treatment over a large number of similar claims which have come to the attention of this Office requiring disallowance of the claims. It may be suggested that if it should be considered, as a matter of policy, that physical examinations of the character here involved are for the benefit of the United States rather than for the individuals concerned, the matter would be one for consideration of general legislation authorizing such examinations at Government expense. Sincerely yours, J. SIMS NORMAN, M. D., Pueblo, Colo. LINDSAY C. WARREN, Comptroller General of the United States. WAR DEPARTMENT, UNITED STATES ENGINEER OFFICE, DEAR DR. NORMAN: Reference is made to the following invoices covering examinations of prospective Government employees at Pueblo Air Base and Pueblo Ordnance: In our letter of September 4, 1943, you were advised that bills had been forwarded the General Accounting Office for settlement. Information has since been furnished this office that General Accounting Office has ruled that no authority exists for payment of services of this type from military appropriations. It is realized that services were rendered by you in good faith, and it is regretted that payment will be further delayed until legislation is enacted by Congress to approve payment of bills of this type. Action has been initiated by the Office, Chief of Engineers, to this end. It is also suggested that, if you desire, you have the right to ask through your Congressman passage of a private bill in your behalf, which bill if introduced and reported to the Engineer Department for an administrative report, would receive favorable recommendation from the Engineer Department. Very truly yours, HAROLD M. MARTIN, Major, Corps of Engineers, Executive Officer. о 78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session } ESTATE OF CECILE H. BURGETT REPORT No. 1833 AUGUST 30, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. GOODWIN, from the Committee on Claims, submitted the following REPORT To accompany H. R. 5048) The Committee on Claims, to whom was referred the bill (H. R. 5048) for the relief of the estate of Cecile H. Burgett, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 6, strike out the figures "$10,000" and insert in lieu thereof the figures "$5,350". The purpose of the proposed legislation is to appropriate the sum of $5,350 to the estate of Cecile H. Burgett, deceased, of Omaha, Nebr., in full settlement of all claims against the United States for her death as the result of being run over by a United States Post Office Department vehicle in Omaha, Nebr., on October 5, 1942. STATEMENT OF FACTS It appears that on October 5, 1942, Cecile H. Burgett was crossing the street at a point some 10 or 12 feet west of the west crosswalk of an intersection when the accident happened. The postal chauffeur, en route from the post office to the garage, had been north-bound and turned west at the intersection. He was proceeding at a moderate rate of speed but apparently his attention was distracted by other vehicles approaching to the right and rear of his truck. The testimony of witnesses is to the effect that the pedestrian had reached a point near the middle of the street when she became apprehensive of being struck by east-bound vehicles and stepped suddenly back into the path of the approaching mail truck. While there is some evidence of negligence on the part of the deceased it is also well established that the postal chauffeur was not as attentive to his duties as he might have been. It is the opinion of your |