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sons in the employ of the United States: Provided further, That no claim shall be considered under this Act by the Secretary of State unless presented to him within one year from the date of the accrual of said claim: And provided fur. ther, That acceptance by any claimant of the amount determined under the provisions of this Act shall be deemed to be in full settlement of such claim against the Government of the United States. Act of Feb. 13, 1936 (49 Stat. 1138); 31 U. S. C. 224a. 709. Private property; damage by operations of the Army.
Pro vided, That hereafter the Secretary of War is authorized to consider, ascertain, adjust, and determine the amounts due on all claims for damages to and loss of private property when the amount of the claim does not exceed the sum of one thousand dollars, occasioned by heavy gun fire and target practice of troops, and for damages to vessels, wharves, and other private property, found to be due to maneuvers or other military operations for which the Government is responsible, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor. Sec. 1, act of Aug. 24, 1912 (37 Stat. 586); 5 U. S. C. 208.
For payment of claims (including claims of military and civilian personnel in and under the War Department] not exceeding $500 each in amount for damages to or loss of private property incident to the training, practice, operation, or maintenance of the Army that have accrued, or may hereafter accrue, from time to time, $3,000: Provided, That settlement of such claims shall be made by the General Accounting Office, upon the approval and recommendation of the Secretary of War, where the amount of damages has been ascertained by the War Department, and payment thereof will be accepted by the owners of the property in full satisfaction of such damages. Act of Feb. 28, 1929 (45 Stat. 1354), making appropriations for support of War Department; 31 U. S. C. 223.
The compilers of the United States Code have not followed the recommendation of the War Department (Op. J. A. G. 010.3, Nov. 12, 1929, p. 14) that this provision, based ou War Department Appropriation Act of February 28, 1929 (45 Stat. 1354), as repeated in subsequent appropriation acts and modified as indicated in the act for fiscal year 1937 (49 Stat. 1284), 31 U. S. C. 223, be omitted from the Code as temporary. It has been eliminated from 5 U. S. C. 209 but is retained in 31 U. S. C. 223.
710. Private property; damage by dredging operations.--That the Court of Claims shall have jurisdiction to hear and determine claims for damages to oyster growers upon private or leased lands or bottoms arising from dredging operations and use of other machinery and equipment in making such improvements: Provided, That suits shall be instituted within one year after such operations shall have terminated. Sec. 13, act of Aug. 30, 1935 (49 Stat. 1019); 28 U. 8. C. 250a. 711. Private property; damage by operation of aircraft.
for settlement of claims (not exceeding $250 each) for damages to persons and private property resulting from the operation of aircraft at home and abroad when each claim is substantiated by a survey report of a board of officers appointed by the commanding officer of the nearest aviation post and approved by the Chief of Air Corps and the Secretary of War. * * Act of Feb. 28, 1929 (45 Stat. 1362), making appropriations for the support of the War Department; 31 U. S. C. 224.
The compilers of the United States Code have not followed the recommendation of War Department (J. A. G. 010.3, Nov. 12, 1929, p. 286) that this section, based on War Department Appropriation Act of February 28, 1929 (45 Stat. 1362), and subsequent appropriation acts, 31 U. 8. C. 224, bo omitted from the Code as temporary.
712. Private property; damage by river and harbor operations.--That whenever any vessel belonging to or employed by the United States engaged upon river and harbor works collides with and damages another vessel, pier, or other legal structure belonging to any person or corporation, and whenever, in the prosecution of river and harbor works, an accident occurs damaging or destroying property belonging to any person or corporation,
the Chief of Engineers shall cause an immediate examination to be made, and if, in his judgment, the facts and circumstances are such as to make the whole or any part of the damages or destruction a proper charge against the United States, the Chief of Engineers, subject to the approval of the Secretary of War, shall have authority to adjust and settle all claims for damages or destruction caused by the above-designated collisions, accidents, and so forth, in cases where the damage or expense does not exceed $500, and pay the same from the appropriation directly involved, and to report such as exceed $500 to Congress for its consideration. Sec. 4, act of June 25, 1910 (36 Stat. 676); sec. 9, act of June 5, 1920 (41 Stat, 1015); 33 U. 8. C. 564.
The act of August 26, 1937 (50 Stat. 843), authorizes the Secretary of War to pay Claims for damages arising from fluctuations of water levels of the Lake of the Woods, in accordance with section 3, act of May 22, 1926 (44 Stat. 617).
The first deficiency act of March 5, 1938 (52 Stat. 93), makes an appropriation for this purpose, and requires that a release in full shall be required by the Secretary of War in connection with all claims settled.
Act of April 13, 1938 (52 Stat. 215), authorizes the Secretary of War to reimburse the Chippewa Indians for filowage rights on lands bordering the Lake of the Woods.
713. Private property; damage by negligence of Government agents within scope of their employment.--That when used in this Act the terms "department and establishment” and “department or establishment” mean any executive department or other independent establishment of the Government; the word "employee" shall include enlisted men in the Army, Navy, and Marine Corps. Sec. 1, act of Dec. 28, 1922 (42 Stat. 1066); 31 U. 8. C. 216.
That authority is hereby conferred upon the head of each department and establishment acting on behalf of the Government of the United States to consider, ascertain, adjust, and determine any claim accruing after April 6, 1917, on account of damages to or loss of privately owned property where the amount of the claim does not exceed $1,000, caused by the negligence of any officer or employee of the Government acting within he scope of his employment. Such amount as may be found to be due to any claimant shall be certified to Congress as a legal claim for payment out of appropriations that may be made by Congress therefor, together with a brief statement of the character of each claim, the amount claimed, and the amount allowed : Provided, That no claim shall be considered by a department or other independent establishment unless presented to it within one year from the date of the accrual of said claim. Scc. 2, act of Dec. 28, 1922 (42 Stat. 1066); 31 U. S. C. 215.
That acceptance by any claimant of the amount determined under the provisions of this Act shall be deemed to be in full settlement of such claim against the Government of the United States. Sec. 3, act of Dec. 28, 1922 (42 Stat. 1066); 31 U. 8. C. 217.
Notes of Decisions Intervening cause.-Mere fact that inter- | though such consequences are immediately vention of responsible human being can be and directly brought about by intervening traced between defendant's wrongful act and cause, if such intervening cause was set in injury complained of will not absolve de- motion by original wrongdoer, or was only fendant; general rule being that one doiug condition through which negligent act operwrongful act is answerable for all conse- ated to produce injurious result. Garis v. quences ensuing in ordinary course of events, Eberling (Tenn., 1934), 71 S. W. (20) 215;
certiorari denied by Sup. Ct. Tenn., May enrollee who drove the truck was designated 19, 1934.
to provide the transportation. (May 24, Negligence of automobile owner, leaving 1938). 39 Op. Atty. Gen. No. 45. car parked on incline with children playing Subrogation.-A claim covering the cost of about it, could be proximate cause of injury repairing a plate-glass window presented to child run over by car, even though another by an insurance company which has become child released brake lever and thus caused subrogated to the rights of the owner of car to roll downhill. Id.
the damaged property may properly be cer. Measure of damage.--Section 2, act of tified to Congress under this section for ap December 28, 1922 (42 Stat. 1066), 31 propriation to provide for its payment. In U. S. C. 215, is interpreted as comprehend making the certification special attention ing "deprivation of use" no less than other should be called to the fact that it is a subitems commonly allowable as damages, but rogation claim by an insurer, and the attenonly, of course, in cases where the party de- tion of Congress should be drawn to the prived of use has sustained legally provable point involved so that it may receive de damages on that account. (Nov. 8, 1937) liberate consideration. (1932) 36 Op. Atty. 39 Op. Atty. Gen. No. 30.
Gen. 553. Scope of employment.-Whether an
Property covered.--In view of the broad rollee of the Civilian Conservation Corps was purpose of this section and the uniform "acting within the scope of his employment" | practice of the departments in construing when using a Government-owned truck to same, the property of municipalities is held transport an employee to bis home depends to be "privately owned property" within upon whether such transportation at the par- the meaning of the statute, and claims for ticular camp was autborized by the Presi- damage thereto may properly be considered, dent or other proper officer and whether the (1936) 38 Op. Atty. Gen. 514.
714. Private property; loss or damage in the military service of the United States.-Every person who sustains damage by the capture or destruction by an enemy, or by the abandonment or destruction by the order of the commanding general, the commanding officer, or quartermaster, of any horse, mule, ox, wagon, cart, sleigh, harness, stean oat or other vessel, railroad engine, or railroad car, while such property is in the military service, either by impressment or contract; or who sustains damage by the death or abandonment and loss of any horse, mule, or ox, while in the service, in consequence of the failure on the part of the United States to furnish the same with sufficient forage, or whose horse, mule, ox, wagon, cart, boat, sleigh, harness, vessel, railroad engine, or railroad car, is lost or destroyed by unavoidable accident while such property is in the service, shall be allowed and paid the value thereof at the time when such property was taken into the service, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner: Provided, It ap pears that such loss, capture, abandonment, destruction, or death was without any fault or negligence on the part of the owner of the property, and while the property was actually employed in the service of the United States. R. S. 3483 ; 31 U. 8. C. 209.
Whenever any horse is condemned by a board of officers, on account of his unfitness for service, in consequence of the Government failing to supply forage, such horse and his equipage shall be allowed and paid for: Provided, It shall be proven, by satisfactory evidence, whether oral or written, that the condemned horse and the equipage were turned over to a quartermaster of the Army, whether any receipt therefor was given and produced, or not. R. S. 3485; 31 U. S. 0. 211.
714a. Private property; damage by field exercises.
for settlement of claims (not exceeding $500 each) for damages to or loss of private property resulting from such exercises that have accrued or may hereafter accrue, when payment thereof will be accepted by the owners of the property in full satisfaction of such damages, and each claim is substantiated by a report of a board of officers appointed by the commanding officer of the troops engaged, and is approved by the Secretary of War, whose action thereon shall be conclusive, Title 1, War Department appropriation act of May 15, 1936 (49 Stat. 1281).
A similar provision has appeared in subsequent appropriation acts. A provision applicable to the fiscal year 1936 was contained in Title III, deficiency appropriation act of June 22, 1936 (49 Stat. 1640).
714b. Private property; damage by operation of camps of instruction, National Guard.—* * Provided, That not to exceed $25,000 of this appropriation shall be available for the settlement of claims (not exceeding $500) for damages to or loss of private property incident to the operation of camps of instruction, either during the stay of National Guard units in such camps or while thereto or therefrom en route. Sec. 1, military appropriation act of July 1, 1937 (50 Stat. 461).
A similar provision has appeared in subsequent appropriation acts.
Notes of Decisions
Negligence of caretaker.—Where tract of proper and safe maintenance of the camp land owned, equipped, and maintained by the and all structures therein; negligence of Government, and used as a military training caretaker, from which the death of a visitor ground and camp site, was used by the Na- resulted, held to be the negligence of the tional Guard as a training camp it is held Government. Meagher v. U. 8. (1938), 86 that the Government was responsible for ct. Cl. 450.
715. Property of Army personnel; loss or damage in military service. That private property belonging to officers, enlisted men, and members of the Nurse Corps (female) of the Army, including all prescribed articles of equipment and clothing which they are required by law or regulations to own and use in the performance of their duties, and horses and equipment required by law or regulations to be provided by mounted officers, which since the 5th day of April, 1917, has been or shall hereafter be lost, damaged, or destroyed in the military service, shall be replaced, or the damage thereto, or its value recouped to the owner as hereinafter provided, when such loss, damage, or destruction has occurred or shall hereafter occur without fault or negligence on the part of the owner in any of the following circumstances :
First. When such private property so lost, damaged, or destroyed was shipped on board an unseaworthy vessel by order of an officer authorized to give such order or direct such shipment.
Second. When it appears that such private property was so lost, damaged, or destroyed in consequence of its owner having given his attention to the saving of human life or property belonging to the United States which was in danger at the same time and under similar circumstances, or while, at the time of such loss, damage, or destruction, the claimant was engaged in authorized military duties in connection therewith.
Third. When during travel under orders such private property, including the regulation allowance of baggage, transferred by a common carrier, or otherwise transported by the proper agent, or agency of the United States Government, is lost, damaged, or destroyed; but replacement, recoupment, or commutation in these circumstances, where the property was or shall be transported by a common carrier, shall be limited to the extent of such loss, damage, or destruction over and above the amount recoverable from said carrier.
Fourth. When such private property is destroyed or captured by the enemy, or is destroyed to prevent its falling into the hands of the enemy, or is abandoned on account of lack of transportation or by reason of military emergency requiring its abandonment, or is otherwise lost in the field during campaign. Act of Mar. 3, 1885 (23 Stat. 350); act of Mar. 4, 1921 (41 Stat. 1436); 31 U.S. C. 218.
That except as to such property as by law or regulation is required to be possessed and used by officers, enlisted men, and members of the Army Nurse Corps (female), respectively, the liability of the Government under this Act shall be limited to damage to or loss of such sums of money or such articles of personal property as the Secretary of War shall decide or declare to be reasonable, useful, necessary, and proper for officers, enlisted men, or members of the Army Nurse Corps (female), respectively, as the case may be, to have in their possession while in quarters, or in the field, engaged in the public service in the line of duty. Sec. 2 added to act of Mar 3, 1885, by act of Mar. 4, 1921 (41 Stat. 1437); 31 U. 8. C. 219.
That the Secretary of War is authorized and directed to examine into, ascertain, and determine the value of such property lost, destroyed, captured, or abandoned as specified in the foregoing paragraphs, or the amount of damage thereto, as the case may be; and the amount of such value or damage so ascertained and determined shall be paid by disbursing officers of the Army, or such property lost, destroyed, captured, or abandoned, or so damaged as to be unfit for service, may be replaced in kind from Government property on hand when the Secretary of War shall so direct. Sec. 3, added to act of Mar. 3, 1885, by act of Mar. 4, 1921 (41 Stat. 1437); 31 U. S. C. 220.
That the tender of replacement or of commutation or the determination made by the Secretary of War upon a claim presented as provided for in the foregoing section, shall constitute a final determination of any claim cognizable under this chapter, and such claim shall not thereafter be reopened or considered. Sec. 4, added to act of Mar. 3, 1885, by act of Mar. 1, 1921 (41 Stat. 1437); 31 U. S. C. 221.
That no claim arising under this Act shall be considered unless made within two years from the time that it accrued, except that when a claim accrues in time of war, or when war intervenes within two years after its accrual, such claim may be presented within two years after peace is established. Sec. 5, added to act of Mar. 3, 1885, by act of Mar. 4, 1921 (41 Stat. 1.437); 31 U. S. C. 222.
The words "regulating allowance of baggage," above, were probably intended for "regulation allowance of baggage."
The acts of March 28, 1918 (40 Stat. 479), and July 9, 1918 (40 Stat, 880), were superseded by this section.
Notes of Decisions Authority and jurisdiction.—The determi- in a proper case, by the Attorney General, nation by the Secretary of War of the claim (1935) 38 Op. Atty. Gen. 181. of an officer for loss of private property in the The determination of the Secretary of War military service under section 3 of the origi- of a claim presented under section 3 of the nal text is final, and not reviewable by the original text is final and conclusive only court. Ines Flecha v. U. S. (1934), 79 Ct. when such determination is authoritatively CI. 180.
made. Held, That the Secretary's determinaUnder sections 3 and 4 of the original text tion that the statute was applicable to the the Comptroller General is without author- loss or damage of property in storage was ity to ignore or reject the findings of fact in clearly erroneous. Curran v. U. S. (1928), respect to a claim which has been deter- 65 ct. Cl. 26. mined and approved by the Secretary of Property in storage.--Loss of personal War; but he may review such claim to deter- property of officer stored with quartermaster mine whether its payment is authorized by while officer was on overseas duty held not the statute, bis determination being, of course, within section. Curran v. U. S. (1928), 65 subject to review by the Court of Claims, and, Ct. Cl. 26.
716. Horses and equipment of Army personnel; loss in military service.The two preceding sections shall extend to all cases of the loss of horses by any officer, noncommissioned oflicer, or private in the military service of the United States, while in the line of his duty in such service, by capture by the enemy,