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.

General appearance.-Well-developed and nourished white female. appear acutely or chronically ill.

Skin.-Normal texture and elasticity.

Scars. Well healed, right upper arm and axilla:

Does not

(1) One circular in outline, middle one-third right upper arm, anterolateral surface.

(2) One, about 6 inches long, of posterior surface, right upper arm, and one, extensor surface, right elbow.

(3) One, irregular in outline, of right axilla.

Enteron.-Not examined.

Chest.-Lungs clear to percussion and auscultation.

Heart.-Rate and rhythm regular.

Abdomen.-Not examined.

Pelvic. Not examined.

Extremities.-Right hand generally slightly smaller than left. Slight atrophy right thenar eminence. Limitation and weakness of abduction right thumb. about 25 percent limitation of supination right hand.

Trunk. Scoliosis of middorsal and upper lumbar vertebrae.

Neurological.-Light touch, pin prick, hot and cold sensation of right hand

intact.

Reflexes.-Triceps, right +, left 3+; biceps, right+, left 3+, brachioradial, right 3+, left 3+. FRANK J. PICKETT, M. D.

STATE OF MONTANA,

County of Gallatin, ss:

Frank J. Pickett, M. D., being first duly sworn, upon oath deposes and says: That he executed the foregoing statement and the statements therein set forth are true to the best of his knowledge and information.

In witness whereof, he has hereunto set his hand this 17th day of March, A. D. 1948.

FRANK J. PICKETT.

Subscribed and sworn to before me this 17th day of March, A. D. 1948.
SEAL

D. N. NASH, Notary Public for State of Montana, residing at Bozeman, Mont.

My commission expires January 12, 1951.

REPORT ON THE CASE OF MISS HOPE IRENE DOTSETH

SAN FRANCISCO 2, February 16, 1948.

Miss Dotseth gave me the history that on Christmas 1942, a .45 caliber bullet shot by some M. P. at a distance of 5 feet entered the front and center of her right upper arm, fracturing the humerus and penetrating the arm. The wrist dropped forward at once and had not improved. She stated that the wound took 5 weeks to heal and there was discharge for 3 weeks. The cast was removed from her arm on February 18, 1943. The general and past history were negative. Examination showed that the humerus was straight and was uniting with callus. There was a scar of entrance and exit in the right upper arm. radial nerve from there distally was not functioning. The muscles supplied by it showed the reaction of degeneration. Anesthesia was present in the area of the hand supplied by the musculospiral nerve. The muscles supplied by this nerve were not acting, including the outer head of the triceps, though the rest

The

of the triceps moved. She was unable to dorsiflex the right wrist or extend the thumb and fingers. The supinator longus was not functioning.

The following is a copy of my operative notes: "Through a vertical incision at the site of exit of the bullet, the long head of the triceps muscle was retracted outward, exposing the radial nerve as it rounded the humerus. The branch to the anconeus muscle was found to be in scar. It was dissected free The branch to the long head of the triceps was seen and protected. The branch to the outer head of the triceps had been destroyed and was beyond repair. New bone formation extended into this triceps head. It was removed.

The

"The upper end of the radial nerve ended in the callus of the fracture. lower end of the nerve was uncovered over an inch below. Each end was trimmed off to good nerve bundles. There was then a gap between their ends of 2 inches. Each nerve was freed for a distance from the wound and still they would not reach each other. Therefore, through a small lateral incision opposite the elbow, the lower end of the nerve was freed with all its branches and by flexing the elbow it could be drawn up until it met the upper end. It was also necessary to place the elbow at the side of the body to relax the upper fragment of nerve. The nerve ends were accurately sutured together with the finest silk and a piece of triceps muscle was laid between the nerve juncture and the bone. On closing the wounds the arm was put up with the elbow flexed and at the side of the body by adhesive plaster."

The wound healed per primam. The humerus united straight and firmly. I received a letter from Dr. L. L. Howard dated October 22, 1943, as follows: "Irene Dotseth has been seen at frequent intervals since you operated upon her right arm in March of 1943. The results have been remarkable. Today she gave an excellent demonstration of muscle power in her forearm, wrist, and hand. She extends all of her fingers quite well but the thumb still extends somewhat poorly. Sensation is normal."

On February 7, 1944, I examined the arm. The wrist extended with fair strength. The fingers extended, but not strongly. The long extensor of the thumb worked well and the abductor of the thumb slightly. The supinator longus worked well. She supinated the forearm well. All of the triceps muscle functioned. In other words, she had quite good use of the hand though it was not perfect as yet.

Her mother wrote on March 25, 1945, that, "Irene's arm is pretty good except her thumb isn't quite as it should be."

Respectfully.

STERLING BUNNELL, M. D.

Subscribed and sworn to before me this 16th day of February 1948. [SEAL]

WILLIAM E. SCHORD.

Notary public in and for the city and county of
San Francisco, State of California.

My commission expires June 2, 1950.

AFFIDAVIT

STATE OF MONTANA,

County of Cascade:

R. B. Richardson, being first duly sworn, and upon his oath deposes and says: That he is a duly licensed and practicing physician and surgeon in the State of Montana; that he resides at and practices his profession in the city of Great Falls, Mont.; that he is a member of the medical and surgical staff of the Great Falls clinic.

That at about 1 a. m. on the morning of December 26, 1942, he was called to the Montana Deaconess Hospital, in Great Falls, Mont., to attend Miss Irene Dotseth; and when the patient was suffering from a gunshot wound of the upper right arm causing a compound comminuted fracture of the right humerus and solution of continuity of the musculospiral (radial) nerve, with attending shock, hemorrhage, and pain; that immediate supportive and remedial care and treatment were instituted.

That the musculospiral nerve was not sutured.

The humerus presents satisfactory healing, and that the patient's progress to recovery has been satisfactory except that there is no evidence of return of function of the musculospiral nerve.

The patient is being sent to Dr. Sterling Bunnell of San Francisco for nerve suture, the results of which will not be determined for several months after suture. If successful she will possibly not have complete return of function and even a partial return may not be indicated for 10 to 18 months.

R. B. RICHArdson.

Subscribed and sworn to before me this 4th day of March 1943.

ROBERT M. SEVERANCE, Notary Public.

GREAT FALLS, MONT., January 17, 1948.

Re: Mrs. Charles A. Buley, formerly Miss Hope Irene Dotseth.
Hon. MIKE MANSFIELD,

Representative of Montana,

Washington, D. C.

DEAR MIKE: We are writing to ask for your aid and help for Mrs. Charles Buley. We know that when you are acquainted with the facts of her case, she will have your sympathy and active support. Mrs. Buley has a claim against the Government which arose prior to January 1, 1945, and so is not one by which the Government can be sued under the Federal Torts Claims Act. Thus it will be necessary to initiate private relief legislation, and we are asking your help at this time to initiate such legislation.

In general the facts are these:

On Christmas night in 1942, Miss Hope Irene Dotseth was one of a party of four which went to the Oasis night club in Black Eagle, Mont. At that time Miss Dotseth was 18 years of age. Soon after midnight, or about 12:20 a. m., December 26, 1942, an altercation arose in the Oasis which involved two members of the military police acting within the scope of their authority and employment. During the altercation the two military policemen drew their pistols and fired a total of eight shots. In this "hail of bullets," as the newspapers described it at that time, four civilians were wounded. The most seriously wounded was Miss Dotseth who was struck by a bullet in the upper right arm, which caused a compound comminuted fracture of the right femur and severed the radial nerve.

There was, of course, considerable newspaper publicity about this and a court martial in whcih the two military policemen were exonerated. Miss Dotseth's escort was one of the civilians involved in the altercation. However, that has little or no effect upon Miss Dotseth's claim, for of course she was not involved in any altercation or battle with the military police and was an innocent bystander at the time she was shot.

Miss Dotseth was immediately taken to the Deaconess Hospital in Great Falls, Mont., where she remained from December 26, 1942, to January 10, 1943. Dr. R. D. Richardson of the Great Falls Clinic was called in and immediately treated the gunshot wound. She remained under his care until March 4, 1943, at which time he reported that there was "no evidence of the return of function of the musculospiral (radial) nerve.' He recommended that she go to Dr. Sterling Bunnell of San Francisco, who was a specialist in nerve suture. Following her doctor's recommendation, Miss Dotseth, who was still unable to use her arm, accompanied by her mother, went to San Francisco where they remained for a period of 3 months during treatment by Dr. Bunnell. The nerve suture was partially successful and there was a partial return of the use of the right arm and hand. However, even at this date, which is more than 5 years after the original shooting, her right hand and wrist are still partially disabled.

On October 5, 1943, Miss Dotseth put in a claim to the War Department for $13,157.50. As you know, the War Department can pay no claim in excess of $1,000, and to this date she has received no compensation of any kind from the War Department. During June of 1944, Miss Dotseth made a request to Representative James F. O'Connor for private relief legislation. No action was ever taken, possibly because of the death of Representative O'Connor. In connection with Representative O'Connor's efforts, there was a letter written from Headquarters, Army Service Forces, from the Office of the Judge Advocate General, dated July 1, 1944, and signed by Maj. Gen. Byron C. Cramer, Judge Advocate General. This letter contains many of the facts which I have mentioned.

In 1946, Miss Dotseth, who was then Mrs. Charles A. Buley, attempted to get some remuneration through Senator Wheeler. During these efforts, there was a letter written by Maj. Gen. Thomas H. Green, the Judge Advocate General,

dated August 27, 1946. However, Mrs. Buley (formerly Miss Dotseth) received a letter dated August 28, 1946, from a M. W. Mitchell, secretary, to the effect that Senator Wheeler would not be a Member of the next Congress, and that it would be necssary to take the matter up with some other Montana Congressman. So here it is 5 years later and Mrs. Buley has still received nothing for having been shot as a bystander, in spite of all of her efforts. The Army has not been able adequately to reimburse her. The Red Cross has made some efforts which have been unsuccessful. Representative O'Connor and Senator Wheeler have been able to do nothing for her in a material way. So at this time we are t going to attempt to press a claim through the Army or through any other annels, and Mrs. Buley and we are resting all our hopes of compensation on ou and your efforts to initiate private relief legislation.

1

At the present time, Mrs. Buley has suffered the following damages:

Medical and doctor bills:

Deaconess Hospital, Great Falls, Mont..
Great Falls Clinic, Great Falls, Mont..

Stanford University Hospital, San Francisco..

Dr. Bunnell, San Francisco, Calif...

Expenses incurred to and from San Francisco (Mrs. Buley

$150. 15
304.00
84. 15

500.00

$1, 038. 30

and her mother):

Thus, Mrs. Buley is actually out of pocket $3,912.50. In addition to that there was the shock and years of pain and suffering. For some time it was believed that it might be necessary to amputate her right arm. For almost 4 years she did not have substantial use of her right arm. And, of course, she had all the heartache, worry, hardship, and fear that go with the loss or temporary loss of an arm. Even as late as August 1946, it was not known whether or not there would be a substantial restoration of the use of her right hand and wrist. Even at the present time, which, as I have said, is more than 5 years from the day of the shooting, Mrs. Buley is still partially disabled. She has not yet fully regained the use of her right hand, so that it would be difficult, if not impossible. for her to hold down a job as a typist, which was her former occupation.

At the present time, Mrs. Buley is married to a veteran who is attending Montana State College at Bozeman. And of course it is necessary for them to supplement their income while he attends college. Mrs. Buley also continues to suffer some pain and has curvature of the spine caused by wearing heavy casts and braces for such a long length of time.

In a civil action, we would start a suit in excess of $50,000, and believe that a settlement or judgment of $23,912.50 would be justified under these facts. Therefore, we request you to initiate private relief legislation for that amount. If there is anything further which we can do to help Mrs. Buley or you, we shall be at your service.

Sincerely yours,

JOHNSON & WILLIAMS By CARTER Williams.

О

81ST CONGRESS HOUSE OF REPRESENTATIVES 1st Session

A. J. CROZAT, JR.

{

REPOR!
No. 97

FEBRUARY 14, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. BYRNE of New York, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 1452]

The Committee on the Judiciary, to whom was referred the bill (H. R. 1452) for the relief of A. J. Crozat, Jr., 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 "$15,000" and insert "$7,026.38".

An identical bill was favorably reported by the committee and passed the House during the Eightieth Congress, but no action taken by the Senate.

The facts will be found fully set forth in House Report No. 354, Eightieth Congress, first session, which is appended hereto and made a part of this report. Your committee recommend favorable consideration to the bill as amended.

[H. Rept. No. 354, 80th Cong., 1st sess.]

The purpose of the proposed legislation is to pay the sum of $7,026.38 to A. J. Crozat, Jr., of New Orleans, La., in full settlement of all claims against the United States for personal injuries sustained as a result of the withdrawal of blood, to be used in the treatment of members of the armed forces of the United States, in New Orleans, La., on December 13, 1943.

H. Repts., 81-1, vol. 1—36