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To Whom It May Concern:

NEW YORK, June 17, 1951.

I have known Dr. Ignacy Adam since 1934. When I met Dr. Adam he was a medical student in Bologna, Italy, and I was likewise a student. I next met Dr. Adam while he was taking English examination for State Board in New York City in 1948. I am acquainted with his family consisting of his wife and child.

When I first knew Dr. Adam as a student in Italy, it was known to all that he was of the Jewish faith. I have since learned that in order to save himself from extermination at the hands of the Nazis it was necessary for him to assert that he was of the Christian faith. However, with my knowledge of his excellent character and good moral qualities, I have no doubt that the misstatements, which he found it necessary to make, were rendered necessary by circumstances, which were themselves wholly immoral and unjustified. As a consequence, my faith in his integrity is completely unshakeable.

I know him and his wife to be persons devoted to the sims and ideal of this country and loyal to its democratic traditions and I join in his request to be permitted to remain in this country.

Very truly yours,

STATE OF NEW YORK,

County of Bronx, City of New York, 88:

Ignacy Adam, being duly sworn, deposes and says:

ANDRE B. Ballard.

That he resides at 1840 Vyse Avenue, Bronx, N. Y., together with his wife, Amalya, and son, George.

Deponent states that he was born in Lwow, Poland, on February 16, 1913, that on information and belief his wife, Amalya (nee Alexander) was born in Austria, and his son, George, was born in Lodz, Poland, in 1946. Deponent further states that he and his wife, Amalya, were married in Lwow, Poland, in 1939.

Deponent states that from the time of his birth until 1931 he resided in Lwow, attending school in that city. In 1931 deponent went to Bratislava, Czechoslovakia, where he attended the University of Bratislava, Czechoslovakia, until 1933, at which time he went to Bologne, Italy. Deponent remained in Bologne, Italy, until 1937, when he received his M. D. in that city, completing his studies there.

Deponent states that he returned to the city of his birth, Lwow, Poland, in 1937 at the completion of his studies, working in various hospitals there until 1939 when war broke out. In 1943, after parents of both Mr. and Mrs. Adam, as well as all members of the families with the exception of two sisters of Mrs. Adam, had been exterminated, Dr. Adam obtained an aryan birth certificate, to enable his family to obtain the Kenn Karta, the identification issued by German authorities who were then in occupation of Lwow. With this Dr. Adam moved his family to Warsaw, Poland, where he remained until 1945, when the family moved to Lodz, Poland.

Deponent obtained work in the tuberculosis hospital until 1946 when he was moved to Camp Wegscheid in Linz, Austria. He obtained employment in the tuberculosis sanitorium in Salzburg during this period. Conditions in Camp Wegscheid were very poor, the child developed rickets, and was in very poor physical condition. Deponent hoped to improve his situation in Italy where he had received his M. D. degree.

Deponent went to Milan, Italy, with his family in 1947. He found that the practice of medicine in Italy was barred to him as it was restricted to natives of that country. He obtained employment with the Joint Distribution Committee as a clerk in the Immigration Bureau. In 1948 an order of the police was made in Milan, Italy, that all DP's must live in camp. The camps were overcrowded. A small space was offered to the family of the deponent to be shared with other families. Deponent knew that he could not engage in the practice of his profession, and was in fear of his child's becoming ill again. He learned that affidavits were obtainable through the Bulova Watch Co. Deponent obtained a German birth certificate through a party he met while in camp, and with the knowledge that he could obtain a visa if he had a German birth certificate he availed himself of the opportunity to emigrate to the United States.

Deponent states that within a few weeks after his arrival in the United States, he obtained an internship at Lebanon Hospital, Bronx, N. Y., until July 1948. At that time deponent obtained a residency in the Richmond Memorial Hospital in Staten Island, until March 1950. Since that time deponent states that he has been working in Parsons Hospital, Flushing, N. Y.

Deponent further states that he has been self-maintaining since his arrival in the United States. Deponent is a person of good moral character, devoted to democratic ideals and loyal to the American aims and principles.

The foregoing statements have been made by the deponent with knowledge that same will be relied upon in connection with Government action relating to the right of deponent to remain in the United States of America.

Sworn to before me this 15th day of June 1951.

Term expires March 30, 1953.

IGNACY ADAM.

HARRY COHEN,

Notary Public for the State of New York.

The committee, after consideration of all the facts in the case, is of the opinion that the bill (H. R. 707) should be enacted.

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JUNE 7 (legislative day, MAY 13), 1954.-Ordered to be printed

Mr. LANGER, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 758]

The Committee on the Judiciary, to which was referred the bill (H. R. 758) for the relief of Harry C. Barney, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass.

PURPOSE

The purpose of the proposed legislation is to relieve Harry C. Barney of all liability to refund to the United States $1,275, representing the aggregate amount paid to Mrs. Donald L. Tavener, his sister, as a class E allotment, for the period from October 1, 1943, to February 28, 1945, inclusive, through an error by the Department of the Army.

STATEMENT

Harry C. Barney, a sergeant in the United States Army, on August 1, 1943, authorized a deduction from his pay for a class E allotment to his sister, Mrs. D. L. Tavener, in the sum of $75 per month, to begin October 1, 1943.

On September 22, 1943, and before any payments were to be made. or were made to said sister, Sergeant Barney properly filed his written request that said allotment be canceled as of September 30, 1943.

The allotment was not canceled, although no deductions were ever made from the soldier's pay.

The sergeant advised his sister he had canceled the allotment and was unaware that the sister had received any payments until he returned from overseas. The sister was paid this class E allotment from October 1, 1943, to February 28, 1945, inclusive. The soldier never received a penny from these payments, which fact is admitted

by the Secretary of the Army-$1,275 was paid to Mrs. Tavener through error, which the soldier did not participate in, or was aware of. Repayment was demanded of Mrs. Tavener by letter, but she did not comply or respond to such demand.

On June 16, 1952, the Army Finance Center, St. Louis, wrote the former soldier about this error and stated that "funds erroneously paid by the Government retain the character of Federal funds and must be recovered regardless of errors on the part of agents making such payments," and demanded he pay the $1,275 promptly so it would not be necessary to refer the matter to the General Accounting Office for action. The passing of this bill would mean that Barney would be relieved from liability to refund this sum. It is amazing that any liability could arise against a soldier serving his country overseas and completely without knowledge an error had been made, and particularly when he had done everything possible to prevent such payments. The Secretary of the Army agrees that Barney should be relieved of liability.

Harry C. (Pete) Barney was born on the 25th day of September 1921, in the town of New Castle, Ind. There is no record of the birth at New Castle, but an affidavit to this effect was issued by the State board of health of Indiana, after testimony given by Mrs. E. E. Hale, an aunt of Mr. Barney and a check of the records of attending physicians.

The mother, Veronica Reed Barney, died in 1925, leaving 3 small boys and 1 girl. The father, Frank I. Barney, was unable to maintain a home for the children and they were placed with various relatives throughout the country. Harry C. Barney obtained his primary education at various elementary schools in the Midwest while living with relatives. The father, Frank Barney, died about 1935 although the exact date is not known by the family.

About 1936 Harry Barney went to live with relatives in Ellsworth, Maine, where he attended and graduated from the Ellsworth Public High School in 1940. His final 2 years of high school were completed while he was supporting himself and working as a boiler fireman.

He then returned to Indiana to attend Earlham College, Richmond, Ind., in 1941. Financial distress forced him to return to the east coast and in 1942 he attended Trinity College, Hartford, Conn. On November 7, 1942, he entered the Armed Forces and served 35 months here and overseas. For further information concerning the service of this man see the attached records.

In September 1943, this man authorized a class E allotment in the amount of $75 per month in favor of Mrs. Donald L. Tavener, his sister. The purpose of this allotment was for food and clothing for Mrs. Tavener and her infant child who had been abandoned by her husband. A brother, Walter Barney, died in 1936, and the remaining brother, Frank Barney Rivera, who had been adopted by an aunt, was killed on active duty with the Air Force in 1944, leaving Harry C. Barney as the only close relative.

Within 1 week of the authorization of the above allotment, Harry Barney received orders for duty overseas and immediately canceled the authorization for the allotment. The financial records show all these facts, including the cancellation, but despite this, the payments were made to the sister for a total of $1,275.

The veteran had no knowledge that his sister was being paid this allotment and upon his return to this country in February 1945, he received his first notice of the payments when his sister thanked him for the allotment. The veteran immediately notified the finance officer where he was stationed, the matter was checked and the payments stopped. At that time, the finance officer informed Mr. Barney that the matter was closed and he need not worry about it.

After his discharge, Mr. Barney completed his education at the University of Cincinnati, married a Cincinnati girl, and has obtained a good position with the Cincinnati Milling Machine Co., where he is considered an excellent employee. He has 1 child, a boy, who was 2 years old December 25, 1953.

His auto was purchased through the finance company and his wife's father advanced sufficient money to make a down payment on a $10,000 home, which money Mr. Barney is obligated to pay back on a 5-year note and mortgage.

Based on these facts, we sincerely believe that every effort should be made to relieve the veteran of this inequitable burden.

Attached hereto is the report of the Department of the Army and other data submitted in connection with this bill.

Hon. CHAUNCEY W. REED,

Chairman, Committee on the Judiciary,

DEPARTMENT OF THE ARMY,
Washington, D. C., July 20, 1953.

House of Representatives.

DEAR MR. REED: Reference is made to your letter enclosing a copy of H. R. 758, 83d Congress, a bill for the relief of Harry C. Barney, and requesting a report on the merits of the bill.

This bill provides as follows:

"That Harry C. Barney be, and he is hereby relieved of all liability to refund to the United States the sum of $1,295, representing the aggregate amount that was paid to Mrs. Donald L. Tavener, his sister, as a class E allotment, for the period from October 1, 1943, to February 28, 1945, inclusive, through an error by the Department of the Army."

The records of the Department of the Army show that Harry C. Barney was born at New Castle, Ind., on September 25, 1921; that on November 7, 1942, he enlisted as a private in the Army of the United States at Hartford, Conn.; that upon his induction into the Army there was assigned to him Army Service No. 11101925; and that he subsequently received advancements in grade until he reached the grade of staff sergeant.

On August 1, 1943, this soldier (then a sergeant) signed and filed with the proper Army authorities an authorization for the deduction from his pay of a class E allotment, in the amount of $75 per month, to be paid to his sister, Mrs. Donald L. Tavener, c/o Mrs. William Rivera, 33 Summit Road, Lexington, Mass., beginning on October 1, 1943. On September 22, 1943, Sergeant Barney filed with the proper Army authorities a request in writing that said allotment be canceled effective September 30, 1943. The allotment was not canceled as requested by Sergeant Barney, but no deductions were ever made from his pay on account of such allotment.

On May 27, 1944, Sergeant Barney was sent overseas for service in the European theater, and he returned to the United States on February 24, 1945. He was honorably discharged from the Army as a staff sergeant on October 19, 1945, by reason of general demobilization.

The aforementioned class E allotment was erroneously paid by the War Department to Mrs. Tavener for the period from October 1, 1943, to February 28, 1945, inclusive. It appears that checks in the amount of $75 per month were mailed by the Office of Dependency Benefits, War Department, to Mrs. Tavener, care of Mrs. William Rivera, 33 Summit Road, Lexington, Mass., for the period from October 1, 1943, through July 31, 1944. On July 15, 1944, the Office of

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