specialists. This situation keeps Mr. Hedmark constantly under heavy medical expense. The Comptroller General has informed the Department of the Air Force that he would not object to suspension of collection pending action on this bill. The Bureau of the Budget has no objection to the favorable report of the Air Force, hereto attached. Therefore this committee recommends that this bill be reported favorably. Hon. WILLIAM LANGER, DEPARTMENT OF THE AIR FORCE, Chairman, Committee on the Judiciary, United States Senate. DEAR MR. CHAIRMAN: I refer to your request for the views of the Department of the Air Force with respect to S. 2823, 83d Congress, a bill for the relief of Joseph H. Hedmark, Jr. The purpose of S. 2823 is to relieve Joseph H. Hedmark, Jr., an employee of the Air Force, of all liability to refund to the United States the sum of $1,023.73, representing overpayments of salary paid to him during the period of March 1951 through August 1953 as a result of an administrative error. The records of this Department show that Mr. Hedmark was appointed to the Mid Central Procurement District, Chicago, Ill, March 19, 1951, as aircraft materials and equipment inspector, GS-1899-8, $4,700 per annum, which at that time was the fifth step of grade GS-8. In connection with a review of Mr. Hedmark's personnel file made in June 1953 at the time of his promotion to GS-9, it was determined that an administrative error had been made in establishing $4,700 as the entrance salary for the GS-8 position. The highest salary previ ously received in Federal service by Mr. Hedmark was $3,773.40 in EO grade 10 in 1947 while employed by the Reconstruction Finance Corporation. Accordingly, under law and regulation, his salary at time of appointment to the Air Force should have been $4,200, the first step of GS-8. Corrective action was processed on June 19, 1953, retroactive to March 19, 1951. Information was furnished Mr. Hedmark concerning the error and the amount of the excess salary payments which had resulted and repayment was requested by the installation. Mr. Hedmark then submitted his case to the Comptroller General of the United States. In his decision B-116845, October 15, 1953, the Comptroller General established the amount of overpayment to be refunded as $1,023.73 and stated in part: "While this office recognizes that this overpayment was no fault of yours but rather, was due to an administrative error, nevertheless you alone received the benefit of the overpayment, and as there was no authority in the administrative office to make payment at that rate it is incumbent upon you to refund the illegal payment-it being a well-settled rule that the Government is liable only to the extent of authority given its agents and that unauthorized acts of such agents cannot estop the Government from asserting their invalidity. The General Accounting Office is without authority to waive refund of such illegal payment." In a letter to the commanding officer of the Mid Central Procurement District, dated November 12, 1953, the Comptroller General stated that he would not object to the suspension of the collection of the amount in question pending consideration of the bill for the relief of Joseph H. Hedmark, Jr., as introduced by Senator Paul H. Douglas. Inasmuch as the erroneous overpayment can be attributed to administrative error on the part of the Air Force installation, and inasmuch as there is no evidence of fraudulent intent on the part either of the administrative officer or the employee, Mr. Hedmark, and inasmuch as repayment of this relatively large amount would impose a severe hardship on Mr. Hedmark, the Department of the Air Force interposes no objection to the enactment of S. 2823, 83d Congress. The Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely yours, H. LEE WHITE, Assistant Secretary of the Air Force. Re Joseph H. Hedmark To Whom It May Concern: CHICAGO, ILL., August 20, 1953. I have been the family physician to the Joseph Hedmark family for the past 12 years, with the exception of a 31⁄2 year tour of duty in the United States Army. Mr. Hedmark has been under heavy medical expense for the last 2 years due to the following circumstances: A child was born to Mrs. Hedmark on October 11, 1950, with hospitalization from October 11 to 16, 1950, inclusive. Because of a femoral phlebophlebitis she was again hospitalized from October 31 to November 21, 1950. As a sequel to the treatment Mrs. Hedmark developed a hemorrhagic diathesis, with resultant anemia, and had to be rehospitalized for blood transfusions and other treatment from November 27, to December 3, 1950. Ambulatory treatment continued for some months. Unfortunately the infant was born with a bilateral paralysis of the vocal cords, necessitating an emergency tracheotomy on October 13, 1950. For expert, definitive treatment the child was transferred to the Children's Memorial Hospital where she remained until February 28, 1951. The child still has the tracheotomy and is under constant expensive medical care. As for the future, constant medical supervision is imperative, surgery is most likely and voice training via special schooling will no doubt be required to gain a properly adjusted, useful, self-sustaining, content and happy personality to which she is justly entitled. Respectfully, PAUL G. F. SCHMITT, M. D. UNITED STATES SENATE, COMMITTEE ON BANKING AND CURRENCY, Re S. 2823, Joseph H. Hedmark, Jr. Hon. WILLIAM LANGER, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. MY DEAR SENATOR LANGER: I am pleased to submit to your committee the attached information in support of S. 2823, for the relief of Joseph H. Hedmark, Jr. Mr. Hedmark was appointed March 19, 1951, as GS-8, salary $4,700 per annum, by Mid-Central Air Procurement District, Department of the Air Force. During the early summer of 1953 his 201 file was reviewed in connection with a salary increase he was scheduled to receive and it was discovered that the employing officer had erred in rating Mr. Hedmark at the time of his employment. He should have been appointed as GS-8 at a salary of $4,200 per annum. The error was made solely by the employing officer. Mr. Hedmark had no knowledge of it until it was discovered in 1953, nor was he at fault in any way. When the error was discovered, the Government had to proceed to collect the overpayment in the amount of $1,023.73. Mr. Hedmark just cannot repay the overpayment, because he is struggling financially as it is. He has 5 dependents; his youngest child has been ill with paralysis of the throat since birth and requires continual therapy and care by specialists, in addition to having been hospitalized for over 4 months. Mr. Hedmark cannot really keep up with the medical bills and if he were forced to repay the overpayment, it would have to come out of his retirement fund and he would lose his pension rights. This bill, to relieve Mr. Hedmark of his indebtedness of $1,023.73, is in my › opinion, a worthy measure and I sincerely hope your committee will favorably report Senate bill 2823 at an early date. With kindest regards, Sincerely yours, JUNE 9 (legislative day, MAY 13), 1954.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 2980] The Committee on the Judiciary, to which was referred the bill (S. 2980) conferring jurisdiction upon the United States District Court for the Southern District of New York to hear, determine, and render judgment upon a claim of the Bunker Hill Development Corp., 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 permit the claimant to file a suit in the United States District Court for the Southern District of New York pursuant to the provisions of the Federal Tort Claims Act for alleged damages sustained by the claimant as a result of the construction of Stewart Field, a United States Air Force base located at Newburgh, N. Y., during the years 1942-43. The bill, if enacted, would waive the statute of limitations, but no other defense of the Government, and would also permit any such civil action that may be commenced within 1 year after the date of enactment of this bill to be joined for trial with any pending action between the claimant and the United States relative to other damage alleged to have been suffered during the construction of said airfield. The claims of this corporation as to alleged damages suffered as a result of the constuction of the Stewart Air Force base have previously resulted in the enactment by Congress of two private laws, to wit, No. 599 of the 81st Congress and No. 785 of the 82d Congress, both of which conferred jurisdiction on the United States District Court for the Southern District of New York under the provisions of the Federal Tort Claims Act. Suits were filed pursuant to the authority granted in the above-referred-to private laws, after which it was discovered that certain items of damages alleged to have been sustained could not be pleaded under the special jurisdictional acts. The purpose of the bill now under consideration is to enable the claimant to join with the actions now pending additional claims for alleged damages. Details concerning this claim are set forth below in a letter from the Department of the Army dated November 18, 1947, addressed to the then chairman of the Committee on the Judiciary, House of Representatives. Further details concerning this claim may be found in Senate Report 1711, 82d Congress, 2d session, with respect to H. R. 4277. Hon. EARL C. MICHENER, DEPARTMENT OF THE ARMY, Washington, D. C., November 18, 1947. Chairman, Committee on the Judiciary, House of Representatives. DEAR MR. MICHENER: The Department of the Army is opposed to the enactment of H. R. 2837, 80th Congress, a bill for the relief of the Bunker Hill Development Corp. This bill would authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated to the Bunker Hill Development Corp., Newburgh, N. Y., the sum of $25,000 * * * in full settlement of all claims against the United States for losses sustained by such corpora tion as the result of damages to a golf course and club building owned by such corporation, such damages being caused by weed-laden-soil dust and cement dust blowing over such property during the years 1942 and 1943 from Stewart Field, a United States Army airfield located at Newburgh, N. Y. In 1933 the Newburgh Country Club Corp. acquired title to approximately 70 acres of land situated on the north side of Cochecton Turnpike, about 5 miles outside of the town of Newburgh, Orange County, N. Y. In 1940 the name of the corporation was changed to the Bunker Hill Development Corp. A nine-hole golf course was constructed on the land and in 1940 a clubhouse, which included a bar and restaurant, was erected. From 1940 to 1942, inclusive, the course was run as a private club with a membership of approximately 200. In the spring of 1943 the plan of operation was changed to that of a public golf course. In 1942 the United States Army began the construction of Stewart Field at West Point, N. Y., just across the turnpike from the property of the Bunker Hill Development Corp. The corporation contends that dust and weed seed, which the wind blew onto its property from Stewart Field during construction operations in 1942 and 1943 damaged its grounds and building and, in addition, resulted in a loss of business. It submitted a claim for $25,000 computed as follows: Estimate of cost of repairs to golf course. Total. $21, 425 615 2,960 25,000 With regard to the claim for damages to the golf course the claimant asserted that "the constant shifting down of excavated dust" was gradually destroying the greens and introducing weed growth. With regard to the claim for damages to the clubhouse the claimant asserted that the building had been "a showplace before the dust started, but has since deteriorated to a shadow of its former beauty"; and that the interior of the ground level had become so dirty as to be almost uninhabitable. And with regard to the claim for damages for loss of business the claimant asserted that the dust turned the greens and fairways white, making play uncomfortable with the result that business had dropped almost to zero and the business of the bar and restaurant had suffered commensurately. The construction of Stewart Field, an integral and important part of the war effort, involved the movement during 1942 and 1943 of approximately 11 million cubic yards of earth which was used as fill. Obviously, thousands of truckloads of dirt could not be moved into the Stewart Field reservation and dumped without |