BUNKER HILL DEVELOPMENT CORP. 3 some dust being blown onto adjacent property. While this is invariably incidental to construction operations, continuous and systematic care and precautions were taken to reduce the extent and effect of the dust condition; and such care and precautions were successful in controlling the dust insofar as it is possible to control it. Water wagons were used continuously and the surface was covered with paving topsoil, and grass seed as rapidly as possible. In the opinion of a qualified officer of the Corps of Engineers, who was familiar with this construction job the dust conditions were such as to be normally expected in any large construction undertaking and could not be called either unusual or severe. The golf course was examined by a War Department investigator during the 1944 season and it was reported that, at that time, the tees, greens, and fairways appeared to be in good condition and no excessive amount of weeds was apparent. In the course of an investigation of the claim, made in 1945, the golf course was carefully examined by Mr. Edgar J. Hunter, an agronomist, who made the following report: "There is no indication that soil or cement dust originating from Stewart Field caused mechanical injury to the turf existing on any part of the golf course. Golf greens normally receive intensive maintenance which includes occasional topdressing of the grass surface with soil or an admixture of soil, seed, and fertilizer. Therefore, the addition of soil dust would not cause injury to turf unless sustained in a layer sufficiently heavy to exclude sunlight from the grass blades and air from the grass roots. This described condition did not occur at the Bunker Hill A careful examination of the physical condition of the soil Corp. golf course. failed to disclose the presence of cement dust, which if sustained in sufficient quantity to be harmful to the grass plants would have been noticeable. "There exists over approximately two-thirds of the golf course fairways which are approximately 60 acres in extent, a heavy infestation of dandelion and to a lesser extent an infestation of hawkweed. Land immediately adjacent to the golf course, vegetated with weedy growth, contains no dandelion weeds but hawkweed is present to a moderate extent. It was also noted no dandelions or hawkweed exist at the portion of Stewart Field alleged to be responsible for the weed infestation. The soil used to fill this area at Stewart Field is of subsoil quality and it is considered that the weed seed content would therefore be minor and possibly completely absent. "Dandelion seed is distributed principally by the wind and can be so borne for great distances. In view of the absence of dandelion weeds at Stewart Field and the possibility that the source of the infestation could be from an area several miles removed from the site, it is not considered that the allegation of weed infestation from Stewart Field is justified. The absence of dandelions in bordering property vegetated with weedy growth is attributed to the fact that these areas are not mowed and the shade provided by plants, two or more feet in height, shade the soil to an extent that is unfavorable to the establishment of dandelions. In this connection it is noted that dandelions are usually found on mowed areas, thereby establishing the point that when dandelions are indigenous to the locale such areas are susceptible to the infestation unless maintained in vigorous condition. In regard to the lesser infestation of hawkweed, this plant was found in profusion growing on property bordering the golf course to the west. Hawkweed seed is distributed by the wind as is dandelion seed. Infor"It is considered that the weed infestation and alleged deterioration of the turfed areas is primarily due to lack of nitrogenous fertilizer application. mation obtained from Mr. Nerz provides that no fertilization of the turfed areas In the fall of 1944, 3 tons of 2-10-4 was made during 1941, 1942, and 1943. mixed goods were applied. On the basis of 60 acres of turf this application would Usual application varies from 20 to supply only 2 pounds of nitrogen per acre. In this connection, it is noted that phosphoric 40 pounds of nitrogen per acre. acid and potash expressed by the last two figures of the 2-10-4 formula, respectively, are relatively unimportant in the maintenance of a fescue and bent turf. Due to the critical nature of nitrogen expressed by the first figure of the formula the War Production Board prohibited the sale of nitrogenous fertilizers to golf courses during 1941, 1942, and 1943. The claimant's inability to secure this essential plant food and reported inability to obtain competent labor to provide timely and proper maintenance during the years 1941, 1942, and 1943 are considered to be the principal factors which have resulted in the infestation of dandelion and hawkweed and caused the apparent deterioration of the turf existing on the greens, tees, and fairways. It is reasonable to expect that a few dandelions and hawkweeds existed on the golf course prior to construction of Stewart Field. These weeds will spread rapidly unless weed-control measures are provided. From information obtained from Mr. Nerz no control has been performed. "It is considered that dust originating from Stewart Field could have hampered performance of mowing operations. This factor would have been detrimental to the golf greens, comprised principally of bent grass which is tolerant of close mowing. However the fescue and bluegrass existing in the fairways would have benefited by the cessation of mowing operations except if permitted to go to seed. "In summation it is considered that dust or other foreign matter blown on to the golf course of the Bunker Hill Corp., did not mechanically injure the turf. It is further considered that the infestation of dandelion and weeds did not originate at Stewart Field." The foregoing statement by a specialist in field crop production and soil management clearly discloses that the present condition of the fairways and greens on the claimant's golf course may be attributed solely to wartime shortages of labor and material which made proper maintenance and upkeep of all golf courses an extremely difficult proposition. The portion of the claim relating to the building consists exclusively of such items as washing, painting, and varnishing. The clubhouse was built in 1940 and admittedly still has the original coat of paint, both interior and exterior. When examined in 1945 there was no physical damage visible, nor is such damage claimed, and the building showed only the normal ravages of time. Even disregarding the question of legal liability, it does not appear that the clubhouse has sustained any damage which would entitle the Bunker Hill Development Corp. to compensation. Finally, claim is made for $2,960 for loss of business with the statement that this is not intended to be actual loss, but only a "gesture." It is doubtful whether in attributing the alleged loss of business to dust, the claimant has taken into consideration the fact that the increased tempo of life during the war years left most people little time for golf; and, even more important, that gasoline rationing left them little surplus fuel for trips out of town to a golf course-not to overlook the fact that many people refrained from playing golf during the period of hostilities for patriotic reasons in order to conserve the national supply of gasoline. It is the opinion of the Department of the Army that the dust caused by the movement of earth during the construction of Stewart Field was entirely normal to any major construction job and that the Bunker Hill Development Corp. did not suffer any damage as a result thereof. Accordingly, the Department recommends that this bill be not favorably considered. The Bureau of the Budget advises that there is no objection to the submission of this report. 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. 384] The Committee on the Judiciary, to which was referred the bill (S. 384) for the relief of Robert H. Webster, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. AMENDMENT On page 1, line 11, following the word "Act", strike the words "in excess of 10 per centum thereof". PURPOSE The purpose of the proposed legislation, as amended, is to authorize and direct the Secretary of the Treasury to pay to Robert H. Webster, a money-order clerk in the Moscow, Idaho, post office, the sum of $100, representing an amount refunded to the United States by Mr. Webster because of the loss of a money order on May 22, 1952. STATEMENT On May 22, 1952, while Mr. Webster was conducting a civil-service examination, a money order for $100 was presented to his relief, Mr. Norman L. Johnson, for payment. Clerk Johnson did not have sufficient funds on hand at the time the money order was presented for payment, and was given the amount necessary by the acting postmaster from certain trust funds. The acting postmaster placed the paid money order with the trust funds, and when Mr. Webster returned, was reimbursed from Clerk Webster's money-order funds. What happened to the paid money order, after it was turned over to Clerk Webster, is not known. However, it appears that it may have fallen in a trash basket and was burned with the trash. It further appears that Clerk Webster was "in a hurry to terminate his tour of duty on May 22" and did not note that his account was short $100 when he checked his account that date. The shortage was not discovered until the close of business on May 23, 1952. Clerk Webster paid the shortage at the time it was discovered. In a letter addressed to the sponsor of the bill, Mr. Webster stated: I realize that this loss was caused by my carelessness and negligence but during my 11 years in the postal service I have tried conscientiously to do my work to the best of my ability. I just can't explain why this happened, but it did. It looks to me like I should get this $100 back for the simple reason that the amount means nothing to the Department and an awful lot to me, but there are other reasons. The issuing office of this office will be credited with the $100 some day when it is not paid and the Department will not even offer to help find it. A notice could be put in the Postal Bulletin for all postmasters to be on the lookout for a $100 outstanding money order, payable at Moscow, Idaho, when they receive their list of outstanding money orders from the regional accounting office. In the past years I have seen the Postal Bulletin used for a lot less important announcements. The assistant postmaster here recalls one instance several years ago when a notice was put in for postmasters to search their United States savings bonds to see if they had a certain $25 bond that was lost in the Department. In the light of these facts and circumstances, the committee reccommends favorable consideration of the bill, as amended. Attached hereto for the information of the Senate is a letter from the Postmaster General dated March 3, 1953. Hon. WILLIAM P. ROGERS, OFFICE OF THE POSTMASTER GENERAL, Deputy Attorney General, Department of Justice. DEAR MR. ROGERS: Reference is made to your request for an expression of my views with respect to S. 384, which would authorize the Secretary of the Treasury to reimburse Robert H. Webster, a money-order clerk at Moscow, Idaho, in the amount of $100 which Mr. Webster was required to pay to the Government on account of a shortage in his money-order account. From the investigation made in this case it appears that on May 22, 1952, while Mr. Webster was conducting a civil-service examination, a money order for $100 was presented to his relief, Mr. Norman L. Johnson, for payment. Clerk Johnson did not have sufficient funds on hand at the time the money order was presented for payment, and was given the amount necessary by the acting postmaster from certain trust funds. The acting postmaster placed the paid money order with the trust funds, and when Mr. Webster returned, was reimbursed from Clerk Webster's money-order funds. What happened to the paid money order, after it was turned over to Clerk Webster, is not known. However, it appears that it may have fallen in a trash basket and was burned with the trash. It further appears that Clerk Webster was "in a hurry to termi nate his tour of duty on May 22" and did not note that his account was short $100 when he checked his account that date. The shortage was not discovered until the close of business on May 23, 1952. Clerk Webster paid the shortage at the time it was discovered. On the basis of the foregoing facts, this Department determined that it could not lawfully relieve Mr. Wesbter because the loss resulted from his negligence. It would appear, therefore, that it is a matter which rests entirely within the discretion of the Congress as to whether this measure should be enacted into law. Sincerely yours, ARTHUR E. Summerfield, 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. 1216] The Committee on the Judiciary, to which was referred the bill (S. 1216) for the relief of Karl L. von Schlieder, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. AMENDMENT Page 2, line 4, strike out all of section 2. PURPOSE The purpose of the proposed legislation is to relieve Karl L. von Schlieder of all indebtedness to the United States which accrued during the period from July 1, 1947, to January 1, 1953, by reason of the failure on the part of the Veterans' Administration and the Air Force Finance Center, Denver, Colo., to reduce the said Karl L. von Schlieder's retirement pay pursuant to section 212 of the act of June 30, 1932, as amended (47 Stat. 406; 5 U. S. C. 59a). STATEMENT The records of the Department of the Air Force show that Karl L. von Schlieder was retired as a first lieutenant on October 26, 1943, for reasons of physical disability. Lieutenant von Schlieder accepted employment as post librarian, Fitzsimons Army Hospital, Denver, Colo., on July 1, 1947, with his compensation therefor paid from the hospital central post fund (nonappropriated). His present salary as post librarian is $3,600 per annum. 58003°-55 S. Repts., 83-2, vol. 387 |