COMMITTEE ON THE JUDICIARY EIGHTY-FOURTH CONGRESS FIRST SESSION ON H. R. 4045 TO PROVIDE FOR SETTLEMENT OF CLAIMS FOR DAMAGES 78228 MAY 11 AND JUNE 8, 1955 Printed for the use of the Committee on the Judiciary Serial No. 23 UNITED STATES WASHINGTON: 1956 1 Mr. Hyde served as a member of the special subcommittee which made an investigation II CONTENTS Page Bryan, Austin Y., Jr., attorney, Esperson Building, Houston, Tex. 40, 118 Burger, Hon. Warren E., Assistant Attorney General, Department of Daniel, Hon. Price, United States Senator from the State of Texas- 24 137 Leachman, Neth L., attorney, Dallas, Tex-- Liftin, Morton, attorney, Department of Justice. Markwell, Russel H., attorney, Markwell, Stubbs & Decker, Galves- Robinson, T. R., county judge, Galveston County, Tex.. Thompson, Hon. Clark W., Representative in Congress from the 29, 126 Bryan, Austin Y., Jr., reply to supplementary statement of the Burger, Warren E., Assistant Attorney General, Department of Justice, letter, May 19, 1955, to Hon. Thomas J. Lane, subcom- Connally, Ben C., United States district judge, Houston, Tex., letter, Department of the Army report dated May 10, 1955. Letter, June 16, 1955, to Hon. Thomas J. Lane_ Federal Bureau of Investigation, memorandum re statutory relief for Texas City disaster victims. - Justice, Department of, supplementary statement on S. 1077 and Liberty Mutual Insurance Co., memorandum re Texas City Disaster Library of Congress, American Law Section: Memorandum on the validity of legislation vesting in the Federal district courts in Texas jurisdiction to determine the measure of damages owed to claimants suffering injuries in the Texas City, Memorandum in support of contention that insurance companies who had paid persons suffering property losses arising out of the Texas City, Tex., disaster will not be entitled to recover from such persons any part of moneys distributed to them under an act of Congress enacted subsequently to the judicial rejection of claims filed by such persons under the Federal Tort Claims Report of the special subcommittee of the Committee on the Judiciary appointed to investigate the claims arising out of the Texas City 77 04/95 186 14 230 230 130 Statement of limitations for damages for death... Stevens, Hon. Robert T., Secretary of the Army, letter, May 9, 1955, TEXAS CITY CLAIMS ACT WEDNESDAY, MAY 11, 1955 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 2 OF THE JUDICIARY COMMITTEE, Washington, D. C. The subcommittee met, pursuant to notice, at 10 a. m. in room 346, Old House Office Building, the Honorable Thomas J. Lane, chairman of the subcommittee, presiding. Present: The Honorable Messrs. Thomas J. Lane, E. L. Forrester, Harold D. Donohue, Charles A. Boyle, William E. Miller of New York, and Usher L. Burdick. Also present: Cyril F. Brickfield, counsel, Walter R. Lee, legislative assistant. Mr. LANE. The subcommittee will be kind enough to come to order. This committee has under consideration this morning H. R. 4045 filed by Mr. Thompson of Texas, a bill to provide for settlement of claims for damages resulting from the disaster which occurred at Texas City, Tex., on April 16 and 17, 1947. (H. R. 4045 is as follows:) [H. R. 4045, 84th Cong., 1st sess.] A BILL To provide for settlement of claims for damages resulting from the disaster which occurred at Texas City, Texas, on April 16 and 17, 1947 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Texas City Claims Act". SEC. 2. (a) There is hereby established a commission to be known as the Texas City Claims Commission (referred to in this Act as the "Commission"), which shall be composed of three members to be appointed by the President. The President shall designate the member of the Commission who shall be the chairman thereof. (b) Two members of the Commission shall constitute a quorum. (c) The members of the Commission shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other expenses incurred by them in the performance of such duties. (d) The Commission shall have the power, without regard to the provisions of the civil-service laws and the Classification Act of 1949, as amended, to appoint and fix the compensation of such personnel as it deems necessary for the purposes of the performance of its duties, and the appropriations therefor are hereby authorized. (e) Service of an individual as a member of the Commission or employment of an individual by the Commission shall not be considered to be service or employment bringing such individual within the provisions of sections 281, 283, 284, 434, or 1914 of title 18 of the United States Code, or section 190 of the Revised Statutes (5 U. S. C. 99). SEC. 3. (a) The Commission shall receive, investigate, and allow claims against the United States for damages sustained by individuals, firms, companies, associations, and corporations as a result of the disaster at Texas City, Texas, on 1 |