HARRY FUCHS MAY 31, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. DENTON, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 4792 The Committee on the Judiciary, to whom was referred the bill (H. R. 4792) for the relief of Harry Fuchs, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to authorize the Comptroller General of the United States to adjust the claim of Harry Fuchs for refund of certain amounts paid for property purchased from the United States Marine Detachment, Tientsin, China, on or about December 5, 1941, but which property was never delivered to Mr. Fuchs by the Government, and to allow in full and final settlement of the claim the amount of not to exceed $859. STATEMENT OF FACTS This proposed legislation was submitted by the Comptroller General to the Speaker of the House of Representatives on June 10, 1948, and referred to the committee for consideration. However, no consideration was given the legislation before the adjournment of the Eightieth Congress, and it was reintroduced in this Congress. Your committee, after careful consideration, recommend enactment of this bill. A letter from the Comptroller General of the United States is as follows: The Congress: COMPTROLLER GENERAL OF THE UNITED STATES, Pursuant to the act of April 10, 1928 (45 Stat. 413), I have the honor to make the following report and recommendation concerning the claim of Harry Fuchs, a resident of Tientsin, China, for refund of certain amounts alleged to have been paid for property purchased from the United States Marine Detachment, Tientsin, China, on or about December 5, 1941, but which property was never delivered to Mr. Fuchs by the Government. It appears from the record that the following listed items were purchased and paid for by Mr. Fuchs at auction sales held on December 1 and December 5, 1941, at Tientsin, China: It appears further that all items with the exception of the truck and barracks and hospital equipment, valued at $859, were delivered to and removed by Mr. Fuchs at the time of sale, and that one of the conditions of the sale of the retained items was that said items would remain in the possession of the Government until such time as the Marines were evacuated from Tientsin, at which time the purchaser would be permitted to take delivery thereof. However, on December 8, 1941, prior to delivery thereof, the Japanese military authorities occupied the United States Marine barracks, thereby precluding delivery of the items not theretofore received by Mr. Fuchs. While Mr. Fuchs originally claimed the sum of $2,349 as representing the value of the total articles purchased by him and not delivered, he has been advised that there appears no basis, either legal or equitable for the favorable consideration of a claim in that amount or even in the amount of $1,282 shown to represent the total recorded purchases made by him. He has been advised further that. notwithstanding the apparent merits of his claim to the extent of $859, since the record fails to show the deposit of such sum or any part thereof in the Treasury of the United States, refund thereof, in the absence of an appropriation therefor by the Congress, legally is precluded by statutory law Mr. Fuchs now has expressed his willingness to accept the sum of $859 in full and final settlement of his claim with respect to the matter; and, in view of all the facts and circumstances present therein, his claim for that amount contains, in my judgment, such elements of equity as to be deserving of the consideration of the Congress. Accordingly, I recommend to the Congress that an appropriation in the amount of $859 be made for payment of the claim. If the Congress should agree with my recommendation in this matter, it is suggested that the enactment of a statute in substantially the following form will accomplish that purpose: "Be it enacted in the Senate and House of Representaties of the United States of America in Congress assembled, That the Comptroller General of the United States be, and he hereby is, authorized and directed to settle and adjust the claim of Harry Fuchs for refund of certain amounts paid for property purchased from the United States Marine Detachment, Tientsin, China, on or about December 5, 1941, but which property was never delivered to Mr. Fuchs by the Government and to allow in full and final settlement of the claim the amount of not to exceed $859. There is hereby appropriated the sum of $859, or so much thereof as may be necessary for the payment of the said claim." Respectfully, LINDSAY WARREN, Comptroller General of the United States. ROBERT A. ATLAS MAY 31, 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. 4807] The Committee on the Judiciary, to whom was referred the bill (H. R. 4807) for the relief of Robert A. Atlas, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. An identical bill was favorably reported by the committee and passed the House in the Eightieth Congress, but no action taken by the Senate before adjournment. The facts will be found fully set forth in House Report No. 2286, Eightieth Congress, second session, which is appended hereto and made a part of this report. Your committee recommend favorable consideration to the bill. H. Rept. No. 2286, 80th Cong., 2d sess. The purpose of the proposed legislation is to pay the sum of $615 to Robert A. Atlas, of Minneapolis, Minn., in full settlement of all claims against the United States for services rendered to the War Department during February and March 1946, when he served as civilian optometrist at Fort Snelling, Minn. STATEMENT OF FACTS It appears that the services of an optometrist were needed at Fort Snelling. Minn., during the early part of 1946, in connection with the examination of applicants for enlistment in the United States Army; that the chief medical officer at Fort Snelling requested and obtained permission from the office of the surgeon, Seventh Service Command, Omaha, Nebr., by telephone, to employ Robert A. Atlas, an optometrist of Minneapolis, Minn.; that the authorization for such employment was later confirmed in writing; and that Mr. Atlas entered upon duty at Fort Snelling as an optometrist and engaged in such work at that station during the period from February 7, 1946, to March 26, 1946. No formal contract of employment was executed by Mr. Atlas, and it was subsequently determined by the Comptroller General that he was "not appointed in accordance with the prescribed civil-service rules and regulations" and that there was no statutory authority to pay for the services rendered by him (decision of the Comptroller General, October 9, 1947, B-69143). The commanding general, Fifth Army, Chicago, Ill., after an investigation of the employment of Robert A. Atlas at Fort Snelling and of his claim in the amount of $615, advised the Department of the Army on March 8, 1948: * that the claim of Dr. Robert A. Atlas is meritorious, and that it appears that all parties concerned, including the claimant, acted in good faith and that the Government did actually receive the benefit of his services." The Secretary of the Army in his report dated June 4, 1948, states: "It is the view of the Department of the Army that this claimant is justly and equitably entitled to be paid for important services rendered by him to the United States Army during the period from February 7, 1946, to March 26, 1946, and that the amount of the proposed award stated in H. R. 4601 is fair and reasonable. The Department, therefore, has no objection to the enactment of this bill." Therefore, your committee concur in the recommendation of the Secretary, and recommend favorable consideration to the bill. Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, DEPARTMENT OF THE ARMY, House of Representatives. DEAR MR. MICHENER: The Department of the Army has no objection to the enactment of H. R. 4601, Eightieth Congress, a bill for the relief of Robert A. Atlas. * This bill would authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, to Robert A. Atlas, of Minneapolis, Minnesota, the sum of $615 * * in full settlement of all claims of the said Robert A. Atlas against the United States for services rendered to the War Department during February and March 1946, when he served as civilian optometrist at Fort Snelling, Minnesota. It appears that the services of an optometrist were needed at Fort Snelling, Minn., during the early part of 1946, in connection with the examination of applicants for enlistment in the United States Army; that the chief medical officer at Fortelling requested and obtained permission from the office of the surgeon, Seventh Service Command, Omaha, Nebr., by telephone, to employ Robert A. Atlas, an optometrist of Minneapolis, Minn.; that the authorization for such employment was later confirmed in writing; and that Mr. Atlas entered upon duty at Fort Snelling as an optometrist and engaged in such work at that station during the period from February 7, 1946, to March 26, 1946. No formal contract of employment was executed by Mr. Atlas, and it was subsequently determined by the Comptroller General that he was "not appointed in accordance with the prescribed civil-service rules and regulations" and that there was no statutory authority to pay him for the services rendered by him (decision of the Comptroller General, October 9, 1947, B-69143). The commanding general, Fifth Army, Chicago, Ill., after an investigation of the employment of Robert A. Atlas at Fort Snelling and of his claim in the amount of $615, advised the Department of the Army on March 8, 1948: * * that the claim of Dr. Robert A. Atlas is meritorious, and that it appears that all parties concerned, including the claimant, acted in good faith and that the Government did actually receive the benefit of his services." It is the view of the Department of the Army that this claimant is justly and equitably entitled to be paid for important services rendered by him to the United States Army during the period from February 7, 1946, to March 26, 1946, and that the amount of the proposed award stated in H. R. 4601 is fair and reasonable. The Department, therefore, has no objection to the enactment of this bill. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, KENNETH C. ROYALL, STATE OF MINNESOTA, AFFIDAVIT OF ROBERT A. ATLAS County of Hennepin, ss: Robert A. Atlas, being first duly sworn, upon oath deposes and states that he is the claimant in the matter of a House bill No. 4601 in the amount of $615. Your affiant further states that he was inducted into the services of the United States Army in August of 1942 and was assigned to the Fort Snelling Induction Center as an optometrist; that your affiant served in such capacity until his discharge on February 5, 1946. Your affiant further states that prior to his discharge your affiant's then commanding officer, Maj. H. Shapiro, requested that your affiant stay on after the discharge as civilian optometrist at the induction center; that considerable discussion followed concerning this matter and concerning the matter of salary to be paid, and prior to the discharge, an authority was received from the Seventh Service Command at Omaha, Nebr., authorizing the employment of your affiant as civilian optometrist at a salary of $15 per day, until termination. Your affiant further states that he started in such work on February 6, 1946, and that he worked continuously until March 26, 1946, inclusive, except for Sundays; that no pay was received by your affiant for said period; that on March 27, 1946, your affiant received notice from the finance office at Fort Snelling that there was no money available with which to pay him, and for this reason the said finance office suggested that your affiant terminate his employment, which your affiant did. Your affiant further states that the work performed by him was done pursuant to agreement and pursuant to the request of the commanding officer of the induction center; your affiant further states that your affiant has contacted the former commanding officer, Maj. H. Shapiro, and that the said Maj. H. Shapiro has stated that an authority did come through from Lieutenant Colonel Badger of the Seventh Service Command at Omaha, Nebr., authorizing the employment of your affiant at the rate stated. Your affiant further states that attached hereto is a copy of a certificate made by Col. Harry J. Keeley, who was commanding officer of the fort during the period involved in the claim of your affiant; your affiant further states that also attached hereto are affidavits of other persons acquainted with the fact situation involved. Your affiant further states that he makes this affidavit in support of his claim for compensation in the amount of ($615) against the United States, for services rendered to the War Department during the months of February and March of 1946, as civilian optometrist at Fort Snelling, Minn. Further affiant sayeth not. ROBERT A. ATLAS. Subscribed and sworn to before me this 2d day of February 1948. [SEAL] My commission expires February 3, 1953. R. S. FORSYTHE, Notary Public. HEADQUARTERS, UNITED STATES ARMY FORCES WESTERN PACIFIC WAR CRIMES TRIALS APO 75 To Whom It May Concern: MANILA, P. I., February 28, 1947. I certify that I, the undersigned, was commanding officer of Fort Snelling, Minn., from May 13, 1941, to October 14, 1946. During the above period I recall that one Robert A. Atlas was employed as a civilian optometrist in the induction station for a certain length of time. Maj. Harry Shapiro, Medical Corps, in charge of the induction station, reported to me that he had received authority from Headquarters, Seventh Service Command, to employ Mr. Atlas, but after several weeks it was discovered that funds to pay him were not available. I recall that Mr. Atlas was advised to present a claim for about $600. HARRY J. KEELEY, Colonel, Infantry. |