ERNEST J. JENKINS AUGUST 17, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. LANE, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 377] The Committee on the Judiciary, to whom was referred the bill (S. 377) for the relief of Ernest J. Jenkins, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The facts will be found fully set forth in Senate Report No. 521, Eighty-first Congress, which is appended hereto and made a part of this report. Your committee concur in the recommendation of the Senate. 8. Rept. No. 521, 81st Cong., 1st sess.] The purpose of the proposed legislation is to authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, to Ernest J. Jenkins, of Brunswick, Ga., the sum of $21,600, in full satisfaction of his claim against the United States for compensation for loss of earnings and for expenses incurred as a result of personal injuries sustained in an airplane crash on October 8, 1942, while on active duty with the Civil Air Patrol, Sixth Task Force, at St. Simons Island, Ga. STATEMENT All Members of Congress will recall the early days of the recent war when the submarines were taking such a terrific toll of shipping off our eastern coast. In order to combat this menace the civilian pilots of the United States were organized into what was known as the Civil Air Patrol. To the civilian members of this organization was given the terrific responsibility of patrolling our shores in order to search for submarines and alert the pitifully few military forces available so that they could seek out and destroy this menace where located. The aircraft used by these civilians was privately owned and operated and in almost every case was never intended for the purpose to which it was put. Because of the extreme urgency of the situation, where possible, these private planes were equipped with bombs. Because of the extreme need for these pilots many of them were not permitted to volunteer for service in the armed forces, and they were granted mandatory draft deferments. They sacrificed all of their free time and many of them sacrificed the hours that they would have ordinarily devoted to their businesses in order to fly these patrols. The service performed by these men for their country in its most critical hour could easily be described in the words of Mr. Churchill: "Never in the field of human conflict was so much owed by so many to so few." One of the pilots engaged in this activity was Ernest J. Jenkins, of Brunswick, Ga. On October 8, 1942, at 6:55 a. m., while taking off on a patrol with a plane loaded, by means of makeshift bomb racks, with bombs for possible use on his patrol, he crashed from an altitude of 300 feet. On January 7, 1943, Mr. Jenkins' injuries were described as follows: "1. Dislocation of the hip, right. "2. Fracture of the head of the femur, markedly displaced, right. "3. Fracture, midshaft of the femur, right. "4. Fracture neck of the astragalus, It. "5. Multiple fracture of the pelvis. "6. Paralysis, partial, sciatic nerve, right (foot drop). "7. Shock." Not expected to live at the time of the accident, Mr. Jenkins has spent practically all the intervening 7 years in various hospitals operated by the Government. It is a great tribute to the skill of the doctors who have attended him that he now appears to be able to face the problem of earning a livelihood for himself and family. Mr. Jenkins has received some benefits under an act of Congress which established the "civilian war benefits program." That is to say, during the course of the 7 years he has been paid $3,358.92, over varying periods, at the rate of $85 per month. The amount of medical expense paid on his behalf is $7,479.82. This latter item is sufficient indication of the nature and extent of Mr. Jenkins' injuries when it is noted that the vast majority of his hospitalization took place in Army hospitals. For the above reasons the committee has no hesitation in favorably recommending the enactment of this bill. Mr. Jenkins has stated in a letter addressed to the sponsor of this bill, dated March 5, 1947: “Before the war I averaged between $300 and $400 a month." The committee believe that on this basis, an award of $15,600 for loss of earnings, plus $6,000 for pain and suffering, would in some measure compensate Mr. Jenkins. The Department of the Army, with whom the Department of Justice concurs, is opposed to enactment of this bill on the theory that it would be discriminatory in that it would have the effect of granting a benefit to Mr. Jenkins that is denied to other former members of the Civil Air Patrol who sustained injuries during the course of their service. The committee indeed agree with this statement but point out that in granting the relief requested on behalf of Mr. Jenkins, it is simply carrying out the intent previously expressed by Congress in enacting legislation which provided for the civilian war benefits program. Certainly, Congress could not be expected to foresee the terrible tragedy that has befallen Mr. Jenkins, and if there are any other cases of this type it is to be hoped that they will be brought to the attention of Congress as quickly as possible so that any charge of discrimination that may be leveled at Congress can be quickly and adequately disposed of. Certainly the War Department has hitherto displayed no hesitation in bringing to the attention of Congress measures which would compensate its own personnel for both personal injuries and property damage suffered by them as an incident to their activities in the recent war. Attached hereto are letters received from the Department of the Army and the Department of Justice, in connection with a similar bill of the Eightieth Congress. The honorable the ATTORNEY GENERAL, DEPARTMENT OF THE ARMY, Washington, D. C. DEAR MR. ATTORNEY GENERAL: Reference is made to your letter with which you enclosed a copy of S. 1533, Eightieth Congress, a bill for the relief of Ernest J. Jenkins. You state that the Senate Committee on the Judiciary has requested the Department of Justice to submit a report on this bill and has advised that if reports are necessary from other sources they will be secured by your Department and submitted along with your report to the committee. You, therefore, request the comments of this Department on S. 1533. This bill would authorize and direct the Secretary of the Treasury "to pay, out of any money in the Treasury not otherwise appropriated, to Ernest J. Jenkins, of Brunswick, Georgia, the sum of $21,600, in full satisfaction of his claim against the United States for compensation for loss of earnings and for expenses incurred as a result of personal injuries sustained in an airplane crash on October 8, 1942, while on active duty with the Civil Air Patrol, Sixth Task Force, at Saint Simons Island, Georgia.' It appears that Ernest J. Jenkins, a pilot of the Civil Air Patrol (Coastal Patrol No. 6, Office of Civilian Defense) sustained personal injuries on October 8, 1942, at 6:55 a. m., when his plane crashed on take-off at Malcom McKinnon Airport, St. Simons Island, Ga. It appears that Mr. Jenkins first obtained medical treatment from Dr. T. V. Willis, of Brunswick, Ga., and was later transferred to the Piedmont Hospital, Atlanta, Ga., and placed under the care of Dr. Calvin Sandison of that city. In a statement to the United States Employees' Compensation Commission (now Bureau of Employees' Compensation, Federal Security Agency), dated January 7, 1943, Dr. Sandison described Mr. Jenkins' injuries as follows: "1. Dislocation of the hip, right. "2. Fracture of the head of the femur, markedly displaced, right. "3. Fracture, midshaft of the femur, right. "4. Fracture neck of the astragalus, left. "5. Multiple fracture of the pelvis. "6. Paralysis, partial, sciatic nerve, right (foot drop). "7. Shock." In a letter, dated December 20, 1946, addressed to John Gilbert, Esq., Newcastle Street, Brunswick, Ga., Mr. Jenkins said: "When World War II started, I was a pilot and a member of the Civil Air Patrol. At this particular time there was an urgent need for pilots and planes. Under Army supervision, we used civilian planes and demolition bombs to look for submarines off the coast of Georgia. At this same period I was in business in Brunswick, Ga., but due to the submarine menace we had to devote all of our time to the CAP. For this work we only received subsistence. "On October 8, 1942, my plane cracked up on the take-off. In injuries I received 10 broken bones from my waist down and a punctured bladder. My face has two bad scars, and I received many other scars and bruises. "Not expected to live, I was first taken to the city hospital in Brunswick, Ga. Staying there for several weeks, they were not able to do anything for me, I was then taken to Piedmont Hospital in Atlanta, Ga. After several operations I was again transferred to Walter Reed Hospital in Washington, D. C. After undergoing another operation, and spending several months, I was then sent to Lawson General in Atlanta for physiotherapy and convalescing. After my discharge from Lawson General, I went back to Washington and worked as a statistician for the United States Public Health Service, Division of Nurse Education. In about 3 months, my legs started troubling me again. I rested a few weeks, then went to work in the housing and transportation office for the Bell Aircraft Corp. in Marietta, Ga. While working there, I had to have a small operation on my left ankle. When the war ended, Bell Aircraft closed down. Thinking of my legs and trying to find a better climate, I went to work again as a bookkeeper and credit manager for a tire distributor in southern California, as my legs seemed to improve. All of my positions were in offices where I [did] not have to do any walking. After working for a short period, my legs started giving me more trouble, therefore, I was forced to return to Piedmont Hospital. After X-rays were taken, we found that the bone in my left ankle had died and that the metal in my right hip must be removed and replaced with new metal. I have just undergone two operations and have been convalescing for a few weeks. After 6 weeks I returned to Atlanta for my examination, and the doctor told me I must have two more operations, after the first of the vear. "I am still on crutches and, because having been on them since my first release from the hospital and having to return to the hospital so often, I have been unable to stay in any one place for any length of time, this has made it very difficult for me to accomplish anything. "And for the past 4 years, having to pay most of my traveling expenses and my wife's expenses also, plus living expenses and even though we have worked at short intervals, I have had to sell my place of business, my living quarters, and my automobile; in fact I've had to sell practically everything I own, and now I am completely out of funds. "Since my accident I have received hospitalization and $85 a month in compensation. However, I haven't received anything recently and I received a letter saying this can be cut off at any time." The Director of the Bureau of Employees' Compensation, Federal Security Agency, in a letter to the Department of the Army, dated January 23, 1948, said: "The amount of temporary assistance paid under the civilian war benefits program to Mr. Jenkins from the date of his accident to December 31, 1947, is $3,358.92. The amount of medical expense paid to date is $7,479.82. The aggregate amount paid to date in this case is $10,838.74. Persons who were given temporary assistance under the program have no statutory or other right to the indefinite continuation of benefits for any extended disability. Congress has provided funds to supplement those allocated from the emergency fund of the President only until the termination of the current fiscal year at which time the program will cease, unless legislation should be enacted by Congress which will have the effect of continuing the program until its complete liquidation. The current authority to pay benefits is contained in Public Law 165. Eightieth Congress, first session. * * the Bureau is presently endeavoring to ascertain the extent of Mr. Jenkins' disability with the view of determining the amount of future benefits, if any, to which he may be entitled. Such payments will, of course, depend upon the extent of disability shown and the beneficiary's ability to earn wages, as well as upon the continuance of authority to pay benefits. "The proposed measure, if enacted, would apparently constitute a direct grant of $21,600 to Mr. Jenkins 'in full satisfaction of his claim against the United States for compensation for loss of earnings and for expenses incurred as the result of personal injuries sustained in an airplane crash on October 8, 1942, while on active duty with the Civil Air Patrol, Sixth Task Force, at St. Simons Island, Ga.' upon a legislative determination of his right thereto. The bill would not impose any duty upon this Bureau in connection with the case. It may be inferred that the reference to full satisfaction of his claim against the United States for loss of earnings and for expenses is intended to extinguish further right to assistance under the civilian war benefits program. "While I cannot advise you what recommendation the Agency may make upon the measure, if requested to comment upon the bill (S. 1533) I should be inclined to recommend against its enactment because it is discriminatory in that it would provide for a lump-sum payment to one individual who has benefited by a temporary program, while other persons similarly benefited would have no such right. Should it be the policy of Congress to continue the payment of civilian war benefits until liquidation of claims which have arisen under the program, such policy should be embodied in general legislation so as to apply to all remaining cases." The Department of the Army concurs in the view of the Bureau of Employees' Compensation that the enactment of this bill would be discriminatory in that it would have the effect of granting a benefit to Mr. Jenkins that is denied to other former members of the Civil Air Patrol who sustained injuries during the course of their service, and that if the Congress should deem it appropriate to continue the payment of civilian war benefits this should be accomplished by general legislation applicable to all persons properly entitled to such benefits. It is not believed that there are any circumstances present in this case that would warrant singling out this claimant for preferential treatment over other claimants similarly situated. Therefore, while deeply regretting this unfortunate accident which resulted in the very serious injuries sustained by Mr. Jenkins, the Department feels obliged to recommend that the bill be not favorably considered. Sincerely yours, KENNETH C. ROYALL, DEPARTMENT OF JUSTICE, Washington, August 5, 1948. OFFICE OF THE ASSISTANT TO THE ATTORNEY GENERAL, Hon. ALEXANDER WILEY, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S. 1533) for the relief of Ernest J. Jenkins. The bill would provide for the payment of the sum of $21,600 to Ernest J. Jenkins of Brunswick, Ga., in full satisfaction of his claim against the United States for compensation for loss of earnings and for expenses incurred as a result of personal injuries sustained in an airplane crash while on active duty with the Civil Air Patrol. In compliance with your request, a report was obtained from the Department of the Army concerning this legislation. That report, which is enclosed, sets out the facts relating to claimant's service in the Civil Air Patrol and the airplane crash which resulted in the serious personal injuries he sustained. The report includes pertinent excerpts from a letter of the Bureau of Employees' Compensation, Federal Security Agency, which points out that, under the civilian war benefits program, claimant has received medical expenses and other benefits in the total amount of $10,838.74. The letter further states that enactment of the bill would be discriminatory in that it would provide for a lump-sum payment to one individual who has benefited by a temporary program while other persons similarly benefited would have no such right. The letter observes that should it be the policy of Congress to continue the payment of civilian war benefits until liquidation of claims which have arisen under the program, such policy should be embodied in general legislation so as to apply to all remaining cases. The Department of the Army states that it concurs in this view and that it does not believe that there are any circumstances present in this case that would warrant singling out this claimant for preferential treatment over other claimants similarly situated. That Department states, therefore, that while deeply regretting this unfortunate accident which resulted in the very serious injuries sustained by claimant, it feels obliged to recommend that the bill be not favorably considered. The Department of Justice concurs in the recommendation of the Department of the Army. The Director of the Bureau of the Budget has advised this Department that there would be no objection to the submission of the report. Yours sincerely, |