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OCR Page 1 of 170Official DEC 28
TRUMAD
NARA
EXECUTIVE OFFICE OF THE PRESIDENT
BUREAU OF THE BUDGET
DEC 27 1945
WASHINGTON, 25, D.C.
My dear Mr. Latta:
The Congress has enacted H. R. 2054, "For the relief of Rastus L. Davis. "
It is the purpose of the bill to pay the sum of $100 to Rastus L. Davis,
of Winona, Texas, in settlement of all claims against the United States for
the loss of three hundred watermelons as a result of soldiers from Camp Fannin,
Texas, entering his premises and taking away his watermelons on or about
July 17, 1944.
It appears that on the date in question, the claimant, a farmer, owned
a watermelon patch situated about 500 yards west of Camp Fannin, Texas; that
soldiers from the camp, on several different visits, took three hundred of
the watermelons, valued at $100, without paying him therefor; that while the
evidence as to who took them is circumstantial, it was rather conclusive that
they were taken by Army personnel since many broken melons and rinds were
found on the Camp Fannin Reservation adjacent to the farm, and well-beaten
paths extended to the melon fields from the reservation.
A facsimile of the enrolled enactment has been referred to the War Depart-
ment, and its reply, interposing no objection to the approval of the bill, is
attached.
The War Department, in reporting on the bill when it was pending before
the Congress, stated that investigation by it justified the conclusion that
the melons in question were taken by the Army personnel although they were
not acting in the scope of their employment when they did so.
The Congress has enacted and the President has approved a number of bills
providing for relief for damages sustained as a result of the acts of military
personnel not within the scope of their official duties. It would appear that
in this instance the supervisory military personnel of the camp should have
been conscious of the fact that the melons were being taken from the claimant
and taken action which would have precluded such taking.
I am authorized by the Director of the Bureau of the Budget to recommend
that the bill be approved.
Very truly yours,
Mr. M. C. Latta,
Assistant Director,
Legislative Heference.
The White House.
Enclosures:
Letter from War Department.
One copy each of the House and Senate
reports on the bill.
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