CHAPTER 347

CLAIM

ELSIE V. WHITE

AN ACT APPROPRIATING CERTAIN MONEYS TO ELSIE V. WHITE IN PAYMENT OF THE CLAIM OF SAID ELSIE V. WHITE AGAINST TILE STATE OF DELAWARE.

WHEREAS, on the Second day of August, 1947, Major Theodore B. White of Newport, Delaware, was fatally injured while in the performance of his duties as a member of the Delaware National Guard when driving a jeep to the National Guard Summer Encampment at Bethany Beach, Delaware; and

WHEREAS, the said Major Theodore B. White left to survive him a widow, Elsie V. White and five children, four of whom were under the age of eighteen years; and

WHEREAS, the said Elsie V. White made claim to the Industrial Accident Board of the State of Delaware for Compensation as a result of the death of her husband, Major Theodore B. White, which claim by an opinion dated the Twenty-seventh day of January, 1949, was refused on the ground that the National Guard of the State of Delaware was not covered by the provisions if the Industrial Accident Law; and

WHEREAS, the said opinion of the Industrial Accident Board further set forth that the remedy of the said Elsie V. White should be by a bill of claim filed with the State Legislature based upon 288. Sec. 33, Chapter 8 of the Revised Code of Delaware, 1935; and

WHEREAS, the provisions of 288. Sec. 33, Chapter 8 of the Revised' Code of Delaware, 1935, provide in part that if any officer of the Delaware National Guard is killed while so serving, his family shall receive compensation according to his rank "as regulated by the pension laws of the United States"; and

WHEREAS, the pension laws of the United States provide that the rates of compensation for the widows and dependents under the age of eighteen years of veterans of World War II shall be for the widow Eighty ($80.00) Dollars per month, and for each additional child Twelve ($12.00) Dollars per month; NOW, THEREFORE,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That the State Treasurer be and he is hereby directed and authorized to pay to Elsie V. White the sum of Twenty-eight Thousand and Eight ($28,008.00) Dollars in payment of compensation for loss and damage caused by the death of Major Theodore B. White.

Section 2. That this Bill shall be known as a Supplementary Appropriation Bill and the money hereby appropriated shall be paid out of the General Fund of the State Treasury.

Approved June 30, 1949