Maltreatment of Prisoners of War

The claimant was a Private in the 4th C.M.R. - Regimental number 113066. He enlisted April 26, 1915, at the age of 22 years. He was taken prisoner June 2, 1916, at Ypres, slightly gassed, with flesh wounds in the left leg, and was unable to walk. He was repatriated to England January 2, 1919. He is in receipt of a 20 per cent disability pension, which he states is based on bronchitis, and receives $20 per month for wife and self. He had been married on September 24, 1927. Prior to enlistment he was a printer with Harcourts Publishing Company at a salary of $18.50 per week, and since his discharge has held two positions at salaries of $26 per week and $33 per week respectively. Was out of work for one year.

He alleges that while a prisoner of war he was subjected to maltreatment which has resulted in pecuniary damage to him. He alleges that he was forced to do heavy work at digging ditches on practically no food, and suffered physical abuse because he could not turn out enough work. He was made to work in coal mines, was beaten, given solitary confinement and subjected to general abuse.

An analysis of the evidence reveals:

Claimant has no complaint as to the medical treatment for his wounds in the two hospitals where he received attention. He is in receipt of a pension for bronchitis which he attributes to general conditions in the prison camps, particularly the salt mines where he spent one month. He was in Wittenberg, Quedlinburg and Stendal camps. He was beaten for not doing all the work required of him and in the salt mines for not understanding the orders given him. None of the beatings received appear to have left any disability. He finished his captivity in a sugar factory where he got into a melee with a guard and was severely beaten for wresting a rifle out of the hands of a sentry who had levelled it at him.

The medical record discloses that claimant's disabilities are bronchitis and emphysema. No other medical evidence has been made.

It is difficult to attribute claimant's present condition to any particular acts of maltreatment by the enemy. That his chest condition constitutes a disability is clear since he is in receipt of a pension therefor. Having regard to the general observations contained in Opinion annexed to the present report, and particularly bearing in mind that claimant was made to work in the salt mines, I consider that I am justified in finding that a part, if not all, of his disability results from maltreatment as a prisoner of war. I would, accordingly, recommend a payment to him of $500 with interest thereon, at the rate of 5 per cent per annum, from January 10, 1920, to date of payment.

ERROL M. McDOUGALL,

Commissioner,

OTTAWA, December 3, 1931.

Originally printed on page 38 of the report