fact to be shown in the records of the board before Government money can be legally expended.

Mr. Littledale makes the following charges:

Charge 1.-"We charge that the board has neglected the disabled men."
As proof the following cases are cited:

1.

Rudolph Faber, 1010 Bayview Avenue, Innwood, L. I. Wounded in action, Faber lost the use of his left arm. He was discharged March 3, 1919, with no knowledge of the Federal board. He could not return to his occupation of butcher. On July 24 the board wrote to him. He called at their office. They promised to write again. They never wrote. He heard nothing more. He was forgotten. He has been neglected. And he is making $23 a week less than he would be at his trade were he fit to-day."

The facts in the case are as follows: Mr. Faber was interviewed by a representative of the Federal board prior to his discharge. At this time the provisions of the vocational rehabilitation act were explained to him, and a form was in the possession of the board signed by Mr. Faber on February 27, 1919.

At this time Mr. Faber stated that his occupation was that of provision salesman. The record does not show that Mr. Faber was employed as butcher, as stated in the Post.

At the time of discharge Mr. Faber claimed no disability and the examining board found no disability. On this account it was not considered that Mr. Faber was in need of the services of the board and his case was allowed to remain idle in the district office. The folder fails to show that the man called at the district office, and inasmuch as no action was indicated as necessary by the evidence in the folder, no action was taken.

"Benjamin Dunstall, 117 South Avenue, Cranford, N. J. He was wounded in the Argonne. He was one year in hospital. He was discharged October 8, 1919, with one leg 3 inches shorter than the other. He could not return to the occupation of farm laborer. He applied to the board. Five months have passed and he has heard nothing. He has been forgotten. He has been neglected. And for compensation he has received nothing. He hasn't a cent. He is still wearing his uniform. He has no money with which to buy civilian clothes.”

The facts in the case are as follows: Mr. Dunstall, at the time of his discharge from Fort McHenry, gave his address as 295 George Street, Toronto, Ontario. The district office in New York wrote Mr. Dunstall at this address and received no reply. They sent word to the branch office at Buffalo asking them to get in touch with Mr. Dunstall. No reply was received from Mr. Dunstall and no contact was established until the man called at the New York office during the latter part of January. At this time his case was completed and he was given a medical examination. In February Mr. Dunstall was offered section 2, training, and accepted this offer.

"Arthur P. Thomas, a patient in Flower Hospital, New York City. In October an X-ray examination showed his spine was injured and he was in danger of paralysis. It showed he was in need of an immediate operation. But that record was put away in a folder. It was placed in the files. It was forgotten. He was never told. He found it himself by accident. Independent of the board he underwent an operation. That was in January. Now he has been informed that his training claim has been discontinued and his name dropped from the pay roll."

The facts in the case are as follows: Mr. Thomas entered training at Meeker's Business Institute on May 13, and that he was later transferred to Columbia University, where he has been following a course in journalism. The records, of course, fail to show any evidence that Mr. Thomas examined his folder. The records show that he was not dropped from the pay roll of the board, but was paid in full to March 1. The regulations of the board allow a 30-day sick leave without discontinuance of payments. If a man is confined to the hospital longer than 30 days he is transferred to the pay roll of the Bureau of War Risk Insurance.

To show the attitude of the Federal Board, the following summaries from its minutes are given:

In order to facilitate the placing of disabled men, it was voted that the district officer shall take the initiative in placing men who have been disabled and who do not desire retraining. 1-165.

It was agreed that in the administration of the vocational rehabilitation law the attitude to be assumed by the board toward the disabled man should be that of a "big brother" and that the soldiers should be encouraged to look to the board at all times for such help and advice as they may need in the matter of training and placement. 1-185.

In an effort to define a living subsistence for men while undergoing training the board adopted the policy, in case of all disabled men other than commissioned officers,

to see to it that such men have at least the same support or pay as they received while in the service. The board ruled that the director be authorized on the recommendation of the district vocational officer to pay to each disabled man such a monthly stipend as is usually paid for lodging and subsistence by students residing in a given community, but that such stipend from the board shall not be less than the amount necessary to make his total support from the Government at least $65 per month. No provision was made at that time for commissioned officers. All such men in training under the fund were paid on the basis of their Army pay by the Bureau of War Risk Insurance. For men with dependents the total amount was at least $75 per month. 1-239.

The board having learned that the amounts voted for maintenance of disabled men being low, they were by vote here increased for single men to $75 per month, and a man with dependents not less than $85 per month. 1-267.

In order that the suffering on account of lack of funds be reduced to the minimum, arrangements were made for subsistence pay to be sent to the disabled men on a semimonthly basis. 1-305.

The chief of the division was authorized to grant leave of absence with pay to men in training where such leave warranted. 1-393.

It was voted that where vacations of disabled men in training occur, they shall be paid their maintenance for such period, the board anticipating that many of the men in training would be unable to support themselves due to their physical condition during the vacation period. 1-333.

Reaffirming its policy the district vocational officers were again instructed that a period of placement training following institutional training should be provided whenever necessary and that during such placement training the disabled man should be continued on training pay. This policy here is augmented by the action instructing the rehabilitation division that whenever necessary institutional training may in the same manner follow placement training and that whenever necessary extension of courses of instruction in institutions or elsewhere shall be made in order to provide adequate training. 1-367.

That the men might have the benefit of a more close personal touch with the board the Chief of the Vocational Rehabilitation Division was authorized to secure efficient counsellors at all institutions where disabled men were in training and that where the number of students in training at any one institution was sufficiently large arrangements should be made to detail a representative of the district office to serve as counsellor or supervisor. 1-433.

Authority given to the Chief of the Vocational Rehabilitation Division to extend sick and excused leave periods where in his judgment the facts warrant such action. 1-437.

The board authorizes payment for all necessary medical or surgical care of disabled men in training and instructs the chief to secure from other Government agencies reimbursement for such expenditures as under the law they have authority to incur. 1-445.

To avoid disappointments the board voted that in all cases where a disabled man has been notified by the proper authorized official of a district office or the central office that he shall have any given course or courses such promises shall in every case be carried out.

To further facilitate training approval, the chief of the division was authorized to order district vocational officers to approve when necessary without reference to central office extension of courses for a period of one year from the date of the expiration of the period for which the man was originally approved. 2-565.

The chief of division instructed to notify all district vocational officers to see to it that every man in training had filed proper applications with the Bureau of War Risk Insurance in order to avoid the possibility of their being a delay in the receipt of compensation after the man had completed his training. 2-609.

Where men are shown to have major disabilities caused by amputations, district officers instructed to put such men into training, even in four-year courses, without prior reference to central office. 2-623.

To facilitate approvals of men whose cases were prepared and awaiting approval in the district offices the chief was authorized to train at central office and to then serd to the field offices squads of men to work through the files in the district offices to approve all cases where evidence was complete and showed that the man was entitled to training; to determine cases not eligible for training and to leave memoranda in all cases not complete as to what evidence was lacking in the case and must be supplied in order to meet the legal requirements of the rehabilitation act. 2-623.

The chief of the division was instructed to divide the districts into subdistricts and a branch office established in each district in order to facilitate action, especially with reference to placement and placement training. 2-651.

When necessary to assist disabled men residing in Canada, the board authorized travel of agents of the board into Canada for the purpose of investigating such cases. 2-855.

The following quotations are from the official instructions:

"When, in the case of a disabled person in training under the law, either in regular courses or in receiving stations, emergency action is necessary to save the life, limb, or health of such person, the district vocational officer shall, through the district medical officer, see that the care needed is provided promptly. The question of adjusting responsibility for payment of costs involved can be taken up later. Pending a decision in regard thereto the board assumes the responsibility.' (Sec. 258, Misc. 150.)

"If a disabled person in the field can not be reached at the address available in the district office, the district vocational officer shall ask central office to obtain the correct address from the Bureau of War Risk Insurance or the Adjutant General's Office. If this be not effective, the cooperation of the Red Cross should be sought in an effort to locate the man, especially if there be evidence that he may have a major vocational handicap.' (Sec. 303, Misc. 150.)

"The board desires to give every disabled person every benefit for which the law provides, and will give most careful consideration to each man's case." (From sec.

308, Misc. 150.)

"The board will be liberal in approving training for men suffering from major physical disabilities even though they do not really involve a vocational handicap." (Sec. 405, Misc. 150.).

"The disabled men while in training should be made to feel that they have present at all times the sympathetic personal interest and guidance of a mature man to which they can feel free to go and 'talk things over.' The relationship between the board, as representing the Government, and the men must not be permitted to become mechanical or to cease to appreciate the fact that the men, each of them, have a personal future before them with all that that means in feelings, hopes, and aspirations for an American citizen who has served his country well. The district vocational officers shall, therefore, at each center where the disabled men are being trained, arrange for the selection of one or more men of the right type to act as personal counselors to the men in training." (Sec. 448, Misc. 150.)

"It is the special function of the personal counselor to be the guide, counselor, and friend to the men in training. His relationship to them should be such that when special difficulties or embarrassments occur or there appears to be danger of a renewal of the disability or for any other reason the men need advice and counsel they will feel free to come to him. The counselor should be the most suitable man available regardless of his official relationship to the actual instruction being given to the man or the business relationships connected therewith." (Sec. 449, Misc. 150.)

"The district vocational officer should inform the personal counselors as to how they should proceed to care for the interests of the man when

(a) "There is sickness on the part of the man himself or of his dependents or family. (b) "The man discontinued his attendance without notice.

(c) "The man is financially embarrassed.

(I) "The man is absent and his absence affects his training pay.

(e) "The man complains regarding his training, or his instructor or his failure to get his training pay or of needed adjustments of amounts due him because of change of status regarding dependents.

(f) "Cooperate with the man and the board in delivering training pay to the man and arranging for repay ment of loans by the men." (Sec. 450, Misc. 150.)

"Such books, appliances, and other materials as are, in the judgment of the board. necessary to enable the disabled person to take his training in a proper manner will be furnished without cost to the men in training. When the training course has been completed the district vocational officer shall permit the man to keep permanently for his own use such of those books, appliances, and materials, as he may need to use in the vocation for which he has been trained. (Sec. 456, Misc. 150.)

"The purposes of the board are not accomplished unless the man is so placed that he is able to successfully maintain himself in his occupation in competition with the normal worker on the basis of equal pay for equal work. Except in cases where full wage is impossible the acceptance of the idea of partial wages for the disabled persons should be rejected." (Sec. 603, Misc. 150.)

"In negotiating with the employer due care must be exercised to see that he is made familiar with the circumstances of the case and the condition of the man, in so far as such circumstances or conditions affect in any manner the man's ability to perform the duties of the job proposed for him. Deal fairly and honestly with the employer, even though such frankness may result in some instances in failure to secure the job sought

Only through fair dealing can the best opportunities for other disabled men be secured." (Sec. 605. Misc. 150.)

"Where several separate and distinct operations are involved in a trade or occupation the aim of training should be to fit the man with a degree of proficiency in each of such operations to make him a competent general workman. The steps in the course should be so laid out that the man will continue through the whole process as a learner rather than a producer. There should be no inducement offered the man to discontinue his training and remain on any one of the operations as a producer in a narrow field rather than to become a good general workman through thorough training." (Sec. 614, Misc. 150.)

"Men in placement training will receive training pay at the same rate as if they were in training in educational institutions. No deduction shall be made in the training pay of the men because of money earned incidental to their work while they are in placement training." (Sec. 704, Misc. 150.)

INSTRUCTIONS NO. 23.

SEPTEMBER 12, 1919.

To all concerned.

Subject: Procedure in closing cases.

Paragraph B. The man does not reply to letters from the district office. In closing cases on this ground it is understood that at least one letter without reply shall have been delivered to man with negligible handicap; at least two letters without reply to man with minor handicap; and at least three letters without reply to man with major handicap, or when the extent of handicap is not known.

EXTRACT FROM KIDNER MEMO. 17.

AUGUST 24, 1918.

SEC. 6. From the nature of the information called for in this and the succeeding section, it will be seen that a very intimate personal relationship must be established between the district vocational officer and the candidate.

It will be of value for the vocational adviser to review with the man the information given in the preliminary survey form. Not only will this afford valuable help to the vocational adviser in considering possible future vocations, but during the process of reviewing a great deal of the information as to the candidate's personal characteristics will be revealed.

In questioning a man as to his choice of a new occupation, the candidate should be encouraged to express his wishes freely, but the vocational adviser will not only enter the reasons given by the candidate for his choice, but will also endeavor to ascertain the man's real reasons. Quite often there are fashions in choice, due to the particular demand or example of the hour. Also it will be found that a man's choice is often conditioned by the fact of his having passed through a long period of enforced inactivity and by his present physical condition, which may improve.

Charge 2.We charge the board with inexcusable delay." As proof the following cases are cited.

"Joseph Furphy, 420 John Street, East Newark, N. J. He was wounded in several places and gassed. He was discharged March 3, 1919. He did not know of the board. He learned of it by accident. In June he applied for training. He met with a delay. In want, he had to appeal to the Red Cross. At last the board got him in training. That was on January 24, 1920. They kept him waiting for eight months."

The facts in the case are as follows: Prior to enlistment Mr. Furphy was employed as a clerk and cost accountant for seven years and a bookkeeper for three years. On discharge from the service the Army examining board found no disability, but the statement was made that Mr. Furphy had been wounded in action. Mr. Furphy's application for training was received and his case received prompt attention. However, his request for section 2 training was disapproved. The medical examiners of the New York office stated that he was suffering from a temporary minor handicap. At the instance of the Newark Red Cross Mr. Furphy's case was given further consideration, and section 2 training was approved by the eligibility squad on review of the complete evidence in the man's folder at that time.

"Theodore M. Lind, 316 Cumberland Street, Brooklyn. He was discharged in June, 1919. He did not know of the board. He learned of it by accident. He applied in July. On December 22, he was refused training with pay. He was kep waiting eight months."

The facts in the case are as follows: Mr. Lind was interviewed by a representative of the board at General Hospital No. 41 on June 21, at which time the Government rehabilitation plan was thoroughly explained to Mr. Lind. The records show that

the New York office of the Federal board recommended that Mr. Lind receive training, and that this recommendation was disapproved by central office of the board. Prior to enlistment Mr. Lind was employed as wood polisher. His disability consists of a reduction in the hearing of the left ear. The right ear is entirely normal. The central office of the board ruled that this reduction in hearing would not prevent Mr. Lind from carrying on successfully as a wood polisher, and for this reason it was ruled that he was not eligible for section 2 training and eligible for section 3 training only. Mr. Lind appealed from this ruling of the board, and the appeal was not allowed. He is not considered eligible for training within the meaning of section 2 of the rehabilitation act.

"Edward M. Kalish, New York City, awarded the croix de guerre. He applied to the board in April, 1919. In July he was told he could begin training 'next week.' Something went wrong. He was put off. After waiting 10 months he was reexamined by the doctor. He was then marked fit and refused training. He tore up his papers in the face of the man who told him that."

The facts in the case are as follows: The only sense in which Mr. Kalish "waited 10 months" was that his case has been repeatedly pressed for section 2 training, whereas from the first such training was denied.

Prior to enlistment this man was employed as a millinery salesman, stating that he earned $25 per week. His disability consists of slight chronic arthritis, according to medical report.

Army records at the time of the discharge, April 19, 1919, gave degree of disability "one-tenth at present." On July 18, 1919, the Federal board, after reviewing his case, decided that his disability did not entitle him to section 2 training. Mr. Kalish was immediately tendered transportation from his home to the New York office in order that he might be advised fully concerning this decision and his rights under section 3 of the act.

The case was again pressed for section 2 training in November and was denied under date of November 26. On December 29 such decision was confirmed.

On January 5 a final appeal was made, and our assistant chief medical officer confirmed former findings. The most careful consideration was given to this claim. Section 3 training is still open to Mr. Kalish at such time as he may choose to accept. "Gordon M. Campbell, Middletown, N. Y. In February he had been waiting 11 months for training. The last action then was that he was to undergo another medical examination to see if he was not fit."

The facts in the case are as follows: When the man was discharged the Army medical examiners considered that his disability was not received in line of duty, and also rated the case as less than 10 per cent disability. On account of the fact that the case was apparently a minor handicap, no attempt was made by the board to follow the case actively. The records show that a letter was written to Mr. Campbell on June 30, on July 15, and again on October 1. Mr. Campbell replied to the letter of October 1, but did not reply to the other two letters. The case presented certain difficulties, and it was impossible to reach a decision concerning the eligibility for section 2 training without a medical examination.

"Henry B. Katzen, Newark, N. J. Discharged April 13, he applied to the boar 1 on May 12. On December 1 he went into training. He was delayed six and onehalf months. The delay reduced him to penury. Married, he was in great distress and had to go to the Red Cross for help.'

The facts in the case are as follows: The chronological record quoted in the Evening Post is approximately correct. Considerable delay was experienced in obtaining a satisfactory medical examination and in arranging training which was suited to the man's disability. The medical examination showed that he was suffering from a border line mental disability which was very difficult to diagnose and which did not constitute an obvious major vocational handicap. A satisfactory medical examination was finally obtained and Mr. Katzen entered training on December 1.

The committee should remember that cases involving mental disability are the most difficult to properly solve. The board is not charged with the medical care of men suffering from any disability. Before any training can be arranged for men suffering from mental disabilities, an accurate diagnosis of the case must be obtained in order that the proper training may be provided.

The above reply to the specific cases submitted by Mr. Littledale in support of his charges of neglect and inexcusable delay proves conclusively that he has failed to substantiate the same.

Charge 3.-"We charge that the Federal Board is responsible to no department of the Government and is top-heavy."

In support of this charge Mr. Littledale alleges that the Secretary of Agriculture is a member of the board but it is not responsible to him, likewise, the Secretary of