fornia, in regard to a communication he received from Mr. C. N. Jansen, chairman of the national pension committee, United Indian War Veterans of the United States of America, and for the purpose of the record I will insert our colleague's letter at this point, also a copy of the bill and report I received from the Administrator of Veterans' Affairs relative to the provisions of this bill.

(The letter from Congressman Franck R. Havenner, H. R. 4924, and the report thereon are as follows:)

Hon. JOHN LESINSKI,

CONGRESS OF THE UNITED STATES,

HOUSE OF REPRESENTATIVES, Washington, D. C., January 19, 1940.

Chairman, Invalid Pensions Committee,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: I am quoting to you a letter which I have received from Mr. C. N. Jansen, chairman, national pension committee, United Indian War Veterans, United States of America, 2126 Taraval Street, San Francisco: "Have today received a telegram from the Honorable John Lesinski, chairman, House Invalid Pensions Committee, advising me that hearings on the Indian war pension bills will be conducted January 22 and 23, 1940.

"If you will do all that you can to secure passage of H. R. 4924, or legislation giving the Indian war veterans and widows pension equality with the veterans and widows of the Grand Army of the Republic, your efforts will be most sincerely appreciated by all members of our organization.

"Not only do we feel that our present pension rate is unjust and inadequate, but we also feel that its interpretation is extremely unfair. When veterans of other wars receive the maximum by reason of age, we feel that our veterans should benefit by the same interpretation. Especially do we feel this is true when our veterans are 80 and over. We feel that the term 'disability' should not, as now, be left to the multiple interpretations of various examining boards." I will appreciate it very much if you will do me the kindness to bring this letter to the attention of the members of your committee for such consideration as they may deem appropriate.

Sincerely yours,

FRANCK R. HAVENNER.

[H. R. 4924, 76th Cong., 1st sess.]

A BILL To adjust the rate of pension to soldiers of the Indian wars who served ninety days or more in active service against hostile Indians, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Act entitled "An Act granting pensions to certain soldiers who served in the Indian wars from 1817 to 1898, and for other purposes," approved March 3, 1927, as amended (U. S. C., Supp. VI, title 38, sec. 381), is hereby amended by adding at the end thereof the following paragraph:

"Commencing with the first day of the first month following the enactment of this paragraph, in case of any soldier placed on the pension roll under this section or under any of the Acts referred to in section 4 of this Act (U. S. C., Supp. VI, title 38, sec. 381c), who served at least ninety days in the active military service against hostile Indians, the rate of pension shall be $75 per month.

"That the veterans of all Indian wars, now on the pension rolls or who may hereafter become enrolled thereon, shall be given the same pension rating, according to age, as the veterans of the Civil War, and that widows of said bona fide Indian war veterans be entitled to a pension of $50 per month so long as they remain in widowhood. Nothing in this paragraph shall be construed to reduce any pension under any law, public or private.

"If such person is eighty years of age or over and is, on account of age or physical or mental disabilities, helpless or blind as to need or require the regular aid and attendance of another person, $100 per month."

VETERANS' ADMINISTRATION,
Washington, June 15, 1939.

Hon. JOHN LESINSKI,
Chairman, Committee on Invalid Pensions,

House of Representatives, Washington, D. C.

MY DEAR MR. LESINSKI: This is with further reference to your letters of March 14, 15, and May 23, 1939, requesting a report on H. R. 4924, "A bill to adjust the rate of pension to soldiers of the Indian wars who served 90 days or more in active service against hostile Indians, and for other purposes," which provides as follows:

"That the first section of the Act entitled 'An Act granting pensions to certain soldiers who served in the Indian wars from 1817 to 1898, and for other purposes,' approved March 3, 1927, as amended (U. S. C., Supp. VI, title 38, sec. 381), is hereby amended by adding at the end thereof the following paragraph:

"Commencing with the first day of the first month following the enactment of this paragraph, in case of any soldier placed on the pension roll under this section or under any of the Acts referred to in section 4 of this Act (U. S. C., Supp. VI, title 38, sec. 381c), who served at least ninety days in the active military service against hostile Indians, the rate of pension shall be $75 per month.

""That the veterans of all Indian wars, now on the pension rolls or who may hereafter become enrolled thereon, shall be given the same pension rating, according to age, as the veterans of the Civil War, and that widows of said bona fide Indian war veterans be entitled to a pension of $50 per month so long as they shall remain in widowhood. Nothing in this paragraph shall be construed to reduce any pension under any law, public or private.

66

"If such person is eighty years of age or over and is, on account of age or physical or mental disabilities, helpless or blind as to need or require the regular aid and attendance of another person, $100 per month.""

It is suggested that the word "paragraph" in line 8, page 1, of the bill be pluralized. The United States Code, 1934 edition, supplants the original Code, 1925 edition, and Supplements I to VII thereto. It is, therefore, suggested that the reference to "Supp. VI" appearing in line 6, page 1, and line 3, page 2, of the bill be deleted.

The existing laws governing entitlement to Indian war service pensions require service of 30 days or more, or if less than 30 days, service through any Indian war or campaign, or in connection with, or in a zone of active Indian hostilities in any of the States or Territories of the United States from January 1, 1817, to December 31, 1898, inclusive. The rates are as follows:

There is also provided a pension of $72 a month for Indian war veterans who are helpless or blind or so nearly so as to require the regular aid and attendance of another person. However, an amount in excess of $50 is not payable if the veteran is residing in the United States Soldiers' Home or in any national or State soldiers' home.

The rate of service pension now payable to Civil War veterans having had 90 days or more service, or if less than 90 days, having been discharged for disability incurred in line of duty, is $75 a month regardless of the age or degree of incapacity. Pension at the rate of $100 a month is payable if need for aid and attendance of another person is shown. However, such pension is subject to a reduction of $25 a month, while the veteran is residing in the United States Soldiers' Home or in any national or State soldiers' home.

It is believed that the provisions of the present law are sufficiently liberal with respect to the amount of pension payable to Indian war veterans. Careful consideration was given by the Congress to the matter of service pensions for

this group at the time hearings and debates were had on H. R. 5787, Seventyfifth Congress, "A bill granting pensions and increases of pensions to certain soldiers who served in the Indian wars from 1817 to 1898, and for other purposes." This bill, as amended, was approved by the President on August 25, 1937, Public, No. 355, Seventy-fifth Congress, and resulted in increasing the pior rates of pension ranging from $20 to $50 per month for disability to $20 to $55 per month, as heretofore set forth. It further increased the age rate $5 in each instance.

The third paragraph of the bill providing that veterans of all Indian wars, now on the pension rolls or who may hereafter become enrolled thereon, shall be given the same pension rating, according to age, as the veterans of the Civil War, requires clarification, in view of the fact that the preceding paragraph provides the rate of $75 per month, and in view of the further fact that the last and most liberal Civil War act (June 10, 1918) providing a pension for specific ages (now obsolete because of subsequent more liberal legislation) provided a monthly pension of $32 for age 72 years if the veteran served 6 months, $35 if the veteran served 1 year, $38 if the veteran served 11⁄2 years, and $40 if the veteran served 2 years or over.

As to the provision that widows of said bona fide Indian war veterans to be entitled to a pension of $50 per month so long as they remain in widowhood, it is suggested that the bill should be clarified to provide affirmatively and more specifically for eligibility of the group to be benefited, particularly in view of the provisions of the first paragraph of the bill relative to 90 days service and the provisions of existing service pension laws requiring 30 days or more or through an Indian war or campaign. Furthermore, the phrase "remain in widowhood" is not clear as to whether it is intended to include remarried widows upon termination of remarriage as provided in existing laws.

It is suggested that the word "paragraph" appearing in lines 11 and 12, page 2, of the bill be replaced by the word "Act" inasmuch as it appears to be the intention to apply the sentence in which it appears, viz., "Nothing in this paragraph shall be construed to reduce any pension under any law, public or private," to the entire bill.

The service pension rate for the widow of a Civil War veteran who was the wife of such veteran during his war service, is $50 a month; otherwise the rate is $40 a month if she is 70 years of age or over, or $30 if she is under 70. The existing service pension rate for widows of Indian war veterans is $30 a month and no increased rate is provided if the widow was the wife of the veteran during his service. For a widow of a Mexican War veteran, the service pension rate is $50 a month and there is no increased rate for a widow who was the wife of the veteran during his service.

The rates now payable to widows and children of Indian war veterans are the same as those provided for widows and children of Spanish-American War veterans for nonservice connected death and are in excess of those provided for the World War group where the veteran died of a nonservice connected cause but at the time of death was receiving or entitled to receive pension, compensation, or emergency officers' retirement pay for service connected disability. The proposal is more liberal than present Civil War provisions. A material change in the service pension provisions for the Indian war group would not appear to be indicated. It is my feeling that the rates now authorized for widows and children of Indian war veterans fairly represent the obligation of the Federal Government.

It is estimated that approximately 2,200 veterans of the Indian wars would receive increased pensions at an annual cost of approximately $536,000. In addition, there would be increased payments to the widows of approximately 3,900 deceased Indian war veterans at an annual cost of approximately $944,000 or a total additional cost of approximately $1,480,000 for the fiscal year 1940. This does not include remarried widows.

If it can be assumed that remarried widows of Indian war veterans would be entitled to the increased pensions, the cost for widow cases would approximate $1,001,000, affecting 4,200 cases during the fiscal year 1940 instead of the figures quoted above. This would change the total cost of the bill from $1,480,000 to $1,537,000 for the fiscal year 1940.

The estimates submitted above exclude the less than 90 days cases.

The provisions of H. R. 4924 are similar to those contained in H. R. 1006, Seventy-sixth Congress, except for the last paragraph of H. R. 4924 which does not appear in H. R. 1006. An adverse report on H. R. 1006 was addressed to you under date of May 10, 1939.

For the foregoing reasons the Veterans' Administration cannot recommend the proposed measure to the favorable consideration of your Committee. Advice has been received from the Director, Bureau of the Budget, that the proposed legislation would not be in accord with the program of the President. Very truly yours,

FRANK T. HINES, Administrator.

General Hines, we will be pleased to have your statement in regard to H. R. 4924 at this time.

STATEMENT OF BRIG. GEN. FRANK T. HINES, ADMINISTRATOR OF VETERANS' AFFAIRS

General HINES. The report that we rendered on this bill under date of June 15, 1939, covers in detail the same points I mentioned in connection with the first bill. However, this is a much broader bill, and it is estimated that approximately 2,200 veterans of the Indian wars would receive increased pensions at an annual cost of approximately $536,000. In addition, there would be increased payments to the widows of approximately 3,900 deceased Indian War veterans at an annual cost of approximately $944,000, or a total additional cost of approximately $1,480,000 for the fiscal year 1940. This does not include the remarried widows. If the remarried widows of Indian-war veterans are taken in the increased pensions, in the case of the widows would approximate $1.001,000 affecting 4,200 cases during the fiscal year 1940 instead of the figures quoted above. This would change the total cost of the bill from $1,480,000 to $1,537,000 for the fiscal year 1940. The provisions of this bill are similar to those contained in H. R. 1006, which we have just talked about, except for the last paragraph of H. R. 4924 which does not appear in H. R. 1006. An adverse report on H. R. 1006 was rendered and was included in the record.

This seems to me, Mr. Chairman, to be just a question of whether the committee feels that the services of the Indian War veterans should be put on a parity with the veterans of the Civil War as to rates, and then there is the question of the advisability of taking in the remarried widows.

Mr. SCHAFER. It is said in behalf of this bill that it is to put the Indian War veterans and the widows on the same basis with those of the Civil War.

General HINES. Except it grants the Indian War widow a $50 rate, which is only granted to those widows of the Civil War veterans who were the wives of the veterans when they served in the

war.

Mr. SCHAFER. That is the point I wanted to call attention to.
General HINES. That is right.

Mr. SCHAFER. The contention is made by the supporters of the bill that it gives the Indian War veterans and their widows the same pension benefits as the Civil War veterans and their widows receive. The bill itself proposes, as you have stated, to give the Indian War widows $50 per month, which is more than the Civil War widows receive because the Civil War widows, under existing law, can only receive the $50-a-month rate provided they were married to their husbands at the time they served in the war.

General HINES. You are correct.

The CHAIRMAN. Are there any further questions, gentlemen?

H. R. 4991

The CHAIRMAN. The next bill is H. R. 4991 which was introduced by our colleague, the Honorable John W. McCormack of the Twelfth District of Massachusetts. This bill would grant a minimum rate of $65 per month (if 70 years of age) and a rate of $100 per month if regular aid and attendance is required to veterans of the Regular Establishment who served 90 days or more between 1855 and 1898, in Minnesota, North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Texas, New Mexico, Colorado, Wyoming, Montana, Idaho, Washington, Oregon, Utah, Arizona, California, and Nevada, provided they were honorably discharged. Widows of such veterans would be granted a pension of $30 per month if less than 70 years of age and $40 per month if 70 years or more, provided they were married to such veterans 10 or more years prior to their deaths.

For the purpose of the record I will insert at this point a copy of the bill and the report I received from the Administrator of Veterans Affairs relative to its provisions.

(H. R. 4991, together with the report thereon, is as follows:)

[H. R. 4991, 76th Cong., 1st sess.]

A BILL To pension men who were enlisted in the military service of the United States during the period of Indian wars and disturbances, and the widows of such men, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who served ninety days or more in the Regular Army of the United States, by authority of the United States, in military operations on the western frontier, during the period from January 1, 1855, to December 31, 1898, inclusive, in any of the following-named States or Territories: Minnesota, North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Texas, New Mexico, Colorado, Wyoming, Montana, Idaho, Washington, Oregon, Utah, Arizona, California, and Nevada, and was honorably discharged therefrom, or who having served less than ninety days was discharged for a disability incurred in said service in the line of duty, or is already enrolled as a pensioner in the Indian wars' class, and is seventy years of age or over, shall be paid a pension of $65 per month. And said pension shall commence from the date of filing application therefor in the Veterans' Administration after the passage of this Act.

SEC. 2. Any person enumerated in section 1 of this Act who is now, or who may hereafter become, helpless or blind, or so nearly helpless or blind as to require the constant attendance of another person shall be paid a pension of $100 per month. Such pension of $100 per month shall commence from the date of filing application therefor in the Veterans' Administration after the passage of this Act, and on making proof of the existence of such disability. SEC. 3. If any person enumerated in section 1 of this Act has died, or shall hereafter die, leaving a widow, such widow shall, upon making due proof of her husband's death, without proving his death to have been as the result of his Army service, or is already enrolled as a widow pensioner in the Indian wars class, be paid a pension of $30 per month if under seventy years, and $40 per month if seventy years of age or over: Provided, That the said widow applying for benefit under this Act shall have been married to her deceased husband not less than ten years prior to his death.

SEC. 4. This Act shall not be so construed as to reduce any pension, public or private.

SEC. 5. The period of service performed by the beneficiaries under this Act shall be determined by reports from the records of the War Department, where there is such record, and by the reports of the records of the Treasury Department showing payment by the United States where there is no record of regular enlistment or other contract for said service: Provided, That when there is no record of service or of payment for same in the War Department or Treasury Department, he may establish his service by satisfactory evidence