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TO AMEND THE ACT OF MARCH 4, 1911 (CH. 239, 36 STAT.

L. 1267), AS AMENDED

FEBRUARY 12, 1931.-Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. COYLE, from the Committee on Naval Affairs, submitted the

following

REPORT

[To accompany H. R. 14270)

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 14270) to amend the act of March 4, 1911 (ch. 239, 36 Stat. L. 1267), as amended, having had the same under consideration, report favorably thereon without amendment and with the recommendation that the bill do pass.

The purpose of this bill is to amend so much of the act of March 4, 1911 (36 Stat., 1267, U. S. C., title 34, sec. 390), as amended, which reads: "Hereafter, if any officer of the United States Navy shall fail in his physical examination for promotion and be found incapacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted,” by adding two provisos extending this privilege “to those officers who have been retired prior to March 4, 1911, by reason of physical disability contracted in line of duty," and to include "officers who, at the time of retirement, were due to be promoted but had not been examined therefor."

In compliance with clause 2a of Rule XIII there is herewith printed so much of the act sought to be amended, the language sought to be added appearing in italics :

Hereafter, if any officer of the United States Navy shall fail in his physical examination for promotion and be found incapacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted: Provided, That the provisions of this act shall be extended to those officers who have been retired prior to March 4, 1911, by reason of physical disability contracted in line of duty: Provided further, That this extension shat include officers who, at the time of retirement, were due to be promoted but had not been examined therefor: And provided further, That no back pay or allowances shall be held to have accrued to such officers prior to the date of the passage of this act.

There are three officers on the retired list of the Navy to whom this proposed legislation is apparently intended to apply. These officers were retired for physical disability prior to the enactment of the act of March 4, 1911, and at the time of their retirement were eligible by reason of seniority for promotion to the next higher rank.

The Congress on the 1st of July, 1890, passed an identical law for the Army officers who failed on examination, and the committee feels that this legislation will not disturb conditions by setting a precedent, and from the testimony presented is convinced that the legislation is necessary.

The following letter from the Secretary of the Navy addressed to the Chairman of the Committee on Naval Affairs, House of Representatives, sets forth the views of the Navy Department and is hereby made a part of this report:

NAVY DEPARTMENT,

Washington, January 7, 1931. The CA AIRMAN COMMITTEE ON Naval AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of December 5, 1930, transmitting the bill (H. R. 14270) to amend the act of March 4, 1911 (ch. 239, 36 Stat. L. 1267), as amended, and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform the committee as follows:

The purpose of this bill is to amend so much of the act of March 4, 1911 (36 Stat. 1267, U. S. C., title 34, sec. 390), as amended, which reads: "Hereafter, if any officer of the United States Navy shall fail in his physical examination for promotion and be found incapacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted,” by adding two provisos extending this privilege “to those officers who have been retired prior to March 4, 1911, by reason of physical disability contracted in line of duty,” and to include "officers who, at the time of retirement, were due to be promoted but had not been examined therefor."

There are three officers on the retired list of the Navy to whom this proposed legislation is apparently intended to apply. These officers were retired for physical disability prior to the enactment of the act of March 4, 1911, and at the time of their retirement were eligible by reason of seniority for promotion to the next higher rank.

The basic law affecting the Navy is changed from time to time as conditions warrant the Congress in so changing it. The naval careers of officers are regulated by the laws in effect at the time they pass through the various stages of their career. The passage of special acts giving a retroactive effect to general laws is considered inadvisable unless specific injustices are corrected thereby. It is not considered that any specific injustice was done any one of the officers intended to be affected by the enactment of this bill.

The bill H. R. 14270, if enacted into law, will provide for the advancement of the three officers affected to the next higher rank on the retired list, at a total increased cost to the Government of $1,687.50 a year.

In view of the above the Navy Department recommends against the enactment of the bill H. R. 14270. Sincerely yours,

C. F. ADAMS, Secretary of the Navy. O

LIGHTHOUSE RESERVATION, FENWICK ISLAND, DEL.

FEBRUARY 12, 1931.-Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. MERRITT, from the Committee on Interstate and Foreign

Commerce, submitted the following

REPORT

[To accompany H. R. 15361)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 15361) to provide for conveyance of a certain strip of land on Fenwick Island, Sussex County, State of Delaware, having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the Commerce Department, as will appear by the letters attached.

DEPARTMENT OF COMMERCE,

Washington, February 7, 1991. Hon. JAMES S. PARKER, Chairman Committee on Interstate and foreign Commerce,

House of Representatives, Washington, D. C. MY DEAR CONGRESSMAN: Reference is made to your letter of December 18, 1930, requesting a report from this department on H. R. 15361, entitled “To provide for conveyance of a certain strip of land on Fenwick Island, Sussex County, State of Delaware, for roadway purposes."

For the information of your committee, I am inclosing herewith, in duplicate, a memorandum dated December 23, 1930, from the Acting Commissioner of Lighthouses, regarding this bill. The department is just in receipt of a letter from the Director of the Bureau of the Budget stating that in so far as the finan. cial program of the President is concerned there is no objection to the department's proposed report on this bill. Very truly yours,

E. F. MORGAN,

Acting Secretary of Commerce. HR_71-3_VOL 2-16

DEPARTMENT OF COMMERCE,

Washington, December 23. 1980. Memorandum for the Secretary of Commerce.

With reference to the memorandum of the assistant solicitor dated December 20 and accompanying bill H. R. 15361 from the chairman of the House Committee on Interstate and Foreign Commerce, proposing the transfer of a portion of Fenwick Island Lighthouse Reservation Del., to the levy court of Sussex County for roadway purposes:

A revocable license was granted the levy court of Sussex County under date of November 1, 1930, by the department, for the purpose of building the roadway in question which Sussex County has found necessary in order to continue an improved roadway to connect with the main roads of the county. This strip of land is not required for lighthouse purposes and the transfer of same to Sussex County appears advantageous to the Government. It is accordingly recommended, if the department sees no objection thereto, that the chairman of the House Committee on Interstate and Foreign Commerce be advised that there is no objection to the passage of the bill.

The inclosures accompanying the assistant solicitor's memorandum of December 20 are returned as requested.

H. D. KING, Acting Commissioner of Lighthouses.

EXCHANGE OF LANDS ADJACENT TO NATIONAL FORESTS

IN COLORADO

FEBRUARY 12, 1931.-Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. EATON of Colorado, from the Committee on the Public Lands,

submitted the following

REPORT

[To accompany H. R. 16166)

The Committee on the Public Lands, to whom was referred H. R. 16156 for the exchange of lands adjacent to national forests in Colorado, having considered the same, report favorably thereon and recommend that it do pass with the following amendment:

Line 4, before the comma, insert the following: “(U. S. C. title 16, sec. 485)”.

The act of March 20, 1922 (42 Stat. L. 465; U. S. C. title 16, sec. 485), entitled "An act to consolidate national forest lands," to which the proposed legislation refers, is set forth in italics below:

When the public interests will be benefited thereby, the Secretary of the Interior is authorized, in his discretion, to accept on behalf of the United States title to any lands within the exterior boundaries of the national forests which, in the opinion of the Secretary of Agriculture, are chiefly valuable for national forest purposes, and in exchange therefor may patent not to exceed an equal value of such national-forest land, in the same State, surveyed and nonmineral in character, or the Secretary of Agriculture may authorize the grantor to cut and remove an equal value of timber within the national forests of the same State; the values in each case to be determined by the Secretary of Agriculture. Before any such exchange is effected notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted, and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in such exchanges shall be cut and removed under the laws and regulations relating to the national forests, and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. Lands conveyed to the United States under this section shall, upon acceptance of title, become parts of the national forest within whose exterior boundaries they are located.

This measure has the indorsement of the Secretary of Agriculture, as shown in his letter to the chairman of the Public Lands Committee

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