Mr. CAREY, from the Committee on Military Affairs, submitted the

following

REPORT

[To accompany S. 1850]

The Committee on Military Affairs, to whom was referred the bill (S. 1850) to amend an act entitled "An act to recognize the high public service rendered by Maj. Walter Reed and those associated with him in the discovery of the cause and means of transmission of yellow fever", approved February 28, 1929, as amended, by including Roger P. Ames among those honored by said act, having considered the same, reports favorably thereon with a recommendation that it do pass.

A similar bill was passed by the Senate during the Seventy-second Congress. Again during the Seventy-third Congress, a similar bill was passed by the Senate, having been reported favorably by the Military Affairs Committee.

The purpose of S. 1850 is to include the name of Roger P. Ames among those honored by the act of February 28, 1929. Although Dr. Ames' name does not appear among those recommended by the Surgeon General of the Army to be included in the act of February 28, 1929, your committee feel there is no doubt but that Dr. Ames was present and was one of those in immediate charge of the yellow-fever experimental camp, known as "Camp Lazier", near Columbia Barracks, Cuba, the latter part of 1900, and fore part of 1901, and he actually contracted yellow fever while at the camp. There is on file affidavit under date of January 28, 1935, executed by Gust E. Lambert, 4718 Woodlawn Avenue, Chicago, Ill., in which he states in part: During the experiment, I was quarantined in the pesthouse, Dr. Ames being the attending physician. The latter part of January 1901, Dr. Ames himself contracted yellow fever.

As pointed out in a previous report of your committee, in chapter 3 of a pamphlet entitled "Yellow Fever" (S. Doc. 822, 61st Cong., 3d sess.), appears an article by Walter Reed, M. D., surgeon, United States Army; James Carroll, M. D., and Aristides Agromonte, M. D.,

Naval Academy are the apotheosis of our public-school system. If that system, on which we pride ourselves so much, means anything, then, as our population and its demand for education increase, so should these two great, democratic institutions of learning. The committee believes it a mistake to not fully utilize the possibilities of West Point to the great benefit of the Nation.

Under existing law the number of appointees as members of the corps of cadets at the United States Military Academy authorized for each Member of Congress is now limited to two. This number, together with Presidential appointments, permits an average of only 250 graduates each year, which is not only insufficient for the Army, but fails to take full advantage of the overhead possibilities of the Military Academy.

As compared to this situation the law authorizes a maximum of five appointees as midshipmen in the United States Naval Academy for each Member of Congress. Under this authorization the actual number of such appointees at the Naval Academy recently has been increased from 3 to 4.

In view of these circumstances our national defense needs, as well as economic administration, strongly indicate the desirability of an increase in the number of cadets at the Military Academy.

This proposal was submitted to the President and he expressed himself as strongly in favor of it.

In its report on the pending War Department appropriation bill (H. R. 5913), the Committee on Appropriations of the House of Representatives had the following to say on this subject:

NEED TO INCREASE NUMBER OF WEST POINT CADETS

In this connection, it should be stated that the time is fast approaching when separations for age, without special stimulus, will be well in excess of available West Point material. This is apparent in the age table on pages 109-110 of the hearings, part I. In order to be prepared for that situation the number of appointments to West Point immediately should be increased. The committee would have provided for one additional appointment in the accompanying bill if the rules permitted. The additional annual cost, if this were done, when completely effective, would be $863,870. For the first year one-half of that amount probably would suffice. That amount could be added to the accompanying bill, as presented, without exceeding the Budget.

Since it is desired to take advantage of this increase in the class for next year, it is requested that this bill be given early consideration.

The report of the War Department on the bill is as follows:

Hon. DAVID A. REED,

WAR DEPARTMENT, Washington, April 3, 1930.

Chairman Committee on Military Affairs, United States Senate. DEAR SENATOR REED: Careful consideration has been given to the Senate bill No. 2817, Seventy-first Congress, second session, to amend an act entitled "An act to recognize the high public service rendered by Maj. Walter Reed and those associated with him in the discovery of the cause and means of transmission of yellow fever, approved February 28, 1929, by including Roger P. Ames among those honored by said act." This bill you forwarded to this Department under date of March 24, 1930, with a request for the views of the Department thereon.

I am enclosing herewith a report in duplicate from The Adjutant General setting forth the record of service of Roger P. Ames as contract (acting assistant) surgeon and as a medical officer of Volunteers, to which your attention is invited. In an act of Congress approved February 28, 1929, the Secretary of War is authorized and directed "in special recognition of the high public services rendered and disabilities contracted in the interests of humanity and science as voluntary subjects for the experimentations during the yellow-fever investigations in Cuba" to publish annually in the Army Register a roll of honor and the officers and men whose names shall be placed on the said roll are specifically stated in that act. The part taken by these men in the experiments conducted at Camp Lazear is fully set forth in the report of the yellow fever board which is published as Senate Document 822, Sixty-first Congress, third session, serial no. 5919.

The name Roger P. Ames is not included in the list of names appearing in the act of February 28, 1929, above cited, and nothing has been found of record in the War Department to show that he took any part in or subjected himself in any way to the actual experiments conducted at Camp Lazear under the direction of Maj. Walter Reed in the years 1900-1901. As one of the medical officers on duty at Columbia Barracks and at Camp Lazear he had professional charge of the experimental cases of yellow fever. This was purely professional work in which during the years above mentioned many other medical officers, nurses, and enlisted men of the Hospital Corps participated.

A high courage and self-devotion was exhibited by all those who submitted themselves, at what they believed to be the risk, of life itself, to be experimented on by the yellow-fever board in order that certain questions regarding yellow fever, its origin and transmission, which could only be answered through actual experimentation on human beings might be settled.

Included in the list of names appearing in the act of February 28, 1929, are those of 14 men who actually suffered attacks of yellow fever as a result of these experiments, but Roger P. Ames was not an experimental case. He contracted yellow fever in the ordinary performance of his duties as did numerous other members of the Medical Department. All experimental cases of yellow fever were reported in the published papers of the yellow-fever board. (See S. Doc 822, above cited.)

It is the opinion of this department that the limitations by the terms of the act of February 28, 1929, of the benefits proposed to be conferred thereby to certain persons named in the act is both just and appropriate and that should Congress see fit to remove these limitations by so amending the act as to include the name of any person not connected with the yellow-fever experiments in any essential manner, the Congress would shortly be faced with the necessity of greatly extending the list and would belittle the honor, which, it is believed, was intended by the act of February 28, 1929, to be conferred only on the members of the yellow-fever board and on such persons as voluntarily submitted themselves to the actual experimentation and who thus made it possible to bring the work of the board to a successful termination.

In view of the facts above set forth, it is recommended that the proposed legislation be not favorably considered.

Sincerely yours,

PATRICK J. HURLEY,
Secretary of War.

CASE OF ROGER P. AMES, ACTING ASSISTANT SURGEON, CAPTAIN AND ASSISTANT SURGEON, AND MAJOR AND ASSISTANT SURGEON OF VOLUNTEERS

The SECRETARY OF WAR.

WAR DEPARTMENT,

THE ADJUTANT GENERAL'S OFFICE,

April 2, 1930.

SIR: The official records show that Roger P. Ames served under contract as acting assistant surgeon fron May 14 to November 30, 1898, when his contract was annulled under honorable conditions. He did not serve outside the United States under this contract.

He again entered into contract as acting assistant surgeon April 15, 1899. He reported at Military Hospital No. 1, Habana, Cuba, April 25, 1899, and was on duty there until April 10, 1900, when he was assigned to Columbia Barracks, Cuba. On November 20, 1900, he reported for duty at the experimental sanitary camp, near the barracks, established by the yellow-fever board under the direction of Maj. Walter Reed and was assigned to the yellow-fever ward. He appears to have remained on duty at this camp, which was known as "Camp Lazear", until January 27, 1901, when he contracted yellow fever, for which he was treated until February 5, 1901, when he returned to duty at post hospital, Columbia Barracks, Cuba. His contract was annulled on his acceptance on April 26, 1901, of an appointment as captain and assistant surgeon of volunteers.

He was relieved from duty at Columbia Barracks and ordered to report to the commanding officer, Pirotechnica Militar, Habana, Cuba, at which place he was on duty from June 15, 1901. He left Cuba November 16, 1901, and arrived in San Francisco, Calif., November 18, 1901, remaining on duty at the Presidio Hospital, San Francisco, Calif., until November 27, 1901, when granted 2 months' leave of absence. He was appointed major and surgeon of vo unteers January 6, 1902, and was ordered to Manila, P. I., at which place he was present on February 19, 1902. He reported back to the United States March 9, 1902, and remained in the United States on duty at various points until February 1, 1903, when he was honorably discharged from service.

He again entered into contract as acting assistant surgeon February 27, 1903, and his contract was annulled under honorable conditions March 15, 1907. Under this last contract he did not serve outside of the United States.

Nothing has been found of record in this office to show that Roger P. Ames took part in or submitted himself in any manner to the experiments conducted by the yellow-fever board. Respectfully submitted.

C. H. BRIDGES, Major General, The Adjutant General.

Report of the War Department on the present bill, S. 1850, follows:

Hon. MORRIS SHEPPARD,

Chairman Committee on Military Affairs,

WAR DEPARTMENT, Washington, February 23, 1935.

United States Senate.

DEAR SENATOR SHEPPARD: Careful consideration has been given to the Senate bill 1850, Seventy-fourth Congress, first session, to amend an act entitled "An act to recognize the high public service rendered by Maj. Walter Reed and those associated with him in the discovery of the cause and means of transmission of yellow fever, approved February 28, 1929, as amended, by including Roger P. Ames among those honored by said act. This bill you forwarded to this Department under date of February 16, 1935, with a request for the views of the Department thereon.

The official records show that Roger P. Ames served under contract as acting assistant surgeon from May 14, 1898, to November 30, 1898, when his contract was annulled under honorable conditions. He did not serve outside the United States under this contract.

He again entered into contract as acting assistant surgeon April 15, 1899. He reported at Military Hospital No. 1, Habana, Cuba, April 25, 1899, and was on duty there until April 10, 1900, when he was assigned to Columbia Barracks, Cuba. On November 20, 1900, he reported for duty at the experimental sanitary camp, near the barracks, established by the yellow fever board under the direction of Maj. Walter Reed and was assigned to the yellow fever ward. He appears to have remained on duty at this camp, which was known as "Camp Lazear" until January 27, 1901, when he contracted yellow fever for which he was treated

until February 5, 1901, when he returned to duty at post hospital, Columbia Barracks, Cuba. His contract was annulled on his acceptance on April 26, 1901, of an appointment as captain and assistant surgeon of Volunteers. He was relieved from duty at Columbia Barracks and ordered to report to the commanding officer Pirotechnica Militar, Habana, Cuba, at which place he was on duty from June 15, 1901. He left Cuba November 16, 1901, and arrived in San Francisco, Calif., November 30, 1901, remaining on duty at the Presidio Hospital, San Francisco, Calif., until Nobember 27, 1901, when granted 2 months leave of absence. He was appointed major and surgeon of Volunteers January 6, 1902, and was ordered to Manila, P. I., at which place he was present on February 19, 1902. He reported back to the United States March 9, 1902, and remained in the United States on duty at various points until February 1, 1903, when he was honorably discharged from service.

He again entered into contract as acting assistant surgeon February 27, 1903, and his contract was annulled under honorable conditions March 15, 1907. Under this last contract he did not serve outside of the United States.

Nothing has been found of record in this office to show that Roger P. Ames took part in or submitted himself in any manner to the experiments conducted by the yellow-fever board.

In an act of Congress approved February 28, 1929, the Secretary of War is authorized and directed "in special recognition of the high public services rendered and disabilities contracted in the interests of humanity and science as voluntary subjects for the experimentations during the yellow-fever investigations in Cuba" to publish annually in the Army Register a roll of honor, and the officers and men whose names shall be placed on the said roll are specifically stated in that act. The part taken by these men in the experiments conducted at Camp Lazear is fully set forth in the report of the yellow-fever board which is published as Senate Document No. 822, Sixty-first Congress, third session, serial no. 5919.

The name Roger P. Ames is not included in the list of names appearing in the act of February 28, 1929, above cited, and nothing has been found of record in the War Department to show that he took any part in or subjected himself in any way to the actual experiments conducted at Camp Lazear under the direction of Maj. Walter Reed in the years 1900-1901. As one of the medical officers on duty at Columbia Barracks and at Camp Lazear he had professional charge of the experimental cases of yellow fever. This was purely professional work in which during the years above mentioned many other medical officers, nurses, and enlisted men of the Hospital Corps participated.

A high courage and self-devotion was exhibited by all those who submitted themselves, at what they believed to be the risk of life itself, to be experimented on by the yellow fever board in order that certain questions regarding yellow fever, its origin and transmission, which could only be answered through actual experimentation on human beings, might be settled.

Included in the list of names appearing in the act of February 28, 1929, are those of 14 men who actually suffered attacks of yellow fever as a result of these experiments, but Roger P. Ames was not an experimental case. He contracted yellow fever in the ordinary performance of his duties as did numerous other members of the Medical Department. All experimental cases of yellow fever were reported in the published papers of the yellow fever board. (See S. Doc. 822 above cited.)

It is the opinion of this Department that the limitations by the terms of the act of February 26, 1929, of the benefits proposed to be conferred thereby to certain persons named in the act is both just and appropriate and that should Congress see fit to remove these limitations by so amending the act as to include the name of any person not connected with the yellow-fever experiments in any essential manner the Congress would shortly be faced with the necessity of greatly extending the list and would belittle the honor, which, it is believed, was intended by the act of February 26, 1929, to be conferred only on the members of the yellow-fever board and on such persons as voluntarily submitted themselves to the actual experimentation and who thus made it possible to bring the work of the board to a successful termination.

In view of the facts above set forth, it is recommended that the proposed legislation be not favorably considered.