Let us compare the two. The presumption in favor of the Spanish War veterans required proof on the part of the Government to rebut it, but the contrary existed in the procedure before the respective boards for World War veterans. They considered some 51,000 cases at the rate of about 8 per day. They found 41 or 42 percent service connected. The Spanish War veterans cases were all reviewed at the central office, 236,000 of them, at the rate of more than 1,200 per day. It was physically impossible for them to examine the files in that length of time. And what do you suppose resulted? They had the benefit of presumption, but when the review was finished we found 5,400 out of the 236,000 who were service connected, or a little better than 2 percent.

Gentlemen, it was "mass production" in its worst form. It was absolutely impossible for the Department to have made that examination and given those cases the consideration to which they were entitled.

The thought of course comes first to you, Why should Spanish War veterans have to prove service connection? The Surgeon General of the United States Army has in official reports declared that there are no records, and those who are familiar with the subject will tell you that the War Department has no records passing on the physical disabilities of men who served during the Spanish-American War. They would have to prove their disabilities, if at all, through affidavit. Half of the men are dead. The rest are scattered. After 34 years their memory is not clear as to the specific diseases at that time.

Senator REED. Were they examined on discharge in the same way that we were in the World War?

Mr. MEANS. Even worse. I conducted two examinations, because I had a regiment that I mustered out in the World War. Then we did give some degree of examination. But when we were mustered out in the Spanish-American War, we sat down and wrote out the discharges and then handed them to the men and we all moved out as a body. So there was no attempt at examination at all. Some of the men were mustered out while they were upon their beds, sick, and sent home. In the fever camps in the South, when the doctors absolutely claimed the medical service was breaking down, they believed that the best way for the men to preserve their lives was to leave the fever camps and go on home. They were discharged while they were still on their sick cots. I can present many cases of that kind.

The whole atmosphere of the Veterans' Administration toward these Spanish War veterans was to handle them as quickly as possible. They would not even consider the affidavits we filed. Mark youthey sent out this word to every Spanish War veteran:

If you have any evidence in your possession tending to show your disability resulting from war service, please send it in. If this evidence is not received prior to review of your case, it will be considered in the event you appeal from the decision rendered, provided such evidence is on file when the appeal is considered.

Now, mark you this: One of our own men made a test of this, and he makes this affidavit of what took place just to give you the atmosphere of the Veterans' Administration [reading]:

That this Monday a.m., May 1, 1932, I went to the Veterans' Administration Building and saw Colonel Hazard; that I showed him the letter mentioned above and asked his advice about filing evidence suggested therein. Colonel Hazard told me that it would be a waste of time and of money for notary fees, and so forth,

to file any evidence at this time; that no evidence would be considered except what was in my record in the War Department. He further stated in effect that anything I filed would not be considered in the review of my case at this time.

We were to have the benefit of the presumption, and they would consider no evidence that we would file. There is no evidence on record in the War Department, so we had none, and they would not accept evidence that we attempted to submit by affidavit.

Senator ADAMS. Is there a technical opinion and a uniform ruling on those matters?

Mr. MEANS. I do not like to answer that, Senator, but I will just tell you a case. A man from Texas was wounded-shot three times, twice in one hip and once in the other. He was decorated for bravery. His citation or a portion of it is in the record. His colonel stated that he remembered very well his wounds, and that he was wounded because he would not desert another wounded comrade. This man could not be commissioned, because of his lack of educational qualifications, but he was made a sergeant and was mustered out of the service and given a pension from the day he was mustered out, under the old base rate, which amounted to $24 a month. His pension certificate shows he had three gunshot wounds. This man made application in 1910 for total disability pension. There is in the files a decision by the Secretary of the Interior that he is three fourths disabled, but not entitled to full disability. In 1926 he was granted total disability. Because of lack of medical care and for the reason that it took so long to get him to a hospital, being out in the outposts, he walks upon the toe of one foot, that leg being shorter than the other. The man is 60 years of age. Economically he is ruined. If there is a man alive that is totally disabled, it is that man.

What do you suppose the rating was? He received a letter stating: Your case has been very carefully reviewed, and it is found that your injury or disability is not service connected.

I took it over to Mr. Morgan and he graciously received me and said, "We will send for the files." The files were brought down, and when we went through them he said, "I will send it back to our medical department for a report." I was called over the phone and told that "We have carefully reviewed the case again and we find that he has a service-connected disability of 60 percent."

He cannot get any more under the rating schedule. The Veterans' Administration will absolutely admit this. You ask them when they appear here. Since the enactment of Public Law No. 2 they have adopted a new rating schedule. It is based entirely upon the experience of the employability of World War veterans. Age is not considered. They frankly admit it should not be used to rate Spanish War veterans. Yet every one of us is required to be rated under the same table as the World War veterans. They are of an average of 39 years. Our average age is 60 years. They frankly admit that it is wrong, but will not change it, because they are afraid of a precedent for 4,000,000 World War veterans.

Under that there are not many Spanish War veterans who would be rated totally disabled, because they do not take into consideration the fact that we cannot find employment. A Spanish War veteran who loses his job is economically ruined. Not only is he confronted with the ordinary attitude of industry towards men of that age, but

he is disabled. Just stop and think of it. He is 60 years old. They say in the next breath that if you are not in need you get nothing, but that "If you are actually in need and 50 percent disabled, we will give you $15 a month, but you must also have enlisted before August 13, 1898, or have had actual combat experience." How in the world can he live?

I don't like to be a sob artist, but I want you to know that you have driven to suicide more men who served this country in the Spanish-American War than you can possibly realize. Representative Connery stated on the floor of the House that in the State of Massachusetts alone 37 of our boys had committed suicide because of this cruelty. Employing the language used by your distinguished chairman on the floor of the Senate 2 days ago, to me it is "absolutely indecent."

The CHAIRMAN. I did not use that language.

Mr. MEANS. I beg your pardon. I did not hear your speech. But I will use it.

Senator REED. Are we going to sit through?

The CHAIRMAN. No; we are going to adjourn now. If Senator Means wants to continue his statement, we will hear him tomorrow morning.

Mr. MEANS. Very well; I will return tomorrow morning. Thank you very kindly.

(Whereupon, at 11:10 a.m., an adjournment was taken until tomorrow, Saturday, January 27, 1934, at 10 o'clock a.m.)

INDEPENDENT OFFICES APPROPRIATION BILL FOR 1935

SATURDAY, JANUARY 27, 1934

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS,

Washington, D.C. The subcommittee met at 10 a.m., pursuant to adjournment, in the committee room, Capitol, Hon. James F. Byrnes, presiding. Present: Senators Byrnes (presiding), Russell, Coolidge, McCarran, Hale, Steiwer, Townsend, and Cutting.

Senator BYRNES (presiding). You may proceed, Mr. Means. You were making a statement yesterday which you had not concluded, and the committee will be glad to have you now continue.

SPANISH-AMERICAN WAR VETERANS

STATEMENT OF RICE W. MEANS ON BEHALF OF THE SPANISHAMERICAN WAR VETERANS Resumed

Mr. MEANS. Immediately after the declaration of war with Spain, troops were assembled in camps chosen from the standpoint of convenience, and with no regard whatsoever to the rules of sanitation. Men slept upon the ground. The tentage, utensils, medicines, and foodstuffs were not even manufactured when they were called into camp. In a report to the Secretary of War the commanding general of the Army himself advised very strongly against sending men into the tropics at that time. The Surgeon General of the United States Army stated [reading]:

In my opinion it is extremely hazardous and I think it would be injurious to our army on that island at this season of the year, as it would undoubtedly be decimated by deadly disease.

I state that because I want to show, and I want you to know, that there was a greater percentage of disease and sickness during that conflict than in any in which this country has ever engaged.

The Surgeon General of the United States Army, in an official report which you will find in the War Department reports of the year 1898, stated [reading]:

Something may be understood of these conditions when I state that the casualty lists required to be forwarded to my office by each regimental surgeon immediately after an engagement with the enemy were not received for a month after the fight ceased. When they arrived they were found to be written in pencil on blank sheets torn apparently from personal letters, and other such scraps of soiled, weather-stained paper as could be obtained in the trenches or in the camps to which the regiments were afterward withdrawn.

Later, when the health of the troops broke down under the exposures and fatigues of the campaign, with malarial fever prevalent, yellow fever spreading, and from 100 to 200 men in each regiment claiming attention