[No. 177] TO AMEND ARTICLE 61 OF THE ARTICLES FOR THE GOVERNMENT OF THE NAVY (H. R. 3452). MR. COLE OF NEW YORK NAVY DEPARTMENT, Washington, February 15, 1944. Hon. CARL VINSON, House of Representatives. MY DEAR MR. CHAIRMAN: The bill (H. R. 3452) to amend article 61 of the Articles for the Government of the Navy, was referred to the Navy Department by your committee with request for views thereon. The purpose of the proposed bill is to amend article 61 of the Articles for the Government of the Navy so as to prohibit defendants in courtmartial proceedings from waiving the 2-year limitation prescribed by the article. This article, which has been in effect for almost 50 years, is designed to protect defendants against unreasonable delay by providing them an absolute defense against alleged offenses committed more than 2 years before the issuance of the order for trial, except where by reason of having absented themselves, or of some other manifest impediment, they have not been amenable to justice within the 2-year period. The protection thus afforded the accused would be affected by the proposed amendment only to the extent that he would no longer have the opportunity of deciding whether it would be to his best interest to plead or waive the statute. Under some circumstances the right of election of a person to waive the statute of limitations may be of great importance to him. By waiving the statute he may induce delay in issuance of the order for trial until he can secure evidence or the presence of witnesess whose evidence would enable him to avoid the stigma of a order being issued. There are also instances where an accused who could plead the statute in bar to further proceedings, might wish to insist, for the sake of his record and reputation, that he be absolved by an acquittal on the merits of his case. Further, it is not clear what effect it is intended that H. R. 3452 would have on cases where the 2-year period has run, but where waivers were given and accepted in good faith as a mutually desired alternative to issuance of orders of trial in the 2-year period. The Navy Department is of the opinion that the amendment proposed by the bill, H. R. 3452, would be against the interest of individuals who would be affected and against the national interest. Accordingly, the Navy Department recommends that the proposed legislation be not enacted. The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation. Respectfully, RALPH A. BARD, Acting. 94266-44-No. 177 (1295) о [No. 178] RECOMMENDING TO THE SECRETARY OF THE NAVY THAT HE GIVE IMMEDIATE, FULL, AND THOROUGH CONSIDERATION TO THE SOLUTION OF THE PROBLEM OF IN-PLANT FEEDING AT SHIPYARDS AND SHIPBUILDING PLANTS UNDER HIS JURISDICTION (H. RES. 337). MR. WELCH Hon. CARL VINSON, NAVY DEPARTMENT, Washington, February 16, 1944. Chairman of the Committee on Naval Affairs, House of Representatives. MY DEAR MR. CHAIRMAN: House Resolution 337, recommending to the Secretary of the Navy that he give immediate, full, and thorough consideration to the solution of the problem of in-plant feeding at shipyards and shipbuilding plants under his jurisdiction, was referred by your committee to the Navy Department with request for views and recommendations. The purpose of the resolution is to recommend to the Secretary of the Navy that consideration be given to the problem of providing hot meals for employees of shipyards and shipbuilding plants under his cognizance and that the necessary steps be taken to provide for in-plant feeding where it is found that out-of-plant feeding facilities are not adequate. By a letter dated December 22, 1943, a copy of which is enclosed, the President of the United States informed the Secretary of the Navy of the necessity for action in the field of in-plant feeding and requested that the Secretary do what might be necessary in connection with the plants under his jurisdiction. To implement this directive from the President, the Secretary of the Navy on December 27, 1943, addressed a letter to the chiefs of the bureaus and offices concerned directing that the necessary action. be taken to assure that proper facilities were installed in the plants under their cognizance. A copy of that letter is enclosed. During the past 3 years the Bureau of Ships which has cognizance of activities at shipyards and shipbuilding plants has given financial and priority assistance to several hundred of such plants and is currently reviewing the need for facilities for in-plant feeding and kindred purposes. In view of the close attention being given to this matter by the Navy Department, it is felt that the purpose of the resolution has has been fully attained and there now is no necessity for its adoption. Accordingly, the Navy Department recommends against the adoption of House Resolution 337. The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation. Respectfully, RALPH A. BARD, Acting. 94266-44-No. 178 (1297) ENCLOSURE (A) The Honorable the SECRETARY OF THE NAVY, THE WHITE HOUSE, Washington, December 22, 1943. Washington, D. C. DEAR MR. SECRETARY: In order to recruit and keep manpower in war plants, and thereby maintain and increase production for war, it is necessary that proper cafeterias, rest rooms, toilets, and locker facilities be provided wherever necessary and feasible. This is particularly essential now because of the necessity of increasing the number of women employees in our war industries. I am informed that many war production plants are now badly in need of these facilities. As a consequence, much production is being lost by loss of time during working hours and through induced absentecism. Employment of an increasing number of women in war production makes it even more important that such adequate and proper in-plant facilities be installed soon. Therefore, in order to prevent unnecessary loss of man-hours and productive effort in our essential industries and to increase the employment of women, it is my desire that your agency make the necessary funds and materials available for such facilities as may appropriately be installed in the plants under your jur isdiction. Very sincerely yours, FRANKLIN D. ROOSEVELT NAVY DEPARTMENT, Washington, 27 December 1943. From: Secretary of the Navy. To: Chiefs of Bureau. Chief of Naval Operations. Chief, Office of Procurement and Material. Subject: Employee facilities at private plants under jurisdiction of the Navy 1. By enclosure (A), the President has directed attention to the need for proper feeding facilities, rest rooms, lockers, and toilets in plants under Navy jurisdiction. 2. Cognizant bureaus will continue to determine the necessity for, and the feasibility of, the installation of appropriate employee facilities in accordance with production requirements. War Production Board clearance of facility requests will be obtained by bureaus through the Office of Procurement and Material. 3. It is management's prime responsibility to provide adequate employee facilities. Only when private management appears negligent or financially unable to provide such facilities to an extent that production is impeded does the Navy initiate recommendations of this nature. 4. Major factors in determining the necessity for the above-mentioned facilities will remain: (a) The degree of essentiality of the plant's work and period of time such plants production is needed by the Navy. (b) "Necessity," "appropriateness," or "feasibility of installation" of facilities will be based on the merits of each individual case. (c) The effective utilization of manpower and materials. 5. Bureaus concerned will transmit this information to their field activities with any supplementary instructions considered necessary. о FRANK KNOX. [No. 179] TO PROVIDE COMPENSATION UPON DISCHARGE FOR PHYSICAL Hon. CARL VINSON, NAVY DEPARTMENT, Chairman of the Committee on Naval Affairs, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 3543) to provide compensation upon discharge for physical disability of enlisted personnel of the naval service in cases where disability is service-connected but not the result of own misconduct, was referred by your committee to the Navy Department with request for a report thereon. The bill H. R. 3543 would provide a monthly payment of $50 by the Veterans' Administration to enlisted men of the naval service who are discharged under honorable conditions for physical disability incurred in line of duty. The purpose of the bill is to make provision for the support of men discharged for physical disability after the date of their discharge and until such time as compensation payments from the Veterans' Administration actually commence. There is a period between the date of a man's discharge for physical disability and the determination of his compensation status by the Veterans' Administration when the man is not entitled to and does not receive either pay or compensation. The Navy Department has been advised by the Bureau of the Budget that, in view of (a) the administrative program inaugurated by the Veterans' Administration to facilitate the adjudication of pension claims of disabled military personnel (which is the general objective of the bill), (b) the desirability of centering all veterans' disability benefits in one responsible agency, and (c) the recent approval by the President of mustering-out pay legislation, the enactment of the bill H. R. 3543 should not be considered in accord with the program of the President. Respectfully, FRANK KNOX. |