TO PROVIDE FOR THE ACQUISITION OF A PORTRAIT OF THOMAS WALKER GILMER

MAY 14, 1935.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

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

following

REPORT

[To accompany H. R. 5532]

The Committee on Naval Affairs, to whom was referred the bill (H. R. 5532) to provide for the acquisition of a portrait of Thomas Walker Gilmer, having considered the same, report it to the House with the recommendation that it do pass.

The purpose of this bill is to authorize and direct the Secretary of the Navy to procure the painting of a portrait of Thomas Walker Gilmer, Secretary of the Navy under former President John Tyler, and to add such portrait to the collection of portraits of Secretaries of the Navy in the Navy Department.

The Navy Department favors the enactment of this proposed legislation as is indicated in the letter from the Secretary of the Navy to the chairman of the Committee on Naval Affairs which is hereby made a part of this report:

NAVY DEPARTMENT,

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

Washington, April 19, 1935.

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: The bill (H. R. 5532) to provide for the acquisition of a portrait of Thomas Walker Gilmer, was referred to the Navy Department by your committee on February 9, 1935, with a request for report and recommendation.

The purpose of this bill is to authorize and direct the Secretary of the Navy to procure the painting of a portrait of Thomas Walker Gilmer, Secretary of the Navy under John Tyler, and to add such portrait to the collection of portraits of Secretaries of the Navy in the Navy Department. This bill authorizes the appropriation of $1,000.

For many years it has been the practice of the Secretaries of the Navy to have their portraits painted during their terms of office, these portraits being later hung in the Secretary's office or the corridors of the Navy Department. The list of portraits is complete with the exception of 8 former Secretaries of the Navy, 1 of the

8 being a portrait of the Honorable Thomas Walker Gilmer, who served as Secretary of the Navy from February 15 to February 28, 1844, on which latter date he was killed by the explosion of a gun on board the U. S. S. Princeton.

The Navy Department recommends the enactment of H. R. 5532, subject to a recommendation that the amount authorized to be paid for the portrait be reduced to $750.

Sincerely yours,

CLAUDE A. SWANSON,

O

1st Session

No. 912

MAX DOLE GILFILLAN

MAY 14, 1935.-Committed to the Committee of the Whole House and ordered to be printed

Mr. VINSON of Georgia, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany H. R. 4092]

The Committee on Naval Affairs, to whom was referred the bill (H. R. 4092) for the relief of Max Dole Gilfillan, having considered the same, report it to the House with the recommendation that it do pass.

The purpose of the bill is to authorize and direct the President to appoint Max Dole Gilfillan, a former captain in the Marine Corps, a captain on the Marine Officers' retired list of the United States Marine Corps, with the retired pay of that rank, as provided by law, for officers retired by reason of physical disability incident to the service.

Mr. Gilfillan served overseas with the American Expeditionary Forces during the World War from November 19, 1917, to February 6, 1919. His record of service shows performance of the following duties during this period:

On November 20, 1917, joined the Sixty-sixth Company, Fifth Regiment Marines, in training at Breuvannes.

On detached duty at the Fourth Corps British School at Boves, from January 1 to January 22, 1918, taking the bombing and trench raid courses.

In Verdun sector with the Sixty-sixth Company from March 17 to May 12, 1918.

Participated in raid on enemy trenches on the night of April 18, 1918, in command of a detachment of 30 marines.

Participated in the Aisne-Marne Defensive (Chateau Thierry) from June 1 to June 6, 1918; attached to the Sixty-sixth Company. Wounded on June 6, 1918, in action against the enemy and evacuated to hospital at Jouilly the same date; evacuated to American Hospital No. 44, at Paris, June 7, 1918, and to Base Hospital No. 1 at Vichy, July 15, 1918; discharged from hospital September 1, 1918.

On duty at Prisoner of War Enclosure St. Pierre des Corps (central) from September 6 to September 18, 1918, and on duty with Prisoner of War Escort Company No. 1, at Is-sur-Tille and Poincon-les-Larrey, from September 20 to December 18, 1918.

On December 18, 1918, ordered to Casual Camp St. Aignan, and assumed command of the Casual Company No. 994 on February 1, 1919, and proceeded to Le Havre, France, for return to the United States, February 2, 1919.

During the above service, Mr. Gilfillan was so badly wounded in action as to incapacitate him for the performance of all duties required of a marine officer. He requested and, on August 7, 1919, was given an honorable discharge from the Marine Corps, while other marine officers who were also physically incapacitated for the proper performance of all duties remained in the service and were retired for physical disabilities. Had Gilfillan remained in the service, he would have been eligible for retirement for physical disabilities as were the other officers. As Mr. Gilfillan's disability is directly the result of wounds received in actual combat with an enemy, the committee believes that he should be provided the relief sought by this bill.

The enactment of this bill will result in an estimated increase in cost to the Government of about $1,200 a year.

The views of the Navy Department on this proposed legislation are expressed in the letter of the Secretary of the Navy to the Chairman of the Committee on Naval Affairs which is hereby made a part of this report:

The CHAIRMAn Committee on NAVAL AFFAIRS,

NAVY DEPARTMENT, Washington, February 27, 1935.

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 4092) for the relief of Max Dole Gilfillan was referred to the Navy Department by your committee on January 18, 1935, with a request for views and recommendations.

The purpose of this bill is to authorize and direct the President to appoint Max Dole Gilfillan, a former captain in the Marine Corps, a captain on the Marine Officers' Retired List of the United States Marine Corps, with the rank of captain, with retired pay of that rank, as provided by law, for officers retired by reason of physical disability incident to the service.

The records of the Navy Department show that Max Dole Gilfillan was born March 22, 1894, and enrolled as a second lieutenant provisional in the Marine Corps Reserve on May 21, 1917. He entered on active duty June 14, 1917. On September 18, 1917, he was disenrolled from the Reserve to accept appointment as a second lieutenant, temporary, in the regular Marine Corps. He was temporarily promoted to first lieutenant September 6, 1918, and temporarily promoted to captain March 5, 1919. He was honorably discharged from the Marine Corps August 7, 1919.

Lieutenant Gilfillan served overseas with the American Expeditionary Forces from November 19, 1917, to February 6, 1919. The records show performance of the following duties during this period:

On November 20, 1917, joined the Sixty-sixth Company, Fifth Regiment Marines, in training at Breuvannes.

On detached duty at the Fourth Corps British School at Boves, from January 1 to January 22, 1918, taking the bombing and trench-raid courses.

In Verdun sector with the Sixty-sixth Company from March 17 to May 12, 1918.

Participated in raid on enemy trenches on the night of April 18, 1918, in command of a detachment of 30 marines.

Participated in the Aisne-Marne Defensive (Chateau Thierry) from June 1 to June 6, 1918; attached to the Sixty-sixth Company. Wounded on June 6, 1918, in action against the enemy and evacuated to hospital at Jouilly the same date; evacuated to American Hospital No. 44, at Paris, June 7, 1918, and to Base Hospital No. 1 at Vichy, July 15, 1918; discharged from hospital September 1, 1918.

On duty at Prisoner of War Enclosure St. Pierre des Corps (central) from September 6 to September 18, 1918, and on duty with Prisoner of War Escort Company No. 1, at Is-sur-Tille and Poincon-les-Larrey, from September 20 to December 18, 1918.

On December 18, 1918, ordered to Casual Camp St. Aignan, and assumed command of the Casual Company No. 994 on February 1, 1919, and proceeded to Le Havre, France, for return to the United States, February 2, 1919.

This officer received the following awards and citations:

Awarded Croix de Guerre with Palm (citation order no. 10, 965 "D" October 28, 1918), cited as follows: "Was seriously wounded while leading his men to an attack."

Awarded Croix de Guerre with Silver Star, citation certificate no. 227, dated April 28, 1918, as follows: "With the greatest coolness he led an American detachment charged with a night operation under direction of a French officer whom he very intelligently and very courageously assisted."

Cited: G. O. No. 35, for: " Did give intelligent and courageous assistance to the French officer commanding a large mixed party of French and American soldiers engaged in an important and dangerous raid on the enemy's trenches on April 17, 1918." This in the Verdun Sector, April 17, 1918.

Cited: G. O. No. 40, Second Division, for: "Who was badly wounded while leading his men into action." This in the Bois de Belleau, June 1918.

The following endorsement was placed by the post surgeon, Marine Barracks, Quantico, Va., May 26, 1919, on the application of Captain Gilfillan for assignment to recruiting duty:

"Physical examination of Captain Gilfillan, United States Marine Corps, shows an irregular healed scar (5) five inches by (1%) one and one-half inches on lateral surface of left thigh at upper third part. Scar is firmly adherent to underlying tissue and there is evidence of some bone injury. It is thought that he is physically able to perform recruiting duty."

On July 29, 1919, Captain Gilfillan requested that he be given an honorable discharge from the Marine Corps, to be effective August 7, 1919.

On August 13, 1929, the United States Veterans' Administration certified that Captain Max Dole Gilfillan "whose application for retirement under the provisions of the Emergency Officers' Retirement Act was received May 15, 1929, has been rated by this Bureau, in accordance with law, at less than 30 per centum and more than 10 per centum permanently disabled for disability incurred in line of duty and resulting directly from service." Captain Gilfillan is still carried on the rolls of the Emergency Officers' retired list.

If placed on the retired list of the Marine Corps, Captain Gilfillan's pay would be $1,500 a year, and the cost of this legislation would be the difference between $1,500 a year and the pay Captain Gilfillan is now receiving on the Emergency Officers' retired list, which is understood to be $25 a month for 25 per centum disability. The net cost would therefore be about $1,200 a year.

Inasmuch as Captain Gilfillan is now receiving compensation from the Government at the rate provided by law for his disability, no reason appears why he should be singled out to be placed on the retired list of the Marine Corps to receive more pay than others similarly situated.

The Navy Department recommends against the enactment of the bill H. R. 4092.