Page images
PDF
EPUB

FREDERICK L. CAUDLE

APRIL 4, 1935.—Committed to the Committee of the Whole House and ordered

to be printed

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

following

REPORT

[To accompany H. R. 5782)

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 5782) providing for the advancement in rank of Frederick L. Caudle on the retired list of the United States Navy, having considered the same, report it to the House with the recommendation that it do pass.

A similar bill (H. R. 2125) was reported to the House in the Seventysecond Congress, and a similar bill (H. R. 5689) Seventy-third Congress passed the House. The Navy Department interposes nó objection to the enactment of the bill.

The purpose of this bill is to provide that Ensign Caudle shall have the rank of lieutenant (junior grade) on the retired list of the Navy, with the retired pay and allowances of that rank.

The following letter from the Secretary of the Navy sets forth the Navy Department's views of the bill and is hereby made a part of this report:

NAVY DEPARTMENT,
OFFICE OF THE SECRETARY,

Washington, April 1, 1935. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The report and recommendation of the Navy Department on the bill listed below are the same as previously submitted to the Chairman House Naval Affairs Committee on the date indicated. H. R. 5782; January 12, 1932. Sincerely yours,

CLAUDE A. SWANSON.

The report and recommendation above referred to are as follows:

NAVY DEPARTMENT,

Washington, January 12, 1932. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of December 14, 1931, transmitting the bill (H. R. 2125) to provide for the advancement on the retired list of the Navy of Frederick L. Caudle, 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 provide that Ensign Frederick L. Caudle, United States Navy, retired, shall have the rank and receive the pay and allowances on the retired list of the Navy of a lieutenant (junior grade) with 3 years' service

Ensign Frederick L. Caudle was appointed a midshipman in the Navy on June. 18, 1919; was commissioned ensign on June 8, 1923, and was placed on the retired list on April 10, 1926, by reason of physical disability (tuberculosis) resulting from an incident of the service.

He developed tuberculosis in September 1925 and was then sent to the naval hospital, Mare Island, Calif., for treatment. In March 1926 he was examined by a naval retiring board and pronounced incapacitated for service. Upon the approval of the findings of the naval retiring board by the President, he was placed on the retired list on April 10, 1926.

If Mr. Caudle's retirement had been delayed until after June 8, 1926, on which date he would have become due for promotion to the grade of lieutenant (junior grade), he would then have been retired in the latter grade as provided by the act of March 4, 1911 (36 Stat. 1267; U. S. C., title 34, sec. 390)

The Navy Department believes that ample opportunity for treatment and for determination of the permanent character of his disability was accorded to Mr. Caudle in the interval between the first appearance of the disease in September 1925 and his final retirement on April 10, 1926. Delay in retirement for the specific reason of permitting his passing the date when his eligibility for promotion would warrant his retirement in the next higher grade would be unjustifiable in that he would have been continued in an active-duty status and on active-duty pay when obviously not able to perform duty.

On the other hand, however, Ensign Caudle's retirement was effected immediately upon receipt of the recommendation of the retiring board and without the grant of any leave, in accordance with the then existing policy of the Navy Department. Since that time, however, the Navy Department has adopted the policy of granting officers a slight postponement in date of effect of retirement upon receipt of the recommendation of the retiring board, this postponement not to exceed their accrued leave and in no case to exceed 2 months. If this present policy had been in effect at the time of Mr. Caudle's retirement, his date of retirement would have been automatically set as in June 1926 rather than April 1926; which thus set without regard to his impending date of promotion, would have carried the date of his retirement beyond the date he would have become due for promotion and would therefore, under the law, have entitled him to retirement in the grade of lieutenant (junior grade).

In general, the Navy Department believes that administrative acts accomplished under an established policy should not be subject to revision because of à subsequent change of policy and of parallel cases which are then conducted under such subsequent policy, but in view of the circumstances of this case, interposes no objection to the enactment of this bill.

The bill H. R. 2125, if enacted into law, will result in an increased cost to the Government at the rate of $450 per annum.

The bill H. R. 2125 is similar language to the bill S. 2721 introduced in the Seventy-first Congress. Sincerely yours,

W. V. PRATT, Acting Secretary of the Navy.

HOUSE JOINT RESOLUTION 117

APRIL 4, 1935.-Ordered to be printed

Mr. BUCHANAN, from the Committee on Appropriations, submitted

the following

CONFERENCE REPORT

[To accompany H. J. Res. 117)

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the joint resolution (H. J. Res. 117) making appropriations for relief purposes, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendments numbered 10, 11, 12, 16, 20, 25, and 28.

That the House recede from its disagreement to the amendments of the Senate numbered 2, 4, 6, 8, 9, 17, 21, 22, and 24, and agree to the same.

Amendment numbered 1:

That the House recede from its disagreement to the amendment of the Senate numbered 1, and agree to the same with an amendment as follows:

In lieu of the matter inserted by said amendment, insert the following: provide relief, work relief and to increase employment by providing for useful projects; and the Senate agree to the same.

Amendment numbered 3:

That the House recede from its disagreement to the amendment of the Senate numbered 3, and agree to the same with an amendment as follows:

In lieu of the matter inserted by said amendment insert the following: : Provided, That except as to such part of the appropriation made herein as the President may deem necessary for continuing relief as authorized under the Federal Emergency Relief Act of 1933, as amended, or for restoring to the Federal Emergency Administration of Public Works any sums which after December 28, 1934, were, by order of the President impounded or transferred to the Federal Emergency Relief Administration from appropriations heretofore made available to

the

such Federal Emergency Administration of Public Works (which restoration is hereby authorized), this appropriation shall be available for the following classes of projects, and the amounts to be used for each class shall not, except as hereinafter provided, exceed the respective amounts stated, namely: (a) Highways, roads, streets, and grade-crossing elimination, $800,000,000; (6) rural rehabilitation and relief in stricken agricultural areas, and water conservation, trans-mountain water diversion and irrigation and reclamation, $500,000,000; (c) rural electrification, $100,000,000; (d) housing, $450,000,000; (e) assistance for educational, professional and clerical persons, $300,000,000; Civilian Conservation Corps, $600,000,000; (g) loans or grants, or both, for projects of States, Territories, Possessions, including subdivisions and agencies thereof, municipalities, and the District of Columbia, and self-liquidating projects of public bodies thereof, where, in the determination of the President, not less than twenty-five per centum of the loan or

grant, or the aggregate thereof, is to be expended for work under each particular project, $900,000,000; (h) sanitation, prevention of soil erosion, prevention of stream pollution, sea coast erosion, reforestation, forestation, flood control, rivers and harbors and miscellaneous projects, $350,000,000: Provided further, That not to exceed 20 per centum of the amount herein appropriated may be used by the President to increase any one or more of the foregoing limitations if he finds it necessary to do so in order to effectuate the purpose of this joint resolution: Provided further, That no part of the appropriation made by this joint resolution shall be expended for munitions, warships, or military or naval matériel; but this proviso shall not be construed to prevent the use of such appropriation for new buildings, reconstruction of buildings and other improvements in military or naval reservations, posts, forts, camps, cemeteries, or fortified areas, or for projects for non military or nonnaval purposes in such places; and the Senate agree to the same.

Amendment numbered 5:

That the House recede from its disagreement to the amendment of the Senate numbered 5, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by the said amendment insert the following:

Except as hereinafter provided, all sums allocated from the appropriation made herein for the construction of public highways and other related projects (except within or adjacent to national forests, national parks, national parkways, or other Federal reservations) shall be apportioned by the Secretary of Agriculture in the manner provided by section 204 (6) of the National Industrial Recovery Act for expenditure by the State highway departments under the provisions of the Federal Highway Act of November 9, 1921, as amended and supplemented, and subject to the provisions of section 1 of the Act of June 18, 1934 (48 Stat. 993): Provided, That any amounts allocated from the appropriation made herein for the elimination of existing hazards to life at railroad grade crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, and the relocation of highways to eliminate grade crossings, shall be apportioned by the Secretary of Agriculture to the several States (including the Territory of Hawaii and the District of Columbia), one-half on population as shown by the latest decennial census, one-fourth on the mileage of the

[ocr errors]

Federal-aid highway system is determined by the Secretary of Agriculture, and one-fourth on the railroad mileage as determined by the Interstate Commerce Commission, to be expended by the State highway departments under the provisions of the Federal Highway Act of November 9, 1921, as amended and supplemented, and subject to the provisions of section 1 of such Act of June 18, 1934 (48 Stat. 993); but no part of the funds apportioned to any State or Territory under this joint resolution for public highways and grade crossings need be matched by the State or Territory: And provided further, That the President may also allot funds made available by this joint resolution for the construction, repair, and improvement of public highways in Alaska, Puerto Rico, and the Virgin Islands, and money allocated under this joint resolution to relief agencies may be expended by such agencies for the construction and improvement of roads and streets: Provided, however, That the expenditure of funds from the appropriation made herein for the construction of public highways and other related projects shall be subject to such rules and regulations as the President may prescribe for carrying out this paragraph and preference in the employment of labor shall be giren (except in executive, administrative, supervisory, and highly skilled positions) to persons receiving relief, where they are qualified, and the President is hereby authorized to predetermine for each State the hours of work and the rates of wages to be paid to skilled, indermediate, and unskilled labor engaged in such construction therein: Provided further, That rivers and harbors projects, reclamation projects (except the drilling of wells, development of springs and subsurface waters), and public buildings projects undertaken pursuant to the provisions of this joint resolution shall be carried out under the direction of the respective permanent Government departments or agencies now having jurisdiction of similar projects.

And the Senate agree to the same.
Amendment numbered 7:

That the House recede from its disagreement to the amendment of the Senate numbered 7, and agree to the same with an amendment, as follows:

In lieu of the last word in the matter inserted by said amendment, insert the following: joint resolution; and the Senate agree to the same

Amendment numbered 13:

That the House recede from its disagreement to the amendment of the Senate numbered 13, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment insert the following:

Any Administrator or other officer, or the members of any central board, or other agency, named to have general supervision at the seat of Government over the program and work contemplated under the appropriation made in section 1 of this joint resolution and receiving a salary of $5,000 or more per annum from such appropriation, and any State or regional administrator receiving a salary of $5,000 or more per annum from such appropriation (except persons now serving as such under other law), shall be appointed by the President, by and with the advice and consent of the Senate: Provided, That the provisions of section 1761 of the Revised Statutes shall not apply to any such appointee and the salary of any

[ocr errors]
« PreviousContinue »