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Amendment no. 25: Strikes out the amendment inserted by the Senate making available not to exceed $40,000,000 to the States, on the basis of demonstrated need, to enable them to maintain their public schools for the remainder of the current school year. In connection with this action, attention is called to the provision in the modification of Senate amendment no. 3, in the allocation of $300,000,000, wherein provision is made for "assistance for educational, professional and clerical persons”.

Amendment no. 26: Retains the section inserted by the Senate providing for the application to the expenditure of funds directly by the United States and funds granted or distributed for expenditure otherwise, of the Federal law providing for the acquisition of articles, materials, and supplies mined, produced, or manufactured in the United States (Buy American Act).

Amendment no. 27: Inserts a substitute for the section proposed by the Senate extending until March 31, 1937, the authority of the President under the Act

pursuant to which is maintained the Civilian Conservation Corps, the purpose of which substitute is to make clear the intent of the Senate amendment.

Amendment no. 28: Strikes out the amendment inserted by the Senate providing for expansion of the currency through the issuance of silver certificates and the acceptance of silver in settlement and adjustment of any balance due the United States. Amendments nos. 29 and 30: Corrects section numbers.


Managers on the part of the House.

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APRIL 5, 1935.—Committed to the Committee of the Whole House and ordered

to be printed

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



[To accompany H. R. 2130)

do pass.

The Committee on Naval Affairs, to whom was referred the bill (H. R. 2130) for the relief of John M. McNulty, having considered the same, report it to the House with the recommendation that the bill

A similar bill was reported to the House in the Seventy-third Congress.

The purpose of this bill is to appoint John M. McNulty a lieutenant commander on the Naval Reserve officers' retired list of the Navy, with the retired pay of that rank as provided by law for officers retired by reason of physical disability incident to service.

It developed during the hearing on this bill that McNulty had a total naval service of 22 years 8 months 5 days. He served 4 years of this time as an enlisted man and the remainder as an officer. His character of service was excellent during his entire naval service.

During the period March 23, 1923, to April 30, 1931, McNulty was on active duty in the Navy.

At the present time Mr. McNulty is broken in health and is suffering from a severe heart ailment. This disability is service connected and was incurred while he was in an active-duty status, as is indicated by the following letters:


San Diego, Calif., November 26, 1932. From: The Commanding Officer. To: The Chief of the Bureau of Medicine and Surgery. Subject: McNulty, John Michael, lieutenant, United States Naval Reserve,

correspondence in case of. Enclosure: Letter from Congressman Phil D. Swing, November 17, 1932, in

regard to Lt. J. M. McNulty, United States Naval Reserve Force, enclosing hospital records.

1. The questions asked by Congressman Swing have been referred to the medical officers who had charge of the case of subject-named officer. It is their opinion that the myocardial disease secondary to coronary sclerosis existed 6 months or more prior to August 18, 1931, when he experienced a short period of unconsciousness.

2. As coronary sclerosis is a chronic process which takes years to advance to a degree to sufficiently impair the circulation of the heart muscle and produce myocardial degeneration or coronary occlusion with bundle branch block, it is highly probable that on August 18, 1931, a small coronary occlusion was present, giving rise to the bundle branch block which has persisted.



Washington, D. C., December 7, 1932. Hon. Phil D. Swing,

House of Representatives, Washington, D. C. MY DEAR MR. Swing: In accordance with the request contained in your letter of November 17, 1932, relative to Lt. John Michael McNulty, United States Naval Reserve, and this Bureau's reply of November 18, 1932, there is enclosed & copy of a report, dated November 26, 1932, from the commanding officer United States Naval Hospital, San Diego, Calif., in this case. In view of the nature of the disability in this case, the Bureau concurs in the opinions as contained in the letter from the commanding officer United States Naval Hospital, San Diego, Calif., dated November 26, 1932.

The enclosures forwarded with your letter of November 17, 1932, are returned herewith. Very sincerely yours,

C. E. Riggs, Chief of Bureau. Admiral Coontz, former Chief of Naval Operations, had the following to say in regard to McNulty:

I have known John McNulty for probably thirty-odd years. He served under me as soon as the last war broke out, and I utilized him in every line. He had his law experience. He was an engineer and an all-around man in every way. He overworked himself. He went into it all the time. The last 2 or 3 years I watched him out there and was not surprised when he fell. I understand he has to have an attendant. It is one of those cases, which, in my opinion, are very deserving, and which must be carefully looked into. Some time we shall have to have legislation to cover just such cases. Apparently there is not any such legislation now, but I regard his as one of the most deserving cases I ever knew, from knowing the man all these years, how he has worked, how he came back in the service in 1917 and served under me day and night. I say what I do for your consideration. In view of the above, the committee feels that this is a very desery


. ing case and that the relief provided for in this bill should be granted.

McNulty submitted an affidavit in regard to his service and physical condition which is herewith quoted as a part of this report.

John M. McNulty, being first duly sworn, deposes and says:

That I was ordered to active duty with the eleventh naval district of the United States Naval Establishment on the date of March 23, 1923, and served continuously and without break until April 30, 1931, or during a period of 8 years 1 month 7 days, when I was released to inactive duty.

During this period of over 8 years I was at all times subject to the discipline and responsibilities provided by the United States Naval Regulations, which includes a regulation for the relief of those disabled in the line of duty,

That during this period of service my naval and military status, as part of the Naval Establishment, was identical in every particular with that of the regular officers under whom, with whom, and at times over whom I served, as may be noted from the fact that at one time I was tried by a board of general court martial composed wholly of regular naval officers, for an infraction of one of the naval regulations, and punished, for having suffered the propeller of my ship to bump against a submerged, unseen, and unknown obstacle.

That during said 8 years and more of active duty, I served in every rank from ensign up to lieutenant commander of the Fleet Reserve, which rank I still hold in a voluntary status, due to being on inactive status.

That while so enaged on active duty I was assigned to and performed the duties of commander of the first subdistrict, eleventh naval district; inspectorinstructor, First Reserve Area, eleventh naval district; assistant personnel officer, eleventh naval district; commanding officer (twice) of the U. S. s. Eagle 12 and commanding officer (twice) of the U. S. S. Eagle 34 and president supervisory board of examination for Naval Reserve officers. In addition to the above assignments, there were incidental duties of a varied and miscellaneous nature, which required altogether, more energy and time than is available to one man, and which on the average, during several years, required, besides office work, auto travel of about 800 miles monthly, covering all the numerous naval establishments of this part of California.

That from 1925 to 1931, I was at all times serving as commander of a training ship, in full commission, doing an average of 1,000 miles per month at sea, the year around, cruising from Friday mornings until either Monday following, or the Tuesday following, at 6 p. m., when we docked at the home port. During this time at sea I was the sole commissioned officer, attached to, and responsible for lives and property at sea, and it was customary to make runs from 24 hours to 60 hours, on my part, without rest or sleep or relaxation from constant navigational engineering, watch officer, and training officer duty on the bridge, in every sort of ocean weathers, fogs, and storms. The same ship in service with the fleet would have five officers, who would have but little more to do, and not as much responsibility as I always carried. That upon returning to port, I had no rest whatever, and had to make up for shore duties, delayed from past Fridays and Saturdays, Mondays, and Tuesdays, left undone when I was at sea. Upon return from sea on Tuesday, I attended night reserve drills at the armory, which caused me to return home for my first rest about midnight of Tuesday, after a most exhaustive service which began at 7 a. m. the previous Friday.

That my assignments, length of service, and general service is a matter of official knowledge on file with the commandant of the eleventh naval district, San Diego, and with the Chief of Bureau of Navigation, of the Navy Department. Washington, D. C.

I furthermore depose and swear that: My physical history is a matter of official knowledge to the Bureau of Medicine and Surgery, Navy Department, Washington, D. C., practically from October 1899 to the present date.

That upon entering upon my last period of active duty on the date of March 23, 1923, I was examined by a medical officer of the Regular Navy in the naval hospital of San Diego, Calif., and was found in good health.

That thereafter in each of the years of 1924, 1925, 1926, 1927, and 1928, I was examined by the annual statutory board of medical officers at the naval hospital, San Diego, Calif., and was found in good health.

That the January 1929 annual examination by the statutory board of regular medical officers occurred in the naval hospital in Mare Island Navy Yard, and I was reported as in good health.

That upon the occasion of the annual examination by the annual board for January in 1930, I reported verbally that I had experienced a decided lowering of health and bodily energy during the year passed (1929). That I had been for some years bearing the burdens usually given only to 2 or even 3 officers, and that the continued mental, nervous, and physical strain was such that I found myself unable to respond to rest or sleep and that my elasticity was rapidly vanishing. This report was the subject of considerable discussion among the several medical officers and myself but resulted in no action by them, and I was permitted to return to the same exceptionally burdensome labors, without search or more careful examination to determine the nature of my fatigue and lost power.

That later development revealed that my report to them had in fact brought to their attention symptoms which were those of heart failure, and that their failure to further examine and treat me, directly contributed to the disease becoming later chronic and incurable, as has been officially reported by the medical officers of the naval hospital in September 1931, here later to again be mentioned. That this annual board is created by law to discover and save naval officers from suffering permanent disabilities, and this board failed to meet their responsibilities.

That I attribute my present disabilities directly to the fact of being compelled to perform the duties of two and more officers during the several years prior to my release from service, which duties were assigned to me, by written orders from the proper naval officers placed over me, and which orders are all within the knowledge of the Návy Department or of the commandant of the eleventh naval district as official documents.

That sometime in 1927, feeling the terrific strain of conducting ships filled with men for training, in the California waters which are busy with traffic, and performing this duty, nights and days, alone, I protested to the commandant in

H. Repts., 74-1, vol. 2


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