FOR THE RELIEF OF THOMAS FRANCIS FLEMING (H. R. 2949).

MR. KELLY, ILL.

NAVY DEPARTMENT, Washington, February 10, 1937.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 2949) for the relief of Thomas Francis Fleming was referred to the Navy Department by your Committee with a request for report and recommendation.

The purpose of this bill is to consider Thomas Francis Fleming as having been honorably discharged from the naval service on November 30, 1918.

The records of the Navy Department show that Thomas Francis Fleming was born on November 26, 1890, and first enlisted in the Navy on January 18, 1912, to serve for 4 years. His record for this period of service shows the following offenses:

October 10, 1913: Leaving ship without permission and remaining absent until October 14, 1913, when he returned under the influence of intoxicating liquor, and had liquor in his possession-convicted by summary court martial. October 9, 1914: Gambling.

April 17, 1915: (1) Not paying proper attention to water tender on watch (II) Indifferent firing.

July 26, 1915: Absent from quarters.

October 7, 1915: Shooting craps.

November 9, 1915: Absent over liberty 41 hours, 30 minutes convicted by summary court martial and the sentence included a bad-conduct discharge which was remitted on 6 months' probation.

January 17, 1916: Honorably discharged because of expiration of enlistment. January 18, 1916: Reenlisted for 4 years.

January 20, 1917: Under influence intoxicating liquor on board ship while member of auxiliary watch.

June 20, 1918: Alcohol in possession-convicted by summary court martial and the sentence included a bad-conduct discharge which was remitted subject to his conduct for the remainder of his current enlistment.

August 15, 1918: Participating in alcohol party on board ship-Fleming's commanding officer recommended that the bad-conduct discharge adjudged by sentence of summary court martial be carried into effect.

September 2, 1918: Violation of a lawful order.

November 30, 1918: Given a bad-conduct discharge by authority of the Navy Department.

This bill, if enacted into law, would result in no cost to the Navy; however, it is probable that a charge under the Veterans' Administration would be involved now or in the future.

The Navy Department recommends against the enactment of the bill H. R. 2949.

Sincerely yours,

CLAUDE A. SWANSON.

FOR THE RELIEF OF BENJAMIN J. CROWLEY (H. R. 1266). MR.

Hon. CARL VINSON,

ANDREWS

TREASURY DEPARTMENT, Washington, February 10, 1937.

Chairman, Committee on Naval Affairs,

House of Representatives.

DEAR MR. CHAIRMAN: Reference is made to bill H. R. 1266, Seventy-fifth Congress, first session, "For the relief of Benjamin J. Crowley", received by reference of the Secretary of the Navy, which was forwarded by your committee to the Navy Department for report. The records of this Department show that Benjamin J. Crowley enlisted April 22, 1918, in the United States Coast Guard as coal heaver and on said date was rated fireman; that he was transferred to the New York division on April 25, 1918; that he was tried by a summary court on October 7, 1918, and found guilty of absence from station and duty after leave had expired; and that he was tried by a summary court on December 4, 1918, and found guilty of absence from station and duty without leave and sentenced to be discharged from the service with a bad-conduct discharge. He was discharged on December 23, 1918, with a bad-conduct discharge in accordance with the sentence of the court.

In these circumstances I cannot give my approval to the provision of the bill that Benjamin J. Crowley be held and considered to have been honorably discharged from the service of the United States Coast Guard on the 23d day of December 1918.

Very truly yours,

JOSEPHINE ROCHE, Acting Secretary of the Treasury.

HEARING ON HOUSE JOINT RESOLUTION 43 TO AMEND PUBLIC LAW NO. 780, SEVENTY-FOURTH CONGRESS, AUTHORIZING THE ACQUISITION OF LANDS IN THE CITY OF ALAMEDA, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AS A SITE FOR A NAVAL AIR STATION, AND FOR OTHER PURPOSES

HOUSE OF REPRESENTATIVES,

COMMITTEE ON NAVAL AFFAIRS, Wahsington, D. C., February 10, 1937. The Committee met at 10:30 a. m., Hon. Carl Vinson (chairman) presiding.

The CHAIRMAN. The committee will come to order. We will call up for consideration a resolution introduced by Mr. Carter. Let the clerk report House Joint Resolution 43.

(The joint resolution and report referred to are as follows:)

[H. J. Res. 43, 75th Cong., 1st sess.]

JOINT RESOLUTION To amend Public Law Numbered 780, Seventy-fourth Congress, authorizing the acquisition of lands in the city of Alameda, county of Alameda, State of California, as a site for a naval air station, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of Public Law Numbered 780, entitled "An Act to authorize the acquisition of lands in the city of Alameda, county of Alameda, State of California, as a site for a naval air station and to authorize the construction and installation of a naval air station thereon", approved June 24, 1936, is amended by inserting after the words "free from all", before the colon and preceding the proviso, the word "encumbrances."

NAVY DEPARTMENT, Washington, February 9, 1937.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,
House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: House Joint Resolution 43, "To amend Public Law No. 780, Seventy-fourth Congress, authorizing the acquisition of lands in the city of Alameda, county of Alameda, State of California, as a site for a naval air station, and for other purposes," was referred to the Navy Department by your Committee with a request for report and recommendation.

The purpose of House Joint Resolution 43 is to amend the act of June 24, 1936 (49 Stat. 1901) by inserting the word "encumbrances" which was omitted from the enrolled bill which was approved by the President although included in the bill as it passed both Houses of Congress.

The Navy Department recommends the enactment of House Joint Resolution 43. House Joint Resolution 43 is in accord with the program of the President.

Sincerely yours,

CLAUDE A. SWANSON.

The CHAIRMAN. Let me submit to the committee that during the last session we passed a bill providing for the acceptance of certain property free from all encumbrances, and when it was enrolled the word "encumbrances" was omitted, and it was signed by the President