FOR THE RELIEF OF EDWARD WALTER WIPPER (H. R. 6267). MR. KNUTSON NAVY DEPARTMENT, Washington, June 1, 1937. The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 6267) for the relief of Edward Walter Wipper was referred to the Navy Department by your committee with a request for report and recommendation. The purpose of this bill is to consider Edward Walter Wipper as having been honorably discharged from the Navy on May 2, 1919. The records of the Navy Department show that Edward Walter Wipper was born on April 9, 1885, and enlisted in the Navy on April 9, 1917, to serve for 4 years. Wipper absented himself from the Navy on June 6, 1918, and remained so absent until on or about July 18, of the same year. He was tried by general court martial, found guilty of absence from station and duty without leave, and was sentened to be confined for 2 years, to be dishonorably discharged from the Navy and to suffer all other accessories of his sentence. He was dishonorably discharged from the naval service on May 29, 1919, in accordance with the Navy Department's letter of May 13, 1919, which remitted the unexecuted portion of the sentence involving confinement and accessories, and directed Wipper's discharge as soon as practicable in accordance with the remaining terms of his sentence. 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. 6267. Sincerely yours, CLAUDE A. SWANSON. 91216-37-No. 414 (969) FOR THE RELIEF OF EDWARD TUMELTY (H. R. 6619). MR. WELCH NAVY DEPARTMENT, Washington, May 28, 1937. The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 6619) for the relief of Edward Tumelty was referred to the Navy Department by your committee with a request for report and recommendation. The purpose of this bill is to consider Edward Tumelty as having been honorably discharged from the Navy. The records of the Navy Department show that Tumelty was born on January 9, 1881, and enlisted in the Navy on February 19, 1897. His record shows that he committed five offenses for which he was punished. He absented himself from the U. S. S. Adams on August 25, 1897, and remained absent until May 11, 1898. On authority of the Navy Department he signed an agreement to serve for the period of his unauthorized absence, and subject to that agreement, was restored to duty, and the mark of desertion removed from his record. On October 24, 1898, he deserted from the Navy and remained in desertion until February 13, 1932, when in accordance with instructions issued by the Navy Department, he reported on the receiving ship, San Francisco, Calif., and on the same date was discharged from the Navy as undesirable because of desertion without trial. At the time of his discharge he made the following statement: I have no statement to make in connection with the issuance of an undesirable discharge in my separation from the United States naval service. It is suggested that this bill be amended by the addition of the following proviso: Provided, That no compensation, retired pay, back pay, pension or other benefit shall be held to have accrued prior to the passage of this Act. Amended as suggested, this bill, if enacted, would result in no cost to the Navy, but would probably entail charges under the Veterans' Administration now or in the future. The Navy Department recommends against the enactment of the bill H. R. 6619. Sincerely yours, CLAUDE A. SWANSON. TO EXEMPT RETIRED OFFICERS OF THE MARINE CORPS AND COAST GUARD FROM CERTAIN RESTRICTIONS WITH RESPECT TO HOLDING OFFICE UNDER THE UNITED STATES (S. 1532) NAVY DEPARTMENT, Washington, June 1, 1937. The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (S. 1532) to exempt retired officers of the Marine Corps and Coast Guard from certain restrictions with respect to holding office under the United States was referred to the Navy Department by your committee with a request for report and recommendation. The purpose of this bill is to amend the second sentence of section 2 of the Legislative, Executive, and Judiciary Appropriation Act, approved July 31, 1894 (28 Stat. 205; U. S. C., title 5, sec. 62) by striking out the words "Army or Navy" and inserting in lieu thereof the words "Army, Navy, Marine Corps, or Coast Guard." The second sentence of section 2 of the above mentioned act reads as follows: No person who holds an office the salary or annual compensation attached to which amounts to the sum of $2,500 shall be appointed to or hold any other office to which compensation is attached unless specially heretofore or hereafter specially authorized thereto by law; but this shall not apply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate. The bill (S. 1532) amending this sentence would add to the exempted class retired officers of the Marine Corps or Coast Guard. There appears to be no objection to such a change, especially in view of the amendment to such act by the act of May 31, 1834 (43 Stat. 245; U. S. C., title 5, sec. 62), which reads as follows: * * * Retired enlisted men of the Army, Navy, Marine Corps, or Coast Guard retired for any cause, and retired officers of the Army, Navy, Marine Corps, or Coast Guard who have been retired for injuries received in battle or for injuries or incapacity incurred in line of duty shall not, within the meaning of this section, be construed to hold or to have held an office during such retirement. The Navy Department recommends the enactment of the bill S. 1532. Sincerely yours, CLAUDE A. SWANSON. 91216-37-No. 416 (973) |