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MISCELLANEOUS BILLS

THURSDAY, APRIL 11, 1946

UNITED STATES SENATE, COMMITTEE ON NAVAL AFFAIRS, Washington, D. C.

The committee met, pursuant to call, at 10:30 a. m. in room 212, Senate Office Building, Senator David I. Walsh (chairman) presiding. Present: Senators Walsh (chairman), Gerry, Myers, Brooks, Robertson, and Saltonstall.

S. 1802 AND S. 1792

The CHAIRMAN. We will come to order.

Have we any minor matters to take up first?

We will proceed with Docket No. 172, S. 1802, a bill to provide for permanent preservation as historic relics of the silver service, ship's bill, and name plate from the battleship U. S. S. Nevada.

(S. 1802 is as follows:)

[S. 1802, 79th Cong., 2d sess.]

A BILL To provide for permanent preservation as historic relics of the silver service, ship's bell, and name plate from the battleship United States ship Nevada

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Navy Department is hereby authorized and directed to transfer and convey to the Nevada State Museum, for retention as permanent exhibits, the ship's bell, silver service, and name plate from the battleship United States ship Nevada.

Senator ROBERTSON. I have an amendment, Mr. Chairman, which I would like to put onto that bill:

Be it further enacted, That the Secretary of the Navy is hereby authorized and directed to transfer and convey to the University of Wyoming for retention as permanent exhibits and for exhibition purposes, the silver service, ship's bell, and name plate from the battleship United States ship Wyoming.

The CHAIRMAN. Captain Nunn, will you come forward and tell us what the bill itself provides for?

STATEMENT OF CAPT. IRA H. NUNN, OFFICE OF THE JUDGE ADVOCATE GENERAL

Captain NUNN. Mr. Chairman, the bill, S. 1802, would provide that the Secretary of the Navy be authorized and directed to transfer and convey to the Nevada State Museum, for retention as permanent exhibits, the ship's bell, silver service, and name plate of the U. S. S. Nevada.

The Navy Department favors the transfer of relics and trophies to the custody of States or other proper organizations.

However, the Navy Department recommends that any material or equipment in the nature of trophies or relics should be delivered to the custody of the State or of the organization, rather than transferring it permanently, since the Navy Department may wish to recall this material, for some reason, at a future date.

The Navy Department suggests, therefore, amendments to the bill S. 1802, which would provide that the transfer would be in the nature of a bailment, rather than a permanent transfer of title.

The CHAIRMAN. Could not the State government transfer it to the university?

Senator ROBERTSON. Yes, I think they could.

The CHAIRMAN. It is the policy to give these back to the States eventually?

Captain NUNN. Yes, sir.

The CHAIRMAN. And then let the States dispose of those trophies or relics by legislation or otherwise?

Captain NUNN. Yes, sir.

The CHAIRMAN. This would transfer it to a museum in Nevada. Captain NUNN. The Nevada State Museum.

The CHAIRMAN. You would suggest changing that to the State of Nevada?

Senator ROBERTSON. That would be all right, as far as I am concerned.

The CHAIRMAN. Is there a State university in Nevada?

Senator ROBERTSON. I do not know whether there is a State university. There is a university at Reno, a very excellent institution. I imagine it is a State university.

The CHAIRMAN. But there is, at any rate, a State museum?
Captain NUNN. Yes, sir.

The CHAIRMAN. And you are willing to have this historic material go there?

Captain NUNN. Yes, sir.

The CHAIRMAN. What do you think about that, Senator?

Senator ROBERTSON. Well, the museum, as a part of the State, in my opinion, would not get as many people to see those relics; they would not have the publicity and it would not be for the benefit of as many people as if the university were to get these relics.

The university would be, without question, the proper place to display those things.

The CHAIRMAN. If we gave it to the State, we could not dictate to the State authorities where they would put it.

Senator ROBERTSON. Well, in the case of Wyoming, it would go to the State of Wyoming, for the State University.

The CHAIRMAN. Now, couldn't we let them select the place, whether it be the State Museum or the University of Nevada or some other appropriate place?

Captain NUNN. Yes, sir. Mr. Chairman, I notice in a similar Senate bill, S. 1792, Docket 171, regarding the State of Nevada, with reference to material from the battleship Nevada-this was introduced by Senator Carville-that bill authorizes the Secretary of the Navy to transfer to the State of Nevada that material for use as a display in the Nevada State Museum.

The CHAIRMAN. By whom was that bill introduced?

Captain NUNN. Senator Carville. It has some such phraseology as that.

The CHAIRMAN. It is a similar bill to this.

Senator ROBERTSON. That would suit the State of Wyoming, very well, for display.

Captain NUNN. Perhaps S. 1802 could have it transferred to the State of Nevada for display in the Nevada State Museum.

The CHAIRMAN. What were the words that you suggested?

Senator ROBERTSON. It was to be displayed at the University of Wyoming.

The CHAIRMAN. And it could be either the State museum or the State University of Nevada, if they have a university.

Would those amendments change the language of the bill?

Captain NUNN. It would not change the effect, sir, except to call it "custody" rather than "transfer," sir.

The CHAIRMAN. Will you prepare a bill with the suggested amendments? Captain NUNN. Yes, sir.

H. R. 5765

The CHAIRMAN. We will proceed to Docket No. 194, H. R. 5765, a bill authorizing the Secretary of the Navy in his discretion to deliver to the custody of the city of New Orleans the silver service and silver bell presented to the United States for the cruiser New Orleans. (H. R. 5765 is as follows:)

[H. R. 5765, 79th Cong., 2d sess.]

AN ACT Authorizing the Secretary of the Navy in his discretion to deliver to the custody of the city of New Orleans the silver service and silver bell presented to the United States for the cruiser New Orleans

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy is authorized in his discretion to deliver to the custody of the mayor of New Orleans for the Louisiana Historical Museum, for preservation and exhibition, the silver service and silver bell which were presented to the United States for the cruiser New Orleans by the citizens of that city: Provided, That no expense shall be incurred by the United States for the delivery of such silver service. Passed the House of Representatives April 1, 1946. Attest:

SOUTH TRIMBLE, Clerk. The CHAIRMAN. Will you tell us what this bill provides, Captain Nunn?

STATEMENT OF CAPT. IRA H. NUNN, OFFICE OF THE JUDGE ADVOCATE GENERAL

Captain NUNN. This bill is similar, Mr. Chairman, to S. 1802. The Navy Department interposes no objection. This, of course, is a transfer of custody from the Navy to the city for which the cruiser was named.

This bill has already been amended in the House of Representatives to provide for custody rather than transfer.

The CHAIRMAN. This is a House bill, isn't it?

Captain NUNN. Yes, sir.

The CHAIRMAN. And it has the language that the Navy Department wants?

Captain NUNN. Yes, sir.

The CHAIRMAN. It is practically the same as S. 1802?

Captain NUNN. Yes, sir.

The CHAIRMAN Where is this material going to be placed?
Captain NUNN. In the Louisiana Historical Museum.

The CHAIRMAN. Without objection, that bill can be reported; Senator Ellender will report that bill.

Senator, will you report the Nevada bill?

Senator ROBERTSON. Yes, sir; I will be glad to report S. 1802.
The CHAIRMAN. Very well.

Without objection, H. R. 5765 will be reported by Senator Ellender.

H. R. 1498

Captain SAUNDERS. Mr. Chairman, we have a bill in which Senator Tobey and Senator Magnuson are interested, a minor bill.

The CHAIRMAN. What is that bill?

Captain SAUNDERS. It has to do with the correcting of the naval records of former members of the crews of the revenue cutters Algonquin and Onondaga.

The CHAIRMAN. Let me see the bill, please. (H. R. 1498 is as follows:)

[H. R. 1498, 79th Cong., 2d sess.]

AN ACT To correct the naval record of former members of the crews of the revenue cutters Algonquin and Onondaga

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of any laws conferring rights, privileges, or benefits upon persons who served in the naval service of the United States during the War with Spain and were honorably discharged therefrom, each member of the crews of the revenue cutters Algonquin and Onondaga who enlisted in 1898 for the duration of the war shall be held and considered to have been in the naval service for the entire period of service aboard such vessels during the period of the War with Spain and to have received a discharge from the Navy of the same character and of the same date as the discharge received by him from the revenue-cutter service.

Passed the House of Representatives April 1, 1946.
Attest:

SOUTH TRIMBLE, Clerk.

The CHAIRMAN. Is there a controversy about this bill?

Captain SAUNDERS. Yes, sir. As I understand it, it was passed by

the House and Senate but was vetoed.

The CHAIRMAN. Well, I do not think we should take it up without the Senators interested being present.

What was the opposition?

Captain SAUNDERS. I believe that Captain Mumma can tell you better about that than I can.

STATEMENT OF CAPT. MORTON MUMMA, UNITED STATES NAVY, BUREAU OF NAVAL PERSONNEL

The CHAIRMAN. Is the purpose of the bill to bring these men within the pension laws, so that they will get full compensation?

Captain MUMMA. Yes, sir; to bring them within the pension benefits provided for personnel who were in the Spanish-American War.

The bill revolves about the question of whether or not they were enlisted in the naval service or in the revenue-cutter service.

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