this man surrendered himself and was court-martialed and then when the next national emergency arose he offered his services again and served in a quasi military capacity in carrying munitions across the ocean, and in cases of that kind it has been the policy of the committee to recommend the removal of a dishonorable discharge. I move that the bill be favorably reported and amended with the understanding that he shall draw no back pension. The motion was agreed to. (Thereupon the committee proceeded to the consideration of other business.) HOUSE OF REPRESENTATIVES, The committee this day met, Hon. Thomas S. Butler (chairman) presiding. The CHAIRMAN. We will take up for consideration H. R. 6429, introduced by Mr. Lineberger, to correct the naval record of Daniel E. Shea. [H. R. 6429, Sixty-ninth Congress, first session] A BILL To correct the naval record of Daniel E. Shea 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 be, and he is hereby, authorized and directed to review the naval record of Daniel E. Shea, formerly chief master of arms, United States Navy, to remove the charge of desertion against the said Daniel E. Shea and to grant him an honorable discharge. Mr. VINSON. This case is not meritorious, in my judgment, because this man never returned. The record in this case shows that Daniel Shea first enlisted in the Navy on May 13, 1880, as a fireman, first class, and was discharged with an ordinary discharge on May 29, 1883. He reenlisted as a fireman, first class, on January 27, 1894, and was discharged with an honorable discharge as water tender on May 29, 1897. He reenlisted on June 28, 1897, as a plumber and fitter, and was discharged as a chief master-at-arms, with an ordinary discharge, on January 27, 1900. He reenlisted as a chief master-at-arms on July 12, 1900, and deserted from the service on January 24, 1902. He has never since returned to naval jurisdiction and consequently has never been tried and convicted for the offense mentioned. If he had returned and had served in some capacity during the World War, I would be in favor of removing the charge against him. (On motion of Mr. Vinson, the bill was ordered adversely reported.) (Thereupon the committee proceeded to the consideration of other business.) HOUSE OF REPRESENTATIVES, The committee this day met, Hon. Thomas S. Butler (chairman) presiding. The CHAIRMAN. We will take up for consideration H. R. 5881, introduced by Mr. Lineberger, to correct the naval record of Robert F. Rife. [H. R. 5881, Sixty-ninth Congress, first session] A BILL To correct the naval record of Robert F. Ri e Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of the laws of the United States, Robert F. Rife, formerly an enlisted man in the United States Navy, shall be regarded as having been honorably discharged from the United States Navy from August 31, 1919: Provided, That no back pay, allowances, or other emoluments shall be held to have accrued prior to the passage of this act. Mr. VINSON. This is the case of a man charged with breaking arrest and being absent from station and duty without leave. STATEMENT OF HON. WALTER F. LINEBERGER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. LINEBERGER. Mr. Chairman, we have a population of 1,200,000 in our district, and this committee could only allow one case, and only reported one, and that bill was passed by unanimous consent. I have five times as many people as there are in a normal congressional district. Mr. VINSON. Mr. Chairman, this bill is to remove a dishonorable discharge from the record of a man sentenced to serve 18 months for breaking arrest and for being absent from station without leave. Mr. BRITTEN. What was he arrested for? Mr. VINSON. The record of the department shows that he first enlisted at Los Angeles, Calif., as an apprentice seaman on November 29, 1916, for minority. On March 24, 1919, he was tried by general court-martial on board the U. S. S. Pittsburgh on the charges of breaking arrest and absence from station and duty without leave. He was found guilty of both charges and specifications thereunder and sentenced to confinement for three years, dishonorable discharge, and accessories. The sentence adjudged was approved by the convening authority in 1919, but the period of confinement was reduced to 18 months. On May 5, 1919, the department reduced the confinement to one year, and on August 20, 1919, directed that the unexecuted period of confinement be remitted and that Rife be discharged from the service as soon as practicable in accordance with the remaining terms of his sentence. Accordingly, Rife was dishonorably discharged from the Navy on August 31, 1919. Mr. LINEBERGER. He afterwards enlisted in the National Guard of California and has a character discharge, character excellent, service honest and faithful. He is a member of the fire department at Long Beach now. Mr. VINSON. He has no military record in the World War, and for that reason, on account of our standard, we had to make an unfavorable report, as much as we hated to do so. (Thereupon, the committee proceeded to the consideration of other business.) HOUSE OF REPRESENTATIVES, The committee this day met, Hon. Thomas S. Butler (chairman) presiding. The CHAIRMAN. We will take up for consideration H. R. 10290, introduced by Mr. Lineberger, for the relief of Kenneth M. Orr. [H. R. 10290, Sixty-ninth Congress, first session] A BILL For the relief of Kenneth M. Orr Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of the compensation laws and laws conferring rights and privileges upon honorably discharged soldiers, sailors, marines, and so forth, their widows and dependent relatives, Kenneth M. Orr shall hereafter be held and considered to have been discharged honorably from the United States Navy as a fireman, first class, November 20, 1922. Mr. VINSON. Mr. Chairman, the record of the Navy Department shows that Kenneth Murray Orr enlisted at Los Angeles, Calif., as an apprentice seaman, on April 11, 1919, for minority. He gave as his date of birth December 23, 1901. On August 17, 1921, he extended his enlistment for two full years, making the date of expiration December 22, 1924. On August 11, 1922, he deserted from the naval training station, Hampton Roads, Va., and surrendered at the submarine base, San Pedro, Calif., on September 16, 1922. He deserted at Hampton Roads August 11, 1922, and went home to San Pedro and surrendered September 16, 1922, having just about time enough to get across the country. He was tried by general court-martial and convicted of absence from station and duty without leave and was dishonorably discharged as a result of the sentence of the court on November 21, 1922. The bill was referred to the Veterans' Bureau for a statement of cost, and that bureau reported as follows: Inasmuch as no claim for compensation has ever been filed by Kenneth M. Orr or his dependents, the bureau has no information upon which to base an estimate of the cost which might be entailed through the enactment of this special bill. There is something in this case showing that some one in his family was sick and for that reason he deserted. Here is what he says: I was in the Navy from 1919 to 1922, and served all but the last year on the Pacific coast. He also served in the World War. He goes on to say: I was transferred from U. S. S. Mississippi on my own request to the Machinist Mate School at Hampton Roads, Va., via Great Northern. While there I became sick and spent about three weeks in the hospital with rheumatism. After I came out of the hospital I was transferred to wait for duty in Mediterranean Sea. I put in a request to be transferred back to the Pacific coast at my own expense but was denied permission even to see the captain. I was homesick and discouraged, so I took matters in my own hands and came home. When I arrived I voluntarily gave myself up to naval authorities at submarine base, San Pedro, Calif. I was taken to San Diego and tried by general courtmartial and the result was a dishonorable discharge. Mr. LINEBERGER. How old was he? Mr. VINSON. He was 19 or 20 years of age. The only reason he deserted was because he did not want to go to the Mediterranean, but wanted to go home. Mr. BRITTEN. He had service in the World War? Mr. VINSON. His period of enlistment was from 1919 to 1922, so the period of enlistment had not expired when he deserted. I think this would be a bad precedent to set up. Mr. UPDIKE. I think we ought to report out all bills of that kind for that year because in 1923 one-third of the entire personnel of the Navy was court-martialed, in some degree. Mr. VINSON. They did not desert. Mr. UPDIKE. It does not make any difference; they were courtmartialed. The CHAIRMAN. As a general rule, when a man went into the war after he had deserted, we have supported him. Mr. VINSON. This bill has passed the Senate. Of course, it is not up to the standard we usually require. But when my two distinguished colleagues on both sides ask for this bill, I am inclined to think I will have to accede to this request. Mr. MAGEE. I move that the bill be reported favorably. (The motion was agreed to.) (Thereupon, the committee adjourned.) [No. 131] HEARING ON THE BILL (H. R. 16771) TO AUTHORIZE THE APPRAISAL OF CERTAIN GOVERNMENT PROPERTY, AND FOR OTHER PURPOSES HOUSE OF REPRESENTATIVES, The committee this day met, Hon. Thomas S. Butler (chairman) presiding. The CHAIRMAN. We will take up for consideration H. R. 16771, a bill to authorize the appraisal of certain Government property, and for other purposes. What is this bill for, Admiral Campbell? [H. R. 16771, Sixty-ninth Congress, second session] A BILL To authorize the appraisal of certain Government property, and for other purposes 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 be, and he is hereby, authorized to cause the property of the Government used under the contract of October 16, 1924, and renewals thereof, for the furnishing of electric current to the naval ordnance plant at South Charleston, West Virginia, to be appraised, as provided for in said contract, by three persons as a preliminary to the purchase of said property by the contractor, the three appraisers to consist of one person selected by the Secretary of the Navy one by the contractor, and the third by the two first so selected, as stipulated in the contract. The person selected and detailed by the Secretary of the Navy for said purpose, who shall be an officer of the Navy, and such persons as may be detailed by the Secretary to assist him, shall serve without additional compensation, except travel and subsistence in accordance with law. One-half of the fee and expenses of the third appraiser, not in excess of $10,000, as the Secretary may approve, shall be payable from the appropriation "Ordnance and ordnance stores," under the Navy Department, which is hereby made available for the purpose. Admiral CAMPBELL. This bill is at the request of the Bureau of Ordnance. The Assistant Chief of the Bureau of Ordnance is here. He will explain the bill to you. STATEMENT OF CAPT. J. O. RICHARDSON, ASSISTANT CHIEF, BUREAU OF ORDNANCE, NAVY DEPARTMENT The CHAIRMAN. If we part with this power plant, then when we want power again we will have to pay for the power? Captain RICHARDSON. This is the situation, Mr. Chairman. When the Army built the plant at Nitro, W. Va., it contracted with the Virginia Power Co. to supply it with electric power. The Virginia Power Co.'s plant was not large enough to take on the load. So the War Department built and erected in the building that belonged to the Virginia Power Co., 10 boilers, alternators, and transformers, and entered into a contract for the supplying of power. When the War Department abandoned Nitro they turned over to the Navy Department their interest in this power plant, and the contract, which has been renewed every year. That contract (733) 20038-27-No. 131 |