date of August 3, 1926, the Navy Department was informed that this report would not be in conflict with the financial program of the President.

In view of the foregoing, the Navy Department recommends that the bill H. R. 12577 be enacted.

Sincerely yours,

T. DOUGLAS ROBINSON,
Acting Secretary of the Navy.

A BILL For the relief of Farrah Dane Richardson

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 accept for enlistment in the Navy, without regard to physical or other qualifications, Farrah Dane Richardson, formerly chief electrician's mate, United States Navy, in the rating held by him when last discharged therefrom, and to transfer him immediately to the Fleet Naval Reserve in that rating and with all the benefits and emoluments thereof which he would have been entitled to receive had he been transferred thereto under the provisions of the act of August 29, 1916 (volume 39, Statutes at Large, page 589), at date of his discharge from the naval service at expiration of enlistment, August 25, 1921.

[No. 25]

FOR THE RELIEF OF MELVIN GORDON ELDRED (H. R. 12580)

26255-1175-L.

NAVY DEPARTMENT, Washington, December 6, 1926.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of June 3, 1926, inclosing the bill (H. R. 12580) for the relief of Melvin Gordon Eldred, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows:

The records of the Navy Department show that Melvin Gordon Eldred enlisted in the Navy at Minneapolis, Minn., on March 15, 1916. While holding the rating of seaman, second class, he was tried and convicted by general court-martial on August 12, 1918, on the charge of scandalous conduct tending to destruction of good morals (three specifications, alleging unlawful possession of watch and miscellaneous clothing, total value $14.20), and was sentenced to confinement for a period of two years, dishonorable discharge, and accessories. The proceedings, findings, and sentence of the general court-martial were approved by the convening authority on August 22, 1918, and the naval prison, Portsmouth, N. H., was designated as the place of confinement.

Pursuant to the recommendation of a board of medical survey, the Secretary of the Navy on May 22, 1919, directed that so much of the unexecuted portion of the sentence in this case as related to confinement at hard labor, with corresponding forfeiture of pay, be remitted and that Eldred be discharged from the service as soon as practicable in accordance with the remaining terms of his sentence. Eldred was accordingly dishonorably discharge from the service on June 3, 1919.

The following additional offenses were committed by Eldred during his period of service in the Navy:

August 18, 1916: Absent over leave 12 p. m. August 13, 1916, to 11.50 p. m. August 14, 1916; summary court-martial.

November 8, 1916: Absent over leave from October 23, 1916; declared a deserter.

April 29, 1917: Surrendered; punishment awarded not shown in record.

April 4, 1918: Failing to obey lawful order; deck court.

Enactment of the bill H. R. 12580 will result in no additional cost to the Navy. However, this bill was referred to the United States Veterans' Bureau for information as to the probable cost involved in the event of its enactment, so far as that bureau is con(83)

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cerned, and under date of July 10, 1926, the director replied in part as follows:

It is not found practicable to make any estimate of the probable cost of this proposed legislation in the nature of expenditures by this bureau.

Where

Any expenditures by this bureau would be in the nature of the payment of disability benefits, which payment, if otherwise in order, is contingent upon a determination as to the nature and extent of such disabilities, both at the present time, during the period from the date of discharge to the present time and hereafter. The payment of any such disability benefits, however, is barred by specific provision of the statutes because of the nature of this man's discharge. the payment of any benefit, which might otherwise be due, is so barred by the nature of discharge, the bureau does not proceed with a determination of the facts which would govern a decision as to the payment or nonpayment of benefits from other standpoints. Hence, unless and until the bar to the payment of disability benefits shall have been removed, there will have been no determination by the bureau as to whether any benefits would otherwise be payable and, if so, the extent of those benefits. It is still further pertinent to remark that even though such a determination had been made, it would decide only the extent of benefits, which had already become due and would in nowise enable the bureau to determine what furtherance of those benefits would be payable in the future. The extent of such furtherance of benefits would be dependent upon the continued survival of the veteran and upon the extent of whether his condition might improve or become worse in the future.

The bill H. R. 12580 was referred to the Bureau of the Budget with the above information as to cost and a statement to the effect that the Navy Department contemplated making an unfavorable report on the bill, and under date of August 3, 1926, the director advised the Navy Department that this report would not be in conflict with the financial program of the President.

In view of the foregoing and the fact that this proposed legislation is individual in character and is not for the general good of the naval service, the Navy Department does not recommend the enactment of the bill H. R. 12580.

Sincerely yours,

T. DOUGLAS ROBINSON,
Acting Secretary of the Navy.

A BILL For the relief of Melvin Gordon Eldred

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, and benefits upon honorably discharged sailors, Melvin Gordon Eldred, who was an apprentice seaman, second class, United States Navy, shall hereafter be held and considered to have been discharged honorably from the naval service of the United States on the 3d day of June, 1919: Provided, That no bounty, back pay, pension, or allowance shall be held to have accrued prior to the passage of this act.

О

[No. 26]

FOR THE RELIEF OF LIEUT. COMMANDER J. A. GUTHRIE, UNITED STATES NAVY, RETIRED (H. R. 12525)

26256-372:5-L.

NAVY DEPARTMENT, Washington, December 6, 1926.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of June 1, 1926, inclosing the bill (H. R. 12525) for the relief of Lieut. Commander J. A. Guthrie, United States Navy, retired, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows:

The records of the Navy Department show that J. S. Guthrie was commissioned an assistant surgeon in the Navy from January 27, 1892; was promoted to passed assistant surgeon from March 5, 1897; was given the rank of lieutenant, Medical Corps, from March 3, 1899; was promoted to surgeon from December 15, 1904. On March 23, 1906, he was transferred to the retired list with the rank of lieutenant commander, Medical Corps, United States Navy, in accordance with section 1453, Revised Statutes. On May 27, 1918, he was recalled to active duty and served until December 5, 1918, when he was released from active duty. Since that time Lieutenant Commander Guthrie (Medical Corps), retired, has performed no active naval service.

Lieutenant Commander Guthrie (Medical Corps), retired, now seeks to be advanced to the rank and pay of a captain on the retired list of the United States Navy from June 26, 1906. There appears to be nothing of record in the case of this officer which would warrant such an unusual advancement, this officer having had only 15 years of active service in the Navy.

Attention is invited to the fact that the act making appropriations for the naval service for the fiscal year ending June 30, 1907, was approved on June 29, 1906 (34 Stat. 553), and not on June 26, 1906, as stated in the bill, H. R. 12525. Furthermore, a careful examination of the act just mentioned fails to disclose any provision therein which would entitle Lieutenant Commander Guthrie (Medical Corps), retired, to the benefits provided in the bill under consid

eration.

The Navy Department suggests that the title of the bill H. R. 12525 be amended by inserting therein, after the name "Guthrie," the words "Medical Corps."

The bill H. R. 12525 was referred to the Bureau of the Budget with information that if enacted it would result in an immediate cost to the Government of $16,511.46, and an annual cost of $825 thereafter, and a statement to the effect that the Navy Department contemplated making an unfavorable recommendation thereon. Under date of July 2, 1926, the Navy Department was informed that

this report on the bill H. R. 12525 would not be in conflict with the financial program of the President.

In view of the above and the fact that this proposed legislation is individual in character and is not for the general good of the naval service, the Navy Department recommends that the bill H. R. 12525 be not enacted.

Sincerely yours,

T. DOUGLAS ROBINSON,

Acting Secretary of the Navy.

A BILL For the relief of Lieutenant Commander J. A. Guthrie, United States Navy, retired

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That J. A. Guthrie shall have the rank and pay of a captain in the Medical Corps on the retired list of the United States Navy from the 26th day of June, 1906, in accordance with a provision contained in the naval appropriation act approved on that date.