This legislation seeks special recognition for work done out of the line of an Infantry officers' ordinary duties. It was duty that would not ordinarily fall to an Infantry officer, and it took some 20 years of the best part of General Richardson's life, when his class mates and associates were making military records, which doubtless did establish their rights to promotion, and in many cases secured it.

Before coming down here this morning I picked up a list of the members of the class of 1884 who are members of the Association of Graduates of the Military Academy.

Mr. FURLOW. That was General Richardson's class?

Major EDGERTON. Yes, sir. There were 20 men on that list, and 6 of them were major generals and 2 were brigadier generals.

I think that at the time he left West Point in 1896 his military record compared favorably with the record of any man in that class. One of those men was General Sibert, who profited by the promotion authorized for the officers who served on the Panama Canal. He is a major general on the retired list as a result of that provision. Mr. JAMES. Who are the brigadier generals?

Major EDGERTON. They are General Knight, and General Bellinger.

Mr. JAMES. The others are still colonels?

Major EDGERTON. Some of them. Some of them I did not know. Some of them are civilians.

Mr. JAMES. Who are the other major generals?

Major EDGERTON. General Taylor, General Sibert, General Sturgis, General Babbitt, General Hutcheson, and General Shanks. Mr. SUTHERLAND. You might say a word about his service in Russia.

Major EDGERTON. When the World War broke out Colonel Richardson asked to be assigned to some military duty. He was sent to Camp Lee for a time and later to Camp Bureaugard in Alabama, and he went to France as a brigadier general in command of one of the brigades of the Thirty-fifth Division, I think, near the close of the war. In the fall of 1918 there was some difficulty in connection with American troops in north Russia, and he was assigned speedily to that command and commanded the American troops in north Russia until they were withdrawn. He adjusted the difficulties there which had caused some unfavorable newspaper comment at the time. Mr. JAMES. What regiment was that?

Major EDGERTON. That was a Michigan regiment, I think.
Mr. JAMES. Was that regiment in Siberia?

Major EDGERTON. It was in north Russia.

Mr. JAMES. Was that one of the regiments that had complained about the Secretary of War not bringing them back to the United States?

Major HAMMOND. You are referring to General Richardson's trip to north Russia. I think Mr. James is referring to two regiments in Siberia.

Mr. JAMES. Who had charge of those regiments mostly from Michigan?

Major EDGERTON. I do not know.

Mr. JAMES. It was thought that they were lost?
Major EDGERTON. They were pretty nearly lost.

Mr. FURLOW. We had a case similar to this last year, the case of an instructor at West Point, I think.

Major EDGERTON. That was Colonel Carter, perhaps.

Mr. FURLOW. Because of the fact that he was kept at West Point during the war and not permitted to get the advancement that his classmates had received, we passed a bill last year advancing him to the grade of colonel, as I recall.

(Thereupon the subcommittee adjourned to meet Monday, April 2, 1928, at 10 o'clock a. m.)

HOUSE OF REPRESENTATIVES, SUBCOMMITTEE OF THE COMMITTEE ON MILITARY AFFAIRS, Friday, April 20, 1928. The subcommittee this day met, Hon. J. Mayhew Wainwright (chairman) presiding.

Mr. WAINWRIGHT. This meeting has been called for a hearing on H. R. 4844, introduced by Mr. Evans, of California, to advance Maj. Clarence Edward Lauderdale on the retired list of the Army. The bill and the report of the War Department will be made a part of the hearing.

(The bill and the report referred to are as follows:)

A BILL To advance Major Clarence Edward Lauderdale on the retired list of the Army Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Major Clarence Edward Lauderdale, United States Army, retired, is hereby advanced to the grade of colonel, United States Army, retired, with rank, pay, and allowances to date from December 10, 1921; and that any pay otherwise due but heretofore withheld by reason of a construction of any statutes inconsistent with those foregoing shall be considered due and payable.

Hon. JAMES M. MORIN,

Chairman Committee on Military Affairs,

WAR DEPARTMENT,
Washington, March 7, 1928.

House of Representatives.

DEAR MR. MORIN: In compliance with your request of March 3, 1928, I am pleased to submit the following report on H. R. 4844, a bill to advance Maj. Clarence Edward Lauderdale on the retired list of the Army.

The proposed legislation would advance the beneficiary thereof, who is now a major on the retired list of the Army, to the grade of colonel, United States Army, retired, with rank, pay, and allowances to date from December 10, 1921.

Major Lauderdale served as contract dental surgeon without rank from April 15, 1901, to June 19, 1911; as dental surgeon with the rank of first lieutenant from June 20, 1911, to March 27, 1917. Having failed physically in his examination for promotion, he was retired from active service as a captain March 27, 1917. As a retired officer he was assigned to active duty June 2, 1921, and continued serving under this assignment until June 30, 1922. His total service on the active list and as a retired officer on active duty to June 30, 1922, amounts to 17 years, 12 days. He was advanced to the grade of major on the retired list March 26, 1925, to rank from December 10, 1921, under the provisions of an act of Congress approved March 3, 1925. His promotion to the grade of major was delayed due to a decision of the Comptroller General, that the duty to which Major Lauderdale was detailed subsequent to his retirement was not active duty which could be counted for promotion. The Comptroller General's decision was nullified by the act of March 3, 1925.

The statutory authority for the advancement in rank of retired officers detailed on active duty is found in the following acts of Congress:

Section 24, act June 3, 1916, which provides "That hereafter any retired officer who has been or shall be detailed on active duty shall receive the rank, pay,

k

and allowances of the grade, not above that of major, that he would have attained in due course of promotion if he had remained on the active list for a period beyond the date of his retirement equal to the total amount of time during which he has been detailed on active duty since his retirement."

Section 4, act July 9, 1918, which amends the provision in section 24, act June 3, 1916, above quoted by substituting the word "colonel" for the word "major."

Section 127a, act June 4, 1920, in which the provision pertaining to the promotion of retired officers is merely a repetition of a similar provision in the act of June 3, 1916, as amended by the act of July 9, 1918.

Since June 30, 1922, active duty performed by an officer on the retired list does not entitle such officer to promotion (section 17, act June 10, 1922).

Had Major Lauderdale remained on the active list he could not have been promoted to a grade above that of captain until the approval of the act of October 6, 1917 (40 Stat. 897), because he was without the 24 years' service required by section 10 of the act of June 3, 1916 (39 Stat. 173), as a condition precedent to promotion to a grade above that of captain in the Dental Corps. For the same reason his advancement above the grade of captain on the retired list prior to October 6, 1917, would have been precluded even if he had been assigned to active duty on March 28, 1917, the day following his retirement, so as to make his service continuous. He would have remained in the grade of captain from March 27 to October 6, 1917, a period of six months and nine days, had he remained on the active list. Therefore it was necessary in any event for him to perform active duty as a retired officer in the grade of captain for a period of six months and nine days before any right whatsoever to advancement on the retired list could accrue. As he was not assigned to active duty after his retirement until June 2, 1921, that period of service was not completed until six months and nine days later that is, not until December 10, 1921.

Thereupon he became entitled to advancement upon the retired list; and he suggested that the advancement should be to the grade of colonel, evidently relying upon the provisions of the act of October 6, 1917 (40 Stat. 397), and claiming the benefits of the system of promotion therein prescribed. However, that act is not in force at the present time; and it was not in force in December of 1921, having been superseded, before he had performed any active duty as a retired officer, by section 10 of the act of June 4, 1920 (41 Stat. 767), which prescribed a totally different system of promotion, and retarding promotion by making 12 years' service a condition precedent to the promotion to the grade of major in the Dental Corps, 20 years' service a condition precedent to promotion to the grade of lieutenant colonel, and 26 years' service a condition precedent to promotion to the grade of colonel. Prior to his retirement, Major Lauderdale had been in active service, first as a contract dental surgeon and later as a commissioned officer, a total of 15 years 11 months and 13 days.

On December 10, 1921, he completed a period of active duty after retirement amounting to six months and nine days. On that date his total active service, before and after retirement, aggregated 16 years 5 months and 22 days. This aggregate was not on December 10, 1921, and is not now sufficient to warrant the promotion of an officer either to the grade of lieutenant colonel or to that of colonel on the active list of the Dental Corps, but was on that date and now is sufficient to warrant promotion to the grade of major on that list under the provisions of section 10 of the act of June 4, 1920 (41 Stat. 767). As the active duty performed by Major Lauderdale since December 10, 1921, when added to his prior service, before and after retirement, does not aggregate 20 years, this brings us to the ultimate question in the case: Is Major Lauderdale entitled to advancement, as of December 10, 1921, to the grade of colonel on the retired list, because of the provisions of the act of October 6, 1917 (40 Stat. 397), notwithstanding the fact that they were superseded by the provisions of section 10, act of June 4, 1920 (41 Stat. 767), substituting a different system of promotion and retarding promotion on the active list, before he had performed any active duty as a retired officer; or is his right to advancement limited to the grade of major in view of the latter statute, which is in force now and has been in force during the entire period of his service as a retired officer.

If Major Lauderdale had been assigned to active duty on March 28, 1917, the day following his retirement, so that on October 6, 1917, he would have completed, by active service as a retired officer, the period it was necessary for him to serve in the grade of captain, before attaining eligibility for advancement in view of the statute of the latter date (40 Stat. 397), he would not have been advanced to the grade of colonel on the retired list on that date, but only to the

grade of major, that being the highest grade to which advancement on the retired list was then authorized (sec. 24, act of June 3, 1916, 39 Stat. 183); and had he continued in active service as a retired officer he could not have been advanced to the grade of colonel until July 9, 1918, when the act last cited was amended (40 Stat. 890) so as to authorize advancement on the retired list up to and including the grade of colonel. In other words, beginning on the day following his retirement and extending forward during the World War period, it would have been necessary for him to render active service as a retired officer for 1 year 3 months and 12 days before he could have been advanced to the grade of colonel on the retired list.

On December 10, 1921, the date suggested by Major Lauderdale as the one upon which he should be advanced to the grade of colonel, he had rendered active service as a retired officer for but 6 months and 9 days, and at the date of this writing his active service as a retired officer totals only 1 year and 29 days. Therefore, to advance him to the grade of colonel on the retired list as of December 10, 1921, or as of the present time would be to advance him for less service rendered during ordinary times than it would have been necessary for him to render during the World War period immediately following his retirement to attain the same advancement.

After careful consideration of this case, I can find no justification for the advancement of Major Lauderdale to a higher grade than major, and therefore recommend that H. R. 4844 be not favorably considered by your committee and be not enacted into law.

Any further information in connection with this subject which your committee may desire will be gladly furnished.

Sincerely yours,

C. B. ROBBINS,

Acting Secretary of War.

Mr. WAINWRIGHT. Mr. Evans and Major Lauderdale are both here. We will be very glad to hear you, Major, but if Mr. Evans has a statement to make we will hear him first.

STATEMENT OF HON. W. E.
CONGRESS FROM THE

EVANS, A REPRESENTATIVE IN
STATE OF CALIFORNIA

Mr. EVANS. Mr. Chairman, I think more would be accomplished by permitting Major Lauderdale to state the conditions to the committee.

Mr. WAINWRIGHT. Major Lauderdale is now on the retired list with the rank of major?

Mr. EVANS. Yes. He claims he is entitled to the rank of colonel by reason of service rendered or performed on active duty since his original retirement.

Mr. WAINWRIGHT. Will you proceed, Major Lauderdale? Will you give your full name and rank to the reporter?

STATEMENT OF MAJ. CLARENCE EDWARD LAUDERDALE, UNITED STATES ARMY, RETIRED

Major LAUDERDALE. I am Maj. Clarence Edward Lauderdale, United States Army, retired.

Mr. WAINWRIGHT. Where do you live?

Major LAUDERDALE. In Pasadena, Calif.

Mr. WAINWRIGHT. You are now on the retired list of the Army? Major LAUDERDALE. I am, sir.

Mr. WAINWRIGHT. What is your age?

Major LAUDERDALE. Fifty-four.

Mr. WAINWRIGHT. Will you state briefly when you entered the Army and what your service has been, carrying it right down to date, as rapidly as possible. State how you entered the Army, in what

branch, how long you served, when you were retired, and then give your active service when you were called back.

Major LAUDERDALE. I entered the Army April 15, 1901, and continued on the status of contract dental surgeon until June, 1911, when I was commissioned as a first lieutenant in the Dental Corps, the Dental Corps having been created as a new corps at that time.

On March 27, 1917, I was found disqualified for advancement in grade on account of disability incident to the service, and was placed on the retired list with the rank of captain.

On June 2, 1921, I accepted active duty as a retired officer and continued on such active duty until June 15, 1926. That is briefly a statement of my service.

Mr. WAINWRIGHT. You may proceed with the statement of your

case.

Major LAUDERDALE. Mr. Chairman, I believe it is wise to present the law in the case first because it is so brief.

It is paragraph 9 of section 127a of the national defense act as amended on June 4, 1920, reading as follows:

That hereafter any retired officer who has been or shall be detailed on active duty shall receive the rank, pay, and allowances of the grade, not above that of colonel, that he would have attained in due course of promotion if he had remained on the active list for a period beyond the date of his retirement equal to the total amount of time during which he has been detailed on active duty since his retirement.

The law is very plain and couched in words that are hard to misconstrue. There is no mention in the statutes of promotion by recommission nor of promotion by seniority, nor of promotion under previous or subsequent statutes, nor of any changed system of promotion, nor of any system to retard promotion, but simply and clearly the statute says, "shall receive the rank, pay, and allowances of the grade, not above that of colonel, that he would have attained in due course of promotion if he had remained on the active list of the Army and not been retired."

The reason for the passage of that act was that Congress believed that retired officers performing active duty after retirement at their own request perform necessary, good, serviceable duty and should be rewarded by allowing them to count that service after retirement; in fact, add it to their active service previous to retirement in computing their advancement in grade.

The principle of the law, in fact, was right, and Congress saw that it was right. The principle of the law is right to-day, but Congress saw fit, on June 30, 1922, to repeal that act, it being the year when all expenses were curtailed, the Army was cut down, and all expenses were reduced to a minimum. So Congress did, on June 30, 1922, repeal that act and it was no longer in effect.

My service entitling me to promotion under this act was accomplished previous to the rescinding of that particular paragraph of the law.

The grade I would have attained in due course of promotion, had I remained on the active list, has not been fixed by myself but by the records of the War Department, in their official statement.

May I read a paragraph of a communication from The Adjutant General, by direction of the Secretary of War, as follows:

If Captain Lauderdale had remained on the active list for a period of 1 year 4 months and 3 days beyond the date of his retirment he would have attained