the Department could not entertain a claim for his reimbursement and so informed the postmaster at New York, N. Y., on August 22, 1929. Since that time he has submitted appeals for relief through the Honorable F. H. LaGuardia, and a member of the New York State Democratic Committee.

The fact that Mr. Roth was made the victim of a swindler is, of course, very much regretted, but there is no provision for relief of an employee in cases similar to this under the Postal Laws and Regulations.

Very truly yours,

ROY M. NORTH,

Acting Third Assistant Postmaster General.

О

JUNE 19 (legislative day, MAY 28), 1940.-Ordered to be printed

Mr. BROWN, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 2014]

The Committee on Claims, to whom was referred the bill (H. R. 2014) for the relief of Margaret Redmond, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

The facts are fully set forth in House Report No. 339, Seventysixth Congress, first session, and in an affidavit by former Congressman Jost of Missouri, which are appended hereto and made a part of this report.

[H. Rept. No. 339, 76th Cong., 1st sess.j

The Committee on War Claims, to whom was referred the bill (H. R. 2014) entitled "A bill for the relief of Margaret Redmond," having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of this bill is to direct the Administrator of Veterans' Affairs to pay to Margaret Redmond the sum representing pension which would have been paid to her husband, James G. Redmond, if his application for pension benefits filed on December 19, 1923, had not been mislaid or lost.

The facts in this case are fully set forth in House Report No. 1907, of the Seventy-fifth Congress, third session, which is hereto appended and made a part of this report.

H. Rept. No. 1907, 75th Cong., 3d sess.

The Committee on War Claims, to whom was referred the bill (H. R. 3045) for the relief of Margaret Redmond, having considered the same, report thereon with the recommendation that the bill do pass with the following amendments:

On page 1, line 6, strike out the numerals "$7,650" and insert in lieu thereof the numerals "$5,257.50."

On page 1, line 9, strike out the words "March 1, 1917" and insert in lieu thereof "December 1, 1923."

The purpose of this bill is to direct the Administrator of Veterans' Affairs to pay to Margaret Redmond the sum representing pension which would have been paid to her husband, James G. Redmond, if his application for pension benefits filed in December 1923 had not been mislaid or lost.

The records show that James G. Redmond served as a private in the United States Army from September 21, 1878, to September 20, 1883, and was actively

engaged in the campaign against the Northern Cheyenne Indians in Dakota Territory during the years 1878 and 1879. He filed an application for pension benefits due veterans of the Indian wars on or about December 1, 1923, through the office of Hon. Henry L. Jost, then Representative in Congress from the Fifth District of the State of Missouri. Affidavits executed by the veteran on March 9, 1936, and in May 1936 show that when no reply was received regarding the pension application he assumed he was not eligible to pension benefits and did not prosecute the matter further. The veteran died in the Veterans' home at Leavenworth, Kans., on September 26, 1936.

Your committee has reviewed the evidence in the case and contends that arrears in pension from the date of filing application through his Representative in Congress, December 1, 1923, to September 30, 1935, the date on which pension benefits were allowed, are due the widow of the veteran at this time. Copies of a letter addressed to the Comptroller General of the United States on October 18, 1924, by Representative Henry L. Jost, and the letter sent to Congressman Jost in reply by the Comptroller General, dated October 22, 1924, concerning the application for pension benefits of James G. Redmond, are appended hereto and made a part of this report, as well as copies of the affidavits executed by the veteran prior to his death attesting to the fact that he had previously filed a claim for pension benefits.

The amendments recommended by the committee provide for payment of arrears in pension from December 1, 1923, to September 30, 1935, since the report of the Veterans' Administrator dated March 27, 1937, and made a part of this report, calls attention to the fact that in the event the declaration for pension benefits had been located subsequent to March 3, 1927, pension could not have been allowed to commence from March 4, 1917, as section 4 of the act of March 3, 1927, provides that after the passage of that act pensions granted under the acts of July 27, 1892, June 27, 1902, and May 30, 1908, as amended by the act of February 19, 1913, or under the act of March 4, 1917, shall commence from the date of filing application therefor.

Report of the Veterans' Administrator, dated September 15, 1937, giving the correct amount of arrears in pension which would be due under the terms of the bill as amended is also appended hereto and made a part of this report.

KANSAS CITY, October 13, 1924.

COMPTROLLER General of THE UNITED STATES,

General Accounting Office, Washington, D. C. GENTLEMEN: Kindly advise what your records show with reference to James Redmond, Company B, Seventh Regiment Cavalry, private under Capt. T. M. McDougall, service at Fort Yates and Fort Lincoln; enlisted September 21, 1878; discharged September 20, 1883.

He is seeking a pension under act of Congress for service in Dakota Territory. Very truly yours,

(Signed)

HENRY L. Jost,
Member of Congress.

OCTOBER 22, 1924.

Hon. HENRY L. JOST,

Member of Congress, Kansas City, Mo.

MY DEAR MR. JOST: Receipt is acknowledged of your letter of the 13th instant requesting such information as the records of this office may show relative to the service of James Redmond, private, Company B, Seventh Regiment of Cavalry. The only records on file in this office in the case of the above-named soldier are his final statements and final pay voucher which contain the following information: James Redmond, a private of Thomas M. McDougall's Company B, Seventh Regiment of Cavalry, was born in Ireland; at date of enlistment was 22 years of age, 5 feet 81⁄2 inches high, light complexion, gray eyes, brown hair, and by occupation a miner; was enlisted by Lieutenant Forbush at St. Louis, Mo., on the 21st day of September 1878, to serve for 5 years and was discharged on September 20, 1883, by reason of expiration of service. He was paid on his final pay voucher as follows:

Pay from Sept. 1 to Sept. 20, 1883, at $13 per month.

$8.67 72.00

29. 33 16.50 3,500.00 274. 06

138.73

4, 039. 29 .08

4,039. 21

If further information is desired relative to the soldier's service it is suggested that you write to The Adjutant General, United States Army, War Department, Washington, D. C.

Sincerely yours,

J. R. MCCARL, Comptroller General.

AFFIDAVIT

I was a soldier in the Indian wars serving as a private of Capt. T. M. McDougall's Company B of the Seventh Regiment of Cavalry from September 21, 1878, to September 21, 1883.

In 1923, I met the son of a man who had served in the same company with me. This man told me that his father was receiving a pension. I went to see Henry L. Jost who was then Congressman from Missouri and talked to him at his office in Kansas City. I made out an application for a pension stating the number of my company, and regiment, and the date of my enlistment and discharge.

Since

I received no reply and heard nothing further, I assumed that I was not eligible for a pension.

In September 1935, I entered the hospital of the Veterans' Home in Leavenworth, Kans., as I was ill. A man there told me that I was eligible for a pension, and I made out the papers which he gave me and signed them. My pension was granted beginning October 1, 1935.

I shall be 85 years of age on May 1, 1936.

I have read the foregoing statements and swear that they are true to my own knowledge and belief.

STATE OF MISSOURI,

County of Jackson, ss:

JAMES G. REDMOND.

On this 9th day of March, in the year 1936, James Redmond, known to me personally, appeared before me and swore that the foregoing statements are true and correct, and signed the same in my presence.

WM. C. FORSEE, Notary Public.

AFFIDAVIT

In September 1935, I was a patient in the hospital of the Veterans' Home in Leavenworth, Kans. While there, I decided to try again to see if I were eligible for a pension. I went to the veterans' pension agent who asked me some questions, and then had me sign my name to some papers. Congressman C. Jasper Bell has sent me a copy of a letter dated March 19, 1936, which he received from the Veterans' Bureau regarding my claim. This letter states that when I executed the application dated September 27, 1935, I stated that I had not previously filed a claim. At the time I signed that application, I did not realize that this question was asked me. If it were asked me, I did not at that time comprehend its meaning. At the time of signing of the application on September 27, 1935, I was ill, and. suffering severe pain from neuritis in my arm. The veterans' agent who made out the papers filled in all the answers on them. I did not personally fill them out. am 85 years of age and am hard of hearing. If he asked me if I had previously filed my application and I answered "No" I misunderstood his question, as I had previously filed an application in 1923 with the Honorable Henry L. Jost, who was at that time Congressman from my district in Missouri.