[No. 36] THE ACT MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1927 A1-3/A18-(261203)L. NAVY DEPARTMENT, Washington, December 4, 1926. SIR: The act making appropriations for the naval service for the fiscal year ending June 30, 1927, contains the following provision: That the Secretary of the Navy shall have prepared plans and estimates of cost of the remaining three fleet submarines heretofore authorized but not appropriated for, each to have the highest practicable speed and greatest desirable radius of action, such plans and estimates to be in readiness for submission to Congress on the first day of the next regular session, and the appropriations herein made on account of "Increase of the Navy" shall be available, in the discretion of the Secretary of the Navy, for the employment of such additional draftsmen and other technical employees as may be required for the preparation of such plans and estimates, in addition to the regular forces of the bureaus concerned elsewhere provided for in this act. In accordance therewith general plans have been prepared of two types of fleet submarine, one of the mine-laying type and one of the cruiser type. It is estimated that these submarines will cost on account of hull, machinery, and outfit, $5,750,000; on account of armament for the mine-laying type, $850,000; and on account of armament for the cruiser type, $1,020,000. In the event the construction of these vessels is undertaken, it is the department's present intention to build two of the three remaining submarines of the mine-laying type and one of the cruiser type, a division which, with those fleet submarines now under construction, will provide a group of three vessels of each type. Sincerely yours, The Hon. NICHOLAS LONGWORTH, CURTIS D. WILBUR, [No. 37] FOR THE RELIEF OF GEORGE F. NEWHART, CLYDE HAHN, AND DAVID MCCORMICK (H. R. 12421) 26255-892:3 S. NAVY DEPARTMENT, Washington, D. C., December 9, 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 May 26, 1926, forwarding bill H. R. 12421, "For the relief of George F. Newhart, Clyde Hahn, and David McCormick," and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform you as follows: William Edward Benner applied for enlistment at the navy recruiting station, Wilkes-Barre, Pa., on September 25, 1920, and was rejected. Through an error, however, his name appeared among those who enlisted on September 27, 1920, and who were transferred to the naval training station, Hampton Roads, Va. On October 4, 1921, the commanding officer of the naval training station, Hampton Roads, Va., was directed by the Bureau of Navigation to declare Benner a deserter as of the date he should have reported. Accordingly on October 27, 1921, Benner was declared a deserter as of September 28, 1920, and a reward of $50 offered for his apprehension. On November 7, 1921, he was arrested at Lehighton, Pa., and was delivered by the civil authorities to the recruiting station at Philadelphia, Pa., and a reward of $50 paid for his delivery. The attention of the Navy Department was invited to the statement of Benner wherein he claimed that he had never been enlisted, and upon investigation, the Bureau of Navigation, Navy Department, established this fact, and directed that he be immediately released and furnished transportation to his home. It was clearly the fault of the navy recruiting office at Wilkes-Barre that he had been placed in this predicament. Benner brought suit against the claimants who were concerned in his apprehension, alleging false arrest and recovered judgment in the amount named in the bill, $398.76, with interest at 6 per cent. It seems clear from examinations of the decisions of the highest court of the Commonwealth of Pennsylvania, that this judgment should not have been entered against the claimants who were acting in good faith and had every reason to believe that Benner was a deserter from the Navy. They should also have been protected by the receipt of quasi Federal processes emanating from the Navy Department to arrest Benner as a deserter and deliver him to the nearest naval station. The reason for the entry of an erroneous judgment against the claimants is not known to the Navy Department, but it is not felt that the United States should be held responsible for the error of a State judge. on The bill H. R. 12421, which will, if enacted cost the Government $398.76 with interest at 6 per cent from July 2, 1922, was referred to the Bureau of the Budget with the information that the Navy Department contemplated recommending to the Committee Naval Affairs that the bill be not enacted, and under date of November 22, 1926, the Navy Department was informed that the proposed 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. 12421 be not enacted. Sincerely yours, CURTIS D. WILBUR, A BILL For the relief of George F. Newhart, Clyde Hahn, and David McCormick 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 pay, out of the appropriation "Contingent, Navy," for the fiscal year 1927, to George F. Newhart, Clyde Hahn, and David McCormick, share and share alike, the sum of $398.76, together with interest at 6 per centum from July 2, 1922, being the amount paid out by them by reason of expenses incurred by them and judgment rendered against them, through the wrongful arrest of William Edward Benner, under a warrant issued by the United States Navy Department, based upon an erroneous charge that the said William Edward Benner was a deserter from the United States Navy. о |