charge; cost of transportation with subsistence and transfer en route, furnished upon discharge to his home or place of enlistment.

The proceedings, findings, and sentence of the general court-martial in the case of Edwin I. Chatcuff were approved by the Secretary of the Navy on July 15, 1926, and the naval prison, Portsmouth, N. H., was designated as the place of confinement. The date of approval, July 15, 1926, was the date upon which Chatcuff's sentence became effective.

On February 16, 1928, the Secretary of the Navy took the following action in Chatcuff's case:

"In view of the obvious mistake in identity in the case of the subject-named man, as set forth in the letter of the Judge Advocate General of February 4, 1928, of which a copy is attached hereto, and of the recommendations of the Judge Advocate General and the Chief of the Bureau of Navigation, so much of the unexecuted portion of the sentence of the general court-martial in his case as relates to confinement at hard labor is remitted and he will be discharged from the service as soon as practicable with such character of discharge as his service record warrants; disregarding entirely his conviction by general court-martial approved by the Navy Department on July 15, 1926, in determining the character of discharge.'

Pursuant to the foregoing action, Chatcuff was honorably discharged from the naval service on February 21, 1928. At the instance of the Navy Department he was also granted a presidential pardon.

The Navy Department was without power to restore to him his former rating of storekeeper, first class, for the reasons that he had been reduced to the rating of an apprentice seaman on the date of approval of the court-martial, namely, July 15, 1926; that the Secretary of the Navy's action on February 16, 1928, could only extend to that portion of his sentence which remained unexecuted on that date; and that Chatcuff's enlistment expired prior to his discharge. Likewise the Navy Department could not remit that portion of his sentence which provided for forfeiture of Chatcuff's pay, as it had already been executed. Subsequent to his discharge Chatcuff was reenlisted in the naval service as a storekeeper second class, and has since been advanced in rating to that of storekeeper first class.

In order to place Chatcuff in the position he would have been had it not been for his erroneous conviction by court-martial, legislation is necessary, which will restore to him his rating of storekeeper first class, from July 15, 1926, to Febru ary 21, 1928, with the pay of that rating, and which will allow him to count the time he served in prison as continuous service.

It is recommended that the bill (H. R. 13721) be amended to read as follows: "That the Secretary of the Navy is hereby authorized and directed to correct the naval service record of Edwin I. Chatcuff, storekeeper, first class, United States Navy, so as to restore to him the rating of storekeeper, first class, from July 15, 1926, to February 21, 1928, with the pay of that rating during this period and so as to have such period of time computed as time served in the Navy in an active-duty status."

The proposed legislation, if amended as suggested above and enacted, will result in a charge against the naval appropriations of approximately $1,800.

The bill (H. R. 13721) was referred to the Bureau of the Budget with the above information. Under date of September 7, 1928, the Director of the Bureau of the Budget advised the Navy Department that the proposed legislation is not in conflict with the financial program of the President, if amended as herein suggested.

In view of the foregoing, the Navy Department recommends that the bill (H. R. 13721) be enacted if amended as herein proposed.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

Hon. CLARK BURDICK,

MILWAUKEE, Wis., January 7, 1929.

Member of Congress, House Office Building,

Washington, D. C.:

Am unavoidable detained on account of illness of my wife and can not appear Monday morning before your subcommittee for bill (H. R. 13721) for the relief of Edwin I. Chatcuff. The amendment of the Navy Department is acceptable

to me. Will highly appreciate favorable action by you and committee on this bill, which simply intends to remedy a great wrong done to a man in the service of our country. VICTOR L. BERGER.

Mr. BURDICK. Has the Navy Department anything else to say about this case?

Commander WILKINSON. Nothing, sir; the suggested amendment of the department is almost identical with the bill in its present form, except the last clause. The last clause of the pending bill is unnecessary, because action contemplated by it has already been taken as an administrative matter. Commander Hill, who is here, has the facts in the case, if the committee desires them.

Mr. BURDICK. The Navy Department is convinced that an error was made and an injustice was done this man?

Commander WILKINSON. Yes, sir; the department can not restore this man to his former rating of storekeeper first class, during the period of his confinement; the Secretary's action in February, 1928, could only extend to that portion of his sentence which remained unexecuted on that date. Again, the Navy Department could not remit that portion of his sentence which provided for forfeiture of his pay, as it had already been executed. In order to place this man in the position he would have been had it not been for his erroneous conviction by court-martial, legislation is necessary to restore him his rating of storekeeper first class, from July 15, 1926, to February 21, 1928, with the pay of that rating, and to allow him to count the time he was confined as continuous service.

Mr. HALE. Does this bill do everything that may be done to restore the man?

Commander WILKINSON. It treats him as though he had been continuously in the Navy.

Mr. HALE. Would he lose any pay?

Commander WILKINSON. No, sir; neither pay nor credit for service. Mr. HALE. All that remains is the dishonor that he has experienced, and that can not be remedied.

Commander WILKINSON. Yes.

Mr. HALE. This proposed amendment would clear up the whole case satisfactorily?

Commander WILKINSON. Yes.

Mr. HALE. This was merely a case of mistaken identity?

Commander WILKINSON. This man was present in the house

where this offense was committed and it was believed at the time of his trial that he was implicated in the practice. It was a miscarriage. of justice, but the man was present where the offense was committed, and the error by the court was proved by subsequent testimony by another man, who was in desertion at the time of the trial of Chatcuff and, of course, did not then testify.

Mr. HALE. If we pass the bill with the suggested amendment, this man will be restored to all his rights?

Commander WILKINSON. Yes, sir. He already has a presidential pardon.

Mr. HALE. I move that we pass the bill in accordance with the suggested amendment of the Navy Department.

Mr. BURDICK. In the absence of objection, that will be done.

О

FOR THE RELIEF OF LIEUT. (JUNIOR GRADE) VICTOR B. TATE, UNITED STATES NAVY, AND PAUL FRANZ, TORPEDO MAN (THIRD CLASS), UNITED STATES NAVY

NAVY DEPARTMENT, Washington, January 5, 1929.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: There is inclosed herewith a copy of a letter, together with a copy of a proposed bill for the relief of Lieut. (Junior Grade) Victor B. Tate, United States Navy, and Paul Franz, torpedo man (third class), United States Navy, this day forwarded to the Speaker of the House of Representatives.

Sincerely yours,

CURTIS D. WILBUR,

Secretary of the Navy.

L11-15/00-Tate, Victor B(280617) L. R.

NAVY DEPARTMENT, Washington, January 5, 1929.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: I have the honor to transmit herewith a draft of a bill for the relief of Lieut. (Junior Grade) Victor B. Tate, United States Navy, and Paul Franz, torpedo man (third class), United States Navy.

The purpose of this bill is to pay to the above-named persons $300 and $290, respectively, to reimburse them for money placed with a supply officer of the Navy for safekeeping and lost by his defalcation.

The officer who defaulted has recently been tried by general court-martial, convicted of embezzlement, and sentenced to three years' imprisonment and dismissal from the service. He has been dismissed from the Navy and is now serving the remaining part of his sentence in a prison on the west coast.

While the United States is not legally liable for the return of money deposited with disbursing officers of the Navy for safekeeping, the Navy Department considers that there is a moral responsibility resting on the Government. Provision is made in article 1779 of the United States Navy Regulations, with a view to cultivating habits of thrift, for the receipt by disbursing officers of money for safekeeping. This provision of the regulations has particular reference to the enlisted personnel, yet the reasons for its application to enlisted personnel apply with equal force to the junior officers. This moral responsibility has been recognized by the Congress in the past and items for reimbursement of such sums lost by the defalcation of supply officers have been incorporated in appropriation and deficiency bills.

The proposed legislation will involve additional cost to the Government of $590.

The proposed legislation was referred to the Bureau of the Budget with the above information as to cost. Under date of December 20, 1928, the Director of the Bureau of the Budget advised the Navy Department that the proposed legislation is not in conflict with the financial program of the President.

In view of the foregoing, the Navy Department recommends that the proposed legislation be enacted.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL For the relief of Lieutenant (Junior Grade) Victor B. Tate, United States Navy, and Paul Franz, torpedo man (third class), United States Navy

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sums of $300 and $290, respectively, to reimburse Lieutenant (Junior Grade) Victor B. Tate, United States Navy, and Paul Franz, torpedo man (third class), United States Navy, for money placed for safekeeping with a supply officer of the Navy, and lost by his defalcation.