TO AMEND SECTION 1440 OF THE REVISED STATUTES OF THE UNITED STATES (S. 2410)

OR ES17 (280806) L.

NAVY DEPARTMENT,

Washington, November 26, 1928.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: My attention has been brought to the bill (S. 2410) to amend section 1440 of the Revised Statutes of the United States, which passed the Senate on March 6, 1928, and is now pending before the committee of which are you chairman.

The purpose of the proposed legislation is to amend section 1440 of the Revised Statutes of the United States so as to permit retired officers of the Navy to accept or hold an appointment in the Consular or Diplomatic Service.

Section 1440 of the Revised Statutes, as set forth in the United States Code, title 34, section 226, provides:

If any officer of the Navy accepts or holds an appointment in the Diplomatic or Consular Service of the Government, he shall be considered as having resigned his place in the Navy, and it shall be filled as a vacancy.

Not many of the retired officers of the Navy could be appointed to such positions on account of their age or physical condition. For the few who could accept or hold an appointment in the Diplomatic or Consular Service, the Navy Department views the removal of the restriction against their appointment to such service as most desirable, and, therefore, recommends that the bill (S. 2410) be enacted. The bill (S. 2410), if enacted, will not result in any increased cost to the Government.

Sincerely yours,

T. DOUGLAS ROBINSON,
Acting Secretary of the Navy.

AN ACT To amend section 1440 of the Revised Statutes of the United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1440 of the Revised Statutes of the United States be amended by adding at the end thereof the following new sentence: "Provided, however, That the foregoing provision shall not apply to any officer of the Navy on the retired list."

PROVIDING FOR SUNDRY MATTERS AFFECTING THE NAVAL

SERVICE

00-Barnes, Archy W/L10-5(281106)L.

NAVY DEPARTMENT, Washington, November 27, 1928.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Referring to the bill (H. R. 9352) providing for sundry matters affecting the naval service, a draft of which was referred to you by the Navy Department on January 12, 1928, and to which were added two sections transmitted by letter of May 23, 1928, the purpose being to relieve various disbursing officers of the Navy of certain charges standing against them in their accounts, I have the honor to submit herewith a draft of two more sections and to request that they be added to the bill.

The first item of the inclosed draft authorizes and directs the Comptroller General to credit the accounts of Lieut. Archy W. Barnes, Supply Corps, United States Navy, in the amount of $804, which sum represents payments made to Willie Perry Conway, aviation machinist's mate, Fleet Naval Reserve, for retainer pay during the period from July 1, 1926, to June 30, 1927, disallowed by the Comptroller General in Statement of Difference K-30398-N dated July 31, 1928.

The second item of the inclosed draft authorizes and directs the Comptroller General to credit the accounts of Lieut. Arthur W. Babcock, Supply Corps, United States Navy, in the amount of $402, which sum represents payments made to Willie Perry Conway, aviation machinist's mate, Fleet Naval Reserve, for retainer pay during the period from July 1, 1927, to December 31, 1927, disallowed by the Comptroller General in Statement of Difference K-25607-N, dated April 28, 1928.

The disallowances above referred to represent further payments of retainer pay to Conway covering periods subsequent to the period covered in the case of Captain Seibels, Supply Corps, United States Navy, mentioned in section 19 of the bill H. R. 9352, the circumstances of which case were as follows:

In a decision dated August 31, 1923, Review 4285, the Comptroller General held that Conway was not eligible for transfer to the Fleet Naval Reserve, and that such transfer was illegal. As a result of this decision, Captain Seibels, Supply Corps, United States Navy, protested further payments to Conway and in a letter dated April 1, 1925, the Secretary of the Navy directed payment of retainer pay in Conway's case from and after July 10, 1923, the date of his transfer to the Fleet Naval Reserve. This order of the Secretary of the Navy was based on two opinions of the Attorney General. (The first, dated July 17, 1924, 34 Atty. Gen. Op. 250, and the second in the

form of a letter to the Secretary of the Navy dated February 5, 1925.) The Conway case was reconsidered by the Comptroller General under dates of November 24, 1924 (Review No. 4285, reconsideration); March 17, 1925 (4 Comp. Gen. 773); August 19, 1925 (R-4285); and April 15, 1926 (5 Comp. Gen. 722), but the original finding was sustained.

The payments mentioned in the cases of the two officers named above having been made in accordance with orders of the Secretary of the Navy, the Navy Department considers that said officers were without fault or negligence in connection therewith.

The inclosed draft was referred to the Bureau of the Budget with the above information and a statement that the Navy Department contemplated recommending to the Congress that the two sections referred to be enacted. Under date of November 20, 1928, the Director of the Bureau of the Budget advised the Navy Department that the legislation proposed in the draft is not in conflict with the financial program of the President.

In view of the foregoing, the Navy Department recommends that the two sections submitted herewith be enacted.

With further reference to the bill H. R. 9352, sections 4 and 6 were included in the bill H. R. 10276, which was approved by the President on May 14, 1928 (Private No. 123, House Report No. 585), and the items covered by sections 1 and 11 have been recently allowed by the General Accounting Office. It is, therefore, also requested that sections 1, 4, 6, and 11 be eliminated from the bill (H. R. 9352). Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

Item 18: Lieut. Archy W. Barnes, Supply Corps, United States Navy, in the amount of $804, which sum represents payments made to Willie Perry Conway, aviation machinist's mate, Fleet Naval Reserve, for retainer pay during the period from July 1, 1926, to June 30, 1927, disallowed by the Comptroller General in Statement of Differences K-30398-N dated July 31, 1928.

Item 19: Lieut. Arthur W. Babcock, Supply Corps, United States Navy, in the amount of $402, which sum represents payments made to Willie Perry Conway, aviation machinist's mate, Fleet Naval Reserve, for retainer pay during the period from July 1, 1927, to December 31, 1927, disallowed by the Comptroller General in Statement of Differences K-25607-N dated April 28, 1928.

A BILL Providing for sundry matters affecting the naval service

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Commander Robert B. Huff, Supply Corps, United States Navy, in the amount of $517.55, which amount represents a charge in the accounts of one Isaac Fassett, steerage steward, United States Navy, which was raised by decision of the Comptroller General, Department Memorandum Numbered 220, dated February 1, 1923, and which was credited in the accounts of Fassett by Lieutenant Commander Huff, Supply Corps, while he was disbursing officer at the Naval Home, Philadelphia, subsequent to the receipt of request for checkage by the Comptroller General.

SEC. 2. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant George M. Snead, Supply Corps, United States Navy, in the amount of $111.72, which amount represents a charge in the accounts of one Harvey J. Boyd, formerly baker, first class, United States Navy, which was raised by decision of the Comptroller General to the effect that Boyd was entitled to credit as for "service" during a period of furlough without pay, and which was credited in the accounts of Boyd by Lieutenant Snead, Supply Corps, while he was carrying Boyd's accounts subsequent to the receipt of request for checkage by the Comptroller General.

SEC. 3. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant John M. Holmes, Supply Corps, United States Navy, in the amount of $896.48, which amount represents payments made by the said Lieutenant Holmes, Supply Corps, to two men employed at the Navy supply depot as inspectors of tea purchased by the Navy Department under contract, such employment being at the instance of the Bureau of Supplies and Accounts and in accordance with awards which were based upon approved requisi

tion.

SEC. 4. That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain Arthur Saint Clair Smith, United States Navy, in the amount of $96.17, which amount represents alleged loss sustained by said officer on account of fluctuation of exchange while serving as naval attaché at Peking, China, and which has been disallowed in his accounts by the General Accounting Office.

SEC. 5. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Edward F. Ney, Supply Corps, United States Navy, in the amount of $23.22, which amount represents a payment of travel allowance made by Lieutenant Ney, Supply Corps, while disbursing officer of the receiving ship at Boston, Massachusetts, to one C. P. Brooks, ex-seaman, second class, United States Navy, at the time of his discharge on April 28, 1922, which payment was made pursuant to the instructions of the Navy Department. SEC. 6. That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain Frederick G. Pyne, Supply Corps, United States Navy, in the amount of $1,000, which sum was paid by said Captain Pyne, Supply Corps, to one Henry Moakley for special services rendered to the Navy Department by said Moakley in connection with an arbitration between the United States and the E. W. Bliss Company, of Brooklyn, New York, but which payment was subsequently disallowed in his accounts by the General Accounting Office.

SEC. 7. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Commander Thomas Cochran, Supply Corps, United States Navy, in the amount of $200, which amount represents payments to M. W. Doolan Company for services performed in connection with inspection of canned fruits and vegetables under accepted proposal dated April 20, 1926.

SEC. 8. That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain William L. F. Simonpietri, Supply Corps, United States Navy, in the amount of $200, which amount represents payments to M. W. Doolan Company for personal services as food inspectors under proposal and acceptance dated May 12, 1926.

SEC. 9. That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain P. J. Willett, Supply Corps, United States Navy, in the amount of $250,which amount represents payments made by Lieutenant Commander Willett, Supply Corps, during the period from March 16, 1914, to August 8, 1914, at the naval station, Hawaii, on account of a laborer who was fraudulently carried on the yard rolls during said period which payment was subsequently disallowed by the Comptroller General.

SEC. 10. That the General Accounting Office is hereby authorized and directed to allow credit in the accounts of Lieutenant Leslie R. Corbin, Supply Corps, United States Navy, in the amount of $110.69, which sum represents amounts overpaid Russell Frank Bridges, seaman first class, United States Navy, deceased, while absent from duty due to misconduct for the period January 2 to June 10, 1926, inclusive, and remaining unchecked against his account at the time of his death.

SEC. 11. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant James E. Brennan, Supply Corps, United States Navy, in the amounts of $658.55 and $576.67, which amounts represent payments made by said officer to Otto Burley Taylor, chief gunner's mate, United