the proposed recommendation is not in conflict with the financial program of the President. In view of the foregoing, the Navy Department recommends against the enactment of the bill H. R. 10569. Sincerely yours, CURTIS D. WILBUR, Mr. BURDICK. Mr. Ackerman is here, and we will hear him first. STATEMENT OF HON. ERNEST R. ACKERMAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY Mr. ACKERMAN. Mr. Chairman and gentlemen of the committee, I appreciate the courtesy extended by allowing me to appear before you in connection with this matter. I received notice of this meeting on my return to Washington last evening and immediately tried to get in touch with Mr. Chase, who had been here in Washington a number of weeks, but I found that during the holidays he left the city without leaving with me an address at which I could reach him. Mr. VINSON. Are you ready to go ahead with the bill? Mr. ACKERMAN. All I can do in regard to the bill is to repeat what has been filed with the committee. Of course, I prefer to have Mr. Chase here so that he may explain the merits of the bill to you. Mr. BURDICK. Do you not think it might be well to postpone a hearing on the bill until you can get in communication with Mr. Chase? Mr. ACKERMAN. That is perfectly agreeable to me, if you are to hold another meeting in the near future. May I ask as to when you expect to have another meeting? Mr. BURDICK. We are holding meetings of the subcommittee frequently. Mr. VINSON. Let me suggest that you get in touch with Mr. Chase, then get in touch with the clerk of the committee, who will be glad to set a date for hearing Mr. Chase. Mr. ACKERMAN. I think that would be better, and I thank you for your courtesy. о A HEARING ON H. R. 12390, A BILL FOR THE RELIEF OF FRANK C. MESSENGER HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON NAVAL AFFAIRS, Tuesday, January 8, 1929. The subcommittee this day met at 11.30 o'clock a. m., Hon. Clark Burdick (chairman) presiding. Mr. BURDICK. The next bill for consideration this morning is H. R. 12390, for the relief of Frank C. Messenger. The clerk will read the bill and the report thereon by the Navy Department. (The clerk read as follows:) [H. R. 12390, Seventieth Congress, first session] A BILL For the relief of Frank C. Messenger Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized to appoint Frank C. Messenger (retired), formerly chief gunner in the United States Navy, a lieutenant in the United States Navy, and place him upon the retired list of the Navy with the retired pay and allowance of that grade: Provided, That no back pay, allowance, or emoluments shall become due as a result of the passage of this act. [No. 489] FOR THE RELIEF OF FRANK C. MESSENGER (H. R. 12390) The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, NAVY DEPARTMENT, Washington, May 19, 1928. House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of March 26, 1928, transmitting the bill (H. R. 12390) for the relief of Frank C. Messenger, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows: The purpose of this bill is to authorize the President to appoint Frank C. Messenger, chief gunner, United States Navy, retired, a lieutenant in the United States Navy, and to place him upon the retired list of the Navy with the retired pay and allowances of that grade, but no back pay, allowances, or emoluments are to become due as a result of the passage of this bill. The records of the Navy Department show that Chief Gunner Frank C. Messenger, United States Navy, retired, was born in Pennsylvania in 1861. He enlisted in the Navy in 1877 and after several enlistments was appointed an acting gunner in 1888. He became chief gunner in 1899 and served as such until the World War, when on July 1, 1917, he was appointed a temporary ensign; on October 15, 1917, a temporary lieutenant (junior grade); and on July 1, 1918, a temporary lieutenant. On August 13, 1919, he was placed on the retired list as of July 31, 1919, at his own request, after over 40 years' service, in accordance with section 1443 of the Revised Statutes. His appointment as temporary lieutenant was revoked on his retirement and his retirement effected in the grade of chief gunner, in accordance with the act of May 22, 1917, which act permitted the advance in temporary rank of officers of the regular Navy, but provided in section 9: "That any officer of the permanent Navy or Marine Corps temporarily advanced in grade or rank in accordance with the provisions of this act, who shall be retired from active service under his permanent commission while holding such temporary rank, except for physical disability incurred in line of duty, shall be placed on the retired list with the grade or rank to which his position in the permanent Navy or Marine Corps at the date of his retirement would entitle him * * * (40 Stat. 86)." There is no other warrant or commissioned warrant officer on the retired list who retired after more than 40 years' service. The increased cost to the Government involved in the event of the passage of the bill (H. R. 12390) is at the rate of $675 per annum. The bill H. R. 12390 was referred to the Bureau of the Budget with the above information as to cost and a statement that the Navy Department contemplated interposing no objection to the enactment of this bill. Under date of May 14, 1928, the Director of the Bureau of the Budget advised the Navy Department that this proposed report is not in conflict with the financial program of the President. In view of the foregoing, the Navy Department has no objection to the enactment of the bill H. R. 12390. Sincerely yours, CURTIS D. WILBUR, Mr. BURDICK. Commander Wilkinson, I understand there is no objection to this bill on the part of the Navy Department. Commander WILKINSON. That is true. Mr. BURDICK. What is the real reason for recommending this legislation? Is it on account of Mr. Messenger's long service? Commander WILKINSON. His long service and excellent record for performance of duty. During the war he had important, independent duties in connection with the mine depot at New London, Conn., and, for a man of his age and lack of a higher education, having risen from the ranks, he performed them very well. He was deprived of the right to retire in the rank of a lieutenant by circumstances of law, which allowed anybody retired by reason of physical inacapacity to retain his temporary rank, while those retired for age or service while holding temporary advanced rank were not allowed that privilege. This man, with 40 years' service, retired in his permanent rank rather than his temporary rank of lieutenant. Mr. VINSON. When Mr. Messenger made application for retirement after 40 years' service he held the permanent rank of chief gunner? Commander WILKINSON. That is correct. He was a commissioned warrant officer. Mr. VINSON. But at the time of his retirement he held the temporary rank of lieutenant? Commander WILKINSON. Yes, sir. On July 1, 1917, he was made a temporary ensign; on October 15, 1917, a temporary junior lieutenant, and on July 1, 1918, he was made a temporary lieutenant. Mr. VINSON. The purpose of the bill is to give Mr. Messenger the pay and allowances of a lieutenant on the retired list of the Navy? Commander WILKINSON. That is correct. Mr. VINSON. The department's report states that There is no other warrant or commissioned warrant officer on the retired list who retired after more than 40 years' service. Commander WILKINSON. Yes, sir. Mr. VINSON. What becomes of a warrant officer after he serves 40 years? Does he go into the fleet naval reserve? Commander WILKINSON. They usually retire before they have had 40 years' service, for 64 years' age, on account of physical disability, or after 30 years' service. Mr. VINSON. They go back to the rank of warrant officer? reserve. Commander WILKINSON. A warrant officer is not in the fleet naval A warrant or a chief warrant officer is in the status as a commissioned officer as regards retirement. He may go on the retired list after 30 years' service for physical disability or by reason of age. Mr. VINSON. Suppose this officer had been a permanent lieutenant and served a certain length of time and made application for retirement, not taking into consideration the question of physical disability, would the Navy Department approve of his going to the retired list in a higher rank he had held or in the rank he had at the time of retirement? Commander WILKINSON. Had he been a permanent lieutenant and a temporary lieutenant commander, the Navy Department may well have recommended his retirement as a lieutenant commander. Mr. VINSON. Under the law he would have had to go back to his former rank of lieutenant and retire? Commander WILKINSON. Yes, sir. Mr. BURDICK. How much is this officer receiving now, Commander? Commander WILKINSON. He is receiving $2,700, and the enactment of this bill would cause him to receive $3,375, or $675 more than he is receiving now. Mr. VINSON. I move that the bill be favorably reported. |