Mr. CARTER. I am not asking that he be given an honorable discharge. Mr. VINSON. But your bill provides that Somerville "shall hereafter be held and considered to have been honorably discharged from the naval service of the United States.' Mr. CARTER. It provides that it shall be construed that he was honorably discharged, but that does not mean that an honorable discharge shall be issued to him. I do not understand that you do such in any of your bills before this committee. I never have heard of either the Committee on Naval Affairs or the Committee on Military Affairs pursuing a course of that kind. Such a discharge is not issued, but in dealing with Somerville, if this bill should be enacted, he would be considered to have been honorably discharged. Mr. BURDICK. Is your bill looking to a future pension? Mr. CARTER. I do not know. The man is now in good physical condition and he says he wants this proposed relief simply to clear his name-to remove the blot against him. I appreciate the fact that this bill, if enacted into law, would place Somerville in a position where at some time in the future he may benefit by our pension laws. Although at the present time he does not seem to be in a physical condition that requires a pension, yet I am not saying that he would not in future apply for a pension, because I do not know what may develop in future years. Mr. VINSON. I suggest that if Mr. Carter has nothing more to tell us, he insert the letters and any other information he may have bearing upon this case in the record. Mr. CARTER. The letters in question read as follows: To whom it may concern: LANDERS REALTY CO. (INC.), This is to certify that I have personally known Robert B. Somerville for a period of 10 years and have always found him to be honest, industrious, and always dependable. His word is as good as a bond. I personally know each and every member of his family. They are people of good standing. Upon his release from the United States Navy he was a guest in my home and I noticed at once the physical change and his depressed manner. This was undoubtedly due to the fact that the navy life did not agree with him. Knowing him as I do I feel that he is deserving of every consideration. Respectfully, M. S. MEYERS. RETAILERS CREDIT ASSOCIATION, Mr. Robert B. Somerville residing at 2272 East Nineteenth Street, Oakland, Calif., has applied to us for a letter as to his credit standing in the east bay district. In checking up our files, we find as follows: He has appeared in our files since 1923. Formerly resided at 320 Hobart Street, Oakland. Is employed with the California Body Builders and is dependent upon his earnings. He is single. We have cleared his name through our merchants and find that he has no accounts now owing. Trade experience: Typewriter company: High credit ($55); paid as agreed. Music house; contract account; paid Ò. K. Household goods house: Paid satisfactorily. Yours very truly, W. H. WINTERS, Assistant Manager. To whom it may concern: CALIFORNIA TRANSIT CO., Oakland, Calif., September 16, 1926. This is to certify that Robert Somerville has been in the employ of this company for approximately four years. He is a man of steady habits, does not smoke, swear, or use intoxicating liquor. During his term of employment here he has been away from the plant for only three weeks, on vacations. According to the testimony of his department head, under whose personal supervision he has been, he is a man of unusual mechanical ability and one who has been worth a good deal to us in the small improvements he has suggested and worked out. I trust that this letter will be of some help to Mr. Somerville, as in my opinion he is deserving of a fair deal. Yours very truly, W. E. TRAVIS, President. To whom it may concern: RICHMOND SCHOOLS, Richmond, Calif., August 31, 1926. This is to certify that I was personally acquainted with Robert Somerville while a pupil at the Lincoln School. His record here is clear and I know nothing that would in any way mitigate against his character. I also knew his father and know that the family had the right training at home. To whom it may concern: W. T. HELMS. WOOD HYDRAULIC HOIST & BODY Co. (INC.), The bearer, Mr. Robert B. Somerville, was in the employ of the Fageol Motors Co., of Oakland, for a period of two years, during 1917 and 1918. At this time Mr. Somerville had charge of the core making department of the Fageol Motors Co.'s foundry. The writer was then manager of the foundry division of the Fageol Motors Co. I take pleasure in recommending Mr. Somerville to whom he may apply for employment as being industrious, faithful, punctual, and efficient in the discharge of his duties in connection with the aforesaid position. Yours very truly, CHAS. A. SMITH, Superintendent Pacific Coast Factory. To whom it may concern: CALIFORNIA TRANSIT CO., Oakland, Calif., August 30, 1926. Mr. Robert B. Somerville has been in my employ for the last four years, and I have observed and gladly recommend him as a man of good moral habits, a sober, steady, and consciencious workman. LOUIS U. MCABEE. To whom it may concern: RICHMOND, CALIF., August 31, 1926. GENTLEMEN: This is to certify that Robert Sommerville or applicant was in our employ from December, 1912, to July, 1916. During this time his character was above reproach and his mental and physical condition was better than ordinary. SANTA FE FOUNDRY CO. To whom it may concern: This is to certify that I have known Mr. Robert B. Somerville rather intimately from boyhood up to about 1919, having been next-door neighbors to the family from about 1908 for the several years succeeding. The family was held in esteem by the community, and the home life and environment of Robert was excellent. The home was of a splendid moral tone, and his early life was free from any habits or conditions that would not be elevating. I have always considered him as a young man of good character and having excellent mental qualifications. A. H. POAGE, Local Cashier, Standard Oil Co. of California. SEPTEMBER 13, 1926. To whom it may concern: This will certify that I have known Mr. Robert Somerville for the past five years while he was employed as woodworker in the California Body Building Co., of which I was superintendent. I knew this man both in business and socially and know him to be upright, honest, and conscientious in every respect. I can not say too much for the character of Mr. Somerville, and I would do everything in my power to assist him in any way in which he might call upon me. To whom it may concern: INTERSTATE TRANSIT Co. Per A. T. SHERE, President. OAKLAND, CALIF., September 3, 1926. This is to certify that I have known Mr. Robert B. Somerville for the past five years as a fellow workman. I find him to be a steady, conscientious, and very able mechanic. I have never known Mr. Somerville to drink or smoke and have always considered him a man of good morals. Yours in comradeship, H. W. WINN, Commander Post No. 819, Foreman Sheetmetal, California Transit Co. Mr. VINSON. I suggest that we hear from the Navy Department. STATEMENT OF COMMANDER THEODORE S. WILKINSON, UNITED STATES NAVY, BUREAU OF NAVIGATION Mr. BURDICK. Commander, can you tell us anything more about this case? Commander WILKINSON. With respect to the various facts of the case I will say that Somerville enlisted in the Navy at the age of 24%1⁄2 years at Little Rock, Ark., and was from there transferred to the naval training station, Great Lakes, Ill., from which station he was transferred to the receiving ship at New York on August 1, 1921. After one week on the receiving ship he was sent to the Wyoming, where he remained 12 or 13 days before deserting. His rating at time of desertion was fireman, third class. I have nothing to show what he was doing, but that rating is the lowest in the engineer's branch and therefore he was in direct channels to obtain the instruction he desired. One must necessarily start at the bottom, and while there he may have become chagrined at seeing younger men of longer service in ratings higher than his. However, as I have said, he was on the road to the training he desired. He remained on the Wyoming, which was his sole service in the Navy, outside of a training station, 12 days and then deserted. Mr. WILLIAMS. How did he get away? Commander WILKINSON. He went with a liberty party and did not return to the ship. He was arrested at Laredo, Tex., 42 days. later. Mr. HALE. Where did he enlist? Commander WILKINSON. Little Rock, Ark. He was arrested by a deputy sheriff on October 13, and returned to naval jurisdiction at Pensacola, Fla., where he was tried by court-martial and awarded a bad-conduct discharge. The mark of desertion was removed and he was tried and convicted for absence without leave. It is thought that he got off easy. He was apprehended; he was dressed in civilian clothes at the time of his apprehension; and there was nothing to indicate that he ever intended to return to the service. I may say that two men were arrested at the same time. Everything seemed to indicate that he was a confirmed deserter; that he did not like the Navy, and had no intention to return to it. He was tried by summary court-martial rather than general court-martial and awarded a badconduct discharge, which is not so bad as a dishonorable discharge, even though it does deprive him of a pensionable status. It is felt that Somerville has received every due consideration from the department, and that the enactment of a bill such as this, which would restore the rights of this man, would, in a minor degree at least, adversely affect naval discipline. Mr. VINSON. In view of the facts in this case, as one member of this subcommittee, I can not see my way clear to recommending favorable action on this bill. Mr. WILLIAMS. I agree with that. Mr. CARTER. It appears that I made a mistake in telling the committee that Somerville voluntarily returned to naval jurisdiction. I • have it in a communication from a friend of his that he voluntarily returned to naval authorities. Mr. DRANE. All you can say is what is represented to you by presumably dependable constituents. Mr. CARTER. That is true. I am willing to accept your honest and sincere decision in the matter. Mr. BURDICK. Without objection, the bill will not be reported favorably. |