A HEARING ON (H. R. 13573) A BILL FOR THE RELIEF OF PEDRO P. ALVAREZ HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON NAVAL AFFAIRS, Tuesday, January 8, 1929. The subcommittee this day met at 10.50 o'clock a. m., Hon. Clark Burdick, chairman, presiding. Mr. BURDICK. The next bill for consideration this morning is H. R. 13573, for the relief of Pedro P. Alvarez. The clerk will read the bill and the report thereon by the Navy Department. (The clerk read as follows:) [H. R. 13573, Seventieth Congress, first session] A BILL For the relief of Pedro P. Alvarez 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 sum of $60 to pay Pedro P. Alvarez, a physician and surgeon of Bluefields, in the Republic of Nicaragua, for medical services and hospital treatment of Senora Josefa Somarriba, whose foot was injured at El Bluff, in the said Republic, on October 10, 1927, by a motor launch attached to and operated by a crew from United States ship Cleveland. [No. 446] FOR THE RELIEF OF PEDRO P. ALVAREZ (H. R. 13573) The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, NAVY DEPARTMENT, 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 Pedro P. Alvarez, this day forwarded to the Speaker of the House of Representatives. Sincerely yours, CURTIS D. WILBUR, NAVY DEPARTMENT, Washington, May 2, 1928. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. On October 10, 1927, Señara Somarriba was lawfully standing upon the customs wharf at El Bluff, Nicaragua, near a boathouse that was undergoing repairs. Across the opening into the boathouse was a movable plank used by the workmen repairing the boathouse. Señora Somarriba's foot was on the wharf between the plank and the boathouse. A motor launch attached to the U. S. S. Cleveland, (399) 2197-29-No. 57 with a naval crew, approached the landing at an excessive speed and struck the plank sharply, driving it against the foot of Señara Somarriba, crushing it against the side of the boathouse and injuring it severely. The officer in charge of the motor launch caused Señora Somarriba to be taken in a speed launch to the hospital at Bluefields and committed to the care of the claimant, who gave her treatment as required. His bill, as rendered, is for 13 days' hospital services, at $3.50 a day, or $45.50; $4.50 for medical supplies; and $10 for his own fee; or $60 in all. The draft of bill has been submitted to the Director of the Bureau of the Budget, and the Navy Department has been informed that its enactment will not be it conflict with the financial program of the President. I therefore recommend the enactment of the legislation in the form submitted. Respectfully, CURTIS D. WILBUR, Mr. BURDICK. Let us have a statement of the case by a represenative of the Navy Department. STATEMENT OF LIEUT. COMMANDER STEPHEN B. ROBINSON, UNITED STATES NAVY, OFFICE OF THE JUDGE ADVOCATE GENERAL Lieutenant Commander ROBINSON. The facts are about as stated in the report of the Navy Department. There was a wharf at El Bluff, Nicaragua, and at right angles to it was a boathouse, and in front of it was a 3 by 4 plank. This woman was standing in front of the boathouse, down between the plank and the boathouse. The boat came in from the Cleveland with a naval crew, approached the landing at a high speed and struck the plank sharply, driving it against the foot of this woman. She was taken to a hospital and there treated by this physician and surgeon. A gash was cut in her foot and she remained in hospital 13 days, until she recovered. Mr. VINSON. There is nothing in this bill to compensate the injured woman for the injury sustained. Lieutenant Commander ROBINSON. She did not request compensation. The Navy initiated this legislation. The bill for hospital treatment was submitted through the American consul at Bluefields, Nicaragua, and forwarded to the Navy Department, which thinks the bill should be paid. Mr. VINSON. I move that we report the bill favorably. O FOR THE RELIEF OF LIEUT. (JUNIOR GRADE) VICTOR B. TATE, UNITED STATES NAVY, AND PAUL FRANZ, TORPEDO MAN (THIRD CLASS), UNITED STATES NAVY (H. R. 15976) 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 courtmartial, 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, 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. O HEARING ON H. R. 13428, A BILL FOR THE RELIEF OF THE MACKENZIE MEMORIAL HOSPITAL AND LAU YE KUN, ALL OF TIENTSIN, CHINA HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON NAVAL AFFAIRS, Monday, January 7, 1929. The subcommittee this day met at 10.30 o'clock a. m., Hon. Clark Burdick, chairman, presiding. Mr. BURDICK. The first bill for consideration this morning is H. R. 13428, for the relief of Mackenzie Memorial Hospital and GermanAmerican Hospital and Lau Ye Kun, all of Tientsin, China. The clerk will read the bill and the report thereon by the Navy Department. (The clerk read as follows:) A BILL For the relief of Mackenzie Memorial Hospital and German-American Hospital and Lau Ye Kun, all of Tientsin, China Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the appropriation is hereby authorized, out of any money in the Treasury not otherwise appropriated, of the following sums to reimburse hospitals at Tientsin, China, for care and treatment of Chinese nationals injured by motor vehicles of the United States Marine Corps, and for indemnity to one of those nationals for personal injuries received by him because of the negligence of the driver of a Marine Corps motor cycle: To Mackenzie Memorial Hospital, $15 for care of Chiu Kuei Ching; to Mackenzie Memorial Hospital, $7.50 for care of Chang T'ung Chin; to Mackenzie Memorial Hospital, $48 for care of Liu Yu Fang; to German-American Hospital, $401.38 for care of Lau Ye Kun, Chinese policeman; to Lau Ye Kun, Chinese policeman, $100, in full for indemnity for his pain and suffering because of being struck by a motor cycle of the United States Marine Corps; in all, the sum of $571.88. SEC. 2. The said sums may be disbursed under the direction of the commanding general, Third Brigade, United States Marine Corps. FOR THE RELIEF OF MACKENZIE MEMORIAL HOSPITAL AND GERMAN-AMERICAN HOSPITAL AND LAU YE KUN, ALL OF TIENTSIN, CHINA (H. R. 13428) NAVY DEPARTMENT, Washington, April 16, 1928. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. MY DEAR MR. SPEAKER: The Navy Department submits herewith a draft of a bill for the relief of Mackenzie Memorial Hospital and German-American Hospital and Lau Ye Kun, all of Tientsin, China. The purpose of the proposed legislation is to indemnify the hospitals named for the care of Chinese nationals injured by motor vehicles of the United States Marine Corps, and Lau Ye Kun, a Chinese policeman, for injuries received when struck by a Marine Corps motor cycle. Since the Marine Corps contingent has been quartered in Tientsin, a number of Chinese nationals have been injured by Marine Corps motor vehicles. Immediate attention to their injuries was necessary so that their lives might be saved if possible. It was also necessary that the men be treated by physicians or surgeons able to speak the Chinese language. The Medical Corps officers of the United States Navy attached to the expedition could not speak that language. It was therefore arranged that the Mackenzie Memorial Hospital and the GermanAmerican Hospital should treat these emergency cases at a cost of $5 a day each in Yuan currency, or approximately $2.50 American currency. The proposed legislation provides for payment of the cost of treating four such patients. Transmitted herewith are four communications from the commanding general (403) 2197-29-No. 59 |