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RELIEF OF WILLIAM GERAVIS HILL (H. R. 14498)

NAVY DEPARTMENT, Washington, January 11, 1929.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of December 6, 1928, transmitting the bill (H. R. 14498) for the relief of William Geravis Hill, 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 provide that in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged soldiers William Geravis Hill, formerly of the United States Navy, shall hereafter be held and considered to have been discharged honorably from the naval service of the United States as a member of the United States Navy on March 26, 1919, provided that no bounty, back pay, pension, or allowance shall be held to have accrued prior to the passage of the act.

The records of the Navy Department show that the above-named man was born on January 22, 1893, and enlisted in the Navy on May 20, 1915. During his period of service he committed a number of minor offenses, such as absence from ward of naval hospital, Mare Island, Calif., without proper authority and absence over leave on another occasion. He was declared a deserter on November 23, 1916. On June 7, 1917, he surrendered and was permitted to extend his enlistmert for a period of one year with a view of retaining him in the naval service, provided his conduct during the probationary period of one year warranted such retention. He again deserted from the naval service on March 26, 1919, and remained a deserter until March 15, 1927, when he reported aboard the receiving ship, San Francisco, Calif., for the purpose of securing an undesirable discharge. On April 13, 1927, he was given an undesirable discharge because of desertion.

The Navy Department is unaware of any good reason for considering Hill as having been honorably discharged from the naval service, and without such reason does not believe that any special action toward his case should be taken. Further, any legislation such as this bill to change the character of discharge of a man in Hill's status would tend to weaken the force of subsequent undesirable discharges for desertion.

The bill H. R. 14498 if enacted into law, will result in no additional cost to the Navy; however, it is probable that a charge against the appropriations of the Veterans' Bureau will be involved now or in the future.

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The bill H. R. 14498 was referred to the Bureau of the Budget with information and a statement that the Navy Department contemplated making an unfavorable recommendation thereon. Under date of January 3, 1929, the Director of the Bureau of the Budget advised the Navy Department that 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. 14498.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL For the relief of William Geravis Hill

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged soldiers William Geravis Hill, formerly of the United States Navy, shall hereafter be held and considered to have been discharged honorably from the military service of the United States as a member of the United States Navy on the 26th day of March, 1919: Provided, That no bounty, back pay, pension, or allowance shall be held to have accrued prior to the passage of this act.

RELIEF OF BENJAMIN GONZALEZ (H. R. 16222)

NAVY DEPARTMENT, Washington, January 10, 1929.

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 Benjamin Gonzalez, this day forwarded to the Speaker of the House of Representatives.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

JANUARY 10, 1929.

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 Benjamin Gonzalez. The purpose of the proposed legislation is to compensate Benjamin Gonzalez for expenses to which he was put through being wounded by a bullet fired from the pistol of a private of the United States Marine Corps while on police patrol in the city of Managua in the Republic of Nicaragua.

On May 29, 1927, Benjamin Gonzalez, a native of Nicaragua, was injured by a bullet from the pistol of Pvt. Robert C. Lare, of the United States Marine Corps at Managua, Nicaragua. The bullet struck him in the back and it was necessary to convey him to Granada, Nicaragua, so that an X ray might be taken. Gonzalez was a barber and also kept a store. He has submitted a claim for $778.55 which may be divided into two categories, one for the actual expenses arising out of his wounding, and amounting to $343.55, and the other for $435 for loss of time in his barber shop and store. The details of the claim are as follows:

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Dr. Inocente Lacayo..

Dr. Jose Luis Arce..

Railroad company for wagon that took him to Granada
Amount lost through closing barber shop during one month
Amount lost for not attending to work for one month..
Amount lost for not opening grocery store for one month.
Expenses of 2 persons in Granada with him.
Damages done by bullets to furniture___

Cost of tonic prescription $10 per month for nine months

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$20.00

100. 00

30.00

23.55

150. 00

75.00

210. 00

50.00

30.00

90.00

778. 55

A naval board of investigation inquired into the case, with the result that the convening authority recommended that the sum of $343.55 be allowed to Mr. Gonzales. It will be seen that this is the amount that he paid out for expenses due to the wounding and does not include any portion of his claim for loss of time. The circumstances of the wounding were as follows:

Private Lare and Pvt. Herbert E. Marsh of the United States Marine Corps were on police patrol during the evening when the casualty occurred. They were approached by a private in the United States Marine Corps whom they could not identify, who told them that he had been thrown out of a native cantina, which he pointed out, indicating the grocery store of Gonzalez. Lare and Marsh proceeded to the store and as they were seen approaching, the door was closed and barred. They broke in and Lare drew his pistol. It was claimed that Gonzalez struck Lare with a club, but the board did not find that this charge was substantiated. as Gonzalez saw Lare with a pistol in his hand he started to run into another room and while he was running and bending over. Lare fired three shots at him, one of which took effect in his back. Lare and Marsh then reported the incident to the provost marshal, but could not give that officer the name of their informant as to the previous eviction. A physician was called and advised that Gonzalez be taken to Granada in order that an X ray might be taken. This was done and the single bullet that took effect was also removed at Granada. The physician testified that the injury was comparatively slight; that Gonzalez would be entirely recovered in two months. Gonzalez claims absence from his business only one month. From his claim he appears to have been under the care of the physician for nine months.

The proposed legislation which will, if enacted, cost the Government $343.55, was referred to the Bureau of the Budget with the information that the Navy Department contemplated forwarding the bill to the Congress with a recommendation that it be enacted, and under date of December 6, 1928, the Director of the Bureau of the Budget informed the Navy Department that the proposed draft of legislation is not in conflict with the financial program of the President. Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL For the relief of Benjamin Gonzalez

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 $343.55, to be paid to Benjamin Gonzalez, of the city of Managua, in the Republic of Nicaragua, as full indemnity for money expended by him because of his being wounded by a bullet fired from the pistol of Robert C. Lare, a private of the United States Marine Corps, while on police patrol in said city and Republic; this indemnity to be paid as a matter of grace and not of right.

TO REPEAL THE PROVISION IN THE ACT APPROVED JUNE 10, 1896, PROHIBITING THE EMPLOYMENT OF OFFICERS OF THE NAVY OR MARINE CORPS ON THE ACTIVE OR RETIRED LIST BY PERSONS OR COMPANIES FURNISHING NAVAL SUPPLIES OR WAR MATERIAL TO THE GOVERNMENT (H. R. 5485)

HOUSE OF REPRESENTATIVES,
COMMITTEE ON NAVAL AFFAIRS,
Thursday, January 10, 1929.

The committee this day met at 10.30 o'clock a. m., Hon. Fred A. Britten, chairman, presiding.

The CHAIRMAN. We have with us this morning Rear Admiral Edward H. Campbell, United States Navy, Judge Advocate General of the Navy, and Commander Wilkinson, United States Navy, a representative of the Bureau of Navigation. Which is the first bill for consideration this morning, Admiral Campbell?

Admiral CAMPBELL. The first is H. R. 5485, to repeal the provision in the act approved June 10, 1896, prohibiting the employment of officers of the Navy or Marine Corps on the active or retired list by persons or companies furnishing naval supplies or war material to the Government.

(The bill in question and a report thereon by the Navy Department read as follows:)

A BILL To repeal the provision in the Act approved June 10, 1896, prohibiting the employment of officers of the Navy or Marine Corps on the active or retired list by persons or companies furnishing naval supplies or war material to the Government

Be it enacted by the Senate and House of Representatives of the United States of · America in Congress assembled, That the provision contained in the naval appropriation act approved June 10, 1896 (Twenty-ninth Statutes at Large, page 361), reading "That hereafter no payment shall be made from appropriations made by Congress to any officer in the Navy or Marine Corps on the active or retired list while such officer is employed, after June thirtieth, eighteen hundred and ninety-seven, by any person or company furnishing naval supplies or war material to the Government; and such employment is hereby made unlawful after said date," is hereby repealed.

No. 11

TO REPEAL THE PROVISION IN THE ACT APPROVED JUNE 10, 1896, PROHIBITING THE EMPLOYMENT OF OFFICERS OF THE NAVY OR MARINE CORPS ON THE ACTIVE OR RETIRED LIST BY PERSONS OR COMPANIES FURNISHING NAVAL SUPPLIES OR WAR MATERIAL TO THE GOVERNMENT (H. R. 5485)

NAVY DEPARTMENT, Washington, November 29, 1927.

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 draft of a proposed bill, "To repeal the provision in the act approved June 10, 1896, prohibiting the employment of officers of the Navy or Marine Corps on the active or retired list by persons or companies (453)

2197-29-No. 73

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