thereon. Under date of January 10, 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. 15190.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Nary.

A BILL Granting six months' pay to Annie Bruce

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Annie Bruce, widow of Lieutenant Frank Bruce, United States Navy, is hereby allowed an amount equal to six months' pay at the rate said Frank Bruce was receiving at the date of his death.

SEC. 2. That the payment of the amount of money hereby allowed and author ized to be paid to said Annie Bruce is authorized to be made from the appropria tions for beneficiaries of officers who die while in the service of the United States Navy.

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RELIEF OF LIEUT. COMMANDER HEBER BUTTS (H. R. 15189)

NAVY DEPARTMENT, Washington, January 17, 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 17, 1928, transmitting the bill (H. R. 15189) for the relief of Lieut. Commander Heber Butts, and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform you as follows:

The purpose of the bill (H. R. 15189) is to provide that hereafter Lieut. Commander Heber Butts, Medical Corps, United States Navy, shall be regarded as having been promoted to medical director in the United States Navy on June 2, 1927, with the rank as such immediately after Medical Director James Plummer Haynes, United States Navy, provided that Lieut. Commander Heber Butts, Medical Corps, United States Navy, shall establish to the satisfaction of the Secretary of the Navy, by examinatioin, his mental, moral, physical, and professional qualifications to perform all the duties of said grade.

Lieut. Commander Butts, Medical Corps, United States Navy, was considered and not selected for promotion to the rank of commander by three successive selection boards, in July, 1926, November, 1926, and September, 1928. His entire record was spread before each of these boards, all members of which were on oath to select those officers best fitted to perform the duties of the next higher grade. The record of this officer does not indicate any exceptional service which would warrant overriding the recommendations of these selection boards and effecting his promotion without selection. In the absence of preponderant evidence to the contrary, the Navy Department believes that the judgment of the selection board is sound. In this case, where the officer was considered, in competition with successively different groups of his colleagues, by three separate boards, and not recommended for promotion by any of those boards, the Navy Department must conclude that his promotion by legislation is undeserved.

The enactment of this bill would serve to promote Lieutenant Commander Butts, Medical Corps, United States Navy, over 104 officers who have been legally and properly selected and promoted. It would also, moreover, tend strongly to destroy the integrity of the system of promotion by selection, on which the efficiency of the officer list of the Navy is largely based.

The increased cost involved in the enactment of the bill H. R. 15189 is at the rate of $28 a year.

The bill H. R. 15189 was referred to the Bureau of the Budget with the above information as to cost and a statement that the Navy

Department contemplated making an unfavorable recommendation thereon. Under date of January 10, 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. 15189.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL For the relief of Lieutenant Commander Heber Butts

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter Lieutenant Commander Heber Butts, Medical Corps, United States Navy, shall be regarded as having been promoted to medical director in the United States Navy on the 2d day of June, 1927, with the rank as such immediately after Medical Director James Plummer Haynes, United States Navy: Provided, That said Lieutenant Commander Heber Butts, Medical Corps, United States Navy, shall establish to the satisfaction of the Secretary of the Navy, by examination, his mental, moral, physical, and professional qualifications to perform all the duties of said grade: Provided further, That nothing herein shall be construed to entitle Lieutenant Commander Heber Butts, Medical Corps, United States Navy, to any back pay, allowance, or other emoluments in this permanent rank.

AWARDING A MEDAL OF HONOR TO JOSEPH S. WITHINGTON

(H. R. 15198)

NAVY DEPARTMENT, Washington, January 18, 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 17, 1928, transmitting the bill (H. R. 15198) awarding a medal of honor to Joseph S. Withington, 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 Joseph S. Withington, an enlisted man of the United States Navy, be awarded and receive a medal of honor, to be prepared under the direction of the Secretary of the Navy, for extraordinary heroism shown by him in the line of his profession, in saving the life of L. James Williams on June 30, 1920. The award of the medal of honor or other Navy medals is restricted by law to deeds involving heroism or distinguished service in the line of the naval profession. The award of a medal of honor is therefore deemed inappropriate in this case, the rescue of a drowning man in a river in Missouri.

The life-saving medal issued by the Treasury Department would appear more appropriate, although the award of the latter is not legally authorized for rescues in interior waters of a State. Special legislation might well be enacted to extend the authorization to cover this case.

For the information of the committee, I am inclosing herewith letters which have been received in the Navy Department with reference to the rescue from drowning of Mr. L. James Williams.

The bill H. R. 15198, if enacted, would result in no additional cost to the Government, other than the value of the medal.

In view of the foregoing, the Navy Department recommends against the enactment of the bill H. R. 15198.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL Awarding a medal of honor to Joseph S. Withington

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Joseph S. Withington, an enlisted man of the United States Navy, be awarded and receive a medal of honor, to be prepared under the direction of the Secretary of the Navy, for extraordinary heroism shown by him in the line of his profession, in saving the life of L. James Williams on the 30th day of June, 1920.