PROVIDING FOR THE PROMOTION OF CHIEF BOATSWAIN EDWARD (H. R. NAVY DEPARTMENT, Washington, February 2, 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. 15034) providing for the promotion of Chief Boatswain Edward Sweeney, United States Navy, retired, to the rank of lieutenant on the retired list of the Navy, and requesting the views and recommendations of the Navy Department relative thereto, I have the honor to advise you as follows: The purpose of this bill is to authorize the President to advance Chief Boatswain Edward Sweeney, United States Navy, retired, to the rank of lieutenant on the retired list of the Navy, with the retired pay and allowances of that rank. Chief Boatswain Sweeney was born on April 1, 1864, and after serving as an enlisted man in the Navy for more than 18 years, was appointed mate on July 1, 1905. He was appointed a boatswain on December 21, 1909; was promoted to chief boatswain on December 21, 1915; and was placed on the retired list in the latter rank on May 11, 1918, because of physical disability resulting from an incident of the service. On May 22, 1917, the President approved an act of Congress containing authority for the temporary appointment in commissioned grades of chief warrant and warrant officers under 50 years of age. In accordance with such authority practically all commissioned warrant officers of the Navy were given temporary appointments in the line or the staff corps of the Navy. Mr. Sweeney, however, was not eligible for such temporary appointment since he had passed the maximum age limit of 50 years. On July 1, 1918, another act of Congress was approved by the President in which provision was made for the temporary appointment to commissioned grades of those warrant officers who were, because of age not eligible therefor under the 1917 act. As noted above, Chief Boatswain Sweeney had been retired in May, 1918, and consequently did not come within the provisions of the act of 1918. Chief Boatswain Sweeney's contemporaries who were temporarily appointed to commissioned rank in 1917 were temporarily promoted to lieutenant (junior grade) in October, 1917, and to lieutenant in July, 1918. If he had been eligible under the original law for temporary appointment as ensign he would not have been temporarily promoted to lieutenant prior to the date of his retirement in 1918, but would have been a lieutenant (junior grade). The bill H. R. 15034, if enacted into law, would result in an increased cost to the Government at the rate of $1,674 per annum. The bill H. R. 15034 was referred to the Bureau of the Budget with the above information. Under date of January 25, 1929, the Director of the Bureau of the Budget advised the Navy Department that this proposed legislation is 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. 15034. Sincerely yours, CURTIS D. WILBUR, A BILL Providing for the promotion of Chief Boatswain Edward Sweeney, United States Navy, retired, to the rank of lieutenant on the retired list of the Navy Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized to advance Chief Boatswain Edward Sweeney, United States Navy, retired, to the rank of lieutenant on the retired list of the Navy, with the retired pay and allowances of that rank. о 1 FOR THE RELIEF OF JUDSON STEWART (H. R. 15666) NAVY DEPARTMENT, Washington, February 2, 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 January 4, 1929, transmitting the bill H. R. 15666, "For the relief of Judson Stewart," 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 the pension laws Judson Stewart, late second-class steward on dispatch boat Philadelphia, United States Navy, shall hereafter be held and considered to have been honorably discharged from the naval service of the United States on March 15, 1862. The records of the Navy Department show that the above-named man enlisted in the Navy on April 23, 1856, at Philadelphia, Pa., to serve for a period of three years. He served until May 1, 1858, when he was discharged as landsman. There is no record of the date of this man's birth, character of his discharge; neither do the records show that he rendered subsequent service. The Army had a vessel named Philadelphia operating under Army control. The Navy Department requested the Army to inform it if Stewart was a member of the crew of that vessel. The Army states that the Philadelphia and her crew were chartered by the United States Army. Even though Stewart did have service aboard the Philadelphia, which service terminated on or about March 15, 1862, such service could not legally be considered naval service. The bill H. R. 15666, if enacted into law, will result in no additional cost to the Navy, however, it is probable that a pension charge will be involved now or in the future. The bill H. R. 15666 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 25, 1929, the Director of the Bureau of the Budget advised the Navy Department that this 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. 15666. Sincerely yours, CURTIS D. WILBUR, A BILL For the relief of Judson Stewart Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of the pension laws Judson Stewart, late second-class steward on dispatch boat Philadelphia, United States Navy, shall hereafter be held and considered to have been honorably discharged from the naval service of the United States on the 15th day of March, 1862: Provided, That no pension, emoluments, or allowances of any description shall accrue by reason of this act prior to the date of approval thereof. FOR THE RELIEF OF JOHN BEDARD (H. R. 15755) NAVY DEPARTMENT, Washington, February 2, 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 January 5, 1929, transmitting the bill (H. R. 15755) for the relief of John Bedard, 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 sailors, John Bedard, who was a seaman on the U. S. S. Vermont, shall hereafter be held and considered to have been honorably discharged from the naval service on October 26, 1898. The records of the Navy Department show that the above-named man was born on February 28, 1869. He enlisted in the Navy for a period of one year on June 4, 1898. On October 26, 1898, he was given a bad-conduct discharge from the naval service. During Bedard's short period of service he committed a number of offenses, such as refusing to clean brightwork; returning from liberty unfit for duty; failing to return to ship from liberty when ship was under orders to sail, and absence from station and duty without authority. For the last offense he was tried by summary court-martial and awarded a bad-conduct discharge. Bedard's offenses are further aggravated by the fact that they were all committed during the period when the United States was at war with Spain. The Navy Department is unaware of any good reason for considering Bedard 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, restoring the rights, privileges, and benefits of an honorably discharged man to a man given a bad conduct discharge for his offenses is a partial revocation of the penalties of the discharge, and by the accumulation of cases in which such remission is accomplished by acts of Congress tends to weaken the force of subsequent bad-conduct discharges, and by reason of that very fact lessens the value of an honorable discharge. The bill H. R. 15755, if enacted into law, will result in no additional cost to the Navy, however, it is probable that a pension charge will be involved now or in the future. The bill H. R. 15755 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 25, 1929, the Director of the Bureau |