A HEARING ON BILL (H. R. 16533) TO AUTHORIZE THE AMERICAN LEGION, DEPARTMENT OF NEW JERSEY, TO ERECT A MEMORIAL CHAPEL AT THE NAVAL AIR STATION, LAKEHURST, N. J.

HOUSE OF REPRESENTATIVES,

COMMITTEE ON NAVAL AFFAIRS,
Wednesday, January 30, 1929.

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

The CHAIRMAN. Mr. Wolverton wishes to take up the bill (H. R. 16533) to authorize the American Legion, Department of New Jersey, to erect a memorial chapel at the naval air station, Lakehurst, N. J. This bill is recommended by the department. It takes no money out of the Treasury, and, therefore, it has the approval of the Director of the Budget.

Mr. WOLVERTON. The purpose of this bill, Mr. Chairman, is to authorize the American Legion, Department of New Jersey, to erect a memorial chapel at the naval air station, Lakehurst, N. J., to commemorate those whose lives have been lost or may be lost in aviation, and particularly in lighter-than-air craft activities. The funds for the erection or construction of this chapel are to be raised by the American Legion of New Jersey. It will be done without cost to the Government in any way whatsoever.

I submitted the matter to the Secretary of the Navy, and it meets with his entire approval. However, he thought that it might require legislation. To that end, this bill was prepared by the Navy Department. It has been submitted by the Navy Department to the Bureau of the Budget, and it has the approval of both the Navy Department and the Bureau of the Budget. It is not in conflict with the President's financial program. The Navy Department looks upon it as a highly commendable enterprise, and favors it as being of great value to the Navy.

(Upon motion of Mr. Vinson, the bill H. R. 16533 was ordered favorably reported.)

(Thereupon, the committee proceeded to the consideration of other business.)

A BILL To authorize the American Legion, Department of New Jersey, to erect a memorial chapel at the naval air station, Lakehurst, N. J.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized to permit the American Legion, Department of New Jersey, to erect at the naval air station, Lakehurst, New Jersey, a memorial chapel in commemoration of those whose lives are lost in aviation and particularly in lighter-than-aircraft activities. The erection of this memorial chapel shall be subject to the following conditions:

First. The site of the memorial chapel shall be selected by the Secretary of the Navy, and its design and construction, with its individual memorials and memorial windows, shall be subject to his approval and supervision.

Second. The design and construction of the memorial chapel shall be without cost to the United States.

SEC. 2. Upon the completion and dedication of the memorial chapel, the Secretary of the Navy is authorized to accept it as an unconditional gift to the United States from the American Legion, Department of New Jersey.

A HEARING ON THE BILL (H. R. 10529) FOR THE RELIEF OF BERNARD MCGLAVE

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF THE COMMITTEE ON NAVAL AFFAIRS,

Friday, February 1, 1929.

The subcommittee met at 10.30 o'clock a. m., Hon. Clark Burdick presiding.

Mr. BURDICK. We will take up the bill, H. R. 10529, for the relief of Bernard McGlave.

(The bill and the report of the department thereon are as follows:)

A BILL For the relief of Bernard McGlave

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 Bernard McGlave shall hereafter be held and considered to have been honorably discharged from the naval service of the United States: Provided, That no pension shall accrue prior to the passage of this act.

FOR THE RELIEF OF BERNARD MCGLAVE

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

NAVY DEPARTMENT, Washington, March 17, 1928.

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of February 4, 1928, transmitting the bill (H. R. 10529) for the relief of Bernard McGlave, and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform you as follows:

The purpose of this bill is to provide that in the administration of the pension laws Bernard McGlave shall hereafter be held and considered to have been honorably discharged from the naval service of the United States.

The records of the Navy Department show that Bernard McGlave enlisted in the Navy on May 26, 1917, and served until April 23, 1919, when he deserted from the U. S. S. Florida. He is carried on the records of the Navy Department as a deserter at large.

The bill H. R. 10529, if enacted, will result in no additional cost to the Navy, but it is probab.e that a pension charge will be involved now or in the future." The bill H. R. 10529 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 March 12, 1928, 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. 10529.

Sincerely yours,

2197-29-No. 108

CURTIS D. WILBUR,
Secretary of the Navy.

(601)

STATEMENT OF HON. MORTON D. HULL, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS

Mr. HULL. This bill in which I am interested, H. R. 10529, was introduced by Mr. Rathbone. Mr. Rathbone being dead, I have taken the interest to see, at least, that it did not go by default. The files in the case will show all that I know, and, in fact, more than I know about it. I simply ask your careful consideration of it, just as though Mr. Rathbone were here. I understand that it was unfavorably acted upon on one occasion, with the request that further affidavits be furnished. I think that further affidavits have been furnished, and are contained in your files.

Mr. VINSON. This man deserted from the Navy, and returned to the service, did he not?

Mr. HULL. The story I got was that he did return to the service and finished out his term.

Mr. VINSON. What about this case, Commander?

Commander WILKINSON. This man remained away over two years, and then came back to the training station at Chicago and said "Here I am." The department said that the statute of limitations had expired, and that they did not want him. They evicted him from the station.

Mr. VINSON. He could not be court-martialed because he had remained out two years, and the statute of limitations ran against it. (Upon motion of Mr. Vinson, the bill H. R. 10529 was ordered adversely reported.)

(Thereupon the subcommittee adjourned.)

A HEARING ON THE BILL (H. R. 13465) FOR THE RELIEF OF RELIE THOMAS T. GESSLER

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF THE COMMITTEE ON NAVAL AFFAIRS,

Friday, February 1, 1929.

The subcommittee met at 10.30 o'clock a. m., Hon. Clark Burdick presiding.

Mr. BURDICK. We will take up the bill, H. R. 13465, introduced by Mr. Roy G. Fitzgerald, for the relief of Thomas T. Gessler. (The bill and the report of the department thereon are as follows:)

A BILL For the relief of Thomas T. Gessler

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 or of any laws conferring rights, privileges, or benefits upon honorably discharged soldiers and sailors, Thomas T. Gessler shall hereafter be held and considered to have been honorably discharged from the naval service of the United States.

FOR THE RELIEF OF THOMAS T. GESSLER (H. R. 13465)

CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

NAVY DEPARTMENT, Washington, June 9, 1928.

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of May 2, 1928, transmitting the bill (H. R. 13465) for the relief of Thomas T. Gessler, 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 or of any laws conferring rights, privileges, or benefits upon honorably discharged soldiers and sailors Thomas T. Gessler shall be held and considered to have been honorably discharged from the naval service.

The records of the Navy Department show that the above-named man was born on November 3, 1896, and on May 25, 1917, enlisted in the Navy at Cincinnati, Ohio, to serve for a period of four years. Gessler maintained a clear record until February 8, 1918, when he was declared a deserter from the U. S. S. Montana and the naval service, and remained in that status until March 22, 1918, when he surrendered himself on board the receiving ship, Boston, Mass., where he was tried by general court-martial, found guilty of absence from station and duty after leave had expired, sentenced to be confined for a period of 18 months, to be discharged with a dishonorable discharge, and to suffer all the other accessories of said sentence. The sentence was approved by the Navy Department on May 13, 1918, and the naval prison, navy yard, Portsmouth, N. H., designated as the place of the execution of so much of the sentence as related to confinement. Gessler's discharge was actually effected on December 6, 1918. Particular attention is invited to the fact that Gessler was a war-time deserter. In the absence of any evidence to the contrary, it is believed that he was rightly and duly convicted of this offense and properly discharged.

As one of the penalties of this discharge, Gessler is debarred from the rights, privileges, and benefits conferred by law upon honorably discharged sailors. Any legislation, such as this bill, restoring these rights, privileges, and benefits to