HEARING ON THE BILL (H. R. 13288) TO AUTHORIZE A CASH AWARD TO WILLIAM P. FLOOD FOR BENEFICIAL SUGGESTIONS RESULTING IN IMPROVEMENT IN NAVAL MATERIAL 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. 13288, introduced by Mr. Schneider, to authorize a cash award to William P. Flood, for beneficial suggestions resulting in improvements in naval material. (The bill and the report of the department thereon are as follows:) A BILL To authorize a cash award to William P. Flood for beneficial suggestions resulting in improvement in naval material 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 is hereby authorized, in his discretion and under such rules and regulations as he may have prescribed for a like procedure under the act of Congress approved July 1, 1918 (volume 40, Statutes at Large, page 718), to pay a cash reward to William P. Flood for such designs, inventions, or suggestions as he may have made during his employ in the governmental service which resulted in an improvement in naval material or an economy in manufacturing processes: Provided, That such sum as may be awarded to him under this authority shall be paid out of current naval appropriations in addition to his retirement pay or allowances: Provided further, That no award shall be paid under this act until the said William P. Flood has properly executed an agreement to the effect that the use by the United States of the designs, inventions, or suggestions made by him shall not form the basis of a further claim of any nature against the United States by him, his heirs, or assigns. TO AUTHORIZE A CASH AWARD TO WILLIAM P. FLOOD FOR BENEFICIAL SUGGESTIONS RESULTING IN IMPROVEMENT IN NAVAL MATERIAL The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, NAVY DEPARTMENT, Washington, May 24, 1928. House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of April 30, 1928, transmitting the bill (H. R. 13288) to authorize a cash award to William P. Flood for beneficial suggestions resulting in improvement in naval material, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows: This bill authorizes the Secretary of the Navy, in his discretion and under such rules and regulations as he may have prescribed for a like procedure under the act of July 1, 1918 (40 Stat. 718; U. S. C. title 5, sec. 416) to pay a cash award to William P. Flood for such designs, inventions, or suggestions as he may have made during his employ in the Government service which resulted in an improvement in naval material or an economy in manufacturing processes. Under the act of July 1, 1918 (40 Stat. 718; U. S. C. title 5, sec. 416), above referred to, consideration is given to all claims by a special board of officers familiar with the subject matter. Owing to the fact that the special board (629) 2197-29-No. 113 mentioned does not formulate a recommendation as to the amount of the cash award until all the evidence has been heard, an estimate can not be made at this time as to the cost of the proposed legislation to the Government. The bill H. R. 13288 was referred to the Bureau of the Budget with the above information as to cost and a statement that the Navy Department has no objection to the enactment of this bill. Under date of May 18, 1928, the Director of the Bureau of the Budget advised the Navy Department that this proposed report is not in conflict with the financial program of the President. In view of the foregoing the Navy Department has no objection to considering the application of Mr. Flood for a cash award, and therefore, has no objection to the enactment of the bill H. R. 13288. Sincerely yours, CURTIS D. WILBUR, STATEMENT OF HON. GEORGE J. SCHNEIDER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF WISCONSIN Mr. SCHNEIDER. Mr. Chairman and gentlemen of the committee, I want to express to you my appreciation of your consideration in according me a hearing on this bill, H. R. 13288. Mr. VINSON. Has this bill been before us heretofore? Mr. SCHNEIDER. No, sir; this bill has not. However, your committee extended to me a hearing on the bill, H. R. 9433, some time ago, and as a result of that hearing, it was held by your committee that you could not go into the subject matter of that bill, or could not give it the investigation that was required to get all the information. Therefore, upon the recommendation of your committee, I introduced the bill I now have here before you. This is following the suggestions of your committee, and of the representatives of the Navy Department. It is felt that this bill would give Mr. Flood the opportunity of a hearing at which all the information might be gotten together and that the hearing would be conducted under the act of July 1, 1918, which provides a board to be appointed by the Secretary of the Navy to hear just such cases as this. Upon the facts developed in that hearing they could make an award to those who effect patents or improvements that result in benefits to the Government. Now, this bill provides for just such a hearing as to that. Mr. VINSON. This merely authorizes this individual to go before a board and make application for a cash reward for some invention. Mr. SCHNEIDER. Yes. Mr. VINSON. It simply gives him that right. Mr. SCHNEIDER. Yes. Mr. VINSON. And it is approved by the department? Mr. SCHNEIDER. Yes. Mr. VINSON. And by the Bureau of the Budget? Mr. SCHNEIDER. Yes. (Upon motion of Mr. Vinson, the bill H. R. 13288 was ordered favorably reported.) (Thereupon, the subcommittee proceeded to the consideration of other business.) A HEARING ON THE BILL (H. R. 3894) FOR THE RELIEF OF CHARLES PALMER CORNWELL 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. 3894, introduced by Mr. Bachmann, for the relief of Charles Palmer Cornwell. (The bill and report of the department thereon are as follows:) A BILL For the relief of Charles Palmer Cornwell 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, Charles Palmer Cornwell, late of the United States Navy, shall hereafter be held and considered to have been honorably discharged from the military service of said Navy: Provided, That no pay, pension, or allowance shall be held to have accrued prior to the passage of this act. FOR THE RELIEF OF CHARLES PALMER CORNWELL (H. R. 3894) The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, NAVY DEPARTMENT, Washington, March 3, 1928. House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN. Replying further to the committee's letter of January 11, 1928, transmitting the bill (H. R. 3894), for the relief of Charles Palmer Cornwell, and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform you as follows: The bill provides that in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged soldiers, Charles Palmer Cornwell, late of the United States Navy, shall hereafter be held and considered to have been honorably discharged from the military service of the Navy. The records of the Navy Department show that Cornwell enlisted in the Naval Reserve on July 23, 1918, and served until September 5, 1919, when he was discharged from the naval service with a dishonorable discharge. During Cornwell's period of service he maintained a clear record until March 3, 1919, when he was declared a deserter from the U. S. S. Madawaska. He returned to naval jurisdiction after an absence of eight days; was tried by general court-martial and sentenced to be confined for a period of six months and to be dishonorably discharged from the naval service and to suffer all other accessories of said sentence. The period of confinement was mitigated to restriction to ship or station for a period of four months and the dishonorable discharge was remitted on condition that he maintain a satisfactory record. However, on August 14, 1919, Cornwell refused to take a blood test while in a misconduct status and because of his refusal to obey orders, the dishonorable discharge was effected. The bill H. R. 3894, if enacted, will result in no additional cost to the Navy, but it is probable that a pension charge will be involved now or in the future. The bill H. R. 3894 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 February 20, 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. 3894. Sincerely yours, CURTIS D. WILBUR, STATEMENT OF MISS VIRGINIA MORRIS, SECRETARY TO HON. CARL G. BACHMANN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF WEST VIRGINIA Mr. BURDICK. Miss Morris, do you have some statement to make in regard to this case? Miss MORRIS. I have here a letter from the Navy Department, addressed to Mr. Bachmann, and also a letter from Charles Palmer Cornwell. Mr. BURDICK. Do you know anything about the matter yourself? Miss MORRIS. Nothing, except what is contained in the evidence. I believe we filed some evidence with the committee. Mr. BURDICK. The report of the department is against favorable action on the bill. This is a bill to remove a desertion charge against him. Miss MORRIS. Yes, sir; he was absent for nine days without leave. That is the charge that is made against him. Mr. BURDICK. Then, did he return of his own volition? Mr. BURDICK. You may submit for the record the letters and statements you have relating to the case. (The following letters were submitted for the record:) Hon. CARL G. BACHMANN, Washington, D. C. GRAFTON, W. Va., November 20, 1926. DEAR SIR: I want to take up with you the matter of the discharge from the United States Navy of Charles Palmer Cornwell, fireman, third class, who enlisted in Pittsburgh, Pa., July 23, 1918, as apprentice seaman and was discharged September 5, 1919, from the receiving ship at Hampton Roads, Va., by Edward H. Pinckney, captain, United States Navy. This discharge is given because of absence without leave for about nine days, and a general court-martial recommended four months restriction to the naval base and four months pay. During this time of enlistment, a matter of 10 months, there was no pay received by Cornwell, three months from time of active service and from March, 1919, to September 5, 1919. The character of this discharge is rated dishonorable, and it seems to Cornwell that upon prolonged thought that it seems unjust in view of leniency given (hearsay) other cases of like character. Mr. Cornwell is certified on the discharge as being in debt to the Government 79 cents by H. E. Dunn, acting pay clerk, United States Navy, for H. E. Stengels, lieutenant "P. C." United States Navy. When, on the other hand, he has a letter from T. J. Cowie, Rear Admiral (S. C.), United States Navy, dated August 25, 1920, reference No. R. P. 200, P. B.: E. É. S., stating that the amount of retained pay due would in my opinion square the amount of debt with interest. Therefore it is felt that there is some injustice in this and it is most respectfully requested that you use your good influence in his behalf to straighten this matter It is also stated that this is the only trouble that has been experienced between Cornwell and the Navy Department. out. Trusting that you will advise me further in any information you may need I ask to remain, Very respectfully, N. B.-The serial number is believed to be T 4, 148850. C. P. CORNWELL. Hon. CARL G. BACHMANN, M. C., GRAFTON, W. Va., March 5, 1927. House of Representatives, Washington, D. C. DEAR SIR: In answer to your letter of December 3, 1926, relative to the naval discharge of Charles Palmer Cornwell and the inclosure of letter from Bureau of Navigation. I note in letter from Bureau of Navigation that the mitigated sentence of the general court-martial was of four months restriction to ship or station. It does not specify that he (Cornwell) was also not to receive any pay during such restriction. This being the case and Cornwell having not received any salary for such services, as he may have rendered, what became of it? This period of trouble lasted from March until September. It included in all four months confinement in the Richmond at the Norfolk Navy Yard and restriction to the receiving ship the last-or three months-of the said period. During this time to the best of his knowledge he received no pay. While on the Richmond and through the negligence of the doctor in attendance at the brig "sick bay" I all but lost my leg up to the knee by blood poisoning, and had it not been for the goodness of one of the masters at arms I suppose it would have been. The reason I can speak thus is because the ward doctor of ward 5, Norfolk Naval Hospital, stated that another delay of 24 hours would have been reason enough for amputation. I was in the hospital three or four weeks. Directly I left there I was again taken back to the Richmond and confined until the general court-martial proceedings came back from Washington. After this, the proceedings having returned and sentence having been read to me by the chief master at arms in a very low and undistinguishable sing-song voice, I was taken to the "receiving ship and station" at Hampton Roads, Va., to serve restriction of four months, and forfeit four months' pay. As explained the best those with reputed knowledge of such matters would explain it. It is this that I note the department has nothing to say of. After being sent to Hampton Roads, Va., receiving ship I was assigned to Company Seven, Unit T. and in charge of Chief Petty Officer Pete Rice "water tenders" rating. His home is in the State of Delaware, I believe. Chief Rice could, and would, I know, if he could be located, make affidavit that while on the receiving ship and under his charge I obeyed all orders and instructions as cheerfully and quickly as humanly possible. It was through and by his orders that I was sent to the executive office to operate a typewriter in making out cards for card indexing incoming and outgoing records of men in the service. This I held until I had words with another doctor. Who caused these "words" by using provocative language toward me in his efforts to have me consent to allow myself to become the object of some kind of experiment with them and their hypodermics. Yes, I have confidence only in a physician whom I know to be on the square. Did I not almost lose my leg through their carelessness? Yes, this M. D. even took me to Captain Chadwick, in charge of the station, and tried to have the captain to detail two men to assist him in his business of forcing me to submission. I want to state right here that I was not sick then, now or any time since then that I would require attention of that nature from any physician. We have some mighty competent doctors here and can be examined at any time to prove any question. Whatever was said hereafter among the officers in question I know not, but in the meantime this discharge was prepared and was signed by the executive officer, Commander Pinckney. But I believe is signed Captain Pinckney. I bought every stitch of clothes I possessed including my first outfit which cost me $105 bedding and all. When I left this station they forcibly took my clothing of naval texture, which I had paid for, away from me and marked me in debt 79 cents and that I have had no pay for about seven months. This doctor was connected with the Surgeon General's Office with doctor lieutenant's stripes, but I don't recall his name. I sometimes think that it might be possible that this disturbance was started with a purpose, knowing that no man would stand for, very long, cursing and torture. I am inclosing all correspondence from the Navy Department over this debt question and retained pay vouchAll of this I can swear to be as the absolute truth within the confines of my knowledge and belief. This letter would have been written sooner but your letter to me was mislaid at this place of delivery and I received it on March 4, 1927. Thanking you most sincerely for your generosity and goodness in giving me your most needed assistance, I ask to remain, sir, ers. Most sincerely yours, C. P. CORNWELL. |