It appears that Pound was enrolled in the Naval Reserve Force May 23, 1918, and was sent home to await orders. In such cases it was held by the Navy Department that men ordered home for the convenience of the Government were in a duty status and entitled to medical attention as provided for in naval regulations. It does not appear that report of his illness was made to the Bureau of Medicine and Surgery, but a report was made to the commandant of the sixth naval district. Subsequently when the claim for reimbursement for medical expenses was submitted it was approved by that bureau.

Pound was not disenrolled until June, 1920. This information was furnished the General Accounting Office and removal of the disallowance requested, but this was denied.

Mr. BURDICK. Go to the next item of $3.

Admiral MORRIS. Voucher 162, paid September 5, 1922, for $3, and voucher 5182, paid July 3, 1922, for $275, representing payments made to Dr. P. Ray Meikrantz and Dr. H. A. Price, civilian physicians, for medical services rendered Laurence Poticher, fireman third class, United States Navy, from December 21, 1920, to April 30, 1921. Poticher was on leave of absence at the time he became ill, December 18, 1920. Apparently he reported that he was unable to return to duty at the expiration of leave and the matter being brought to the attention of the Bureau of Medicine and Surgery that bureau recommended, January 24, 1921, that an officer of the Medical Corps be ordered to investigate the case and report all circumstances in connection therewith. The medical officer recommended that Poticher be allowed to remain in the care of his family physician for about two weeks longer and then that he be transferred to a Navy hospital if his condition permitted. The medical officer instructed the physicians in charge to spare no expense that the Navy Department would pay the bills. This recommendation was approved by the Bureau of Medicine and Surgery on February 3, 1921, and by the Bureau of Navigation February 10, 1921. Prior to the approval of these public bills all facts in the case were referred to the Judge Advocate General for a decision as to the Navy's obligation to pay these expenses. It was decided that the Navy should defray all reasonable expenses. The public bills were approved and statement made thereon that the services were authorized by the medical officer at the Navy recruiting station, Philadelphia.

In disallowing these payments the General Accounting Office

states

recommendation of the Navy recruiting station physician that he remain at home, approved by the Bureau of Medicine and Surgery February 3, 1921, and by the Bureau of Navigation February 10, 1921, was of no avail to obligate the Government for this expense.

An attempt was made to have the disallowance removed, but this was denied. The amount of the disallowance was later reduced by a credit of $163, making the amounts now disallowed as follows: Voucher 162, $3; voucher 5182, $275.

The amounts represent the charges incurred by Poticher prior to February 10, 1921, the date of approval by the Bureau of Navigation of the recommendation of the Bureau of Medicine and Surgery. Mr. HALE. Why did he allow some and disallow others?

Admiral MORRIS. Previously it was done by the commandant of the naval district, but had not received the approval of the Bureau

of Navigation. Formal approval was not obtained, in other words, prior to that time from the Bureau of Navigation. The difference is between the time it was approved by the Bureau of Navigation and the other date. The Comptroller General held this man was not under naval jurisdiction while on leave. After the Bureau of Navigation canceled the leave and permitted him to remain home until the time he was transferred to the naval hospital he was under naval jurisdiction.

Mr. BURDICK. The next item amounts to $15.

Admiral MORRIS. That covers a payment made August 11, 1920, to the Sunbury Supply Co. Voucher 3820 was paid under authority of the Bureau of Aeronautics requisition 439, 1923 series. This requisition reads as follows:

* * * to cover the charge of the Sunbury Supply Co., David Lenker, proprietor, for the landing of plane 3414 in Walnut Street Field, Sunbury, Pa., April 21, 1923. This plain was piloted by H. J. Norton, first lieutenant, United States Marine Corps.

The requisition was approved by the Bureau of Aeronautics in accordance with Judge Advocate General's first indorsement of July 6, 1923. The General Accounting Office disallowed this payment as it claimed no services were rendered by the above company and there was no damage to any part of the fields or shrubbery in the vicinity. This, apparently, was based upon information furnished the General Accounting Office by Lieut. H. J. Norton. An attempt was made to have the disallowance removed, but this was denied. The Sunbury Co. has been requested to refund this amount, but claimed that the field was damaged to the extent of $24.10 and refused to make reimbursement. The matter was then referred to the Judge Advocate General by the Bureau of Supplies and Accounts on May 5, 1925, with request that the necessary steps be taken to effect settlement.

Mr. DRANE. I move that the item be approved.
Mr. HALE. I second the motion.

Mr. BURDICK. Without objection, it is so ordered.
The next item covers $137.38.

Admiral MORRIS. Voucher 4708, paid August 28, 1922, to the late Lieut. Robert L. Gressitt, Supply Corps, United States Navy, as reimbursement for the cost of transporting his wife from Bremerton, Wash., to Washington, D. C., on his change of station, as provided in the act of May 18, 1920. When Lieutenant Gressitt submitted his claim for reimbursement for the cost of his wife's transportation his claim was paid in accordance with instructions issued by the Secretary of the Navy to the Bureau of Supplies and Accounts, dated June 16, 1920, construing the act of May 18, 1920, which reads, in part, as follows:

If an officer has been detached from duty and ordered to a hospital for treatment, it would constitute orders to make a permanent change of station, and transportation of wife and children from his station to the place where the hospital is located would be authorized.

This officer died September 14, 1922. He was detached from Bremerton and sent to the naval hospital at Washington, where he died.

Mr. BURDICK. As I understand it, in all these bills taken up this morning your bureau recommends that we report them favorably.

The different sums involved have actually been paid by the disbursing officers under orders of the Secretary of the Navy in each case? Admiral MORRIS. Yes, sir; in every case,

Mr. BURDICK. So that the contractors or men have actually received their money and it is now suspended against the accounts of the various accounting officers or disbursing officers with the Comptroller General?

Admiral MORRIS. Yes, sir; that is correct.

Mr. BURDICK. Repeating, and each payment was made by orders of the Secretary of the Navy?

Admiral MORRIS. That is correct.

Mr. BURDICK. So that if there was any mistake it was a mistake of those higher in authority?

Admiral MORRIS. Yes, sir.

Mr. WILLIAMS. Why does not the specific section of law you read early this morning cover all these cases?

Admiral MORRIS. I did not read the law. I read what the Secretary of the Navy issued in interpreting the law. It is the interpretation of the Secretary of the Navy.

Mr. WILLIAMS. I am mistaken. I thought you were reading the law itself?

Admiral MORRIS. No; it was only his interpretation of the law. Mr. DRANE. I move that the bill be reported favorably.

Mr. HALE. I second the motion.

Mr. BURDICK. In the absence of objection, that will be done. If there is no further business this morning, the subcommittee will now adjourn.

(Thereupon at 11.45 o'clock a. m., Monday, February 11, 1929, the subcommittee adjourned.)

TO PLACE NORMAN O. ROSS ON THE RETIRED LIST OF THE NAVY . (H. R. 15761)

DEPARTMENT OF THE NAVY,

OFFICE OF THE SECRETARY,
Washington, February 12, 1929.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter dated January 5, 1929, transmitting the bill H. R. 15761, to place Norman O. Ross on the retired list of the Navy, 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 authorize the President to appoint Norman A. Ross, formerly a lieutenant (junior grade), Medical Corps, United States Navy, a lieutenant (junior grade), Medical Corps, United States Navy, and to retire him and place him on the retired list of the Navy as lieuntenant (junior grade), with the retired pay and allowances of that grade.

Dr. Norman A. Ross entered the naval service as an assistant surgeon, with the rank of lieutenant (junior grade) on June 27, 1927, and served as such until July 20, 1928, when his resignation was accepted.

From correspondence on file in the Navy Department it appears that a physical examination of Doctor Ross at the time of his resignation showed him to be suffering from tuberculosis. He accordingly requested by telegram that his resignation be canceled. Such telegram was not received in the Navy Department in time to take action hereon prior to the effective date of resignation, and consequently could not be canceled.

Immediately, in July, 1928, a special board was appointed by the Navy Department to inquire into Doctor Ross's condition and that board reported him to be incapacitated for service by reason of tuberculosis contracted in the line of duty.

In view of Doctor Ross's condition, although he was no longer connected with the Navy, he was and has been continued in the hospital as a supernumerary patient. The retention in hospital of such supernumeraries has been recognized by Congress and by the Comptroller General.

The disease from which Doctor Ross is suffering is curable, and in view of the short time Doctor Ross was in the Navy, one year and one month, it is not believed that his reappointment to the Navy and immediate retirement is justifiable. This would add considerable expense to the Government for perhaps many years.

The bill H. R. 15761, if enacted, will result in an increased cost to the Government at the rate of $1,500 per annum.