HOUSE OF REPRESENTATIVES,

COMMITTEE ON NAVAL AFFAIRS,

Monday, December 3, 1928.

The committee this day met at 11.15 o'clock a. m., Hon. Fred A. Britten, chairman, presiding.

STATEMENT OF REAR ADMIRAL RICHARD H. LEIGH, UNITED STATES NAVY, CHIEF OF THE BUREAU OF NAVIGATION

The CHAIRMAN. Let us now consider H. R. 5528, which is a bill to enable electricians, radio electricians, chief electricians, and chief radio electricians to be appointed to the grade of ensign. The bill reads as follows:

[H. R. 5528, Seventieth Congress, first session]

A BILL To enable electricians, radio electricians, chief electricians, and chief radio electricians to be appointed to the grade of ensign

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That electricians, radio electricians, chief electricians, and chief radio electricians shall be eligible for appointment to the grade of ensign under the restrictions imposed by law upon the appointment of boatswains, gunners, machinists, chief boatswains, chief gunners, and chief machinists to that grade.

The CHAIRMAN. Admiral Leigh, will you please explain that bill? Admiral LEIGH. The bill is to enable electricians, radio electricians, chief electricians, and chief radio electricians to be appointed to the grade of ensign. Other warrant officers, such as boatswains, gunners, machinists, chief boatswains, chief gunners, and chief machinists are eligible for promotion to the grade of ensign. The comptroller has ruled that, because those mentioned in this bill, who would benefit by it, were not specifically mentioned in the act of Congress, are not eligible to be appointed to the grade of ensign. The CHAIRMAN. Is that the act of 1922?

Admiral LEIGH. No; it was the act of March 4, 1925, section 12, that created the grades we are discussing, and it provided for the same pay and other benefits received by other warrant officers, but the comptroller has held that the term "other benefits" does not include the right to appointment to the grade of ensign. The act of March 4, 1925, created the grades of electrician, radio electrician, chief electrician, and chief radio electrician with the "same rank, pay, allowances, and other benefits as now are or may hereafter be allowed other commissioned warrant and warrant officers in the Navy," but "other benefits," says the comptroller, does not include the right to be promoted or appointed to the grade of ensign.

The CHAIRMAN. What does the comptroller hold the term "other benefits" to mean?

Admiral LEIGH. The benefits of the war risk insurance, funeral services that are allowed, the six months' gratuity pay to dependents, and so forth. It does not, he says, include the right to be appointed to the grade of ensign.

The CHAIRMAN. This bill would give the opportunity to be appointed to the grade of ensign from now on only-there is nothing retroactive about it?

Admiral LEIGH. That is right; it would place these men in the same. status as are other warrant officers.

The CHAIRMAN. Are there any further questions? [After a pause.] Apparently not; therefore let us proceed to other business.

HOUSE OF REPRESENTATIVES,

COMMITTEE ON NAVAL AFFAIRS,

Monday, December 3, 1928.

The committee this day met at 11.30 o'clock a. m., Britten, chairman, presiding.

Hon. Fred A.

STATEMENT OF REAR ADMIRAL RICHARD H. LEIGH, UNITED STATES NAVY, CHIEF OF THE BUREAU OF NAVIGATION

The CHAIRMAN. The next bill is H. R. 8537, which is a bill for the relief of retired and transferred members of the Naval Reserve Force, Naval Reserve, and Marine Corps Reserve, and reads as follows:

[H. R. 8537, Seventieth Congress, first session]

A BILL For the relief of retired and transferred members of the Naval Reserve Force, Naval Reserve, and Marine Corps Reserve

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assignments of provisional ranks, grades, or ratings heretofore made to members of the Naval Reserve Force or Marine Corps Reserve, including the assignments of higher provisional ranks, grades, or ratings than those first assigned, are hereby validated and shall be conclusive for all purposes, from the dates of such assignments. The transfers to the retired list of all members of the Naval Reserve Force or Marine Corps Reserve heretofore made in the provisional ranks or grades held at the date of their retirement are hereby validated and shall be conclusive for all purposes. SEC. 2. All transfers of enlisted men of the Navy or Marine Corps to the Fleet Naval Reserve or Fleet Marine Corps Reserve created by the acts of August 29, 1916, and February 28, 1925, and all transfers of members of the Fleet Naval Reserve or Fleet Marine Corps Reserve to the retired list heretofore or hereafter made by the Navy Department shall be conclusive for all purposes, and all men so transferred shall from date of transfer be entitled to pay and allowances in accordance with their rank or rating and length of service as determined by the Navy Department at time of transfer.

The CHAIRMAN. Admiral, please explain that bill.

Admiral LEIGH. This is another case from the comptroller that we want to get cleared up.

The CHAIRMAN. It applies solely to the reserve force?

Admiral LEIGH. That is true. This is a case wherein the Secretary of the Navy gave certain reserve officers provisional rank higher than their confirmed rank. The provisional rank was not confirmed, but they held those ranks during war service. All of this entails war service. The comptroller says these men are not entitled to the privileges or benefits of that rank, and that they must go back and take the confirmed rank.

The CHAIRMAN. This bill is made necessary by a decision of the comptroller?

Admiral LEIGH. Yes, sir.

The CHAIRMAN. What additional expense to the Government is involved?

Admiral LEIGH. The annual cost, if the proposed legislation is enacted, will amount to approximately $14,715, for officers, $7,000 for

men.

The CHAIRMAN. Have you, Admiral, anything further to say about the bill now before the committee?

Admiral LEIGH. No, sir; there is nothing further. The first paragraph applies to officers and the second paragraph to enlisted men. The CHAIRMAN. I observe that.

Admiral LEIGH. I think it is clear.

The CHAIRMAN. If Mr. Miller, who will handle this bill, desires any further information from you he will communicate with you. Admiral LEIGH. Very well.

HOUSE OF REPRESENTATIVES,
COMMITTEE ON NAVAL AFFAIRS,
Monday, December 3, 1928.

The committee this day met at 11 o'clock a. m., Hon. Fred A. Britten, chairman, presiding.

STATEMENT OF REAR ADMIRAL EDWARD R. STITT, MEDICAL CORPS, UNITED STATES NAVY, CHIEF OF THE BUREAU OF MEDICINE AND SURGERY

The CHAIRMAN. Let us now consider H. R. 7209, which is a bill to provide for the care and treatment of naval patients, on the active or retired list, in other Government hospitals when naval hospital facilities are not available, and reads as follows:

[H. R. 7209, Seventieth Congress, first session]

A BILL To provide for the care and treatment of naval patients, on the active or retired list, in other Government hospitals when naval hospital facilities are not available

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the Secretary of the Navy may provide for the care and treatment of naval patients on the active or retired list and members of the Naval Reserve or Marine Corps Reserve entitled to treatment in naval hospitals in other Government hospitals when appropriate naval hospital facilities are not available and the Government agencies having control of such other hospitals consent thereto. All expenses incident to such care and treatment received by naval patients in other Government hospitals, excepting Saint Elizabeths Hospital, shall be chargeable to the same appropriation or fund as would be chargeable with the care and treatment of such patients in a naval hospital: Provided, That the deductions authorized by sections 4812 and 4813, Revised Statutes, shall apply to such care and treatment in other Government hospitals, except Saint Elizabeths Hospital, and shall be credited to said appropriation or fund.

The CHAIRMAN. We shall have to go through these bills rapidly because a number of members of the committee desire to leave at 11.30 o'clock to be present at the opening of the Congress. This is a very meritorious bill made necessary by the transfer by the Navy Department of its principal tubercular hospital out West to the Veterans' Bureau. This bill would provide generally for tubercular patients in Government hospitals other than naval hospitals. Is that correct, Admiral?

Admiral STITT. Yes, sir. Before the World War we had a hospital at Fort Lyon, Colo., for the treatment of tuberculous patients. Following the war the patients in that hospital were, of course, subject to discharge for physical reasons from the Navy and they had become beneficiaries of the Veterans' Bureau, so that in the course of a year or two practically all patients in that hospital were Veterans' Bureau patients, because they had served in the war. In other words, that hospital was being run by the Navy largely for the benefit of the Veterans' Bureau.

2197-28-No. 25

We made arrangements with the Secretary of War by which the War Department would take care of any Navy patients who were not beneficiaries of the Veterans' Bureau at Fitzsimons Hospital, Denver, Colo., and the President, by Executive order, turned over the naval hospital at Fort Lyon, Colo., to the Veterans' Bureau, and we transferred our patients to Fitzsimons. That arrangement continued until the comptroller ruled that the retired officers and retired enlisted men and the members of the fleet naval reserve were entitled to treatment in a naval hospital but not elsewhere. When Mr. Denby was Secretary of the Navy he issued an order that, for purposes of hospitalization, Fitzsimons Hospital, Denver, should be considered as a naval hospital; but the comptroller held that such was not a proper order, in that Fitzsimons was not a naval hospital, and that the retired officers and fleet naval reservists and retired enlisted men could not be hospitalized at that hospital. Since that ruling we have informed personnel belonging to those classes that it would be necessary for them to pay their own expenses there. It is mainly in connection with this condition that we ask approval of this bill. Thus far, I may add, the Comptroller General has made no decision against active personnel of the Navy under treatment at Fitzsimons Hospital or the Army and Navy General Hospital at Hot Springs, Ark., which is used especially for the treatment of arthritis; or against the hospital at Ancon, Canal Zone, to which our ships in passing through the canal often send sick patients emergency cases. The reason the word "active" is placed in this bill is to cover such a possible contingency-that the Comptroller General may decide that we have no right to hospitalize in other than naval hospitals even the active personnel. However, so far that has not been done.

The CHAIRMAN. What is your impression as to the number of navy personnel that would be affected by this proposed legislation—would it be small?

Admiral STITT. It is difficult to estimate how many retired officers and fleet naval reservists would take advantage of this. Our judg ment is that it would cost approximately $100,000 to the naval hospital fund. All these expenditures, whether made at Fitzsimons, at the Panama Canal Zone, or at the Army and Navy General Hospital, Hot Springs, would be borne by the naval hospital fund. Under this law we could hospitalize at Veterans' Bureau hospitals, provided the Veterans' Bureau were willing to allow the Navy Department to hospitalize its patients in its hospitals. If the Veterans' Bureau had vacant beds perhaps we could hospitalize in various parts of the country where it has tuberculosis or neuropsychiatric hospitals, but, as you gentlemen know, the neuropsychiatric hospitals of the Veterans' Bureau are filled practically 100 per cent, and many of its tuberculosis hospitals are now so filled that for the present I do not think the Navy Department would be able to hospitalize there retired officers or retired enlisted men or fleet naval reservists who maintain a contractural right to hospitalization by paying 20 cents a month to the hospital fund. I do not think the Veterans' Bureau could give us permission to hospitalize such patients of ours.

The CHAIRMAN. You have just stated that the cost of this bill would be approximately $100,000?

Admiral STITT. Yes, sir.

The CHAIRMAN. Is that per annum?

Admiral STITT. That is right.

Mr. ANDREW. And that is chargeable to the naval hospital fund? Admiral STITT. Yes, sir.

The CHAIRMAN. What is the income of the naval hospital fund? Admiral STITT. Approximately $1,000,000.

The CHAIRMAN. That is the income per annum? Admiral STITT. That is the income per annum. We receive our largest contribution to that fund from "Fines and forfeitures." During the World War the income from that source was very large indeed; but during the last year or so we have been receiving about $700,000 a year from that source. However, the Bureau of Supplies and Accounts now estimates that for the next year or two the income from that source will not exceed $500,000.

Mr. DARROW. How much is in that fund now?

Admiral STITT. On June 30, 1927, we had a balance of $1,196,775.07; in 1928, $1,225,349.51; 1929, $1,098,349.51, and we estimate for 1930, $1,000,947.51. The amount varies principally because the amount received from "Fines and forfeitures" has gone down from about $700,000 to, in 1930, about $500,000. In addition to that we have the 20 cents a month that is paid by each officer and enlisted man on the active list. The retired officers, retired enlisted men, and certain classes of fleet naval reservists also pay 20 cents a month. These amount to approximately $300,000 a year.

Mr. DARROW. That is the yearly amount received from that source? Admiral STITT. Yes, sir. The figures I have given are what we have with the surplus left over, plus the income for that year.

Mr. ANDREW. The 20 cents a month from each officer and enlisted man amounts to $300,000 a year, as I understand?

Admiral STITT. It amounts approximately to $300,000.

Mr. ANDREW. And the contributions by way of "fines and forfeitures" amount to about $700,000 a year?

Admiral STITT. Yes, sir; but it is estimated that during the next year the amount from that source will approximate $500,000 only, which is a decline.

Mr. VINSON. That is due to the leniency of the commanding officers probably, Admiral.

Admiral STITT. I hardly think so. I think it is due to the fact that the men are becoming better.

Mr. ANDREW. Is the amount chargeable against this naval hospital fund decreasing from year to year or is it increasing since the war?

Admiral STITT. The charges against the fund remain fairly constant. The only reason the fund is not decreasing is because the Veterans' Bureau estimate as to the number of beds it is going to use in our hospitals has each year been below the actual utilization of our facilities. For example, the Veterans' Bureau will estimate that it will send, say, an average of 1,500 patients per day to naval hospitals. That will be the estimate for the year. At the end of the year we will learn that we had actually to care for 1,700 patients per day for the Veterans' Bureau. The hospitalization of Veterans' Bureau patients for general medical and surgical conditions not service connected is increasing steadily. The only hospitals available for such cases in the metropolitan districts of Boston, New York, and Philadelphia are our hospitals. As a result of this use of our facilities to