PROVIDING A NAUTICAL SCHOOL AT THE PORT OF LOS ANGELES, CALIF. (H. R. 15722)

NAVY DEPARTMENT, Washington, March 6, 1929.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letters dated December 17, 1928, and January 5, 1929, transmitting the bills H. R. 15265 and H. R. 15722, respectively, providing for a nautical school at the port of Los Angeles, Calif., and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform you as follows:

The purpose of these bills is to authorize the Secretary of the Navy to furnish a suitable vessel to be used for the benefit of a nautical school to be established at the port of Los Angeles, Calif., under certain conditions, and to authorize an appropriation not to exceed $25,000, providing a like amount be appropriated by the State of California or the city of Los Angeles, for maintaining such a school, and the detail of proper officers of the Navy as superintendent of or instructors in said school.

The conditions of the organization and upkeep of the school as set forth in the bills are essentially similar to those governing the present schools in the States of Massachusetts, New York, and Pennsylvania, and the schools at present authorized by law (act of March 4, 1911, 36 Stat. 1353; U. S. Code, title 34, sec. 1121) for the States of Virginia, Maryland, Michigan, and Washington.

The Navy Department considers that any proper extension of the education of young men of the country in the way of the sea is to the advantage of the Navy and desires that authority be obtained to so assist the school contemplated. Present law authorizes such assistance for a school at San Francisco, but to date the law has not resulted in such a school being established. Should the one be established at the port of Los Angeles, it would be the only one of its kind on the west coast, and should be of distinct value to the Navy.

It is noted that the bills H. R. 15265 and H. R. 15722 are identical in language, except that the latter mentioned bill is a correction of the former in that the proper designation of the port of Los Angeles is used.

The bill H. R. 15722, if enacted into law, will probably result in an increased cost to the Government of not to exceed $25,000 per

annum.

The bill H. R. 15265 was referred to the Bureau of the Budget with the above information as to cost. Under date of February 8, 1929, the Director of the Bureau of the Budget advised the Navy Department that legislation which would amend the law of 1911 so as to (865)

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authorize Federal aid to be extended to one nautical school in the State of California, thereby removing the restriction that said school must be in San Francisco, would not be in conflict with the financial program of the President.

In view of the above, if the bill H. R. 15722 be amended as indicated by the Director of the Bureau of the Budget, the Navy Department recommends that it be enacted.

Sincerely yours,

C. F. ADAMS, Secretary of the Navy.

A BILL Providing a nautical school at the port of Los Angeles, California

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, to promote nautical education, is hereby authorized and empowered to furnish, upon the application in writing of the governor of the State, a suitable vessel of the Navy, with all her apparel, charts, books, and instruments of navigation, provided the same can be spared without detriment to the naval service, to be used for the benefit of any nautical school, or school or college having a nautical branch, established at the port of Los Angeles, California, upon the condition that there shall be maintained at such port a school or branch of a school for the instruction of youths in navigation, steamship-marine engineering, and all matters pertaining to the proper construction, equipment, and sailing of vessels or any particular branch thereof.

SEC. 2. That a sum not exceeding the amount annually appropriated by the State of California or the city of Los Angeles for the purpose of maintaining such a marine school, or school or the nautical branch thereof, is hereby authorized to be appropriated for the purpose of aiding in the maintenance and support of such school: Provided, however, That the appropriation for any one year shall not exceed $25,000.

SEC. 3. That the President of the United States is hereby authorized when in his opinion the same can be done without detriment to the public service, to detail proper officers of the Navy as superintendent of or instructors in said school: Provided, That if said school shall be discontinued, or the good of the naval service shall require, such vessel shall be immediately restored to the Secretary of the Navy and the officers so detailed recalled: And provided further, That no person shall be sentenced to or received at said school as a punishment or commutation of punishment for crime.

SEC. 4. That all laws and parts of laws in conflict herewith are hereby repealed.

FOR THE RELIEF OF THOMAS A. DWYER (H. R. 16404)

NAVY DEPARTMENT, Washington, March 6, 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 19, 1929, transmitting the bill (H. R. 16404) for the relief of Thomas A. Dwyer, 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 authorize the President to restore Thomas A. Dwyer, now a pay clerk on the retired list, to the active list of the Navy in the grade of pay clerk, provided he shall establish to the satisfaction of the Secretary of the Navy his physical, mental, moral, and professional fitness to perform the duties of pay clerk, and no back pay or allowances to accrue prior to the passage of the act. The records of the Navy Department show that Thomas A. Dwyer was born on October 31, 1891. After a period of eight years as an enlisted man he was appointed an acting pay clerk in the Navy from November 29, 1920. He was warranted a pay clerk from November 29, 1921, in which rank he served until May 7, 1924, when he was retired because of dementia precox.

Mr. Dwyer was discharged as cured from St. Elizabeths Hospital in June, 1924. When he was discharged from St. Elizabeths Hospital he was examined personally by the full staff of the hospital assembled in conference, and it was their opinion that he was entirely recovered. So far as is known by the Navy Department, he has manifested no indications of mental instability since that time. From all the evidence available, the Bureau of Medicine and Surgery of the Navy Department is of the opinion that the cure in this case is permanent.

As a general proposition the Navy Department does not desire to approve the return of retired officers to the active list. To do so denies promotion of active officers to the existing vacancies. However, in this case there is no denial of promotion, since the grade of pay clerk is the lowest officer grade in the Supply Corps. Furthermore, the reinstatement provided for in this bill would be effected only after physical examination. Vacancies in the grade of pay clerk are normally filled by the appointment of enlisted men who qualify on examination. Frequently an insufficient number of such men qualify to fill the existing vacancies.

Should this bill be enacted there would be no cost to the Government involved, but rather there would be a saving of the retired pay of Mr. Dwyer of approximately $1,512 per annum.

In view of the above and in view of the fact that, in the opinion of the Bureau of Medicine and Surgery of this department, the cure in this case is permanent, the Navy Department offers no objection to the enactment of the bill, H. R. 16404.

Sincerely yours,

C. F. ADAMS, Secretary of the Navy.

A BILL For the relief of Thomas A. Dwyer

Be it enacted by the Senate and House of Representatives of the United States of of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to restore Thomas A. Dwyer, now a pay clerk on the retired list, to the active list of the United States Navy, in the grade of pay clerk: Provided, That the said Thomas A. Dwyer shall establish to the satisfaction of the Secretary of the Navy, by examination pursuant to law, his physical, mental, moral, and professional fitness to perform the duties of pay clerk: And provided further, That the said Thomas A. Dwyer shall not, by the passage of this act, be entitled to any back pay or allowances.