AUTHORIZING THE APPOINTMENT OF MIDSHIPMEN TO THE UNITED STATES NAVAL ACADEMY FROM THE CANAL ZONE (H. R. 16717)

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 February 4, 1929, transmitting the bill (H. R. 16717) authorizing the appointment of midshipmen to the United States Naval Academy from the Canal Zone, 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 the number of midshipmen now authorized by law at the United States Naval Academy be increased by four. Such midshipmen shall be appointed by the President, upon the recommendation of the Governor of the Panama Canal, from among actual residents of the Canal Zone who are citizens of the United States.

The bill H. R. 16717, if enacted into law, will result in an additional cost against naval appropriations of approximately $3,000 per year. A bill (H. R. 16353) which is similar to the bill H. R. 16717 with reference to that part which relates to midshipmen at the United States Naval Academy, was referred to the Bureau of the Budget with the above information. Under date of February 25, 1929, the Director of the Bureau of the Budget advised the Navy Department that the proposed legislation is 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. 16717.

Sincerely yours,

C. F. ADAMS, Secretary of the Navy.

A BILL Authorizing the appointment of midshipmen to the United States Naval Academy from the

Canal Zone.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the number of midshipmen now authorized by law at the United States Naval Academy is increased by four. Such midshipmen shall be appointed by the President, upon the recommendation of the Governor of the Panama Canal, from among actual residents of the Canal Zone who are citizens of the United States.

TO AMEND THE ACT APPROVED JUNE 22, 1926, ENTITLED "AN ACT TO AMEND THAT PART OF THE ACT APPROVED AUGUST 29, 1916, RELATIVE TO THE RETIREMENT OF CAPTAINS, COMMANDERS, AND LIEUTENANT COMMANDERS IN THE LINE OF THE NAVY," H. R. 17322

NAVY DEPARTMENT, Washington, March 2, 1929.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: I have the honor to transmit herewith a proposed draft of a bill to amend the act approved June 22, 1926, entitled "An act to amend that part of the act approved August 29, 1916, relative to the retirement of captains, commanders, and lieutenant commanders in the line of the Navy.'

The purpose of the proposed legislation is to continue in force and effect, until March 5, 1931, the act approved June 22, 1926 (44 Stat.. 761, Ú. S. Code, appendix, title 34, sec. 311a).

Under the act of August 29, 1916 (U. S. Code, title 34, sec. 311), officers who were not selected for promotion remained in their existing grade until they reached certain ages at which they became ineligible for selection and were automatically retired. These ages were, captains 56, commanders 50, lieutenant commanders 45. This age-ingrade retirement law was temporarily replaced by the act of June 22, 1926 (U. S. Code, appendix, title 34, sec. 311a), which provides for the retirement of lieutenant commanders, commanders, and captains upon the completion of 21, 28, and 35 years of commissioned service, respectively, if they have not been selected for promotion. This change was made because of the injustice done the older members of the Naval Academy classes. Thus an officer who, for no other reason than entering the Naval Academy relatively old, is older than his contemporaries on the Navy list might well under the age limit be forced to retire for age in grade before he has reached the top group of his grade and thereby become prominently considered for selection. Of course, it is within the province of the selection board to dip way down the list and select men in this position, but unless they have unusually outstanding qualities the board would not be inclined to do this, and the officer would be forced to retire without a fair chance at selection.

The act of June 22, 1926, cited above, was made temporary in duration, partly in order that its success might be adjudged and partly because it was expected that an entire bill relating to personnel legislation of the Navy and making permanent this temporary law would be introduced and passed before the limiting date. The act of June 22, 1926, has been successful and its provisions are incorporated (871)

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in the bill H. R. 14039, which passed the House of Representatives this session, and is now pending before the Senate.

Inasmuch as the bill H. R. 14039, embracing other provisions of law may not be enacted, and in order to continue in force and effect the present temporary law, it is recommended that the proposed legislation be enacted."

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL To amend the act approved June 22, 1926, entitled "An act to amend that part of the act approved August 29, 1916, relative to the retirement of captains, commanders, and lieutenant commanders in the line of the Navy"

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act approved June 22, 1926 (Forty-fourth Statutes at Large, page 761, chapter 649; United States Code, appendix, title 34, section 311a), entitled "An act to amend that part of the act approved August 29, 1916, relative to the retirement of captains, commanders, and lieutenant commanders in the line of the Navy," is hereby amended by striking out the figures "1929" appearing in the first sentence of said act, and in lieu thereof inserting the figures "1931”, so that as amended said act shall read as follows: "That until March 5, 1931, the provisions contained in the act approved August 29, 1916 (Thirty-ninth Statutes at Large, page 579), which provide for the retirement of captains, commanders, and lieutenant commanders of the line of the Navy who are more than fifty-six, fifty, and forty-five years of age, respectively, and who have become ineligible for promotion on account of such age, be, and the same are hereby, modified to the extent that captains, commanders, and lieutenant commanders shall not become ineligible for promotion and shall not be retired until they have completed thirty-five, twenty-eight, and twenty-one years, respectively, of commissioned service in the Navy, and upon the completion of such service, if not recommended for promotion, they shall be retired without regard to age under the conditions specified in said act: Provided, That the commissioned service of Naval Academy graduates, for the purpose of this act only, shall be computed from June 30 of the calendar year in which the class with which they graduated completed its academic course, or, if its academic course was more or less than four years, from June 30 of the calendar year in which it would have completed an academic course of four years."

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FOR THE RELIEF OF GRANT R. KELSEY, ALIAS VINCENT J. MORAN (H. R. 14973)

NAVY DEPARTMENT, Washington, March 7, 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 December 17, 1928, transmitting the bill (H. R. 14973) for the relief of Grant R. Kelsey, alias Vincent J. Moran, 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 any laws conferring rights, privileges, and benefits upon honorably discharged soldiers, sailors, and marines, Grant R. Kelsey, alias Vincent J. Moran, shall hereafter be held and considered to have been discharged honorably from the naval service as a landsman, U. S. S. Wilmington, on February 21, 1901.

The records of the Navy Department show that Kelsey was born on April 15, 1876. He enlisted in the Navy for a period of four years on February 15, 1901. He served for a period of only six days when he was declared a deserter from the U. S. S. Wilmington on February 21, 1901.

In view of Kelsey's short period of naval service and the fact that he thereafter served honorably in the Army from September 8, 1899, to January 30, 1901, from January 2, 1903, to January 5, 1905, and from January 6, 1905, to January 2, 1906, and in order that Kelsey may secure such pension as his Army service entitles him to, the Navy Department considers this an exceptional case.

The bill (H. R. 14973), if enacted into law, will result in no additional cost to the Navy; however, it is probable that a pension charge will be involved now or in the future.

The bill (H. R. 14973) was referred to the Bureau of the Budget with the above information as to cost and a statement that the Navy Department contemplated interposing no objection to its enactment. Under date of February 21, 1929, 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 interposes no objection to the enactment of the bill H. R. 14973.

Sincerely yours,

C. F. ADAMS, Secretary of the Navy.