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74TH CONGRESS 1st Session

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SENATE

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REPORT No. 426

TO AUTHORIZE THE CREDITING OF SERVICE RENDERED BY PERSONNEL (ACTIVE AND RETIRED) SUBSEQUENTLY TO JUNE 30, 1932, IN THE COMPUTATION OF THEIR ACTIVE OR RETIRED PAY AFTER JUNE 30, 1935

MARCH 13 (calendar day, APRIL 5), 1935.—Ordered to be printed

Mr. WALSH, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany S. 2287]

The Committee on Naval Affairs, to whom was referred the bill (S. 2287) to authorize the crediting of service rendered by personnel (active or retired) subsequently to June 30, 1932, in the computation of their active or retired pay after June 30, 1935, having considered the same, report it to the Senate with the recommendation that the bill do pass.

The purpose of the bill is to credit the personnel of the services whose compensation is fixed by the Pay Adjustment Act of 1922 with service rendered during the fiscal years 1933, 1934, and 1935 for the purpose of computing their pay after June 30, 1935.

The Pay Adjustment Act of 1922 establishes the rate of pay for the personnel of the Navy, Marine Corps, Army, Coast Guard, Coast and Geodetic Survey, and the Public Health Service. The rates of pay are fixed in six periods for officers below the rank of brigadier general in the Army and Marine Corps and rear admiral in the Navy, ranging from $1,500 to $4,000 per annum. Officers advance in pay periods as the results of length of service or promotion. In addition, the Pay Adjustment Act provides for an increase of 5 percent of the base pay of the period for each 5 years of service up to 30 years.

Section 201 of the act of June 30, 1932, as continued in force up to and including the fiscal year 1935 suspended longevity increases for the fiscal years 1933, 1934, and 1935. Pay-period advancements were suspended during the fiscal years 1933 and 1934, and because of the wording of the economy laws and the interpretations of the Comptroller General the service rendered by officers during these 3 years will not be counted in the future without this remedial legislation,

which will make the various officers of the services above-mentioned suffer a permanent reduction of pay.

This double penalty placed upon these officers, and particularly the younger officers, by the economy laws is unjust and if continued would be detrimental to the morale of these services. The President and the Director of the Budget have suggested this legislation in the President's Budget message of January 3, 1935, and such money as was needed for this purpose was included in the Budget.

This bill is recommended by the Navy Department and the letter from the Secretary of the Navy to the Chairman of the Committee on Naval Affairs is hereby made a part of this report.

No back longevity pay for the fiscal years 1933, 1934, and 1935 is authorized.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

NAVY DEPARTMENT, Washington, March 25, 1935.

United States Senate, Washington, D. C.

MY DEAR MR. CHAIRMAN: The Navy Department has noted the introduction of the bill S. 2287, to authorize the crediting of service rendered by perso nel (active or retired) subsequently to June 30, 1932, in the computation of their active or retired pay after June 30, 1935, and its reference to your committee.

The purpose of this bill is to credit the personnel of the services whose compensation is fixed by the Pay Adjustment Act of 1932 with service rendered during the fiscal years 1933, 1934, and 1935 for the purpose of computing their pay after June 30, 1935. No back longevity pay for the fiscal years 1933, 1934, and 1935 is authorized.

The Pay Adjustment Act of 1922 (42 Stat. 686) establishes the rates of pay for the personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and the Public Health Service. The rates for six pay periods are fixed for officers below the grades of brigadier general in the Army and Marine Corps and rear admiral in the Navy, ranging from $1,500 to $4,000 per annum. Officers advance in pay periods as the result of length of service and promotion. In addition, the Pay Adjustment Act provides for an increase of 5 percent of the base pay of the period for each 3 years of service up to 30 years.

Section 201 of the act of June 30, 1932 (47 Stat. 403), as continued in force up to and including the fiscal year 1935, suspended longevity increases for the fiscal years 1933, 1934, and 1935. Pay-period advancements were suspended during the fiscal years 1933 and 1934. Because of the wording of the economy laws, and the interpretations of the Comptroller General, the service rendered by officers during these 3 fiscal years will not be counted in the future without remedial legislation, and the officers of the various services will suffer a permanent reduction of pay.

The Navy Department believes that such a result will be highly detrimental to the morale of the naval service and will cause undue hardship and distress, particularly among the younger officers.

In the appendix of the budget of the United States Government for the fiscal year ending June 30, 1936, as submitted to Congress with the President's message of January 3, 1935, legislation in the identical language of S. 2287 was suggested to Congress to remedy this situation and the money was included in the Budget for this purpose.

The Navy Department recommends the enactment of S. 2287.

Sincerely yours,

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74TH CONGRESS 1st Session

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SENATE

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REPORT No. 427

AUTHORIZING PERSONNEL OF THE NAVAL SERVICE TO WHOM A COMMEMORATIVE OR SPECIAL MEDAL HAS BEEN AWARDED TO WEAR IN LIEU THEREOF A MINIATURE FACSIMILE OF SUCH MEDAL AND A RIBBON SYMBOLIC OF THE AWARD

MARCH 13 (calendar day, APRIL 5), 1935.-Ordered to be printed

Mr. GERRY, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany S. 1208]

The Committee on Naval Affairs, to whom was referred the bill (S. 1208) authorizing personnel of the naval service to whom a commemorative or special medal has been awarded to wear in lieu thereof a miniature facsimile of such medal and a ribbon symbolic of the award, having considered the bill, report it to the Senate with the recommendation that the bill do pass.

The purpose of the bill is to authorize the personnel of the naval service to wear miniature facsimiles of medals and special awards that have been duly received.

It appears that the standard size of such congressional medals is about 21⁄2 inches in diameter and are unsuitable to wear by the personnel to whom they have been awarded, in most cases, due to the large size of the medal. In the case of standard personal medals such as the Congressional Medal of Honor, the Distinguished Flying Cross, the Navy Cross, and the Distinguished Service Medal, this difficulty has been obviated by the legislation governing the award of such medals, wherein specific authority is granted for the wearing of rosettes, ribbons, or other devices in lieu of the medals themselves. However this is not true in the case of commemorative or special medals, such as the commemorative medal given for the first transAtlantic flight. It is believed that the recipient of such an award should be allowed to wear some smaller symbol of this award upon certain occasions, but this legislation will have to be enacted before the Navy can grant the authority for the wearing of these miniature facsimiles.

This legislation will result in no additional cost to the Navy and is recommended by the Department as indicated in the letter from the

Secretary of the Navy to the Chairman of the Committee on Naval Affairs which is hereby made a part of this report.

NAVY DEPARTMENT, Washington, November 14, 1934.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill authorizing members of the naval service to which a commemorative or special medal has been awarded to wear in lieu thereof a miniature facsimile of such medal and a ribbon symbolic of the award.

The purpose of the proposed legislation is to grant authority to personnel of the Navy and Marine Corps who have been, or shall be, awarded commemorative or special medals which on account of size are not suitable to be worn, to wear in lieu thereof a miniature facsimile and a ribbon symbolic of the award in accordance with regulations issued by the Secretary of the Navy.

It appears that the standard size of such congressional medals is 21⁄2 inches in diameter, the smallest being 16 inches and the largest 4 inches. Thirty-one of fifty medals that have been awarded, or 62 percent, have been 21⁄2 inches in diameter, with the majority of the remaining ones within a few sixteenths of an inch of that size. On account of their size they are in most instances unsuitable to be worn by the personnel to whom they have been awarded. In the case of standard personal medals, such as the Congressional Medal of Honor, the Distinguished Service Medal, the Navy Cross, and the Distinguished Flying Cross, this difficulty has been obviated by the legislation governing the award of such medals, wherein specific authority is granted for the wearing of rosettes, ribbons, or other devices, in lieu of the medals themselves. This is not true in the case of commemorative or special medals, such as that authorized by the act of February 9, 1929 (45 Stat. 1156) to commemorate the first successful transAtlantic flight. Commemorative or special medals of this sort have been authorized by the Congress in about 25 cases for the Navy, the first one being the medal awarded to John Paul Jones for the Serapis action by resolution of Congress of October 10, 1787.

The Navy Department considers that the recipient of a commemorative or special medal should be entitled, upon certain occasions, to wear some symbol of the award in accordance with regulations governing such matters, and that congressional authority for miniature facsimiles and ribbons to be worn in lieu of such medals is necessary before instructions to that effect are issued by the Navy Department.

The proposed legislation, if enacted into law, would result in no additional cost to the Government, because the facsimile miniature medals and ribbons would be made at private expense.

The Navy Department recommends that this measure be enacted.

Sincerely yours,

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MARCH 13 (calendar day, APRIL 5), 1935.-Ordered to be printed

Mr. SCHALL, from the Committee on Indian Affairs, submitted the

following

REPORT

[To accompany S. 1492]

The Committee on Indian Affairs, to whom was referred the bill (S. 1492) to compensate the Chippewa Indians of Minnesota for lands set aside by treaties for their future homes and later patented to the State of Minnesota under the Swamp Land Act, having considered the same, report thereon with a recommendation that it do pass without amendment.

By the treaty of February 22, 1855 (10 Stat. 1155), negotiated and executed at Washington, the United States agreed to set apart "a sufficient quantity of land for the permanent homes" of the Chippewa Indians, and by said treaty did set apart nine reservations described by metes and bounds then believed to be sufficient for the requirements of the Indians. By the same treaty the Indians ceded to the United States approximately 21,000 square miles of their lands. When the exterior boundaries of the nine reservations were definitely located on the ground it was discovered that the quantity of land reserved was inadequate to the needs of the Indians, and great dissatisfaction arose. Thereafter negotiations were entered into looking to a restoration to the Indians of so much of the ceded lands as were adequate to their requirements but were delayed by conditions that arose preceding the Civil War. Before the controversy was adjusted Congress by the act of March 12, 1860 (12 Stat. 3) extended the Swamp Land Act of September 28, 1850 (9 Stat. 519) to the State of Minnesota, by which all "swamp lands" within its limits were granted to the State, with the following proviso:

Provided, That the grant hereby made shall not include any lands which the Government of the United States may have reserved, sold, or disposed of (in pursuance of any law heretofore enacted) prior to the confirmation of title to be made under the authority of the said Act.

8. Repts., 74-1, vol. 1- 41

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