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having considered the same, report thereon with the recommendation that it do

pass.

This legislation is for the purpose of retiring on three-quarters pay the licensed officers of the United States Army Transport Service upon reaching their retirement age or upon becoming physically disabled in line of duty. The bill would affect six officers during 1928 at a cost of $15,210, and would gradually increase for the 10 years up to 1938 until it reached 13 officers at a cost of $31,170 per annum, provided none of these officers died during this period of 10 years.

The particular reason for this legislation is that these officers are responsible on Army transports on the high seas for the lives of many thousands of passengers yearly. They are subject to great exposure and intense strain at times, must spend nearly their entire time at sea away from their families; many of them who have served since the Spanish-American War are now approaching an age at which they must, on account of physical disabilities or the compulsory-retirement age, retire from active service, and have nothing to look forward to after such retirement but a pittance of $60 to $75 a month. This legislation if enacted will place this most deserving class of Army employees in the same status concerning retirement pay as that enjoyed by the Coast Guard and lighthouse employees, whose duties are somewhat analogous, although not involving such great responsibilities for safety of passengers as those devolving upon the licensed officers of the Army Transport Service.

This retirement feature would produce a gradual flow of promotion, attract the best class of navigators and engineers, and keep them in the transport service after joining.

The Army Transport Service has been continued for 30 years at a great saving to the Government in the necessary transportation of its personnel and material. This huge work and immense saving carried on with all the hazards which pertain to the deep sea has been conducted without a single loss of life. The continued excellence of this service is largely due to the performance of duty by these licensed officers of the transport service. They are in a position where the Government really owes them a debt of gratitude, and it is felt to retire such men on a pittance would be a grave injustice.

The following is quoted from the hearing held on this bill April 14, 1928: "Mr. JAMES. General Pope, all the men who are on the harbor boats get their retired money out of the same fund for retirement pay as these men who do this overseas work on the Army transports, do they not?

"General POPE. Yes, sir; they are all under the civil service retirement law. "Mr. JAMES. And you think that men who go to sea like Captain Williams and Captain Scott are entitled to more consideration than men on the harbor boats and harbor tugs?

"General POPE. Yes, sir.

"Mr. JAMES. You think something should be done for these men to increase the amount of retirement pay they are now getting?

"General POPE. Yes, sir; I certainly think so."

During the last session of Congress this subject was under consideration in the form of H. R. 15974, which read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter those persons who have served continuously for thirty years or more on seagoing vessels of the Army Transport Service shall be retired from active service with the Government and receive retired pay as hereinafter specified: Provided, That those persons who hold licenses as navigators or engineers who have reached the age of sixty-four years and who have served twenty-five years or more on seagoing vessels, or who after five years of such service have been detached from such actual sea duty and have been assigned to other duty in the interests of the Government, who have become physically unfit for service in line of duty, shall be retired.

SEC. 2. Those persons retired as specified in section 1 of this act shall receive compensation equal to three-fourths of the average annual pay received for the past five years of service: Provided, That such retirement pay shall not include any amount on account of subsistence or other allowance.

The subcommittee of the Military Affairs Committee, which had this bill under consideration, did not consider favorably the proposition of granting retirement privileges to those persons "who after five years of such service have been detached from such actual sea duty and have been assigned to other duty in the interests of the Government, who have become physically unfit for service in line of duty," and the Secretary of War in his report on that bill (H. R. 15974) stated in part as follows:

"In no event should the provisions of such a bill grant the contemplated retire. ment privileges to Army transport personnel other than licensed officers. It is also believed unwise to grant the proposed retirement privileges to licensed officers who shall have served only a few years as such."

The subcommittee, therefore, did not take favorable action on H. R. 15974. In the same letter, however, the Secretary of War stated:

"It is believed that the bill would be improved were it to read as follows:"

A BILL Providing retirement for persons who hold licenses as navigators or engineers who have reached the age of sixty-four years and who have served twenty-five years or more on seagoing vessels of the Army Transport Service

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter licensed officers of the Army Transport Service who have reached the age of sixty-four years and who have served twenty-five years or more on Army transports, who have become physically unfit for service in line of duty, shall be retired.

SEC. 2. Those persons retired as specified in section 1 of this act shall receive compensation equal to three-fourths of the average annual pay received for the past five years of service: Provided, That such retirement pay shall not include any amount on account of subsistence or other allowance.

It is recognized that present provision for retirement of civilian employees does not give adequate compensation to licensed officers of the Army Transport Service; their employment is away from home and involves some risks; they hold positions of great responsibility; they have for many years rendered arduous and highly satisfactory service to the Government and should be properly rewarded for such service; such reward should keep open the door of hope to these old and faithful servants as well as provide places which would probably be sought by a high type of ambitious young men; the cost to the Government would be small and the money wisely expended.

There are attached hereto two statements giving certain pertinent data relating to licensed officers of the Army Transport Service, together with the approximate cost for the first five years in the event of their being granted the retirement privilege proposed in the bill.

The approximate cost referred to in the last paragraph of the above letter is that which is shown in the early part of this report.

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TO GIVE WAR-TIME RANK TO RETIRED OFFICERS AND FORMER OFFICERS OF THE UNITED STATES ARMY

JUNE 4, 1930.-Referred to the House Calendar and ordered to be printed

Mr. WAINWRIGHT, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 465]

The Committee on Military Affairs, to whom was referred the bill (S. 465) to give war-time rank to retired officers and former officers of the United States Army, having considered the same, report thereon with the recommendation that it do pass.

Section 1 of the bill applies to retired officers only, and under its provisions they will be advanced automatically in rank to the highest grade held by them during the World War. It is so worded as to render it unnecessary for the President to send the names of the officers to the Senate for confirmation, as was required by the original Tyson bill. A proviso makes it clear that the officers will receive no increase of pay or allowances.

Section 2 applies to former officers and retired warrant officers and enlisted men, and authorizes them to "bear the official title and upon occasions of ceremony, to wear the uniform of the highest grade held by them during their war service." More than a hundred thousand former emergency officers will be benefited by this section.

Recognition was given officers of the Civil War by the act of July 28, 1866, which authorized officers of the active list as well as retired officers to "bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet of other commissions, in the volunteer service" during the Civil War. This measure will entitle officers to have the rank they held during the World War if their service is honorable.

The report of the Senate Committee on Military Affairs explains the legislation and includes a copy of the War Department report on the measure. It is therefore made a part of this report, as follows:

[Senate Report No. 499, Seventy-first Congress, second session]

The Committee on Military Affairs, to which was referred the bill (S. 465), to give war-time rank to retired officers and former officers of the United States

Army, having considered the same, report favorably thereon with the recommendation that it do pass with the following amendments:

Page 2, line 6, before the word "retired" at the beginning of the line insert the words "active or".

Page 2, lines 8 and 9, strike out the words "held temporary commissions as officers of" and insert in lieu thereof the following: "have served honorably in". Page 2, lines 9, 10, 11, and 12, strike out the following: the World War, and who have been or may be hereafter honorably discharged from such commissions and from the military service,", and insert in lieu thereof the word "war".

Page 2, line 12, after the word "shall" insert a comma and the following: "when not in the active military service of the United States,".

Page 2, line 14, after the word "them" strike out the remainder of section 2, and insert in lieu thereof the following: "during their war service."

The purpose of this bill is to grant to persons who have served in our armed forces during war suitable recognition of their services.

The following is a brief history of this legislation.

The late Senator Tyson first introduced his bill to give war-time rank to retired officers in the Sixty-ninth Congress as S. 3878, and it passed the Senate July 1, 1926, but no action was taken on it by the House.

Senator Tyson reintroduced the bill as S. 2258 in the Seventieth Congress, and, after passing the Senate a second time on March 2, 1928, it again failed of action in the House.

The bill was incorporated as section 8 in the Army promotion bill (S. 3269) as it passed the Senate at the last session of the Seventieth Congress. It is also incorporated as section 10 in the Army motion bill (S. 4, 71st Cong.) which passed the Senate on May 15, 1929, and is now pending in the House. The Senate has thus on four separate occasions registered its approval of the proposal to give war-time rank to retired officers.

Being deeply interested in the matter, and realizing that some change in the wording or provisions of his original bill was necessary to obtain favorable action in the House, Senator Tyson made a study of the hearings before the House Committee on Military Affairs. From these he learned that the principal objections to the bill were: First, that it required the officers to be nominated by the President and confirmed by the Senate before promotion on the retired list to their war-time grade; second, that a too strict construction by the War Department of the word "creditable" might deprive some officers of long service, extending through three or four wars, and with excellent records of the advancement provided by the bill; and, third, that no provision was made for former officers with World War service."

Senator Tyson then revised his bill to remove these objections and reintroduced it on April 23, 1929, as S. 465, Seventy-first Congress.

Under the new wording Regular Army officers will be advanced automatically to the higher grades on the retired list on the date of approval of this act by the President, or upon retirement in case of those still on the active list, and no officer can be deprived of his World War rank on the retired list, unless placed in class B, because of inefficiency. Under a new section (sec. 2) former World War officers are "entitled to bear the official title and upon occasions of ceremony, to wear the uniform of the highest grade held by them during that war.' wording of this section follows that of the act of July 28, 1866, and section 34 of the act of February 2, 1901, relating to officers who served in the Volunteers during the Civil War and Spanish-American War, respectively.

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To provide a measure of comfort for the families of those officers who have died since the war, some of whom rendered distinguished service in command of brigades and divisions in France, Senator Tyson added a proviso to section 1 authorizing the posthumous advancement in rank of deceased officers to the highest grade held by them during the World War.

The Secretary of War in letter of May 23, 1929, recommended and urged the enactment of the revised bill (S. 465) with certain changes which have been made by committee amendments. This letter reads as follows:

Hon. DAVID A. REED,

Chairman Committee on Military Affairs,

WAR DEPARTMENT, Washington, D. C., May 23, 1929.

United States Senate.

DEAR SENATOR REED: I am pleased to comply with your request of April 27, 1929, for a report on S. 465.

The subject of the proposed legislation is a bill to give war-time rank to retired officers and former officers of the United States Army.

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