March 1, 1929, and April 27, 1928) in accordance with the rank held at the time of the accident.

If there is no intent to lessen the rates provided for invalids under the general laws now in force, the provision in lines 14 and 15, page 2, "that no distinction shall be made between officers and enlisted personnel in applying the provisions of this act," should be omitted. If there is an intent to change the existing basis of rating for invalids, it is believed that the provision in lines 14 and 15, page 2, should be changed to read: "That no distinction shall be made between officers and enlisted personnel in applying the provisions of this section." tion be made between officers and enlisted personnel, the only rate affected will be the $30 rate which may be allowed or proportionately divided.

If a distinc

Under section 2 the minimum rate for a widow or minor child is raised from $12, authorized by existing law, to $30 a month. It is understood from the phrase "and entitled to receive a less rate than hereinafter provided" (lines 20 and 21, p. 2) that the provision for a $20 rate to a dependent mother or father also provides an increase from $12 a month (act March 19, 1886, 24 Stat. 5) to a minimum rate of $20 a month, but that a higher rate could be allowed if the case came within the provisions of section 4707, Revised Statutes. Death of an officer who contracted his fatal disability while serving as a major or in a higher rank would entitle a dependent mother or father to a rate of $25 or $30 a month.

The effect of section 3 of the bill would be to transfer from the Commissioner of Pensions and the Secretary of the Interior to the Secretary of War and the Secretary of the Navy the authority to determine in practically all questionable cases what constitutes "line of duty" as it relates to the adjudication of claims for pension. This is a radical change from the practice which has been in existence for many years.

In view of the fact that the term "vicious habits" (p. 3, lines 5 and 6) has been interpreted in various ways, it is suggested that instead of these words the word "misconduct" be substituted. There is bound to be diversity of opinion as to what is "vicious" and what is a "habit." The findings of the War and Navy Departments relate in terms to "misconduct" and not to "vicious habits" in determining the relation of a certain act or event to the question of "line of duty." The World War veterans' act, 1924, provides, "but no compensation shall be paid if the injury, disease, aggravation, or recurrence has been caused by his own willful misconduct.'

As to the number of beneficiaries involved in the provisions of this bill and the probable cost of the same, the following table presents in itemized form an estimate by classes of the additional cost for the first 12 months after enactment of the proposed legislation. The basic figures are as of March 31, 1930.

The number of pensions based upon service in the Regular Establishment will show a net increase of from 500 to 800 during the year. No account has been taken of this, however, (1) for the reason that in this estimate there are included a small number of pensions granted on account of rank which would not be increased hereunder, and (2) because credit has not been taken for the normal increases which would be granted under existing law and therefore not chargeable to this bill. It is believed that these may be regarded as compensating factors and that the estimate submitted is as accurate as can be made.

The committee recommends that the bill as amended by the House Committee on pensions do pass.

The minority report disagreeing to the action of the committee in striking out section 1 of this bill is filed herewith and made part of the report by the whole committee.

HR-71-2-VOL 4-7

MINORITY REPORT

We, the minority members of the Committee on Pensions, respectfully disagree with the report of the majority of said committee for the following reasons:

We are opposed to striking out section 1 of the Senate bill and favor the retention of the said section 1 with amendments as follows:

On page 2, line 2, strike out the word "totally"; line 6, strike out "$50" and insert "$40"; and in line 7 after word "month" and after the semicolon, strike out all of said line, all of line 8, all of line. 9, and line 10 down to the semicolon. In line 11, strike out "$36” and insert "$30"; in line 12 strike out "$30" and insert "$24", and, after the word "be", insert "allowed or"; strike out all of lines 14 and 15 so that the section as amended will read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the approval of this act all persons whose names are now on the pension roll and all persons hereafter granted a pension, who, while in the military, naval, or Marine Corps service of the United States, and in line of duty, shall have incurred a disability or contracted disease which so incapacitates them for the performance of manual labor as to render them unable to earn a support, shall, upon making due proof of the fact, according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the roll of invalid pensioners of the United States and be entitled to receive $40 per month; to those whose disability is equivalent to the loss of a hand or foot, $30 per month. The rate of $24 per month may be allowed or proportionately divided for any disability established for which no provision is otherwise made.

The classes of pensioners provided for in this section have not had an increase of pension since the act providing for the present rates was passed March 3, 1883, a period of 47 years, although all other classes of pensioners have had several increases. It should be remembered that those veterans for whom this bill provides pensions are required to show that their disabilities were incurred in service, and while in line of duty, while other classes of soldiers, with the exception of World War veterans, are not required to show this, but simply to show a disability.

It has been shown that to give to these peace-time veterans the rates above named would not cost a great deal. It has been estimated by the Pension Bureau that the cost and benefits of the above rates would be as follows:

The $40 rate as above provided for would give relief to 2,000 veterans at an increased cost of $240,000; the $30 rate would give relief to 1,060 at an increased cost of $76,320; the $24 rate would give relief to 9,930 veterans at an increased cost of $446,850. Thus a total cost of this additional relief to these veterans who have been so long neglected would amount to only $763,170. This, added to the amount proposed to give relief to the widows of these veterans by the majority members of the committee, which amounts to $405,816, would only amount to $1,168,986, a negligible sum when taking into consideration the large number to be benefited.

A. H. GASQUE.

O

CONSTRUCTION OF UNDERPASS UNDER RAILROAD TRACKS IN VICINITY OF FERN PLACE IN THE DISTRICT OF COLUMBIA

MAY 22, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. STALKER, from the Committee on the District of Columbia, submitted the following

REPORT

[To accompany S. 4223]

The Committee on the District of Columbia, to whom was referred the bill (S. 4223) to amend the act entitled "An act to provide for the elimination of grade crossings of steam railroads in the District of Columbia, and for other purposes," approved March 3, 1927, having considered the same, reports favorably thereon without amendment and recommends the passage of the legislation. The act of March 3, 1927, is as follows:

[PUBLIC-No. 709-69TH CONGRESS]

[S. 3888]

AN ACT To provide for the elimination of grade crossings of steam railroads in the District of Columbia, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to construct [viaducts] a subway and approaches thereto, [to carry Fern and Varnum Streets over] under the tracks and right of way of the Baltimore and Ohio Railroad Company [and to construct a viaduct and approaches thereto to carry Eastern Avenue over the tracks and rights of way of the Philadelphia, Baltimore and Washington Railroad Company and the Baltimore and Ohio Railroad Company, in accordance with plans and profiles of said works to be approved by the said commissioners:] in the vicinity of Chestnut Street or of the intersection of Fern Place and Piney Branch Road, extended in the District of Columbia on a line to be determined by the Commissioners of the District of Columbia in accordance with plans and profiles of said subway and approaches to be approved by the said commissioners: Provided, That one-half of the total cost of constructing [the viaduct and approaches thereto at Varnum Street and one-half of the total cost of constructing the viaduct and approaches thereto at Fern Street] said subway and thereafter the cost of maintaining the structure within the limits of its right of way shall be borne and paid by the said Baltimore and Ohio Railroad Company, its successors and assigns, [and that one-half of the total cost of constructing the viaduct and approaches thereto at Eastern Avenue shall be borne and paid by the said

Philadelphia, Baltimore and Washington Railroad Company and the said Baltimore and Ohio Railroad Company, their successors and assigns, in proportion to the widths of their respective land holdings,] to the collector of taxes of the District of Columbia for deposit to the credit of the District of Columbia, and the [said half cost] same shall be a valid and subsisting [liens] lien against the franchises and property of the said railroad [companies] concerned company and shall constitute a legal indebtedness against the said railroad [companies] company in favor of the District of Columbia, and the said [liens] lien may be enforced in the name of the District of Columbia by a bill in equity brought by the said commissioners in the Supreme Court of the District of Columbia, or by any other legal proceeding against the said railroad [companies: Provided, That no street railway company shall use the said viaduct or any approaches thereto herein authorized for its tracks until said companies shall have paid to the collector of taxes of the District of Columbia, a sum equal to one-fourth of the total cost of constructing said viaducts and approaches, to be applied to the credit of the District of Columbia. No limitation shall run against claims made by the District of Columbia under the provisions of this Act.] company.

SEC. 2. That for the purpose of carrying into effect the foregoing provisions [of this act], the sum of [$405,000] $250,000 is hereby authorized to be appropriated, payable in like manner as other appropriations, for the expenses of the government of the District of Columbia, and the said commissioners are author-, ized to expend such sum [or sums] as may be necessary for personal services, engineering, and incidental expenses, including the cost of relocating sewers and water mains. The said commissioners are further authorized to acquire, out of the appropriation herein authorized, the necessary land [or any portion of the same, to carry out the provisions of this act, by purchase at such price or prices as in their judgment they may deem reasonable and fair, or, in [their] the discretion of the commissioners, by condemnation in accordance with [the provisions of subchapter 1 of] Chapter XV of the Code of Law for the District of Columbia, [under a proceeding or proceedings in rem instituted in the Supreme Court of the District of Columbia: Provided, That of the entire amount found to be due and awarded by the jury as damages for, and in respect of, the land to be condemned to carry the provisions of this act into effect, plus the costs and expenses of the proceeding or proceedings taken pursuant hereto, not less than one-half thereof shall be assessed by the jury as benefits, the amounts collected as benefits to be covered into the Treasury of the United States to the credit of the District of Columbia] as amended.

[SEC. 3. Hereafter the Commissioners of the District of Columbia are authorized, whenever in their judgment it may be necessary for the public safety, and subject to appropriations to be made therefor by Congress, to construct subways or viaducts and approaches thereto, in accordance with plans and profiles of said works to be approved by them, to carry any street or highway crossing at grade any line of steam railroad track or tracks in the District of Columbia, or any street or highway within the District of Columbia now or hereafter planned or projected to cross any such line of railroad, under or over said track or tracks: Provided, That one-half of the total cost of constructing any viaduct or subway and approaches thereto shall in each case be paid by the railroad company, its successors or assigns, whose tracks are so crossed; and in the event the rights of way of two or more railroad companies are so crossed said half cost as herein provided shall be paid by the said railroad companies, their successors or assigns, in proportion to the widths of their respective land holdings, and all provisions in respect to the method of payment and credit of said half cost, creation of a lien in respect thereto and enforcement thereof, conditions of use thereof by street railway companies, and every other kind of condition provided in section 1 hereof, and the authorization and every condition in respect thereto for the acquisition of any necessary land provided in section 2 hereof, in relation to the viaducts and their approaches therein authorized, are hereby made applicable to the subways, viaducts, and approaches authorized in this section the same as if enacted at length herein.]

[SEC. 4. From] Sec. 3. That from and after the completion of the [viaduct] said subway and approaches [to carry Fern Street over the tracks and right of way of the Metropolitan Branch of the Baltimore and Ohio Railroad Company], the highway grade crossing over the tracks and right of way of the said Baltimore and Ohio Railroad Company at Chestnut Street shall be forever closed against further traffic of any kind [; and from and after the completion of the viaduct and approaches to carry Varnum Street over the tracks and right of way of the Metropolitan Branch of the Baltimore and Ohio Railroad