FRANKLIN C. RICHARDSON JUNE 29, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. SMITH, of Connecticut, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 6063] The Committee on Military Affairs, to whom was referred the bill (H. R. 6063) for the relief of Franklin C. Richardson, having considered the same, submit the following report thereon, with the recommendation that it do pass with the following amendment: On line 5, strike out the words "and directed" and insert the following proviso: "Provided, That he meets the other requirements for enlistment in the Army". The purpose of this legislation is to authorize the Secretary of War to reenlist in the United States Army Franklin C. Richardson, formerly a private, Hawaiian Casual Section, First Recruit Company of the Overseas Discharge and Replacement Depot, Fort Slocum, N. Y. The records of the War Department show that on October 23, 1933, Franklin C. Richardson, with three others, pleaded guilty in a Pennsylvania court, to an indictment charging burglary, larceny, and receiving stolen goods, and was given a suspended sentence. In 1933 the Pennsylvania court granted a rule to show cause why the record should not be amended to show a charge of misdemeanor instead of felony. Testimony given at the hearing was to the effect that Richardson entered a hut belonging to some other boys, that his companions took a rifle and some blankets, and the boys, who were not represented by counsel, pleaded guilty. The prosecutor testified that he had made a charge of felony because he was under the impression that the offense had been committed in the nighttime, but that he now believed the charge should not have been more than malicious mischief. Section 1118, Revised Statutes, as amended by the act of February 27, 1877 (19 Stat. 242; U. S. C. 622), reads in part that * no person who has been convicted of a felony shall be enlisted in the military service. Attached hereto, and made a part hereof, is a letter from the War Department, which is as follows: Hon. ANDREW J. MAY, WAR DEPARTMENT, Washington, May 23, 1939. House of Representatives. Chairman, Committee on Military Affairs, DEAR MR. MAY: Receipt is acknowledged of your letter of May 3 requesting a report on H. R. 6063, Seventy-sixth Congress, first session, a bill for the relief of Franklin C. Richardson. * The pertinent provision of law is found in section 1118, Revised Statutes, as amended by the act of February 27, 1877 (19 Stat. 242, U. S. C. 10:622), which reads in part that "* * no person who has been convicted of a felony shall be enlisted in the military service." Information on file in the office of The Adjutant General shows that on October 23, 1933, Franklin C. Richardson, with three others, pleaded guilty in a Pennsylvania court to an indictment charging burglary, larceny, and receiving stolen goods and was given a suspended sentence. In 1933 the Pennsylvania court granted a rule to show cause why the record should not be amended to show a charge of misdemeanor instead of felony. Testimony given at the hearing was to the effect that Richardson entered a hut belonging to some other boys, that his companions took a rifle and some blankets, and the boys, who were not represented by counsel, pleaded guilty. The prosecutor testified that he had made a charge of felony because he was under the Impression that the offense had been committed in the nighttime, but that he now believed the charge should not have been more than malicious mischief. The court made the following statement: "Were it now within the power of the court to remedy the situation, it would do so particularly in view of the recommendations of the officials originally concerned with the case. However, a thorough investigation of the law with respect to the power of the court in matters of this nature indicates clearly that the court is powerless to change its records at this late date. Resort must be had to the Executive. "The power of criminal courts over their records ends with their terms. Even in civil cases the power of the court to amend after the term, is circumscribed." As shown by the enclosed statement of service, Franklin C. Richardson, enlisted June 20, 1938, and was discharged August 4, 1938, on account of fraudulent enlistment, having concealed his conviction of felony. The War Department has been requested to authorize his reenlistment but has declined to do so on the ground that the Department is without authorization to weigh the merits of a case and exercise its discretion, but must obey the statute quoted above. Though the War Department has consistently refrained from recommending approval of legislation designed to single out one individual for preferential treatment necessarily denied to many others, the circumstances surrounding this case appear to indicate that reenlistment in the Army might properly be authorized. The War Department offers no objection to the enactment of H. R. 6063, provided the language of the bill is amended by deleting the words "and directed" in line 5 and adding the following words: "Provided, That he meets the other requirements for enlistment in the Army." Sincerely yours, 1st Session No. 1000 PENSIONS TO CERTAIN WIDOWS OF VETERANS OF THE CIVIL WAR JUNE 29, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. LESINSKI, from the Committee on Invalid Pensions, submitted the following REPORT [To accompany H. R. 7038] The Committee on Invalid Pensions, to whom were referred sundry bills granting pensions to certain widows of veterans of the Civil War, having considered the same, report the bills back to the House with the unanimous recommendations that they do pass. This report covers 12 private bills introduced by 11 Members of the House, on which original pensions have been recommended by your committee in the following amounts: Annual cost 1 widow at $20 per month, increased to $30 per month at age 60 years.. $240 11 widows at $30 per month__ 3, 960 The average age of these proposed beneficiaries is approximately 73 years, the oldest being aged 84 years, and the annual cost of this bill for the first year is $4,200. The majority of those named herein are of advanced age and to a great extent incapacitated for self-support, by reason of which they are dependent upon other persons for their support. Due to the inflexibility of existing pension laws it is not possible for these proposed beneficiaries to secure the much-needed relief herein recommended, other than by special act of Congress. In view of the ages and infirmities of the proposed beneficiaries it is anticipated that the annual cost of this bill will materially decrease each succeeding year. Your committee and the Congress have heretofore given favorable consideration to bills of this character in which the service rendered was in the identical organization named in the individual report in each case which follows herein. This bill is a substitute for the following private bills referred to your committee: H. R. 336. Inez Duncan. 1193. Pearl Brentlinger. 5079. Rebecca J. Reynard. H. R. 6106. Isabel Bullock. 6643. Margaret Moore. H. R. 336. Inez Duncan, aged 80 years, whose post-office address is Middletown, Mo., is the widow of George W. Duncan, late a private, Company A, Forty-ninth Regiment Missouri Infantry, from September 15, 1864, to August 2, 1865, who was a pensioner under C2549745 at the rate of $100 per month and who died June 11, 1938. Applicant and the late soldier were married October 12, 1907, and the evidence filed in support of this bill indicates she is his legal widow. She has no title to pension as such under existing laws for the reason she did not marry him prior to June 27, 1905, although she lived with him for a period of more than 30 years. The medical evidence presented indicates that applicant is wholly incapacitated to contribute to her own support, and requires the constant aid and attendance of another person by reason of chronic interstitial nephritis, hypertension, albuminuria, and dilated heart. The physician states she is not able to live alone and cannot do any labor. The evidence further shows that she has title to a house and lot, valued at $800, and a small sum of cash in bank. She has no other property or means and no income from any source. She is dependent upon persons not legally bound to her support for sustenance. It is recommended that her name be placed on at the rate of $30 per month. the pension rolls H. R. 1193. Pearl Brentlinger, aged 60 years, whose post-office address is 314 Coffren Avenue, Greenville, Mich., is the widow of Levi Brentlinger, late a private, Company I, Twenty-seventh Regiment Ohio Infantry, from February 22, 1864, to July 11, 1865, who was a pensioner under certificate No. 498897 at the rate of $90 per month and who died December 8, 1927. Applicant and the late soldier were married July 30, 1911, and the evidence filed in support of the bill indicates that she is his lawful widow. She has no title to pension as such under existing law for the reason that she did not contract marriage with him prior to June 27, 1905, although she lived with him for more than 16 years. The medical evidence presented indicates that she is in a very nervous and weakened condition, suffering from diseases peculiar to her sex. She has a small home place valued at $1,000. It appears that she has no other property, no means, and no source of income. No one is legally bound to her support. It is recommended that her name be placed on the pension roll at the rate of $30 per month. H. R. 3143. Martha J. Poole, aged 82 years, whose post-office address is 240 Northeast San Rafael Street, Portland, Oreg., is the widow of Judson Poole, late a private, Company L, Second Regiment Iowa Cavalry, from September 1, 1864, to September 19, 1865, who was a pensioner under certificate No. 362751 (now XC973498) at the rate of $12 per month and who died January 29, 1912. Applicant and the late soldier were married March 11, 1908, and the evidence filed in support of this bill indicates she is his legal widow. She has no title to pension as such under existing law for the reason she did not marry him prior to June 27, 1905. The medical evidence presented indicates that applicant is incapable of self-support by reason of senility, arteriosclerosis, chronic myocarditis, and hypertension. She has title to a house and lot, valued at $600, which provides her a home but yields her no income. It does not appear she has other means or property or income from any source. No one is legally bound to her support, and she is dependent upon charity for suste nance. It is recommended that her name be placed on the pension rolls at the rate of $30 per month. H. R. 4258. Ella F. Lane, aged 82 years, whose post-office address is 485 North State Street, St. Joseph, Mich., is the widow of John Lane, late a corporal, Company G, Sixth Regiment Wisconsin Infantry, from June 15, 1861, to January 27, 1863, and from January 4, 1864, to August 20, 1865, who was a pensioner under certificate No. 149145 at the rate of $72 per month and who died April 29, 1926. Applicant and the late soldier were married January 12, 1915, and the evidence filed in support of this bill indicates she is his legal widow. She has no title to pension as such under existing laws for the reason she did not marry him prior to June 27, 1905. The medical evidence presented indicates that applicant is wholly incapable of self-support and in condition to require the aid and attendance of another person by reason of affliction from advanced arteriosclerosis with myocardial changes, shortness of breath on exertion, dizziness, high blood pressure, goiter, and arthritic involvement of knees and ankles. The evidence also shows that she has title to residence property of the assessed valuation of $2,000, which is encumbered by a mortgage in the sum of $1,990, and from which she derives a small income from the occasional rent of rooms. It does not appear she has other means or property or income from any source except $11.50 per month old-age pension. It is recommended that her name be placed on the pension roll at the rate of $30 per month. H. R. 5079. Rebecca J. Reynard, aged 72 years, whose post-office address is Jamestown, Kans., is the widow of John Reynard, late a private, Company A, Sixteenth Regiment Kansas Cavalry, from February 27 to July 24, 1865, who was a pensioner under C2575012 at the rate of $100 per month and who died November 3, 1937. Applicant and the late soldier were married August 14, 1918, and the evidence filed in support of this bill indicates she is his legal widow. She has no title to pension as such under existing laws for the reason she did not marry him prior to June 27, 1905, although they lived together for a period of more than 19 years. The medical evidence presented indicates that applicant is unable to contribute to her own support and requires the aid and attendance |