From the records in the War Department, it appears that the officer referred to in the proposed legislation is the late Lt. Col. Charles G. Ayres, United States Army, retired, as the name of the widow of Colonel Ayres is given in correspondence on the War Department records as "Elizabeth Fairfax Ayres." In accordance with your request there is enclosed a statement of the military history of Colonel Ayres showing the decorations and awards he received for his outstanding service and gallantry in action during the Spanish-American War. Sincerely yours, MALIN CRAIG, WAR DEPARTMENT Acting Secretary of War. THE ADJUTANT GENERAL'S OFFICE WASHINGTON STATEMENT OF THE MILITARY SERVICE OF CHARLES GREENLEAF AYRES Born February 26, 1854, in New York. Appointed from New York. Second lieutenant, Twenty-fifth Infantry, October 31, 1874. Accepted, November 9, 1874. Transferred to Tenth Cavalry, September 18, 1875. First lieutenant, December 21, 1882. Captain, January 1, 1892. Major, Eighth Cavalry, April 29, 1901. Lieutenant Colonel, Thirteenth Cavalry, April 20, 1907. Retired on account of disability in line of duty, July 24, 1907. SERVICE He joined his regiment December 21, 1874, and served therewith at Camp Wichita, Indian Territory, to March 27, 1875; at Fort Sill, Indian Territory, to April 27, 1875; at Fort Quitman, Tex., to October 29, 1875; at Fort Davis, Tex., and in the field (participating in engagements with hostile Indians at Salt Lake, Tex., July 25, 1879; at Alamo Springs, Tex., August 3, 1880; and at Rattlesnake Springs and Canon, Tex., August 6, 1880) to September 19, 1881; on duty at Jefferson Barracks, Mo., to June 18, 1882; with his regiment at Fort Davis, Tex., to December 2, 1883; on leave to April 27, 1884; on duty at Jefferson Barracks, Mo., to October 1, 1884; with regiment at Pena Colorado, Tex., to December 2, 1884; at Fort Davis, Tex., to April 1, 1885; at Fort Verde, Ariz., to December 11, 1885; at Fort Thomas, Ariz., to March 31, 1886; on leave to July 31, 1886; with regiment at Fort Thomas, Ariz., to September 1886; in the field and at Fort Apache, Ariz., to October 31, 1886; and at Fort McDowell, Ariz., to September 23, 1887; in arrest to November 21, 1887, when tried for using profane and insulting language to an officer, and sentenced by General Court-Martial Orders 64, Department of Arizona, of that date, to suspension from rank and command, and to be confined to limits of his post for 6 months. He was undergoing sentence at Fort Bayard, N. Mex., to May 10, 1888, when the unexpired portion of his sentence was remitted. He was on duty with his regiment at Fort Bayard, N. Mex. (at Camp Grierson, Ariz., from September 6 to October 18, 1889), to December 14, 1889; on leave to April 8, 1890; conducting recruits to New Mexico to June 24, 1890; on duty with his regiment at Fort Bayard and in the field in New Mexico to September 24, 1890; at Fort Apache, Ariz. (at Kearns Canon, Ariz., in June and July 1891), to September 21, 1891; at San Carlos, Ariz., to January 21, 1892; at Fort Grant, Ariz., to April 25, 1892; and at Fort Assinniboine, Mont., to December 13, 1892; in arrest to January 11, 1893, wher tried for conduct unbecoming an officer and a gentleman, and sentenced by General Court-Martial Orders 86, Department of Dakota, December 30, 1892, to be reprimanded; commanding his troop at Fort Assinniboine, Mont., to March 13, 1893; on recruiting service to October 1, 1895; commanding his troop at Fort Custer, Mont., from October 31, 1895, to March 21, 1896; in arrest at that post to March 30, 1896; undergoing trial at Fort Keogh, Mont., to April 15, 1896; in arrest at Fort Custer, Mont., to September 21, 1896; and at Fort Assinniboine, Mont., to November 4, 1896, when sentenced to be dismissed, which sentence was disapproved and set aside, and he was ordered to report to the commanding general, Department of Texas, for duty in his department, General Orders 47, A. G. O., October 28, 1896 (and 45539 and 45541 A. G. O.). He left Fort Assinniboine, Mont., November 6, 1896, and arrived at Fort McIntosh, Tex., November 19, 1896, and was on duty at that post for discipline, from November 1896 to July 1897; awaiting orders at Washington, D. C., to January 1898; on leave to April 1898; with his regiment in Georgia, Florida, the Cuban campaign (participating in the siege and operations against Santiago, Cuba, June 22 to July 17, 1898, being engaged in the Battles of Las Guasimas, June 24, and San Juan, Cuba, July 1 to 3, 1898), and in Alabama to December 1898; in Texas to May 1899; and in Cuba, to December 1899, being in command of a squadron of his regiment and the District of Holguin, Cuba; at Fort Brown, Tex., to February 1901; on leave to April 1901; on sick leave to October 1901; with regiment in Cuba, to February 1902; and at Fort Riley, Kans., with the Eighth Cavalry, to September 8, 1903; with his regiment at Jefferson Barracks, Mo., to March 31, 1905; en route to the Philippine Islands (sailed March 31, 1905) to May 2, 1905; with the Eighth Cavalry at Fort William McKinley, P. I., to December 14, 1906; with his regiment at Camp Wallace, P. I., to April 15, 1907; en route to the United States, to May 15, 1907; awaiting orders to May 19, 1907; and on leave to July 24, 1907, the date of his retirement. He was awarded a Silver Star with Oak Leaf Cluster for gallantry in action against Spanish forces at Las Guasimas, Cuba, June 24, 1898, and for gallantry in action against Spanish forces at Santiago, Cuba, July 1, 1898. Lieutenant Colonel Ayres died September 26, 1909, at New York, N. Y. E. S. ADAMS, Lieutenant Colonel Ayres' service in the United States Army is fully set forth in the report from the War Department and it will be noted that he received his first commission, that of second lieutenant, at the age of 20 years. From then on, until he was retired from active service at the age of 52 years, Lieutenant Colonel Ayres' record is that of a brilliant officer who rendered service in 24 campaigns against the Indians and because of his gallantry in action against Spanish forces at Las Guasimas, Cuba, June 24, 1898, and at Santiago, Cuba, July 1, 1898, he was awarded a Silver Star with Oak Leaf Cluster. It was during the hostilities at Las Guasimas, Cuba, that Lieutenant Colonel Ayres, then holding the rank of captain, performed some of his outstanding feats of daring and bravery which placed his name on the annals of military history. He was three times recommended for the Medal of Honor for heroic conduct during the Cuban campaigns. At the close of the Spanish-American War the city of Philadelphia presented him with a gold-mounted saber for conspicuous gallantry. Hereinafter follows a report from the Honorable Frank T. Hines, Administrator of Veterans' Affairs, with reference to the provisions of this bill, the amount of pension Mrs. Ayres is now receiving, and the reason she is not entitled to greater benefits under existing law. VETERANS' ADMINISTRATION, Washington, May 8, 1939. Hon. JOHN LESINSKI, Chairman, Committee on Invalid Pensions, House of Representatives, Washington, D. C. MY DEAR MR. LESINSKI: This is in further response to your request of March 21, 1939, for a report on H. R. 766, Seventy-sixth Congress, a bill granting an increase of pension to Elizabeth Fairfax Ayres. The bill provides as follows: "That the Administrator of Veterans' Affairs be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Elizabeth Fairfax Ayres, widow of Charles C. Ayres, late a brigadier general, United States Army, and pay her a pension at the rate of $100 per month in lieu of that she is now receiving.' A report from the records of the War Department shows that the deceased officer was appointed second lieutenant, Twenty-fifth Infantry, October 31, 1874, and he accepted the appointment November 9, 1874. He served continuously with promotions in rank until his retirement as a lieutenant colonel on July 24, 1907, because of a disability incurred in service in line of duty. The records on file show that the highest rank of this officer was lieutenant colonel. He died September 26, 1909, from cardiovascular renal disease. It was determined that the cause of the officer's death originated during his military service subsequent to the period of the Spanish-American War and the Philippine Insurrection. Accordingly, his widow, Mrs. Elizabeth Fairfax Ayres, was awarded pension under the general pension law at the rate of $30 per month commencing September 27, 1909, the day following the officer's death. Her award was increased to $40 per month effective June 9, 1910, by reason of a special act of Congress, approved that date. Her marriage to Colonel Ayres occurred April 16, 1884. Mrs. Ayres also has title to pension under part II of Veterans Regulation No. 1 (a), as amended, promulgated pursuant to Public, No. 2, Seventy-third Congress, March 20, 1933, her husband's death having resulted from a disability incurred in service, in line of duty, other than during a period of war, and not the result of his own misconduct. However, the monthly pension rate provided by part II of Veterans Regulation No. 1 (a), as amended, payable to a widow over 65 years of age is $30. Mrs. Ayres was born December 24, 1858. The service pension rate, based upon service in the Spanish-American War, including the Boxer Rebellion and Philippine Insurrection, service-connected disability not required, is $30 per month. It will, therefore, be noted that the rate of pension which Mrs. Ayres is receiving by special act of Congress is in excess of the highest rate of pension to which she would be entitled under existing laws. As you know, it was the practice of the Congress for some years to enact socalled omnibus pension bills providing pensions for persons who could not meet the requirements of public laws, and in some instances greater pensions than authorized under the public laws were provided for the widows of high-ranking officers who rendered outstanding service. However, the tendency in recent years, commencing with the Seventy-second Congress, has been to discourage such special legislation. Furthermore, since the enactment of Public, No. 2, Seventy-third Congress, and the promulgation of the veterans regulations pursuant thereto, pensions for service-connected death or disability are not based on rank. There is for consideration the fact that widows of officers who have not attained high or highest rank are often left with minor children to support and educateand this is true of widows of enlisted men-who because of the lower-pay income of their husbands have been unable to build a fund to provide adequately for their economic needs when death terminates the husband's income. The financial crisis with which such group of widows is confronted is ordinarily as great and probably greater than that which the widows of high-ranking officers must meet. I am certain it is the desire of all persons concerned that the Government render every reasonable assistance to Mrs. Ayres and to other widows who have lost their husbands under similar conditions. Because there have arisen from time to time other cases the same or similar to that of Colonel Ayres, I would suggest that the committee might desire to consider a study and preparation of a plan of general legislation by which this type of case, when it arises, may be accorded uniform beneficial treatment. For the foregoing reasons, the Veterans' Administration cannot recommend favorable consideration of the bill to your committee. Very truly yours, FRANK T. HINES, Administrator. Mrs. Ayres is now 81 years of age and the evidence presented to your committee shows that she owns no real estate and has only a few household effects and clothing. Her only regular monthly income is her pension of $40 per month. It is indicated that a sister-in-law does at times contribute small amounts to Mrs. Ayres' support, but they are of no fixed amount and these contributions are entirely voluntary. In view of Mrs. Ayres' advanced age, her physical condition, and her small monthly income, and, further, by reason of the distinguished service rendered by her late husband, Lt. Col. Charles Greenleaf Ayres, it is the unanimous recommendation of your committee that her pension be increased to $75 per month. О MERTIE LORAIN ANDERSON 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. 2448] The Committee on Invalid Pensions, to whom was referred the bill (H. R. 2448) entitled "A bill granting an increase of pension to Mertie Lorain Anderson," having considered the same, report favorably to the House with the unanimous recommendation that the bill do pass without amendment. Mrs. Anderson is aged 73 years and resides at rural delivery No. 2, Wilmington, N. C. She and the late Admiral Edwin A. Anderson were married December 22, 1888. Neither was previously married, and they lived together from the date of their marriage to the date of his death, which occurred on September 23, 1933, from prostatitis, chronic, with contributory cause, uremia. It has been determined by the Veterans' Administration that neither of these causes was incurred in or incident to his naval service. Mrs. Anderson is, however, at the present time in receipt of pension at the rate of $30 per month on account of the late officer's service during the Spanish-American War. The rate of pension she now receives is the maximum to which she is entitled under any existing law as his death cause is not attributable to any disability of wartime origin. Included herein are a report from the Honorable Claude A. Swanson, Secretary of the Navy, relative to the naval and medical record of Admiral Anderson, and a report from the Honorable Frank T. Hines, Administrator of Veterans' Affairs, with reference to the provisions of this bill, the amount of pension that is now being paid to Mrs. Anderson, with the reasons why she is not entitled to greater benefits under the law as widow of this officer. NAVY DEPARTMENT, The CHAIRMAN, COMMITTEE ON INVALID PENSIONS, Washington, May 2, 1939. House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill H. R. 2448, granting an increase of pension to Mertie Lorain Anderson, was referred to the Navy Department by your committee with a request for the service record of the late Rear Admiral Edwin A. Anderson, United States Navy. The purpose of the bill H. R. 2448 is to place on the pension roll the name of Mertie Lorain Anderson, widow of Rear Admiral Edwin A. Anderson, late of the United States Navy, and pay her a pension of $100 per month in lieu of that she is now receiving. The records of the Navy Department show that Edwin Alexander Anderson was born on July 16, 1860; appointed cadet midshipman on June 28, 1878; graduated from the United States Naval Academy June 23, 1884; commissioned ensign July 1, 1884; commissioned lieutenant (junior grade) from March 18, 1895; commissioned lieutenant from March 28, 1898; on February 11, 1901, advanced five numbers in rank for extraordinary heroism during Spanish-American War; served in the various ranks and was ultimately promoted to rear admiral; and on March 23, 1924, was transferred to the retired list upon own application after completion of 40 years' service. During Rear Admiral Anderson's service in the Navy he received the Spanish Campaign Medal, Philippine Campaign Medal, Mexican Service Medal, Victory Medal, Medal of Honor, with the following citation: "For extraordinary heroism in battle, engagement of Vera Cruz, April 22, 1914; commanded the Second Seaman Regiment, and in marching his regiment across the open space in front of the Naval Academy and other buildings he unexpectedly met a heavy fire from riflemen, machine guns, and 1-pounders, which caused part of his command_to break and fall back, many casualties occurring amongst them at the time. His indifference to the heavy fire, to which he himself was exposed at the head of his regiment, showed him to be fearless and courageous in battle (G. O. 177, Dec. 4, 1915)"; and the Distinguished Service Medal with the following citation: "For exceptionally meritorious service in a duty of great responsibility in organizing, and in the administration and operation of the American patrol detachment and in developing arrangements for the cooperation of air, submarine, and surface craft. Also for your successful cooperation with the Cuban Government in making the available vessels of the Cuban Navy efficient and ready for service." His death occurred at Wilmington, N. C., on September 23, 1933. Sincerely yours, CLAUDE A. SWANSON. VETERANS' ADMINISTRATION, Hon. JOHN LESINSKI, Chairman, Committee on Invalid Pensions, MY DEAR MR. LESINSKI: Further reference is made to your letter of March 20, 1939, requesting a report on H. R. 2448, Seventy-sixth Congress, a bill granting an increase of pension to Mertie Lorain Anderson, which provides: "That the Administrator of Veterans' Affairs be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Mertie Lorain Anderson, widow of Edwin A. Anderson, late admiral of the United States Navy, and pay her a pension at the rate of $100 per month in lieu of that she is now receiving.' Edwin A. Anderson was appointed a cadet midshipman June 28, 1878, completed his 4-year course June 28, 1882, and served continuously until he was transferred to the retired list March 23, 1924. During his service he was promoted through the various grades as an officer, attaining the rank of rear admiral August 31, 1917. His death occurred September 23, 1933, as the result of chronic prostatitis and uremia, not due to service. Mertie Lorain Anderson, born April 20, 1867, to whom the Admiral was married December 22, 1888, filed an application for compensation or pension October 10, 1933, and was awarded $15 per month from the date claim was filed based on the veteran's Spanish-American War service under the provisions of Veterans Regulation No. 1 (a), part III, section III (a). This rate was increased to $22.50 per month commencing March 28, 1934, and payments to her were again increased |