Lapas attēli
PDF
ePub

Hitherto the Department has not favored tbe proposal to change the law so as to permit of more than one medal of honor being in the possession of a grantee at the same time, but there appears to be a very general desire on the part of holders of the old medal, especially on the part of those who earned the medal by service during the civil war, to be permitted to retain their old medals when medals of the new design are issued to them. In view of this fact, and because the pending joint resolution contains the proviso “ that no recipient of both medals shall wear both medals at the same time," which proviso will be effective at least to prevent the wearing of both medals at the same time by persons in the military or naval service, it is believed that no partic ular ill effect is likely to be produced by the enactment of the proposed legis. lation, and it is therefore recommended that the accompanying joint resolution receive the approval of the War Department.

F. C. AINSWORTH, The Military Secretary. I concur.

WM. H. TAFT, Secretary of War.

[ocr errors]

CONGRESS

APPOINTMENT OF FORMER WEST POINT CADETS AS

SECOND LIEUTENANTS IN UNITED STATES ARMY.

JANUARY 30, 1907.—Committed to the Committee of the Whole House and

ordered to be printed.

Mr. SLAYDEN, from the Committee on Military Affairs, submitted the

following

REPORT.

[To accompany H. R. 23630.]

The Committee on Military Affairs, to which was referred the bill (H. R. 23630) authorizing the President, by and with the consent of the Senate, to appoint as second lieutenants in the United States Army Birchie 0. Mahaffey, of Texas; John A. Cleveland, of Alabama, and Traugett F. Keller, of New York, begs leave to report the same with the recommendation that the bill do pass.

The Secretary of War recommends the passage of the bill and invites attention to the following report from The Military Secretary:

REPORT OF MILITARY SECRETARY.

The records of this Office afford information in these cases as follows:

The following-named five cadets of the class of 1902, United States Military Academy, were dischargerl, by War Department orders, May 21, 1901, for insubordination or hazing: Henry L. Bowlby, of Nebraska; John A. Cleveland, of Alabama; Traugett F. Keller, of New York; Raymond A. Linton, of Michigan, and Birchie 0. Mahaffey, of Texas. In February, 1905, Representative Morris Sheppard handed to the President a letter from General Mills, superintendent of the academy, of December 27, 1904, favoring the appointment of these dismissed cadets in the Army. February 25, 1905, the Secretary of War advised Mr. Sheppard that the President had handed him the letter from General Mills in regard to the appointment of these young men, and said:

“I suggest that the proper course for them " (the five ex-cadets] “to pursue is to file applications with the War Department setting forth all the facts and also a statement of what they have done since they were dismissed, and I will bring the matter to the attention of the President, who, upon the facts as presented, is favorable to the granting of their applications should there be vacancies enough."

In March, 1905, Mr. Mahaffey's father and several citizens of Texas petitioned, through Representative Sheppard, for his appointment as second lieutenant, and on April 8 the Secretary of War advised Mr. Sheppard that he would unhesitatingly recommend Mr. Mahaffey's appointment only for the fact that he had become disqualified on account of age.

In the meantime Mr. Cleveland and Mr. Keller had also become ineligible for appointment on account of age, leaving only Mr. Bowlby and Ir. Linton on the eligible list. The appointment of the two latter was urged from time to time by Representatives Sheppard, of Texas, IIinshaw, of Nebraska, and Fordney, of Michigan. Subsequently Messrs. Bowlby and Linton were designated for examination for appointment with the other civilian candidates at Fort Leavenworth, Kans., in December last, but it appears that both had obtained satisfac tory employment and did not desire the appointment, and hence declined the designation.

In December last Representative Sheppard reminded the Secretary of War of his statement of April 8, 1905, that he would have recommended Mr. Mahaffey's appointment only for the fact that he had become disqualified on account of age, and requested the Secretary to make a statement to the same effect in the cases of Cleveland and Keller. In reply to this the Secretary of War advised Mr. Sheppard, December 27, 1906 :

" That were it not for the disqualification on account of age I would have also recommended the appointment of Messrs. Cleveland and Keller, with the approval of the President."

The present ages of the three persons named in the bill are: Cleveland, 30 years and 10 months; Mahaffey, 29 years and 7 months, and Keller 27 years and 10 months. The age limit fixed by regulations for candidates for appointment as second lieutenants is 27 years, but this is a matter of regulation, not of law. Respectfully submitted.

F. C. AINSWORTH,

The Military Secretary. These five young men were dismissed for taking prominent part in, devising, planning, preparing for, instigating, and executing the mutinous demonstration of the 16th of April.” The exact language of the official report on this matter is quoted in order to show the exact cause of dismissal. The young men were not dismissed for hazing. Since the disnrissal the careers of these young men have been especially praiseworthy. Four of them were tendered engineering employment of a most difficult character in South America, where they acquitted themselves with distinguished credit, both as to engineering skill and gentlemanly conduct. Returning a year or two ago to this country, young Linton was appointed a colonel of Michigan troops and aide-de-camp on the staff of Governor Warner of that State. Bowlby, on his return, became a member of the faculty of the University of Washington. Keller holds a responsible position in the engineering service of New York City. Mahaffey, after an especially successful career in South America, is now in the railroad engineering service in Texas. Cleveland is in Ecuador, where he has risen to the most responsible position of inspecting engineer and road master of the Guayaquil and Quito Railway Company.

In view of the fact that Bowlby and Linton have already been tendered appointments and in order to remedy the discrimination against Mahaffey, Cleveland, and Keller, arising unavoidably out of this situation; in view of the recommendation of the Superintendent of the Military Academy, who authorized the order of dismissal, and of the favorable attitudes of the Secretary of War and the President; in view of the statement of the Secretary of War in his last two annual reports that the “ Army has not enough officers, either in the line or in the staff;" in view of the fact that the families, friends. and fellow-citizens of these young men will welcome with deepest appreciation the lifting of this shadow from their records, and in view of the exemplary, painstaking, and praiseworthy careers of the young men since the unfortunate occurrence of 1901, the Committee on Military Affairs recommend the passage of this bill with the following amendment:

Add after the word “ Army,” in line 7, the words “notwithstanding the bar of age

O

CONGRESS

TO FIX THE BOUNDARIES OF CERTAIN LANDOWNERS AND ENTRY.

MEN ADJOINING THE COEUR D'ALENE INDIAN RESERVATION.

JANUARY 30, 1907.—Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed.

Mr. FRENCH, from the Committee on the Public Lands, submitted the

following

REPORT.

.

[To accompany H. R. 24374.]

or

The Committee on the Public Lands, to whom was referred House bill 24374, having had the same under consideration, respectfully submit the following report:

Amend the bill as follows:

In line 7, after the words “ owners of land,” insert the words " entrymen.

In line 8, after the word "patent,” insert the words “ or entry.” In line 9, after the word "land," insert the following:

Upon payment therefor at their appraised value, as provided in the act of June twenty-first, nineteen hundred and six (Thirty-fourth Statutes at Large, page three hundred thirty-five).

Add the following proviso to the end of the bill:

Provided, That the provisions of this act shall not extend to lands which are embraced in allotments made under the provisions of the act of June twentyfirst, nineteen hundred and six (Thirty-fourth Statutes at Large, page three hundred thirty-five), or to lands in the use or occupation of any Indian having tribal rights on the Coeur d'Alene Reservation.

The title of the bill should be amended by inserting after the word “ landowners" the words and entrymen.

Herewith is attached copy of the report upon the bill from the honorable Secretary of the Interior; also report to the Secretary from the honorable Commissioner of Indian Affairs;

DEPARTMENT OF THE INTERIOR,

Washington, January 26, 1907, SIR: I have the honor to acknowledge the receipt of your communication of the 17th instant, inclosing for report thereon a copy of H. R. 24374, Fifty-ninth Congress, first session, entitled "A bill to fix the boundaries of lands of certain landowners adjoining the Coeur d'Alene Indian Reservation."

HR-59-2-Vol 1– 42

In response I transmit herewith a copy of a report on the bill from the Commissioner of Indian Affairs, dated the 25th instant, from which it will be seen that his Office is for reasons stated opposed to the bill in its present form, but that if the bill be amended by inserting the words “ upon payment therefor at not less than their appraised value, as provided in the act of June twentyfirst, nineteen hundred and six (Thirty-fourth Statutes at Large, page three hun. dred and thirty-five)” in line 9, after the word “land," and by the addition of the following proviso:

"Provided, That the provisions of this act shall not extend to lands which are embraced in allotments made under the provisions of the act of June twentyfirst, nineteen hundred and six (Thirty-fourth Statutes at Large, page three hundred thirty-five), or to lands in the use or occupation of any Indian having tribal rights on the Coeur d'Alene Reservation," the objectionable features of the bill will be eliminated. The views of the Commissioner are concurred in by the Department. Very respectfully,

E. A. HITCHCOCK, Secretary. CHAIRMAN OF COMMITTEE ON THE PUBLIC LANDS,

House of Representatives.

DEPARTMENT OF THE INTERIOR,

OFFICE OF INDIAN AFFAIRS,

Washington, January 25, 1907. SIR: I am in receipt, by Department reference for consideration and report, of a letter from Hon. John F. Lacey, chairman of the Committee on the Public Lands, House of Representatives, inclosing a copy of H. R. 24374, Fifty-ninth Congress, second session, entitled "A bill to fix the boundaries of lands of certain landowners adjoining the Coeur d'Alene Indian Reservation," on which he requests such information as will aid the Committee on the Public Lands in its further consideration.

I have considered the bill H. R. 24374, and find that its main features, while undoubtedly equitable to the owners of land adjoining the Coeur d'Alene Indian Reservation, are manifestly unjust to the Indians of that reservation. The bill makes no provision for payment to the Indians for the lands that would be taken from the reservation under authority of the bill, if enacted, and given to owners of lands adjoining; neither are the rights of the Indians to the use and occupancy of lands along the boundaries protected.

I am opposed to the bill in its present form, as I believe the rights of the Indians to lands within the boundaries of the Coeur d'Alene Indian Reservation are superior to the rights of adjoining landowners, and can see no good reason for divesting the Indians of their rights without proper compensation. But if the bill be amended by inserting the words “ upon payment therefor at not less than their appraised value, as provided in the act of June twenty-first. nineteen hundred and six (Thirty-fourth Statutes at Large, page three hundred thirty-five)," in line 9, after the word “land ; ” and by the addition of the following proviso:

Provided, That the provisions of this act shall not extend to lands which are embraced in allotments made under the provisions of the act of June twenty-first, nineteen hundred and six (Thirty-fourth statutes at Large, page three hundred thirty-five), or to lands in the use or occupation of any Indian having tribal rights on the Coeur d'Alene Reservation," the objectionable features of the bill will be eliminated.

I have given the bill careful consideration and am of the opinion that, with amendments as herein indicated, it might properly receive favorable consideration, but the amendments proposed are essential in justice to the Indians of the Coeur d'Alene Reservation.

This report is submitted in duplicate and the letter of Mr. Lacey returned herewith. Very respectfully,

F. E. LEUPP, Commissioner. The SECRETARY OF THE INTERIOR.

As so amended the committee recommend that the bill pass.

[ocr errors]
« iepriekšējāTurpināt »