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AFFIDAVIT OF ALMA MALLETTE Mrs. Alma Mallette, Route 1, Box 34A, Quincy, Mo., and of lawful age, being by me first duly sworn upon her oath states that she formerly lived about 10 miles south of Waynesville, Mo., and in what is now the Fort Leonard Wood Army Reservation, and that she was forced to sell her land and home and tMat she bought and moved to a farm near Quincy, Mo.

That before her marriage to Leland U. Mallette she was married to Edward C. Steward, who is now deceased. That Steward and herself are and were the father and mother of Harry Steward, deceased, and that Edward C. Steward is now deceased and that she is the only living parent of the said Harry Steward, deceased, and that said Harry Steward, deceased, was killed on March 11, 1942, while riding in an Army jeep at the invitation of three soldiers from Fort Leonard Wood, Mo., and that she has paid the sum of $206 as funeral expenses of the said Harry Steward, deceased.

That the said Harry Steward was born on the 25th of April 1923, and that he was of the age of 18 years at the time of his death.

That she is the sole beneficiary and mother of the said Harry Steward, the father of said Harry Steward being deceased, and that she was dependent on this boy for support for the reason that he was the only one in the family who was old enough to work and contribute to her support, and that said Harry Steward was not in the military service of the United States.

That she was married to her present hiusband, Leland U. Mallette, on the 22d day of March 1941, and that he is a disabled World War veteran and not able to work or contribute very much to her support.

Affiant further states that she gave her testimony in a military hearing at Fort Leonard Wood in which she outlined the amount of the support contributed to her by this boy and also the amount of funeral expenses she paid which testimony was transcribed and is now in the hands of the War Department at Washington, D. C.

ALMA MALLETTE. COUNTY OF BENTON,

State of Missouri: Subscribed and sworn to before me this the 16th day of December 1943. (SEAL)

JAMES D. COPP,

Notary Public. My, term expires October 2, 1946.

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MAJ. WILLIAM PEYTON TIDWELL

FEBRUARY 20, 1945.-Committed to the Committee of the Whole House and

ordered to be printed

Mr. BYRNES of Wisconsin, from the Committee on Claims, submitted

the following

REPORT

[To accompany H. R. 1877)

The Committee on Claims, to whom was referred the bill (H. R. 1877) for the relief of Maj. William Peyton Tidwell, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Page 1, line 6, strike out the figures "$770" and insert in lieu thereof the figures "$254.47".

At the end of bill add: : Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

The purpose of the proposed legislation is to pay the sum of $254.47 to Maj. William Peyton Tidwell, of Washington, D. C., in full settlement of all claims against the United States for the difference in the pay he received while assigned with the War Department and the amount he would have received as secretary of the Surplus War Property Policy Board for a period of 35 days ending May 29, 1944.

STATEMENT OF FACTS

It appears that Major Tidwell was appointed in the Army Specialist Corps on October 8, 1942, and subsequently received the temporary appointment of major in the Army of the United States on November 30, 1942. He served on active duty until May 30, 1944, when he

, reverted to an inactive status, under the War Department policy which permitted the release of certain officers over 38 years of age from active duty when no suitable assignment existed for them. Prior to his release from active service, he was granted a leave of absence for 35 days, effective April 24, 1944, under the normal practice of granting terminal leaves of absence equal to the amount of their accumulated leave to officers of the Army who were relieved from active duty under honorable conditions. During this leave Major Tidwell remained in an active status as an Army officer and received the pay and allowances of such office in the amount of $515.53, representing base pay at the rate of $250 per month.

The records further show that Major Tidwell remained on duty with the Surplus War Property Policy Board during the period of his leave of 35 days, which he was entitled to upon the request of the administrator in a civilian status at a salary of $8,000 per annum. On March 14, 1944, The Adjutant General of the War Department was requested to relieve him fromfactive duty. On March 27, 1944, the Surgeon General's office, where Major Tidwell was stationed, agreed to assign him to the Surplus War Property Policy Board on a military detail beginning March 27, 1944. He functioned as secretary of this Board, in uniform, from March 27 to April 24, 1944, when he was granted a terminal leave of 35 days before reverting to an inactive status on May 30, 1944.

The programs which Major Tidwell had initiated were then under way and it was essential that during these 35 days of his terminal leave he should continue without interruption to perform his duties as secretary of the Board. The records further show that Major Tidwell sought unsuccessfully to have these 35 days Army leave credited to him as a civil-service employee so that he could avail himself of them later.

It is the opinion of your committee that Major Tidwell agreed to stay on his assignment during these 35 days leave without compensation, and the Civil Service Commission was unable to credit him with the leave as a civil-service employee, that he is entitled to the sum of $254.47, which is the difference in the pay he received and the pay he would have received had he resigned and been placed on pay roll of the War Surplus Property Policy Board.

Your committee recommend favorable consideration to the bill as amended. Appended hereto are reports from the War Department and Surplus War Property Administration.

OFFICE OF WAR MOBILIZATION,
SURPLUS WAR PROPERTY ADMINISTRATION,

Washington, D. C., October 7, 1944.
Re H. R. 5010, Maj. William Peyton Tidwell.
Hon. Dan R. McGEHEE,
Chairman, Committee on Claims,

House of Representatives, Washington, D. C. Dear Mr. McGEHEE: I refer to your letter of September 26, 1944, with respect to H. R. 5010, a bill for the relief of Maj. William Peyton Tidwell. On March 15, 1944, I requested Major Tidwell to become secretary of the Sur

I plus War Property Policy Board which had been set up under Executive Order 9425 on February 21, 1944.

It was my preference that Major Tidwell serve the Board in a civilian status at $8,000 per annum. At my suggestion, he applied, on March 14, 1944, to The Adjutant General of the War Department for relief from active duty.

On March 21, the Surgeon General's office, where Major Tidwell was stationed, agreed to assign him to the Surplus War Property Administration on a military detail beginning March 27.

Major Tidwell functioned as secretary of the Surplus War Property Policy Board, in uniform, from March 27 to April 24, 1944, when he was granted terminal leave of 35 days before reverting to an inactive status on May 30, 1944.

The programs which Major Tidwell had initiated were then under way and it was essential that during these 35 days of his terminal leave he should continue without interruption to perform his duties as Secretary of the Surplus War Property Policy Board. Because of a Federal Statute which prohibits the payment of two salaries at one time to a Federal Government employee, it was not possible for the Surplus War Property Administration to enter him on its rolls until the end of his leave on May 30.

Major Tidwell informed me that he sought unsuccessfully to have these 35 days Army leave credited to him as a civil-service employee so that he could avail himself of them later.

In view of the fact that Major Tidwell agreed to stay on his assignment with Surplus War Property Administration during these 35 days without compensation from the Surplus War Property Administration and that the Civil Service Commission was unable to credit him with 35 days as a civil-service employee, it is my recommendation that the claim for $770 in H. R. 5010 be allowed and paid to him. Attached is a copy of our file on this subject. Sincerely yours,

W. L. CLAYTON, Administrator.

APRIL 26, 1944. Subject: William Peyton Tidwell, major, MAC, 0505928. Hon. William B. BARRY,

House of Representatives, Washington, D. C. DEAR MR. BARRY: 1. The subject officer submitted his resignation from activo service to the War Department on March 15 so that he might accept position as Secretary of the Surplus War Property Policy Board at $8,000 per year.

W. L. Clayton, Surplus War Property Administrator, had stipulated that Major Tidwell must revert to civilian status in order to function as Secretary of the Policy Board.

2. Mr. Clayton requested the War Department to assign Major Tidwell to the Surplus War Property Administration, in military status, until his resignation became effective. Consequently, Major Tidwell reported to Surplus War Property Administration on March 27 on a military detail..

3. Major Tidwell's release from the Army was given in Special Orders No. 95 dated April 20, 1944.

4. Major Tidwell's accumulated leave amounted to 35 days, which is shown in Special Orders No. 95. At the end of 35 days, or May 30, 1944, he will revert to inactive status for the duration of the war and 6 months thereafter.

5. Major Tidwell has since March 27 functioned as Secretary of the Surplus War Property Policy Board. He is unable to drop his duties at Surplus War Property Policy Board in order to take the 35 days leave.

6. The War Department has advised him informally that the 35 days are not transferrable to the Surplus War Property Policy Board and the Surplus War Property Policy Board has informally advised him that his salary will not start until May 30, 1944. Very truly yours,

WILLIAM P. TIDWELL,

Secretary; Policy Board.

March 16, 1944. MEMORANDUM TO MR. CLAYTON I understand from Major Tidwell that Maj. Gen. Norman T. Kirk, the Surgeon General, is out of the city for an indefinite period.

In view of this fact, it would be my suggestion that you communicate with Judge Patterson with respect to the release of Major Tidwell from the Surgeon General's Office,

Lt. Col. J. P. WOODLOCK.

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