WORLD WAR VETERANS' LEGISLATION

SOUTH DAKOTA

TUESDAY, DECEMBER 16, 1930

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE OF THE COMMITTEE ON

WORLD WAR VETERANS' LEGISLATION, Washington, D. C. The Subcommittee of the Committee on Veterans' Affairs this day met at 10 o'clock a. m., Hon. Edith Nourse Rogers presiding. Mrs. ROGERS. We have under consideration H. R. 14445, introduced by Mr. Johnson of South Dakota, authorizing appropriations for construction at the Battle Mountain Sanitarium, National Soldiers' Home, Hot Springs, S. Dak., and for other purposes; and also H. R. 14704, a bill introduced by Congressman Williamson, of South Dakota, to authorize appropriations for construction at the Battle Mountain Sanitarium, National Soldiers' Home, Hot Springs, S. Dak.

Mr. Johnson is present, and we will hear him first. Mr. Johnson had a very gallant war record and is the able and very distinguished chairman of the World War Veterans' Committee.

STATEMENT BY HON. ROYAL C. JOHNSON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF SOUTH DAKOTA

Mr. JOHNSON. Madam Chairman, these bills, which are introduced by Representative Williamson and myself, are identical measures, authorizing further construction at the Battle Mountain Sanitarium. of the National Soldiers' Home at Hot Springs, S. Dak. The subcommittee will note that these bills were referred to the Committee on Military Affairs, and I speak very briefly to the subcommittee on this question of jurisdiction in the matter of authorizing appropriations for the so-called soldiers' home.

You will recall that for a great many years the Committee on Military Affairs had complete jurisdiction over soldiers' homes, their construction, their personnel, and all matters connected with them, and some of their jurisdiction was given to the War Department, but the real jurisdiction was a Board of Managers of the Soldiers' Homes. There is a very interesting history connected with that, and naturally such was the state of mind at the time the Congress desired the President to have no jurisdiction over these homes, there being some political battle at that time. Therefore the Congress

reserved to itself the right to elect this board of managers. I am not going into the details concerning that, but it is well to note it as this question of jurisdiction now comes up.

In 1923 I introduced the first bill to consolidate the Veterans' Bureau activities, and as a matter of fact soldiers' activities generally, and this committee-the Committee on World War Veterans' Legislation-two or three times reported consolidation measures, although there was a question of our right to do so. But it was certain that the Government desired that there should be such consolidation. The matter could not be definitely settled, and no action could be taken because it happened at that time that a very prominent Senator-very powerful in the Senate at that time-had a very close relative who was in charge of the soldiers' homes, and no action could be taken. Later, however, the House of Representatives created a new committee, the Committee on Expenditures in Executive Departments. This was a committee of five powerful men, a committee that had great power and authority but seldom exercised it. And this new committee is one of the committees of the House at the present time. Mr. Williamson, who will speak to you this morning, and is now present, and that committee is presided over by him.

The board of managers was abolished, the War Department was taken out of the picture and has no jurisdiction and we have a peculiar question of jurisdiction here. I am convinced that the Committee on Military Affairs has no jurisdiction whatever, and I will, at the proper time, make a point of order if a bill is presented by them on the floor of the House.

On the other hand, there can be no doubt but that this committee has the power to authorize appropriations for soldiers' homes.

Madam Chairman, I want to call your attention to the fact as you have been with it from the beginning, that this committee has authorized expenditures in the sum of $2,000,000 for Walter Reed Hospital construction; we authorized construction of the Battle Mountain Sanitarium in part, where one ward was already finished and had proper provision made so that a building could be erected without great cost to the Government. And there is no question but that we have power, this committee has power to appropriate, and as a subcommittee chairman you have the power to make recommendations to the Director of Veterans' Administration, and there can be no doubt but that he has the power to utilize a lump-sum appropriation in any of the activities under his jurisdiction.

The Director of Veterans' Affairs now has jurisdiction of the Soldiers' Home and without any measure before you at all except the general authorization bill (which is the form we always report these measures as you recall, because you have reported many of them) you could authorize a lump-sum appropriation of any amount from $1 to $100,000,000, and the Director of Veterans' Affairs could use it on any of the hospitals or homes under his jurisdiction, and I am discussing this so that the committee may understand the attitude I am taking.

Mrs. ROGERS. Before when the committee authorized the appropriation for the Walter Reed Hospital that was actually expended by the War Department, was it not?

Mr. JOHNSON. By the War Department.

Mrs. ROGERS. The money was turned over to the War Department to expend?

Mr. JOHNSON. Yes.

Mrs. ROGERS. But now, under the new law, the money would be turned over to the Veterans' Affairs?

Mr. JOHNSON. Be turned over to the Veterans' Administration. Representative Williamson is here to-day and is the author of the bill that made this consolidation, and is perhaps as familiar with the statute as any one living, because he drew it and fought it through the House. He not only drafted it, but if there is any man living who knows the legislative intent he is the man, so I have asked him to discuss that phase of it, although he appears primarily because Battle Mountain is in his district which he has so ably represented in the House of Representatives for so many years.

Speaking on the merits of the appropriation, I should like to say, Madam Chairman, when the previous appropriation for this T. B. annex was made at Battle Mountain Sanitarium, I took a very prominent part in it. Mr. Watson B. Miller, of the American Legion, who is here to-day, and myself, with legionnaires of South Dakota, have been over the ground many times. We know the actual situation. We think we know the need for it.

Battle Mountain Sanitarium is located at Hot Springs, S. Dak., and practically on the border of three States. It does not serve South Dakota alone. It takes care of only a small part of the patients in the western part of the State, because the main patient load of South Dakota is east of the Missouri River where most of the people live. It is a very large State, and it is cheaper for the Government to hospitalize the patients in the eastern part of the State at Fort Snelling, near St. Paul and Minneapolis; while this western load will come from Nebraska and Iowa and western part of the State of South Dakota. Because of the isolation of that part of the State it is very necessary that they have a hospital there.

Hon. Carroll H. Lockhart, commander of the American Legion for South Dakota, is here, and he has surveyed the hospital many times. I have asked him to present the witnesses because of his familiarity with the situation and the witnesses. He has been there to the hospital site itself. He has the data prepared to present to the committee. I could present it myself, but he is prepared to present it and he is here with the representative of the attorney general of South Dakota, Mr. James C. Mann, who is appearing in a case before the Veterans' Bureau. It is needless to say that they would not be here at the request of the American Legion of South Dakota, one of the great legions of the United States, if they did not know the problems, and they come amply prepared and competent to present the case. I am compelled to leave the committee at the present time to attend a meeting of the steering committee, which you know sometimes is necessary.

I will, therefore, ask Mr. Lockhart, State commander of the American Legion of South Dakota, to present the witnesses and the case for Battle Mountain Sanitarium, together with such data as he may wish to give the committee on the necessities for additional beds at the Fort Snelling hospital, which also handles part of the load for South Dakota.