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explaining the effect of the bill, is made a part of this report and reads as follows:

Hon. DAVID A. REED,

WAR DEPARTMENT, Washington, D. C., February 11, 1932.

Chairman Committee on Military Affairs,

United States Senate.

DEAR SENATOR REED: Careful consideration has been given to the bill (S. 460) to give war-time commissioned rank on the retired list to retired enlisted men of the Army, Navy, Marine Corps, or Coast Guard, which you transmitted to the War Department under date of February 3, 1932, with a request for information and the views of the department relative thereto.

In so far as Army personnel is concerned, the applicable provisions of existing law upon the subject are:

Act of March 2, 1907 (34 Stat. 1217), which reads: "When an enlisted man shall have served 30 years either in the Army, Navy, or Marine Corps, or in all, he shall, upon making application to the President, be placed upon the retired list with seventy-five per centum of the pay and allowances he may then be in receipt of

* * * "

Section 127a of the national defense act, as amended by section 8, act of June 6, 1924 (43 Stat. 472), which reads: "That retired enlisted men of the Army heretofore or hereafter retired who served honorably as commissioned officers of the Army of the United States at some time between April 6, 1917, and November 11, 1918, shall be entitled to receive the pay of retired warrant officers of the Army; *

Section 2, act of June 21, 1930 (46 Stat. 793), which reads: "All persons who have served honorably in the Army, Navy, Marine Corps, and/or Coast Guard of the United States during war shall, when not in the active military and/or naval service of the United States, be entitled to bear the official title and, upon occasions of ceremony, to wear the uniform of the highest grade held by them during their war service."

The effect of the proposed law would be to give any enlisted man of the Army, Navy, Marine Corps, or Coast Guard who served in such services creditably during the World War or the Spanish-American War and who has been or may in future be retired according to law, a rank on the retired list of the highest commissioned rank held by him during such war.

The War Department favors any legislation which will accord to personnel now on the retired list of the Army, or who may in future be placed thereon, the highest rank held by them during the World and Spanish-American wars, provided such legislation does not result in increased cost to the Government for pay and allowances and does not discriminate against other equally deserving retired personnel.

S. 460 as now drawn fails to meet the above conditions and is otherwise objectionable to the War Department in the following respects:

(a) While prohibiting increases in retired pay and allowances, no such prohibition is included against increased pay in the event any of the personnel benefited thereby should be placed on active duty. In this connection it may be stated that 10 retired enlisted men of the category described in the bill are now on active duty.

(b) The War Department is of the opinion that any man advanced in grade by the proposed bill would, if called to active duty, function as a commissioned officer of the rank to which he is advanced rather than an enlisted man, an undesirable situation which might hamper the department in utilizing their services. (c) The bill as drawn does not extend its provisions to warrant officers, many of whom, now on the retired and active lists of the Army, had commissioned service during the wars named and are considered by the department to be equally if not more deserving than those described in the bill. Neither does it make provision for a few enlisted men who served in higher enlisted grades or as temporary warrant officers during these two wars.

In view of the foregoing, the War Department recommends passage of S. 460 amended to read as follows:

"A BILL To give war-time commissioned rank to retired warrant officers and enlisted men "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all warrant officers and enlisted men who served in the Army, Navy, Marine Corps, or Coast Guard of the United States

during the World War or the Spanish-American War, and whose service during such war was creditable, and who have been or hereafter may be retired according to law, shall on the date of approval of this act or upon retirement in the case of those now on the active lists of the services named herein, be advanced in rank on the retired list to the highest commissioned, warrant or enlisted grade held by them during such war: Provided, That nothing in this act shall entitle any of the personnel described herein, while on active duty, to any other rank than that in which they were serving at the time of retirement: And provided further, That no increase in active or retired pay or allowances shall result from the passage of this act."

The estimated additional annual cost, if S. 460 as now drafted becomes a law and the 10 men mentioned as being on active duty continue in that status, is $27,688.92. Should the bill be amended as recommended herein, its passage would involve no additional cost.

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72D CONGRESS 1st Session

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SENATE

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REPORT No. 247

BRIDGE ACROSS TRINITY RIVER BETWEEN COUNTIES OF NAVARRO AND HENDERSON, IN THE STATE OF TEXAS

FEBRUARY 5 (calendar day, FEBRUARY 16), 1932.-Ordered to be printed

Mr. VANDENBERG, from the Committee on Commerce, submitted the following

REPORT

[To accompany H. R. 8250]

The Committee on Commerce, to whom was referred the bill (H. R. 8250) granting authority to the Texas State Highway Commission to maintain and operate, as constructed, a free highway bridge across Trinity River, between the counties of Navarro and Henderson, in the State of Texas, having considered the same, report favorably thereon and recommend that the bill do pass without amendment. The bill has the approval of the Departments of War and Agriculture, as will appear by the annexed House of Representatives Report No. 386, which is made a part of this report.

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8250) granting authority to the Texas State Highway Commission to maintain and operate, as constructed, a free highway bridge across the Trinity River between the counties of Navarro and Henderson, in the State of Texas, having considered and amended the same, report thereon with a recommendation

that it pass.

Amend the bill as follows:

of Trinidad,".

Page 1, line 7, before the word "between," insert the words "0.7 mile west The bill has the approval of the War and Agricultural Departments, as will appear by the letters attached.

WAR DEPARTMENT, January 28, 1932.

Respectfully returned to the chairman Committee on Interstate and Foreign

Commerce,

House of Representatives.

So far as the interests committed to this department are concerned, I know of 0 objection to the favorable consideration of the accompanying bill, H. R. 8250, Seventy-second Congress, first session, granting authority to the Texas State

Highway Commission to maintain, as constructed, a free highway bridge across
Trinity River between the counties of Navarro and Henderson, in the State of
Texas, if amended as indicated in red thereon.
PATRICK J. HURLEY,

Secretary of War.

Hon. SAM RAYBURN,

DEPARTMENT OF AGRICULTURE,
Washington, January 29, 1932.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. RAYBURN: Careful consideration has been given to the bill H. R. 8250, transmitted with your letter of January 23, 1932, with request for a report thereon and such views relative thereto as the department might desire to communicate.

This bill would authorize the Texas Highway Commission, their successors and assigns, to maintain and operate the free bridge and approaches thereto, as constructed, across Trinity River, between the counties of Navarro and Henderson, State of Texas. The bridge in question is located on the system of Federal-aid highways approved for Texas and is a part of section C of Texas Federal-aid project No. 375. Favorable action on the bill is recommended.

Sincerely,

R. W. DUNLAP, Acting Secretary.

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