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INCREASE OF PENSION TO WIDOWS, ETC., OF SOLDIERS AND SAILORS OF THE REGULAR ARMY AND NAVY

MAY 22, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. KNUTSON, from the Committee on Pensions, submitted the

following

REPORT

[To accompany S. 958]

The Committee on Pensions, to whom was referred the bill S. 958, having considered the same, report the same with amendments with the recommendation that the amendments be agreed to and the bill as amended be passed.

Strike out all after the enacting clause and insert in lieu thereof: That the rate of pension for any widow, minor child, dependent mother, or father whose name is now on the roll under the general law, or hereafter may be placed on the pension roll by reason of the soldier's or sailors death having been due to his service, and entitled to receive a less rate than hereinafter provided, shall be $24 per month for the widow, and $6 per month for each child under sixteen years of age, and $20 per month for any dependent mother or father. SEC. 2. Enlisted men who are restored to duty to complete their terms of service after desertion, and their widows or dependents, shall be entitled to the benefits of the pension laws on account of death or disability incurred in line of duty.

SEC. 3. That the increase of pension under this act to all persons whose names are now on the roll shall commence at the rates herein provided on the fourth day of the month next after the approval of this act.

Amend the title so as to read:

A bill granting increase of pension under the general law to widows, minor children, dependent mothers and fathers of soldiers and sailors of the Regular Army and Navy, when it has been shown that the soldier's or sailor's death was due to service or the result of a disability, or, disease contracted in the service in the line of duty, and for other purposes.

The provisions of the bill as amended by the House are as follows: Section 1 of the bill provides a pension of $24 per month for widows and $6 per month for the minor children and $20 per month for a dependent mother or father.

Section 2 of the bill provides new relief for widows and dependents in a very limited number of cases. This section will also grant relief to a very limited number of soldiers who at the present time are barred because of a technicality of the existing law.

Section 3 of the bill provides for the date of commencement of pension under this act.

It might be proper to further explain the provisions of section 1 of this bill, inasmuch as it effects the several rates of pension under existing law.

To explain this the following table is inserted:

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To further explain section 2 of this bill the committee felt that section 6 of the act of May 11, 1908

That any soldier who deserts shall, besides incurring the penalties now attaching to the crime of desertion, forfeit all right to pension which he might otherwise have acquired

should be amended, in view of the fact that an act of Congress, dated March 4, 1915 (38 S. 1085), which in substance provides that the Secretary of War may, in his discretion, restore any prisoner, deserter, etc., to an honorable status in the Army and grant an honorable discharge when they would otherwise give a dishonorable discharge. This is in conformity with the fiftieth, fifty-first, and fifty-second articles of war.

To further illustrate this case, an explanation is given which is as follows: An enlisted man serving an enlistment of three years, deserts from the service, and is carried on the rolls as a deserter for a period of three months, returns to service voluntarily, he otherwise having a good record, may under this act of Congress, be restored to an honorable status to complete his term of enlistment, and later while in the line of duty, receives a broken arm by catching it in an airplane propeller and receives an honorable discharge for disability. This statement of facts has barred the soldier from receiving the benefits of pension in view of the act of May 11, 1908. Inasmuch as he has been honorably discharged, having completed his term of enlistment, the committee was of the opinion that section 2 should be included to grant relief in a meritorious case of this type which happens only in rare instances. This section would also grant relief to the widow, minor children, or dependent parents in case of the soldier's death. They have no title to pension under existing law.

The widows, minor children, dependent mother or father of the soldier or sailor in order to have title to pension under the provisions of this bill must prove that the soldier's or sailor's death was the result of his military or naval service, in the line of duty.

The bill as it passed the Senate contained sections 1, 2, 3, and 4. The bill as amended by the committee eliminated section 1 of the Senate bill and section 3, and amended sections 2 and 4.

Under section 1 of the Senate bill the rates contained therein were as follows:

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(a) The act of March 3, 1883, provides a rate of pension of $30 per month for inability to perform any manual labor and was increased under section 1 of this bill to $50 per month.

(b) The act of July 14, 1892, provides a rate of pension of $50 per month for disability of such a degree as to require the frequent and periodical aid and attendance of another person and was increased under section 1 of this bill to $60 per month.

(c) The act of March 4, 1890, provides a rate of pension of $72 per month for the regular aid and attendance of another person and is increased to $90 per month under the provisions of section 1 of

this bill.

(d) The act of March 3, 1883, provides a rate of pension of $24 per month for disability equivalent to the loss of a hand or foot and was increased under section 1 of this bill to $36 per month.

(e) Section 4699 (R. S. U. S.) provides that the rate of $18 per month pension may be proportionately divided for any disability for which other provision is not made. This $18 rate is divided in a scale of pension which ranges from $6 to $17 per month. This $18 rate was raised in section 1 of the bill to $30 per month.

The committee, after a careful consideration of this section 1 of the Senate bill, struck out the item, inasmuch as the proposed rates for peace-time service in the Regular Establishment as increased under this section would be equivalent to the rates of pension based on war-time service, such as Spanish War, Civil War, and Indian wars. The scale of pension under the general law ranges from $6 to $125 per month for disability incurred in the service in line of duty, during peace-time service, which appears to be a fair rate of pension. Therefore, further relief at this time was not deemed proper.

Section 2 of the Senate bill contains a rate of penison for widows of peace-time soldiers of $30 per month, with $6 per month for the minor children and $20 per month for dependent mothers or fathers. This item appeared to be fair to the committee with the exception of the $30 rate provided for the widow. This rate of pension was reduced to $24 per month by the committee, inasmuch as the Spanish War widows, Indian war, and the Civil War widows, receive a rate of pension of $30 per month, and it was not deemed proper to provide the same rate of $30 per month for the widow of a peace-time soldier.

Section 3 of the bill was stricken out by the committee inasmuch as the Secretary of the Interior is charged by law (sec. 441, R. S. U. S. C. 5, sec. 485) with entire authority and responsibility in the determination of all questions involved relating to title to pension and includes interpretation of the meaning of the words "in line of duty' in the military or naval service, wherein the line of duty is an element of title Under existing law the cause of a disability affording title to pension must in some manner pertain to, and have a natural and logical connection with, the military or naval service and to line of duty in said service.

The Secretary of the Interior and the Bureau of Pensions, in construing the words " in line of duty" has been consistent and unvarying almost from its foundation. The responsibility for the administration of the pension laws rests with that department. The effect of section. 3 as proposed by the Senate bill would be to subordinate that department to that of another department, namely, the War or Navy Department, which departments, are not charged with the responsibility for the administration of the pension laws and would mean a radical departure from existing law and manifestly result in confusion of authority.

In prior Congresses the Pensions Committee of the House has consistently upheld this contention.

The cost of the bill as it passed the Senate would be $2,173,292 and this figure as reported by the Director of the Bureau of the Budget, in which he states that the expenditures contemplated by this proposed legislation would not be in accord with the financial program of the President. Therefore, the committee amended the bill to grant relief to widows, minor children, and dependent parents, and by this amendment the bill will cost $405,816.

The attached letters and report by the Secretary of the Interior, the Commissioner of Pensions, on S. 958, as it passed the Senate fully explain the interpretation of the bill as it passed the Senate, the cost and number of persons affected.

The letters are as follows:

DEPARTMENT OF THE INTERIOR,
Washington, May 19, 1930.

Hon. HAROLD KNUTSON,

Chairman Committee on Pensions,

House of Representatives.

MY DEAR MR. CHAIRMAN: With further reference to your request for a report on S. 958, which would grant increase of pensions to soldiers and sailors and their dependents and authorize acceptance of certain records as to incurrence of a disability in service in line of duty, there is transmitted herewith a memorandum from the Commissioner of Pensions, to which attention is invited.

Your particular attention is called to section 3 of the measure, which provides as follows:

"That a record of the War or Navy Department stating that a wound or injury was incurred, or disease contracted, in line of duty shall be accepted as sufficient proof of origin in service in line of duty, provided that said disability was not the result of the person's vicious habits."

The Secretary of the Interior is charged by law (sec. 441, Rev. Stats., U. S. C., title 5, sec. 485) with entire authority and responsibility in the determination of all questions involved relating to title to pension, and includes interpretation of the meaning of the words "line of duty" in the military or naval service, wherein line of duty is an element of title. Under existing law the cause of a disability affording title to pension must in some manner pertain to, and have a natural and logical connection with, the military or naval service and to line of duty in said service.

The department in construing the words "line of duty" has been consistent and unvarying almost from its foundation. The responsibility for the administration of the pension law rests with this department. The effect of this section of the proposed legislation would be to subordinate the department to that of another department not so charged, and would mean a most radical departure from existing law and manifestly result in confusion of authority.

It is also noted that the terms of section 1 of the bill remove present distinction between officers and enlisted men in applying the provisions of the act and eliminates the factor of rank in determination of pensions rates. This appears to be in conflict with sections 4695 and 4696 of the Revised Statutes.

The Director of the Bureau of the Budget reports that the expenditures contemplated by this proposed legislation would not be in accord with the financial program of the President.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

DEPARTMENT OF THE INTERIOR,

BUREAU OF PENSIONS,
Washington, May 5, 1930.

Memorandum for the Secretary concerning S. 958, which passed the Senate April 1, 1930.

The chairman of the Committee on Pensions of the House of Representatives requests that a report be furnished on this measure, accompanied by any suggestions that it may be desirable to make with reference thereto.

The purpose of the bill as stated in the title is to grant increase of pensions under the general law for disability incurred in the service in line of duty, and to authorize the acceptance of the records of the War and Navy Departments as to incurrence of a disability in service in line of duty.

In section 1 provision is made for increase to persons who, while in the military, naval, or Marine Corps service of the United States, and in line of duty, shall have incurred a disability or contracted a disease, as follows:

(a) The rate for inability to perform any manual labor is raised from the present rate of $30 a month (act March 3, 1883; 22 Stat. 453) to $50 a month. (b) The rate of $50 a month provided by the act of July 14, 1892 (27 Stat. 149), for disability of such a degree as to require frequent and periodical aid and attendance of another person is increased to $60 a month.

(c) The act of March 4, 1890 (26 Stat. 16), provides a rate of $72 a month for regular aid and attendance of another person. This rate is increased to $90 a month.

(d) The rate provided by the act of March 3, 1883 (22 Stat. 453), for disability equivalent to the loss of a hand or foot is $24 a month. The rate in S. 958 is $36 for this condition.

(e) Section 4699, Revised Statutes, provides that the rate of $18 a month may be proportionately divided for any disability for which other provision is not made. This rate is increased to $30 month.

COMMENT

It is suggested that the word "totally" in section 1, page 2, line 2, be eliminated. "Unable to earn a support" is believed to be sufficiently definite to serve the purpose apparently intended. "Totally unable" could, and might, be too strictly construed.

It is recommended that the sentence in section 1, beginning on line 11, page 2, be changed to permit the allowance of the $30 rate, as well as fractions of that rate, the sentence to read: "The rate of $30 per month may be allowed or proportionately divided for any disability established for which no provision is otherwise made." The law providing that the rate of $18 may be proportionately divided has been construed to mean that $17 is the highest rate allowable. It is not understood that there is an intent in this bill to reduce any general law pension, to grant pension at a lesser rate than is provided by existing law, or to repeal any existing law. Under the general law, rank is considered in fixing the rate of pension in certain cases. (Secs. 4695, 4696, R. S.) The maximum

amount that can be allowed in case the rate is based on the rank held at the time of incurrence of the disability is $30 a month. Double rate of pension is allowed in claims based on certain aviation and submarine accidents (acts March 3, 1915,

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