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The committee unanimously recommends that the bill do pass.

The Navy Department recommends the enactment of the proposed legislation as is indicated in the letter from the Secretary of the Navy to the chairman of the Committee on Naval Affairs of the House of Representatives, which is hereby made a part of this report.

Hon. CARL VINSON,

Chairman of the Committee on Naval Affairs,

NAVY DEPARTMENT, Washington, December 4, 1943.

House of Representatives.

MY DEAR MR. CHAIRMAN: The bill (H. R. 3247) for the relief of Joseph Langhorne Walker, was referred by your committee to the Navy Department with request for views and recommendation.

The purpose of the bill is to authorize the Secretary of the Navy to appoint Joseph Langhorne Walker on the retired list as an ensign, to rank from June 3, 1937. The bill also provides that Mr. Walker, when so appointed, shall be entitled to retired pay from the time his retired status was terminated on November 13, 1942.

Joseph Langhorne Walker was appointed a midshipman on June 15, 1933, and was commissioned an ensign to rank from June 3, 1937. On October 1, 1938, he was placed on the retired list, having been found physically incapacitated (psychosis manic depressive). He was a patient at St. Elizabeths Hospital, Washington, D. C., from April 10, 1939, to August 1, 1940, on which date he was discharged from treatment at the hospital.

On November 9, 1942, Mr. Walker tendered his resignation from the United States Navy, and stated he expected to be commissioned in the Army of the United States, and that he had been denied active duty in the Navy. As the situation was urgent, his resignation was accepted on November 13, 1942, without investigation as to his mental competency. It is understood that Mr. Walker was not accepted for a commission in the Army.

In view of the foregoing, the Navy Department recommends enactment of the bill, H. R. 3247.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation.

Sincerely yours,

О

FRANK KNOX.

78TH CONGRESS 2d Session

HOUSE OF REPRESENTATIVES

{No. 1207

REPORT

AUTHORIZING THE SECRETARY OF THE NAVY TO CONVEY TO

THE CITY OF NEW YORK CERTAIN LANDS WITHIN
BROOKLYN NAVY YARD IN THE CITY OF NEW YORK

THE

MARCH 1, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. Izac, from the Committee on Naval Affairs, submitted the fol

lowing

REPORT

[To accompany S. 1349]

The Committee on Naval Affairs, to whom was referred the bill (S. 1349) to authorize the Secretary of the Navy to convey to the city of New York certain lands within the Brooklyn Navy Yard in the city of New York, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the bill is to permit the Secretary of the Navy to convey title to two small pieces of real estate in Brooklyn, N. Y., to the city of New York to permit the city to widen Kent Avenue adjacent to the Brooklyn Navy Yard.

The land in question is part of that acquired for the expansion of the Brooklyn Navy Yard in connection with which a part of Washington Avenue was closed. Because of the closing of this busy thoroughfare the city found it necessary to widen Kent Avenue. To accomplish this improvement the city must have title to the two small pieces of land.

The movement of streetcar and other traffic to and from the navy yard will be facilitated by the widening of Kent Avenue and a means for needed sewerage expansion will also be provided.

As a part of the expansion of the Brooklyn Navy Yard, land was taken from the city of New York but the city has not, as yet, been compensated for such land. In the final settlement for such land, which will be either pursuant to a court order or by agreement, it is proposed to give due consideration to the value of the land to be conveyed pursuant to the bill, such value to be determined by a competent appraisal.

No cost would result from the enactment of the bill.

H. Repts., 78–2, vol. 2- -12

The bill was introduced at the request of the Navy Department and representatives of that Department testified before the committee that the widening of Kent Avenue would facilitate the movement of traffic to and from the navy yard and would also permit needed expansion of sewage facilities.

The following letter from the Secretary of the Navy, addressed to the Speaker of the House of Representatives and transmitted by him to the Naval Affairs Committee of the House of Representatives, sets forth the views of the Navy Department on this bill. This letter is hereby made a part of this report.

Hon. SAM RAYBURN,

Speaker of the House of Representatives.

NAVY DEPARTMENT, Washington, July 14, 1943

MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill to authorize the Secretary of the Navy to convey to the city of New York certain lands within the Brooklyn Navy Yard in the city of New York.

The purpose of the proposed legislation is to authorize the Secretary of the Navy to convey to the city of New York two small parcels of land comprising a part of the area heretofore acquired for the expansion of the Brooklyn Navy Yard, in order to permit the city of New York to widen Kent Avenue adjacent to the navy yard.

In connection with the expansion of the Brooklyn Navy Yard, land belonging to the city of New York was taken by the Government and a part of Washington Avenue was closed. Washington Avenue was a busy thoroughfare and, because of the closing of part of it, the city deems it necessary to widen Kent Avenue. To accomplish this, it is necessary that the subject land be conveyed to the city. The widening of Kent Avenue will be of considerable advantage to the Government in that it will facilitate the movement of streetcar and highway traffic to and from the navy yard and other Government activities in the vicinity. It will also provide means for necessary sewage expansion.

The city of New York has not been compensated for the land taken by the Government in connection with the expansion of the navy yard, and it is contemplated that such compensation will ultimately be fixed by the court or by agreement between the parties, due consideration being given to the value of the land to be conveyed pursuant to the proposed legislation as determined by competent appraisal.

The proposed legislation, if enacted into law, would involve no additional expense to the Government.

The Navy Department recommends that the proposed legislation be enacted. The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of the proposed legislation to the Congress.

Sincerely yours,

О

FRANK KNOX.

78TH CONGRESS 2d Session

}

HOUSE OF REPRESENTATIVES

{

REPORT No. 1208

AMENDING THE PROVISION OF THE ACT AUTHORIZING PAYMENT OF 6 MONTHS' DEATH GRATUITY TO WIDOW, CHILD, OR DEPENDENT RELATIVE OF OFFICERS, ENLISTED MEN, OR NURSES OF THE NAVY OR MARINE CORPS

MARCH 1, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. COLE of New York, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany S. 1428]

The Committee on Naval Affairs, to whom was referred the bill (S. 1428) to amend the provision of the act authorizing payment of 6 months' death gratuity to widow, child, or dependent relative of officers, enlisted men, or nurses of the Navy or Marine Corps, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the bill is to amend the act approved June 4, 1920 (41 Stat. 824), as amended by the act approved May 22, 1928 (45 Stat. 710; 56 Stat. 146), so that the gratuity of 6 months' pay of deceased officers and enlisted men will be payable to certain specified dependents rather than to the estates of dependents who may have died before receiving payment of such gratuity. It would also make a slight change in the order in which dependents are to be considered for the purpose of paying the gratuity.

The act of June 4, 1920, as amended, provides that upon the death of any officer or enlisted man, not the result of his own misconduct, an amount equal to 6 months' pay for such officer or man at the time of his death shall be paid to (1) his widow; (2) if there be no widow, to his child or children; (3) if there be no widow or child, to any other dependent designated by him. In the event there is no wife, child, or other designated beneficiary, the Secretary of the Navy is authorized to pay the sum to certain close relatives shown to have been dependent, in a specified order.

In the case of Campbell, Administrator of Spotswood v. The United States (80 C. Cls. 836), in passing on a law providing for similar payments to beneficiaries of Army officers and enlisted men, the Court of Claims held that where a beneficiary dies subsequent to the

death of the officer or man and prior to receipt of the payment, the right to receive the gratuity passes to the estate of such beneficiary. The Comptroller General on February 2, 1943 (22 Comp. Gen. 736), held that the same rule applies in connection with the gratuity for naval personnel.

As a result of the foregoing decision of the Comptroller General,* where the beneficiary of any deceased naval personnel dies, the gratuity goes to the estate of such beneficiary and becomes subject to his testamentary dispositions and to the payment of his debts. Thus funds provided by Congress for widows, children and other dependent relatives of naval officers and enlisted men may be diverted from their intended purpose and benefit persons not intended by the Congress. The bill would avoid these difficulties referred to above by a provision that in the event of the death of any beneficiary before payment and collection of the gratuity, such gratuity shall be paid to the next living beneficiary in the order of succession specified. The order of succession has been changed from "grandparent, parent, sister or brother" to "grandchild, parent, sister, brother, or grandparent," to be in accord with the order of descent and distribution prevailing under the laws of most States.

A similar amendment was recently made in the law covering the payment of gratuities to beneficiaries of Army personnel (Public Law 198, 78th Cong.). This action is a clear indication of the desires of Congress with respect to the ultimate disposition and distribution of the death gratuity.

The following letter from the Secretary of the Navy addressed to the Speaker of the House of Representatives and transmitted by him. to the Chairman of the Committee on Naval Affairs of the House of Representatives sets forth the views and recommendation of the Navy Department on this bill. This letter is hereby made a part of this report.

Hon. SAM RAYBURN,

Speaker of the House of Representatives.

NAVY DEPARTMENT, Washington, October 8, 1943.

MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill to amend the provision of the act authorizing payment of 6 months' death gratuity to widow, child, or dependent relative of officers, enlisted men, or nurses of the Navy or Marine Corps, and for other purposes.

The purpose of the proposed legislation is to amend the act of June 4, 1920 (41 Stat. 824), as amended by the act of May 22, 1928 (45 Stat. 710), and by the act of March 7, 1942 (56 Stat. 146; 34 U. S. C. Supp. 943), so as to insure that the 6 months' gratuity therein provided is paid to beneficiaries provided for in the law and not to the estates of deceased beneficiaries.

The provision of the act of June 4, 1920, as amended, provides for the payment of an amount equal to 6 months' pay of officers, enlisted men, or nurses of the Navy or Marine Corps to (1) the widow; (2) if there be no widow, to child or children; and (3) if there be no widow or child, to any other dependent relative of such officer, enlisted man, or nurse previously designated by him. The law further provides in cases where there is no surviving widow or child and no designated dependent relative, the Secretary of the Navy shall cause the amount provided to be paid to certain close relatives shown to have been dependent.

In the case of Campbell, Administrator of Spotswood v. The United States (80 C. Cls. 836), the court, interpreting a similar law providing for the payment of a similar gratuity to the beneficiaries of officers and enlisted men of the Army, held that where the beneficiary, subsequent to the death of the person in the Army, dies prior to the payment of the gratuity to such beneficiary, the right of action on a claim for payment of the gratuity passes to the legal representative, who can prosecute it to judgment. The Comptroller General of the United States in a decision rendered to the Secretary of the Navy on February 2, 1943 (22 Comp.

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