MARCH 6, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. BROOKS, from the Committee on Military Affairs, submitted the

following

REPORT

[To accompany S. 617]

The Committee on Military Affairs to whom was referred the bill (S. 617) for the relief of Homer C. Chapman, having considered the same, submit the following report thereon, with the recommendation that it do pass:

The records of the War Department show that Homer C. Chapman enlisted in the Army June 9, 1899, at Kansas City, Mo., and was honorably discharged July 20, 1899, a recruit, foot service, white, unassigned Infantry, at Presidio of San Francisco, Calif., having been found by a board of medical officers as unsuited to the service on account of defective mind.

According to the statement of Mr. Chapman, he left Kansas City, Mo., on or about June 9, 1899, for the Presidio of San Francisco, and on his way out there was taken off the train at Ogden, Utah, and placed in a hospital and remained in the hospital for about 10 days to 2 weeks, to the best of his recollection. He admits that he was out of his head, due to his illness, when he first entered the hospital at Ogden, and after he had recuperated to some extent and was able to travel he was sent on to the Presidio in California. He was informed when in the hospital at Ogden that he had mountain fever. When he arrived at the Presidio of San Francisco he was sent to the hospital at that military station for a short time, and while in the hospital was notified that he was to be discharged on account of being unsuited to the service, but the hospital authorities never told him the reason or advised him of the diagnosis of his case, or why he was unsuited to the service.

H. Repts., 78-2, vol. 2-19

The record of the War Department indicates that during his stay in the hospital at Ogden, Utah, and from June 13 to 30, 1899, he was treated for acute melancholy, and while at the Presidio and in the hospital he was treated for bronchitis, acute.

Existing law provides for a service pension to all veterans who served in the military or naval service of the United States during the War with Spain, the Philippine Insurrection, or the China Relief Expedition between the dates of April 21, 1898, and July 4, 1902, and who have been honorably discharged therefrom. However, a service pension is not payable under 70 days' service unless the veteran was discharged for disability incurred in the service in line of duty. Inasmuch as Mr. Chapman served less than 70 days, he is not entitled to a pension, unless the records are changed to show that he was discharged for disability incurred in the service in line of duty. It is quite evident that the Army officials who considered the matter of discharging Mr. Chapman did not go very carefully into his case. It is also quite evident that Mr. Chapman was sick at the time of his discharge and naturally could not perform the duties required of him as a soldier. Had he been retained in the service there is no doubt that he would have fully recovered from his illness. For the military authorities to say that Mr. Chapman was of defective mind at that time was prematurely stated, as is borne out by his actions in civil life in the years that followed his discharge from the Army.

In February 1904, Mr. Chapman entered the service of the Chicago, Burlington & Quincy Railroad Co. as a fireman, at Book Field, Mo. In 1909 he was sent to Sheridan, Wyo., in the employ of the Burlington Railroad on the Sheridan division in the capacity of fireman, and continued in the railway service until July 1936, when he was retired. During his employment by the railroad he was promoted to the position of locomotive engineer in October 1913, and held position of road foreman of engines from August 1919 to March 1920. He also held an office in the Brotherhood of Locomotive Firemen and Enginemen from January 1911 until December 31, 1936. He was chairman of the Wyoming State Legislative Board of the Brotherhood of Locomotive Firemen and Enginemen from July 1928 to July 1936, when he was compelled to give up this position on account of his physical condition. In 1923 he was a member of the Wyoming State Legislature, in the house of representatives, from Sheridan County.

The committee has given careful consideration to this case and cannot reconcile the findings of the Army officials that Mr. Chapman had a defective mind, in view of the positions he held with the Chicago, Burlington & Quincy Railroad after his discharge from the Army. A man serving in the capacity as fireman or engineer for a railroad is under the closest supervision and is obliged to pass rigid examinations, and should any unusual mental or physical condition arise, he is immediately called before the chief surgeon for examination and is relieved from duty. This did not happen.

The committee felt that the Army diagnosis was a clear error.

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War Department report follows:

Hon. ROBERT R. REYNOLDS,

WAR DEPARTMENT, July 28, 1941.

Chairman, Committee on Military Affairs,

United States Senate.

DEAR SENATOR REYNOLDS: The War Department is opposed to the enactment of S. 1688, Seventy-seventh Congress, a bill to provide that in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged soldiers, Homer C. Chapman, recruit, Infantry, unassigned, shall hereafter be held and considered to have been honorably discharged from the military service of the United States for disability incurred in the service in line of duty.

An examination of the statement of service, prepared in the office of The Adjutant General from the official records, reveals that Homer C. Chapman enlisted June 9, 1899, at Kansas City, and was honorably discharged July 20, 1899, a recruit, unassigned, Infantry, at Presidio of San Francisco, having been found by a board of medical officers as unsuited to the service, on account of defective mind. It may also be noted in that statement that the General Accounting Office has record of payment of an account for medical attendance furnished Private Chapman, who received treatment at the Ogden General Hospital for acute melancholia during 18 days, from June 13 to 30, 1899. His entire enlistment period was less than 12 months, including 26 days of hospital treatment. The report of the medical board in his case at post hospital, Presidio of San Francisco, dated July 11, 1899, states as follows: "The board for the physical examination of recruits reports the following names of men unfit for duty from causes set opposite to their names, all such causes originating prior to enlistment, and recommend that they be discharged: * * Homer C. Chapman, unassigned, defective mind. No record evidence has been found on file in the War Department showing that the soldier was treated for disability incurred in the service and in line of duty other than for bronchitis, acute, shown in the report of The Adjutant General.

* *

*

Homer C. Chapman, examined by a civilian at the time of enlistment, was one of a large number of recruits examined by boards of medical officers of the Army upon arrival at the Presidio of San Francisco prior to assignment. In accordance with instructions from the War Department these recruits were discharged when found unsuited to the service. Insofar as the War Department is able to ascertain, no injustice was done this man by his discharge under honorable conditions, as unsuited to the service, and no merit is found in the claim for special legislation in his case. Moreover, the Department does not believe that an individual should be placed in a position to obtain benefits to which he is not entitled under the general laws unless it is clearly shown that the facts and circumstances surrounding his case are exceptional and justify special consideration.

In view of the foregoing, the War Department recommends that S. 1688 be not favorably considered.

MARCH 7, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. JENNINGS, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 1962]

The Committee on Claims, to whom was referred the bill (H. R. 1962) for the relief of Daniel D. O'Connell and Almon B. Stewart, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

page 1, line 7, after the word "respectively" strike out period and insert comma, and then strike out the words "Payment of such sums shall be".

The purpose of the proposed legislation is to pay to Daniel D. O'Connell and Almon B. Stewart, both of Bangor, Maine, the sums of $544.16 and $1,732.22, respectively, in full satisfaction of all claims against the United States for damages sustained by them by failure of George E. Glunt, of Altoona, Pa., to pay them for labor and materials furnished as subcontractors under said George E. Glunt, who held a contract with the Civil Aeronautics Administration for the construction of an airways communication station building at Bangor, Maine.

STATEMENT OF FACTS

The first regional office of the Civil Aeronautics Administration located at LaGuardia Field, Long Island, N. Y., contracted with George E. Glunt, successful bidder, under Invitation No. 1-41-357 for the erection of a 16- by 24-foot prefabricated steel frame watchhouse building furnished by the Government at Bangor, Maine. The estimated cost of the work was $1,688.

After the Government acceptance of the lease, Mr. Glunt, the contractor, was issued the usual notice to proceed with the work commencing September 22, 1941, and was required to complete the job under the terms of the contract within 60 days, or by November 21, 1941. Mr. Glunt sublet the contract to two subcontractors.