The purpose of the bill is to accord recognition to certain military operations in the Moro Province, including Mindanao, or in the islands of Samar and Leyte between July 5, 1902, and December 31, 1913, as a continuation of the Philippine Insurrection for the purposes of Public Law No. 2, Seventy-third Congress, March 20, 1933, and the veterans' regulations, as amended, and laws reenacted by Public Law 269, Seventy-fourth Congress, August 13, 1935, as amended. The effect of such proposal would be to confer a wartime status on persons who served with the United States military or naval forces engaged in hostilities with hostile tribes in the Moro Province after the establishment of civil government therein and against the Pulajanes, a band of religious fanatics or outlaws in northern Mindanao or in the islands of Samar and Leyte, thereby extending to such persons the benefits provided by such laws on a parity with veterans of the Spanish-American War, Philippine Insurrection, or Boxer Rebellion.

The Philippine Insurrection was declared to be at an end and peace established in all parts of the Philippine Archipelago except in the territory occupied by the Moro tribes, by the President's proclamation dated July 4, 1902 (32 Stat. 2014). The War Department regards July 15, 1903, as the date of termination of the Philippine Insurrection in the Moro Province which is the date on which Act No. 787 of the Philippine Commission, approved June 1, 1903, took effect, and has held that such military operations as occurred subsequent to the establishment of civil government in the Moro Province on July 15, 1903, should not be regarded as a continuation of the insurrection.

For the purposes of laws reenacted by Public Law 269, Seventy-fourth Congress, the Philippine Insurrection is considered to have commended April 12, 1899, the day following exchange of ratifications of the treaty of peace between the United States and the Kingdom of Spain and proclamation thereof, under which the Philippine Islands were ceded to the United States. For the purposes of Public Law No. 2, Seventy-third Congress, the War with Spain is deemed to have ended upon cessation of hostilities as evidenced by the protocol of agreement between the United States and the Kingdom of Spain embodying the terms agreed upon as a basis for the establishment of peace between the two countries, signed August 12, 1898, and the Philippine Insurrection is deemed to have commenced the day following, or August 13, 1898.

In view of the administrative complications which may arise under the laws reenacted by Public Law 269, Seventy-fourth Congress, as amended, by the reference in the proposed bill to the beginning date of the Philippine Insurrection and the possibility that the rights of some whose eligibility has been established under existing laws may be adversely affected, and should favorable consideration be given the bill notwithstanding this report, the suggestion is made that it be amended by striking the following language, lines 7 and 8, on page 1, and continuing on page 2, line 1, "extended from August 13, 1898, to July 4, 1902, both dates inclusive," and substituting therefor the following: "ended July 4, 1902”. Service with the United States military or naval forces engaged in hostilities in the Moro Province to July 15, 1903, is recognized as service in the Philippine Insurrection under laws administered by the Veterans' Administration and for the purposes of Public Law No. 2, Seventy-third Congress, and the Veterans Regulations, as amended, veterans and the dependents of veterans who meet the requirements thereof are eligible for the benefits provided thereunder on a parity with other war veterans.

Under the laws reenacted by Public Law 269, Seventy-fourth Congress, while service in the Moro Province to July 15, 1903, is also recognized, such service is pensionable service only in cases of veterans, as such laws granting pensions to veterans did not specify the dates of the Spanish-American War, Philippine Insurrection, or Boxer Rebellion, and the ending date of hostilities in the Moro Province as administratively determined is for application. However, the service pension acts reenacted by Public Law 269, Seventy-fourth Congress, granted pensions only to widows and children of veterans who served 90 days during the Spanish-American War, Philippine Insurrection, or Boxer Rebellion, between April 21, 1898, and July 4, 1902, inclusive, and who were honorably discharged therefrom or regardless of length of service were discharged for or died in service of a disability incurred in the service in line of duty. Hence, widows and children of veterans who served between July 5, 1902, and July 15, 1903, in the Moro Province do not enjoy a pensionable status under the laws reenacted by Public Law 269, Seventy-fourth Congress. The proposed legislation would remove this inequality and to that extent the Veterans' Administration is in accord with its provisions.

The military operations in the Moro Province after the establishment of civil government therein, in which United States military or naval forces participated, or in Mindanao or the islands of Samar and Leyte, between July 16, 1903, and December 31, 1913, inclusive, are no different from other campaigns or expeditions in which the military or naval forces of the United States have been engaged throughout the course of the Nation's history, notably, encounters with hostile Puerto Ricans in the year 1905, the Cuban pacification from 1906 to 1909, the Vera Cruz expedition and punitive expedition into Mexico from 1914 to 1917, the occupation of the Dominican Republic from 1916 to 1924, among others. In addition, there were disturbances and uprisings between 1925 and 1939 in which the Navy and Marine Corps participated. Enactment of the proposed legislation would serve as a precedent for demands for similar legislation on behalf of veterans of the Army, Navy, and Marine Corps who served in such other campaigns or occupations, including those veterans of the Army, Navy, and Marine Corps who enlisted after November 11, 1918, and rendered no service in World War I prior to cessation of hostilities. Persons who served on or after April 6, 1917, and before July 2, 1921, had a pensionable status under the World War Veterans' Act, 1924, as amended, but for the purposes of Public Law No. 2, Seventy-third Congress, and the Veterans Regulations, as amended, only those veterans who served between April 6, 1917, and November 11, 1918, except where there was service in the military forces of the United States in Russia prior to April 2, 1920, are considered to have had wartime service. Those who served after November 11, 1918, and prior to July 2, 1921, except with the military forces in Russia, and who had no prior service between April 6, 1917, and November 11, 1918, are deemed to have served during peacetime for the purposes of such law and regulations. Such service could similarly be construed, as was done under the World War Veterans' Act, 1924, as amended, as service during a continuation of World War I.

Under part II of Veterans Regulation No. 1 (a), as amended, the rates of pension for peacetime service are approximately 75 percent of those provided for wartime service. However, provision was made in paragraph I (c), part II of the regulation, for payment of pension at wartime rates if the disability or death resulted from injury received in line of duty in actual combat in a military expedition or military occupation. This provision was intended to place those veterans of the Regular Establishment who suffered disabilities in actual combat during military expeditions or occupations necessitated to quell uprisings or disturbances during time of peace on a parity with war veterans. This paragraph was further liberalized by Public Law 359, Seventy-seventh Congress, December 19, 1941, so as to permit payment of pension at wartime rates to veterans and the dependents of veterans entitled to pension under part II of Veterans Regulation No. 1 (a), as amended, or the general pension law where the disability or death resulted from injury or disease received in line of duty (1) as a direct result of armed conflict, or (2) while engaged in extrahazardous service, including such service under conditions simulating war, or (3) while the United States is engaged in war. Hence, members of the Regular Establishment who served in military or naval campaigns or expeditions other than during a war period as now defined in part I of Veterans Regulation No. 1 (a), and who incurred disabilities under the conditions stated, are entitled to pension at wartime rates, including the dependents of those who died as the result of such disabilities.

The proposed legislation would provide no increase in monetary benefits under Public Law No. 2, Seventy-third Congress, and the Veterans Regulations, as amended, upon those who served in the areas mentioned who are suffering from disabilities incurred in such service as the result of armed conflict, or under extrahazardous conditions, or upon the dependents of those who died as the result of disabilities incurred under such conditions. It would, however, extend the general pension law, as reenacted, so as to provide pensions for veterans who incurred disability in active military or naval service engaged in hostilities in Mindanao and in the islands of Samar and Leyte between July 16, 1903, and December 31, 1913, and to the dependents of veterans who served in the Moro Province, including Mindanao or the islands of Samar and Leyte between July 5, 1902, and December 31, 1913, and who died of service-connected disabilities, and by virtue of Public Law No. 359, Seventy-seventh Congress, supra, since such service would be considered wartime service, the wartime rates would be payable if higher.

Service pensions (service-connected disability not required) have never been authorized except for veterans and the widows and children of veterans who rendered active military or naval service for a specified period in time of war.

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They have rever been authorized on the basis of peacetime service. By extending the period of the Philippine Insurrection so as to cover military operations which occurred after the insurrection was legally terminated and after peace was established in the Moro Province, service persiors would be provided for a limited group of persors, their widows, and children on the basis of certain service now recognized as peacetime service which would be impressed with a wartime status by the terms of the bill. These include service persions under the SpanishAmerican War service persion laws as reeracted by Public Law 269, Seventyfourth Congress, ranging from $20 to $100 per month on the basis of 90 days' service or more with an hororable discharge, or less than 90 days' service if the veteran was discharged for disability incurred in service in line of duty, and at rates ranging from $12 to $50 per month on the basis of 70 days or more but less than 90 days with an honorable discharge, but no discharge for line-of-duty disability, as well as death persions for widows and children of veterans who served 90 days or more, or who, regardless of length of service, were discharged for disability incurred in service in line of duty. The pensions provided in part III, Veterans Regulation No. 1 (a), as amended, at the rate of $40 per month for permanent total disability rot the result of the veterans' own misconduct, or at the rate of not less than $15 per month if the veteran is 50 percent disabled, and is otherwise eligible, would be payable on the basis of 90 days' service with an honorable discharge or less than 90 days if the veteran was discharged for disability incurred in service in line of duty, and to the widows and children of such veterans.

Medical treatment and hospital or domiciliary care for service-connected and ror-service-corrected disabilities, including burial berefits, would be available to veterans who rendered service as set forth in the proposed legislation on a parity with other war veterans, including veterans of World War I and of the war in which we are now ergaged. At present medical treatment and hospital or domiciliary care for service-corrected disabilities and subject to certain limitatiors for non-service-connected disabilities, including burial berefits, are provided for former members of the Army, Navy, Marine Corps, or Coast Guard who were not war veterans when they were discharged for disability incurred in service in line of duty or are in receipt of pension for service-connected disabilities.

It is felt that existing laws are sufficiently liberal and that enactment of the proposed legislation would establish a dangerous precedent not only with respect to demands for similar legislation for others who served in campaigns or expeditions in times of peace, but also for extension of other war dates established in conformity with recognized legal precedents.

There are no records in the Veterans' Administration on which to base an estimate of the cost of the proposed legislation.

For the foregoing reasons, the Veterans' Administration is unable to recommend favorable consideration of H. R. 4099, either in its present form or if amended as suggested above by your committee.

Advice has been received from the Bureau of the Budget that there would be no objection by that office to the submission of this report to your committee.

Very truly yours,

FRANK T. HINES, Administrator.

[H. Doc. No. 804, 78th Cong., 2d sess.]

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES RETURNING WITHOUT HIS APPROVAL THE BILL (H. R. 4099) TO EXTEND THE Period of THE PHILIPPINE INSURRECTION SO AS TO INCLUDE ACTIVE SERVICE WITH THE UNITED STATES MILITARY OR NAVAL FORCES ENGAGED IN HOSTILITIES IN THE MORO PROVINCE, INCLUDING MINDANAO, OR IN THE ISLANDS OF SAMAR AND LEYTE, BETWEEN JULY 5, 1902, AND DECEMBER 31, 1913

To the House of Representatives:

I am returning herewith, without my approval, H. R. 4099, Seventy-eighth Congress, an act to extend the period of the Philippine Insurrection so as to include active service with the United States military or naval forces engaged in hostilities in the Moro Province, including Mindanao, or in the islands of Samar and Leyte, between July 5, 1902, and December 31, 1913.

The effect of the measure is to confer a wartime status on persons who served in the United States military or naval forces engaged in hostilities in the Moro Province, including Mindanao and the islands of Samar and Leyte between July 5,

1902, and December 31, 1913, and thus afford to such persons and their dependents monetary and other benefits on a parity with persons who served in the Spanish-American War, Boxer Rebellion, or the Philippine Insurrection prior to July 5, 1902.

The ending date of the Philippine Insurrection was established by proclamation of the President dated July 4, 1902, except in territory occupied by the Moro tribes, and the War Department regards July 15, 1903, as the date of termination of the Phillipine Insurrection in the Moro Province, which is the date on which Act No. 787 If the Philippine Commission, approved June 1, 1903, took effect, and has held that such military operations as occurred subsequent to the establishment of civil government in the Moro Province on July 15, 1903, should not be regarded as a continuation of the insurrection.

Pensions at wartime rates are now provided for veterans and the dependents of veterans who suffered disability or death as a direct result of armed conflict or under extrahazardous conditions in the areas described in the bill during the period July 16, 1903, to December 31, 1913, and medical treatment and hospital or domiciliary care is also provided for veterans who so served, discharged for disability incurred in line of duty or who are in receipt of pension for serviceconnected disability. afforded by the bill and such benefits, consistently, have been confined to war Service pensions would be the principal monetary benefits

service.

The bill would extend the Philippine Insurrection closing date about 101⁄2 years, from July 5, 1902, to December 31, 1913, thus according recognition to service performed throughout this period as wartime service upon the basis of intermittent military operations or campaigns in the Moro Province and other parts of the Philippine Archipelago against forces hostile to the organized government, which engagements are comparable to other campaigns or expeditions in which the military or naval forces have participated in times of peace.

This measure would grant special benefits to a particular group and exclude other members of the Regular Military and Naval Establishments who similarly have been called upon, on numerous occasions, to engage in similar military operations in times of peace. I believe that it is sound in principle to abide by the official beginning and ending dates of wars in providing benefits, heretofore described, and feel that extension of the period of the Philippine Insurrection, beyond that established in conformity with recognized legal precedents, would constitute sufficient deviation from that principle to invite further exceptions for additional groups with service in military occupations, expeditions, or campaigns other than during a period of war.

DECEMBER 8, 1944.

H. R. 4099.

FRANKLIN D. ROOSEVELT.

SEVENTY-EIGHTH CONGRESS OF THE UNITED STATES OF AMERICA; AT THE SECOND SESSION, BEGUN AND HELD AT THE CITY OF WASHINGTON ON MONDAY, THE TENTH DAY OF JANUARY, ONE THOUSAND NINE HUNDRED AND FO..TY-FOUR AN ACT To extend the period of the Philippine Insurrection so as to include active service with the United States military or naval forces engaged in hostilities in the Moro Province, including Mindanao, or in the islands of Samar and Leyte, between July 5, 1902, and December 31, 1913

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of Public Law Numbered 2, Seventy-third Congress, March 20, 1933, and Veterans Regulations, as amended, or laws reenacted by Public Law Numbered 269, Seventy-fourth Congress, August 13, 1935, as amended, the Philippine Insurrection shall be deemed to have ended July 4, 1902: Provided, That where there was active service with the United States military or naval forces engaged in the hostilities in the Moro Province, including Mindanao, or in the islands of Samar and Leyte, the date herein stated shall extend to December 31, 1913.

SAM RAYBURN,

Speaker of the House of Representatives.
H. A. WALLACE,

Vice President of the United States and President of the Senate.

[Endorsement on back of bill:]

I certify that this act originated in the House of Representatives.

SOUTH TRIMELE, Clerk.

The CLERK. Mr. Chairman, the representatives of the War Department, owing to prior engagements, have expressed a desire to be heard first.

Mr. BOYKIN. We will be glad to hear them.

STATEMENT OF COL. ROBERT E. CHANDLER, JUDGE ADVOCATE GENERAL'S DEPARTMENT, MILITARY PERSONNEL DIVISION, ARMY SERVICE FORCES

Colonel CHANDLER. I am Col. Robert E. Chandler, Judge Advocate General's Department, assigned to Military Personnel Division, Army Service Forces.

I am here this morning because the committee has asked us to We feel that so far as the War Department is concerned our views were contained in our written report which was filed with your committee, but they have asked us to come up and present testimony.

As stated in the report from the Secretary of War to the chairman of this committee, the War Department is opposed to the enactment of H. R. 128.

By Act No. 787, which was approved June 1, 1903, and became effective July 15, 1903, the Philippine Commission provided for the establishment of civil government in the Moro Province. The War Department considers that the effective date of Act No. 787, July 15, 1903, consitutes the formal ending date of the insurrection in the Moro Province.

While there was military activity in that Province after July 15, 1903, it was in the nature of policing operations against relatively small bands of outlaws who were defying the civil government which had been set up.

By long-established policy, service pensions (as distinct from pensions for service-connected disability) have been limited to veterans and the dependents of veterans who rendered active service in time of war. The War Department's objection to H. R. 128 rests on the fact that its enactment would open the door to additional departures from that policy and to interminable extensions of wartime status for active service actually performed in times of peace Mr. BOYKIN. That is your statement?

Colonel CHANDLER. Yes, sir.

Mr. BOYKIN. Gentlemen, I have been talking to our clerk of this committee, who has given me some very wonderful information, and I agree with every bit of it, and I believe that we should let him make a statement, because he has been here so long with our chairman, knows it so well, and explained it to me so well. I had to go over to Alexandria, Va., this morning, early. I just came in here 5 minutes ago and read this statement and talked to him a little bit, but he gave me so much information I could not digest it-even pictures, and all that sort of thing. He goes on to tell so many interesting things.

Mr. MCGREGOR. Mr. Chairman, if I may interrupt, do you not believe it would be better for us to discuss this with the Colonel, asking some questions relative to his statement, before we hear from the clerk?

Mr. BOYKIN. Yes.