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PHILIPPINE HOSTILITIES AFTER JULY 4, 1902, AND

BEFORE JANUARY 1, 1914; ALSO SERVICE ON VESSELS UNDER ARMY DURING SPANISH-AMERICAN WAR

WEDNESDAY, MAY 5, 1948

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON SPANISH WAR VETERANS,
COMMITTEE ON VETERANS' AFFAIRS,

Washington, D. C. The subcommittee met, pursuant to notice, at 10 a. m., Hon. Alvin E. O’Konski (chairman of the subcommittee) presiding,

Mr. O'KONSKI. The hearings are hereby opened on 8. R. 451, a bill introduced by Mr. Hagen, to extend pension benefits under the law reenacted by Public Law 269, Seventy-fourth Congress, August 13, 1935, as now or hereafter amended to certain persons who served 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, after July 4, 1902, and prior to January 1, 1914, and to their unremarried widows, child, or children, and H. R. 886, a bill to extend pension benefits to persons who served on certain vessels operated by the Army during the War with Spain, the Philippine Insurrection, and the China Relief Expedition,

(H. R. 451 and H. R. 886 follow:)

(H. R. 451, 80th Cong., 1st sess.] A BILL To extend pension benefits under the laws reenacted by Public Law 269, Seventy-fourth Congress,

August 13, 1935, as now or hereafter amended to certain persons who served 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, after July 4, 1902, and prior to January 1, 1914, and to their unremarried widows, child, or children

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who served in any unit of the United States military or naval forces while such unit was engaged in hostilities in the Moro Province, including Mindanao, or in the islands of Samar and Leyte, after July 4, 1902, and prior to January 1, 1914, who was honorably discharged from the enlistment in which such service occurred, and the surviving unremarried widow, child, or children of such person shall be entitled to pension under the conditions, and at the rates prescribed by the laws reenacted by Public Law 269, Seventy-fourth Congress, August 13, 1935, as now or hereafter amended.

Sec. 2. This Act shall be effective from date it is approved.

[H, R. 886, 80th Cong., 1st sess.] A BILL To extend pension benefits to persons who served on certain vessels operated by the Army during

the War with Spain, the Philippine Insurrection, and the China Relief Expedition Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act entitled "An Act granting pensions and increase of pensions to certain soldiers, sailors, and nurses of the war with Spain, the Philippine insurrection, or the China relief expedition, and for other purposes”, approved June 2, 1930, as amended (U. S. C., 1940 edition,

1

Supp. V, title 38, sec. 365), is amended by inserting immediately before the period at the end thereof a colon and the following: “And provided further, That the provisions, limitations, and benefits of this section are extended to and shall include any person who served ninety days or more during the war with Spain, the Philippine Insurrection, or the China Relief Expedition, as a member of the crew of any vessel operated under the jurisdiction of the Quartermaster General of the Army for the transportation of troops or military stores, and who was honorably released from ́such service”.

SEC. 2. Section 3 of such Act (U. S. C., 1940 edition, title 38, sec. 365b) is amended by inserting immediately before the period at the end thereof a colon and the following: “And provided further, That the provisions, limitations, and benefits of this section are extended to and shall include any person who served seventy days or more during the War with Spain, the Philippine Insurrection, or the China Relief Expedition, as a member of a crew of any vessel operated under the jurisdiction of the Quartermaster General of the Army for the transportation of troops or military stores, and who was honorably released from such service”.

STATEMENT OF WILLIS HOWARD, ASSISTANT ADMINISTRATOR

FOR CLAIMS, ACCOMPANIED BY J. E. LOGGINS, CHIEF OF THE CLAIMS DIVISION, VETERANS' ADMINISTRATION, WASHINGTON, D. C.

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Mr. HOWARD. My name is Willis Howard, Assistant Administrator for claims, Veterans Administration. I have with me Mr. J. E. Loggins, Chief of the Claims Division. He is responsible for the handling of these cases, and he will be glad to testify and answer any questions you have, Mr. Chairman.

You already have our report.

Mr. O'Konski. Yes. Without objection it is ordered that all of these reports be inserted in the record. (The reports referred to follow:)

VETERANS' ADMINISTRATION,

W’ashington 25, D. C., June 18, 1947. Hon. EDITH NOURSE ROGERS, Chairman, Committee on Veterans' Affairs,

House of Representatives, Washington 25, D. C. Dear Mrs. ROGERS: Further reference is made to your letter of March 11, 1947, requesting a report on H. R. 451, Eightieth Congress, a bill to extend pension benefits under the laws reenacted by Public Law 269, Seventy-fourth Congress, August 13, 1935, as now or hereafter amended to certain persons who served with the United States military or naval forces engaged in hostilities in the Moro Province, including Mindanao, or in the islands of Samar ánd Leyte, after July 4, 1902, and prior to January 1, 1914, and to their unremarried widows, child, or children, which provides:

“That any person who served in any unit of the United States military or naval forces while such unit was engaged in hostilities in the Moro Province, including Mindanao, or in the islands of Samar and Leyte, after. July 4, 1902, and prior to January 1, 1914, who was honorably discharged from the enlistment in which such service occurred, and the surviving unremarried widow, child, or children of such person shall be entitled to pension under the conditions and at the rates prescribed by the laws reenacted by Public Law 269, Seventy-fourth Congress, August 13, 1935, as now or hereafter amended.

"SEC. 2. This Act shall be effective from date it is approved.”

The bill is identical to H. R. 3251, Seventy-ninth Congress, which passed the House of Representatives on June 13, 1945, and was pending before the Committee on Pensions of the Senate when the Seventy-ninth Congress adjourned, sine die.

The purpose of the bill, primarily, is to provide service pensions for a small group of persons, including their unremarried widows and children, who during peacetime service engaged in hostilities in certain areas in the Philippine Archipelago against hostile tribes and outlaws who continued to resist the duly constituted authority in such areas after the official termination of the Philippine Insurrection. These outbreaks extended over the period from July 5, 1902, to January 1, 1914,

Persons comprehended by the bill are eligible under existing law for compensation for service-connected disability or death at peacetime rates, or at wartime. rates if the disability or death resulted from combat or extra hazardous service. The bill is confined to “pensions” and apparently extends no additional relief by way of compensation to those who suffered disability or the dependents of those who died as the result of a service-connected cause, for the reason that under laws administered by the Veterans' Administration monetary benefits for serviceconnected disabilities or deat other than retirement pay, are designated "compensation” and not “pension” pursuant to Public Law 494, Seventy-ninth Congress, approved July 9, 1946.

During the Seventy-eighth Congress, a bill was introduced, H. R. 4099, designed to confer a wartime status on this particular group through the extension of the official ending date of the Philippine Insurrection so as to include 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. This bill, likewise, was primarily designed to provide service pensions for this particular group, through extension of the ending date of the Philippine Insurrection, a benefit heretofore conferred only on war veterans. The bill passed the House of Representatives on March 27, 1944, and the Senate on November 27, 1944, but was returned by the President to the House of Representatives without his approval on December 8, 1944. In his veto message. (H. Doc. No. 804) the President stated:

“This measure would gyant 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.”

While H. R. 451 removes one of the objections made to H. R. 4099, Seventyeighth Congress, in that it does not extend the official ending date of the Philippine Insurrection or confer a wartime status on those affected by the bill who engage in hostilities against hostile tribes in the areas described in the bill, it does confer a special benefit heretofore granted to war-service veterans and their dependents only, to a particular group of peacetime veterans on the basis of the extra hazardous and trying conditions under which they served, to the exclusion of other members of the Regular Establishment who similarly have been called upon, on numerous occasions, to serve under extra hazardous and trying conditions in time.

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, during most if not all of the period in question, were 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 the 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. It is believed, therefore, that the committee will desire to give careful consideration to the far-reaching effects of the proposed legislation.

If enacted the bill would provide non-service-connected benefits for the previously described veterans and their dependents at the prevailing rates, For ready reference the attached table has been prepared which reflects the pension rates for non-service-connected benefits currently payable to the 70- and 90-day group of veterans of the war with Spain, the Philippine Insurrection, and China Relief Expedition and their dependents,

In describing the pensioners to be benefited the bill refers to "unremarried. widows” whereas the laws reenacted by Public Law 269, Seventy-fourth Congress, authorize service pensions for widows and remarried widows whose subsequent

of peace.

marriage or marriages has or have been dissolved either by the death of the husband or divorce on any grounds except adultery on the part of the wife.

If these service-pension benefits are extended to the group covered by the bill, on the basis of extrahazardous campaign service in time of peace, the Congress should be prepared to consider whether demands for other wartime benefits such as hospital and domiciliary care and burial benefits, for the group covered by the bill and requests from other campaign groups for similar benefits might not be encouraged.

It is the view of the Veterans' Administration that the primary responsibility of the Government is to afford relief to veterans suffering from service-connected disabilities and their dependents. This responsibility has been met as to those who suffered disability or death as the result of extrahazardous or combat service during peacetime service by the granting of benefits at wartime rates under such circumstances.

The extent of the Government's responsibility to provide pensions for disability or death in no way attributable to active military or naval service is evidenced by the consistent policy of the Congress since the enactment of the first pension law, to restrict such service pensions to those whò rendered service for a specified period in time of war. The proposed legislation would be a distinct departure from such established policy and would favor one small group to the exclusion of others, thus creating an inequality as to these other groups.

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

the Veterans' Administration is unable to recommend favorable consideration of H. R. 451, Eightieth Congress, 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. Sincerely yours,

OMAR N. BRADLEY,

General, United States Army, Administrator. Pension rates for veterans of the Spanish-American War group and their dependents

Type of benefit affected by H. R. 451, 80th Cong.

Veterans, 90 days' service or more, or

less if discharged for disability incurred in

service in line of duty 1

Veterans, 70 days' service or

more

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A. Veterans' benefits:
Rates for non-service-connected disability:

ko disability.
14 disability.
12 disability.
34 disability

Total disability.
Rate based on age:

Age 62.
Age 65.
Age 68.
Age 72

Age 75.
Rate payable where veteran is blind or helpless or so nearly blind or helpless

as to require regular aid or attendance.
B. Dependents' benefits:
Widow no child or children:

Regardless of age

Wise during service.
Widow with a child or children:

With 1 child
Wife during service with 1 child.

Each additional child
No widow, child or children:

1 child to age 16).
Each additional child (to age 16).
1 child (age 16 or over).
2 children (age 16 or over)
3 children (age 16 or over)
Each additional child (age 16 or over)

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1 $75 rate for total disability and age 65 in 90-day cases provided by act of Mar. 1, 1944 (Public Law 242, 78th Cong.); $100 rate for regular aid and attendance provided by the act of May 24, 1938 (Public No. 541 , 75th Cong.). These rates applicable if service performed between Apr. 21, 1898, and July 4, 1902 (small group of veterans whose pension is based upon 90 days' service in Moro Province between July 5, 1902, and July 15, 1903; currently receive, age 62, $30 per month; age 68, $48 per month; age 72, $60 per month; age 75, $75 per month; regular aid and attendance, $86.40 per month).

2 No provision.

WAR DEPARTMENT,

Washington, July 8, 1947. Hon. Edith NOURSE ROGERS, Chairman, Committee on Veterans Affairs,

House of Representatives. DEAR MRS. ROGERS: The War Department is opposed to the enactment of H. R. 451, Eightieth Congress, a bill to extend pension benefits under the laws reenacted by Public Law 269, Seventy-fourth Congress, August 13, 1935, as now or hereafter amended to certain persons who served 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, after July 4, 1902, and prior to January 1, 1914, and to their unremarried widows, child, or children.

The primary effect of the bill, if enacted, would be to confer a wartime status on a small group of persons who served during peacetime in the United States military or naval forces engaged in hostilities against hostile tribes in the Moro Province, including Mindanao and the islands of Samar and Leyte after July 4, 1902, and prior to January 1, 1914, and thus afford to such persons and their dependents monetary and other benefits of a parity with persons who served in the Spanish-American War, Boxer Rebellion, or the Philippine Insurrection up to July 4, 1902.

It is appropriate to point out that 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 Philippine Insurrection in the Moró 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.

Compensation at wartime rates is 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 area described in the bill during the riod 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 service-connected disability. The bill, therefore, would extend no additional relief to those who suffered disability or the dependents of those who died as the result of the hardships or extrahazardous or trying conditions incident to their service. The principal monetary benefits afforded by the bill are service pensions, and such benefits, consistently, have been confined to war service.

Bills have been introduced in the past designed to confer war-service benefits on those who served in campaigns, expeditions, or occupations in time of peace. During the Seventy-eighth Congress, a bill (H. R. 4099) was introduced which also was primarily designed to provide service pensions for this particular group, through extension of the ending date of the Philippine Insurrection, a benefit heretofore conferred only on war veterans. The bill passed the House of Representatives on March 27, 1944, and the Senate on November 27, 1944, but was returned by the President to the House of Representatives without his approval on December 8, 1944. Again, during the Seventy-ninth Congress, a bill (H. R. 3251), similar to that under consideration, was introduced, which sought to confer a special benefit, heretofore granted to war-service veterans and their dependents only, upon a particular group of peacetime veterans on the basis of the extrahazardous and trying conditions under which they served, to the exclusion of other members of the Regular Establishment who similarly have been called upon, on numerous occasions, to engage in extrahazardous and trying conditions in times of peace. The mentioned bill passed the House on June 13, 1945, was referred to the Senate on June 14, 1945, but no further action was taken with regard thereto.

The War Department believes that the enactment of H. R. 451, Eightieth Congress, would establish a precedent for requests for similar legislation on behalf of other groups who rendered service under equally hazardous and trying conditions in various other campaigns, expeditions, or occupations in which members of the Regular Military or Naval Establishments have served throughout the history of this Nation. In providing pension benefits as heretofore described, it is sound doctrine to adhere to the official beginning and ending dates of wars. To extend the period of the Philippine Insurrections, even by implication, beyond that established in conformity with recognized legal precedents, would constitute

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