educational and vocational training, administrative organization, and probation and parole. With due regard to the social and economic conditions in the respective States and to the magnitude and special characteristics of the penal population, each report has embodied with this factual material a carefully considered program of legislative and administrative action needed and the reasons therefor.

These reports have, therefore, given the respective Governors, their legislatures, and civic leaders a comprehensive, impartial analysis of their present penal systems, together with constructive proposals for improvement and the necessary supporting arguments for legislative action. In consequence, a number of the States named have been able to carry out extensive and long-needed reorganizations of their penal systems. The value of the Prison Industries Reorganization Administration in these cases is amply attested by many grateful letters from Governors and other State officials and leaders which are on file with the committee.

This is the only agency, public or private, which has been in position to offer such services to the States. There are still a number of States where such studies would be extremely helpful, and there is a constant need for further consultation with the authorities of those States already studied. Moreover, there are a number of projects connected with prisons under way or pending in the Public Works Administration, Work Projects Administration, and the Office of Education. The Prison Industries Reorganization Administration is in position to be of great assistance in making these projects more valuable to the States.

By requiring invitations in advance and by offering its recommendations on a take-it-or-leave-it basis, the agency has completely avoided any suggestion of Federal interference with State activities and has established itself as a cordial and welcome friend of the State authorities.

The cost is insignificant in comparision with the regular appropriations of fully $25,000,000 for crime-control activities.

STATEMENT ON LA FOLLETTE AMENDMENT TO SENATE BILL 2303

The effect of this amendment would be to disqualify all members of the original Prison Industries Reorganization Board, under whose direction the policies of the organization have been developed.

Moreover, it would put the direction of the agency entirely in the hands of prison men, overlooking the fact that organized labor, private industry, and the public all have vital interests at stake in dealing with prison problems. The function of the agency is, indeed, much more to consider penal problems from all these varying standpoints than merely from the prison administrator's standpoint. The success of its work rests on its ability to win the confidence of these various interests, which in the past have often differed violently in their attitudes toward prison questions. To put the agency entirely into the hands of prison men would obviously compromise its broad and impartial character.

Finally, the organization is already subject to the terms of the Reorganization Act of 1939, and the President will undoubtedly give due consideration to the question of where and in what form it can function most effectively.

Hon. HENRY F. ASHURST,

Chairman, Committee on the Judiciary,

United States Senate, Washington, D. C.

JULY 7, 1939.

MY DEAR SENATOR: This acknowledges your request for my views concerning a bill (S. 2303) to authorize the continuance of the Prison Industries Reorganization Administration.

The bill under consideration proposes to continue the duties and functions of the Prison Industries Reorganization Administration until June 30, 1941. The Administration was established by an Executive order on September 26, 1935. The Administration has made a number of surveys into various matters relating to prison management, probation, and parole, and prison employment in about 30 States. These surveys have been helpful in improving the undesirable conditions existing in many places.

In view of the foregoing considerations, I find no objection to the enactment of the bill.

76TH CONGRESS 3d Session

SENATE

{

REPORT No. 1349

J. H. WOOTTON

MARCH 28 (legislative day, MARCH 4), 1940.-Ordered to be printed

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

REPORT

[To accompany S. 993]

The Committee on Claims, to whom was referred the bill (S. 993) for the relief of J. H. Wootton, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendments:

On page 2, line 5, strike out the figures "$97.06" and insert in lieu thereof "$21.14".

On page 2, line 6, strike out the colon after the name "Wootton" and insert a period.

On page 2, line 6, beginning with the word "Provided" strike out the remainder of the bill and insert in lieu thereof the following:

SEC. 3. Any amount so found due the claimant pursuant to this Act may be applied in satisfaction of any income-tax indebtedness outstanding and unpaid at that time.

This bill authorizes and directs the Comptroller General to settle. and adjust the claims of J. H. Wootton against the United States and the United States against J. H. Wootton, involving mileage for use of Wootton's personally owned automobile for transportation from Washington, D. C., to San Francisco, Calif., in 1934, and the return trip in 1935, upon the basis of estimated rail cost for Wootton's personal transportation and without regard to section 209 of the act of June 30, 1932 (47 Stat. 405). Section 2 would appropriate $97.06, or so much thereof as may be necessary to pay the amount found due J. H. Wootton, and provides any such amount found due under this bill may be applied in satisfaction of any income-tax indebtedness outstanding and unpaid at that time.

In December 1934 claimant was employed by the National Recovery Administration in Washington, D. C., as field representative. In December he was ordered transferred from Washington to San Francisco, Calif., and was given travel authorization for transportation in his own automobile at 5 cents a mile. The authorization S. Repts., 76-3, vol. 2

stated it had been administratively determined travel by automobile was to the advantage of the Government and more economical.

Claimant left Washington December 15 and on December 21 arrived in Salt Lake City, Utah, where he worked in connection with the State National Recovery Administration office until December 28. After arriving in San Francisco December 30, he sent voucher for $274.35 for reimbursement of travel expenses to Washington. The clerk who prepared the voucher, without claimant's knowledge and consent, stated on it that "none of the above travel was in the city and county of San Francisco. Auto travel was made in order to

have car at new official station at San Francisco."

The General Accounting Office disallowed all of the $247.35 except $53.75, the amount of per diem to which claimant would have been entitled had he traveled by train.

In May 1935 claimant was officially transferred from San Francisco, Calif., to the New York State N. R. A. office. His travel authorization, similar to the one for travel to San Francisco, stated:

You are authorized to travel by personally owned automobile on a mileage basis; reimbursement to be made at the rate of 5 cents per mile. It has been administratively determined that this form of travel, by automobile, is to the advantage of the Government and more economical.

The authorization was signed by the administrative assistant and chief clerk of N. R. A. Claimant left San Francisco May 21, 1935, and arrived in Washington, D. C., June 8, following. He submitted a similar travel voucher for $150.80 which, together with claim for per diem, was allowed and paid in June 1935. Subsequently the voucher was reviewed in the General Accounting Office and the $150.80 previously allowed and paid was disallowed. The Comptroller General credited claimant with $16.25 for 3 days per diem, leaving a net charge against claimant of $134.65.

The Acting Comptroller General concludes the amounts proposed for allowance are to effect transfer of claimant's automobile from Washington to San Francisco and return, in contravention of the provisions of the act of June 30, 1932 (47 Stat. 405). It is, therefore, the view of the General Accounting Office that there is no merit in the bill. The law above referred to provides:

Hereafter, no law or regulation authorizing or permitting the transportation at Government expense of the effects of officers, employees, or other persons, shall be construed or applied as including or authorizing the transportation of an automobile.

Hence it is the Comptroller General's view the claimant's travel to California in his automobile constituted transportation of the automobile as a part of his effects.

The act of February 14, 1931 (46 Stat. 1103, U. S. C., title 5, sec. 73a), as amended, provides:

A civilian officer or employee engaged in necessary travel on official business away from his designated post of duty may be paid, in lieu of actual expenses of transportation, under regulations to be prescribed by the President, not to exceed 2 cents per mile for the use of his own automobile for such transportation, whenever such mode of travel has been previously authorized and payment on such mileage basis is more economical and advantageous to the United States.

It is clear in this connection claimant's travel by automobile was previously authorized. As to whether such travel was more economical and advantageous to the United States, the Administrator of the N. R. A. states in letter of October 8 to the Comptroller General:

In setting up the ninth regional office, with headquarters in San Francisco, it was necessary to send there as administrative assistant and to do field work in the region, a man with considerable experience at inspecting and reorganizing our State offices. Accordingly, Mr. J. H. Wootton, who had been our field representative in the East, was appointed to fill that position and was directed by me to proceed to San Francisco by way of Salt Lake City where he was required to do his first work in the region. In order to accomplish the required results in several of the States in that region it was necessary for Mr. Wootton to have an automobile. He was, therefore, directed by me, solely in the interest of the Government, to take his car with him to his new station in San Francisco.

In letter of the same date to the Comptroller General claimant himself said:

The duties which were required of me in the ninth region, with headquarters in San Francisco, made it necessary for me to travel in various States in the region for the purpose of attending to code-compliance matters, reorganization of offices, etc., and necessitated the use of an automobile. There was never any desire on my part to take my car for my own convenience.

To simplify settlement of the amount to him claimant bas indicated his willingness to accept the equal of rail transportation between the points involved.

The Acting Comptroller General in reporting on this bill indicates rail-transportation rate properly allowed claimant for the trip from Washington, D. C., to San Francisco is $112.75, and for the return trip $118.97. On the Comptroller General's charge of $134.65 against claimant, there have been collected and applied payments totaling $90.06. Thus credits in favor of claimant total $321.77 ($112.74 plus $118.97 plus $90.06).

As against this credit to claimant the Government paid claimant $134.65, the sum initially allowed on claimant's return-trip voucher. The Comptroller General reports claimant is indebted to the United States for income taxes of $62.96 for 1932 and $30.70 for 1933, plus interest, which to February 29, 1940, amounts to $72.32. Government's account against claimant for income taxes is $165.98 ($62.95 plus $30.70 plus $72.72), which together with $134.65 paid claimant makes Government's total account against claimant $300.63.

Claimant's account against the Government of $321.77, less Government's account against the claimant of $300.63, leaves a balance in favor of claimant of $21.14.

As amended, your committee recommend the passage of the bill. The facts are fully set forth in the following communications, which are appended hereto and made a part of this report.

COMPTROLLER GENERAL OF THE UNITED STATES,
Washington, March 5, 1940.

Hon. EDWARD R. BURKE,
Chairman, Committee on Claims, United States Senate.

MY DEAR MR. CHAIRMAN: Reference is had to your letter of January 26, 1940, acknowledged January 27, enclosing copies of S. 993, Seventy-sixth Congress, first session, entitled "A bill for the relief of J. H. Wootton," and requesting all papers and copies of the same on file in this office relative to the matter, together with an opinion as to its merits. The bill provides:

"That the Comptroller General of the United States be, and he is hereby, authorized and directed to settle and adjust the claim of J. H. Wootton against the United States and the claim of the United States against J. H. Wootton involving mileage for the use of his personally owned automobile for transportation from Washington, District of Columbia, to San Francisco, California, in 1934, and the return trip in 1935, upon the basis of the estimated cost by rail for the personal transportation of Mr. Wootton and without regard to section 209 of the Act of June 30, 1932 (47 Stat. 405).