APRIL 10 (legislative day, APRIL 8), 1940.—Ordered to be printed Mr. CONNALLY, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 9047] The Committee on the Judiciary, to whom was referred the bill (H. R. 9047) to provide for the transfer of United States prisoners in certain cases, after consideration, report the same to the Senate with the recommendation that it do pass. The bill provides that the Attorney General may, in his discretion, transfer a Federal prisoner from his incarceration to a penal institution in a State which has a criminal indictment or information against him, when requested by the Governor or other executive authority of the State to do so. The necessity for the enactment of this measure arises in the interpretation of the word "fugitive" under extradition laws. It has been gravely doubted, even to the extent that requests for extradition have been refused, that a prisoner taken from one State to another for purposes of incarceration in a Federal institution is a fugitive in the sense that his removal is an involuntary one. The bill would allow a prisoner to be taken to a State where he is wanted so that on his release there he would be subject to the State authorities. The Attorney General has recommended the enactment of the bill. 8. Repts., 76-8, vol. 2- -26 APRIL 10 (legislative day, APRIL 8), 1940.-Ordered to be printed Mr. ADAMS, from the Committee on Public Lands and Surveys, submitted the following REPORT (To accompany S. Res. 241) The Committee on Public Lands and Surveys, to whom was referred the resolution (S. Res. 241) with respect to matters relating to the administration of public lands, having carefully considered the same, report favorably thereon with the following amendment and with the recommendation that the resolution, as amended, do pass: On page 1, line 4, after the ending of the word "investigation" strike out the balance of the line and insert the following: of the purchase, withdrawal, and allocation of lands and the administration and use thereof by or on behalf of the Federal Government or any agency thereof. Strike out all of page 2, and page 3 down to and including line 17. Amend the title. O APRIL 11 (legislative day, APRIL 8), 1940.-ordered to be printed Mr. HUGHES, from the Committee on Claims, submitted the following REPORT [To accompany S. 3093] The Committee on Claims, to whom was referred the bill (S. 3093) for the relief of Addison B. Hampel, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. An identical bill was vetoed by the President on August 9, 1939. Your committee, however, after a careful review of all the facts, is still of the opinion that the claim is meritorious and it is accordingly recommending that the bill do pass. The facts are fully set forth in Senate Report No. 494, Seventy-sixth Congress, first session, which is appended hereto and made a part of this report. [8. Rept. No. 494, 76th Cong., 1st sess.] The Committee on Claims, to whom was referred the bill (S. 555) for the relief of Addison B. Hampel, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: At the end of the bill add the following: ": Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding, $1,000." Under the terms of the bill the Secretary of the Treasury is authorized and directed to pay to Addison B. Hampel, former postmaster at Greenville, Ind., such portion of the sum of $1,429.21 as the Comptroller General finds that the said Addison B. Hampel has paid to the United States on account of the claim of the United States against him arising out of the payment of salary to him as postmaster while he was also employed as a substitute railway postal clerk, and to relieve him from all liability to the United States arising out of payments to him for salaries during the period he was so employed as postmaster and as substitute railway postal clerk. The claimant, Addison B. Hampel, was appointed postmaster of Greenville, Ind. (a fourth-class office), on January 11, 1916. His salary at that time was a little in excess of $300 per annum. Feeling the need of increased compensation he made application for, and took, the railway mail examination, stating that his occupation was that of postmaster. He was appointed substitute railway postal clerk on July 6, 1923, and was sworn in at Cincinnati, Ohio. No objection was raised at that time to his continuing as postmaster at Greenville, Ind. The only admonition was that he respond promptly to all calls to duty in the Railway Mail Service. This he did with credit to himself and satisfaction to the supervisory officials. In the interim the salary of postmaster at Greenville, Ind., had about doubled and was approximately $600 per annum. About March 1, 1931, the Comptroller General rules that the salary of a substitute railway postal clerk is $1,850 and that it was therefore unlawful for Mr. Hampel to continue in the dual positions of postmaster and substitute railway postal clerk, and directed that he should refund to the Post Office Department $1,324.54, being the amount paid to him as postmaster's salary for the previous 25 months. It must be noted, however, that a substitute railway postal clerk's salary is not $1,850, but at the rate of $1,850 for services actually performed. Mr. Hampel immediately submitted his resignation as postmaster, which was not accepted by the Post Office Department until June 8, 1931, and he was therefore ordered to pay an additional $104.86, making a total of $1,429.21 that he would be required to pay. Section 2 of the act of March 1, 1929, authorized credit for payments for dual employments in the Postal Service made prior to March 1, 1929, but does not authorize credits for payments after that date, if otherwise illegal. Under this act Mr. Hampel was relieved of liability from payments made prior to March 1, 1929. The amount of his present indebtedness is only for payments made to himself thereafter. The act of March 1, 1929, provides that "compensation shall be paid to such mail messengers and other employees for such services if the total compensation actually paid for all services does not exceed $2,000 for any one fiscal year." Bearing in mind that Mr. Hampel's salary as substitute railway postal clerk was at the rate of $1,850 per annum (he never earned that much in any one year after 1929), and that after he was relieved of liability under the terms of the act of March 1, 1929, that at no time was his dual salary in excess of $2,000, it seems only fair and just that he be reimbursed the amount he has been compelled to pay back to the Government, and that he be released from all liability with respect to the remainder alleged to be due the Government. It is accordingly recommended that the bill do pass. The following communications are appended hereto and made a part of this report. Hon. JOSIAH W. BAILEY, OFFICE OF THE POSTMASTER GENERAL, MY DEAR SENATOR BAILEY: The receipt is acknowledged of your letter of the 23d ultimo, requesting a report on S. 3776, a bill for the relief of Addison B. Hampel. Mr. Hampel has been postmaster since 1915 at Greenville, Ind., and was still such when he became a substitute railway postal clerk in 1923. Substitute service being irregular, Mr. Hampel managed to continue as postmaster. The facts were reported to the General Accounting Office with the result that Mr. Hampel was ordered to refund $1,429.21, the amount for which relief is proposed in the bill. Conference with the General Accounting Office has developed the fact that the present balance due the United States from Mr. Hampel is $1,174.90. Notices prohibiting persons in the Postal Service from holding more than one position at the same time appeared in the Postal Bulletins of April 11, 1925, September 28, 1928, and March 18, 1929. Sections 29, 187, and 188 of the Postal Laws and Regulations, 1924, the edition then in effect, also relate to the subject. A Railway Mail Service circular letter dated January 1, 1925, advised that employees in the Railway Mail Service must give up other Government positions before commencing in the Railway Mail Service. This circular letter was published in the Ninth Division General Order of January 30, 1925. Such general orders are sent to all clerks and substitutes in the Railway Mail Service. Had Mr. Hampel given up one of the positions when he received the notice through the general orders, the charge which is now against him would have been avoided. Mr. Hampel's name has been within reach for permanent appointment as railway postal clerk since April 21, 1924, but he has steadfastly declined all offers of appointment. The records show that he has declined more than 50 times. It would not seem that Mr. Hampel could plead ignorance of the law regarding dual employment, and in view of this fact and all the circumstances of the case, it is not the view of this Department that the bill should be enacted. Very truly yours, W. W. HOWES, Acting Postmaster General. Hon. JOSIAH W. BAILEY, COMPTROLLER General of THE UNITED STATES, Chairman, Committee on Claims, United States Senate. MY DEAR MR. CHAIRMAN: As of possible aid to you in connection with S. 3776, Seventy-fourth Congress, entitled "A bill for the relief of Addison B. Hampel," pending before your committee, I am transmitting herewith a copy of my report of March 15, 1932, to the Honorable Loring M. Black, chairman, Committee on Claims, House of Representatives, on H. R. 7587, Seventy-second Congress, the provisions of which are identical with those of said S. 3776. For your information, you are advised that for the period from March 1, 1929, to June 8, 1931, Mr. Hampel's compensation as postmaster amounted to $1,430.88. Sincerely yours, Hon. LORING M. BLACK, J. R. MCCARL, Comptroller General of tHE UNITED STATES, Chairman, Committee on Claims, House of Representatives. MY DEAR MR. CHAIRMAN: Reference is had to your letter of March 3, 1932, enclosing a copy of H. R. 7557, Seventy-second Congress, first session, entitled "A bill for the relief of Addison B. Hampel," and requesting all papers or copies of same on file in this office relating to the claim, together with an opinion as to its merits. The bill proposes to authorize the return to Addison B. Hampel, former postmaster at Greenville, Ind., of such portion of the sum of $1,429.41 as may have been refunded by him to the United States in satisfaction of the charge raised against him for that amount, due to the payment to him of salary as postmaster while he was also employed as a substitute railway postal clerk, and to relieve him from all liability to the United States arising out of payment to him for salaries while so employed as postmaster and as substitute railway postal clerk. The facts involved in this case appear to be as follows: Mr. Hampel was appointed postmaster at Greenville, Ind., December 18, 1915, and held that office continuously from that time until June 8, 1931. On July 6, 1923, he was appointed a substitute in the Railway Mail Service. The payments made to him as substitute railway postal clerk to March 31, 1931, were as follows: |