APRIL 15 (legislative day, APRIL 8), 1940.-Ordered to be printed

Mr. SCHWARTZ, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 3288]

The Committee on Military Affairs, to whom was referred the bill (S. 3288) for the relief of William T. J. Ryan, having considered the same, submit the following report thereon with the recommendation that it do pass, amended as follows:

Line 15, after the word "mails", strike out the period, substitute a comma, and add the following

and that the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Beulah E. Ryan, his wife, the sum of $184, in full satisfaction of said claim: 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.

This is a claim for $184, which amount should have been paid by the Government to the family of William T. J. Ryan in the years 1916 and 1917. It represents the family allowance authorized by Congress in the act of August 29, 1916 (39 Stat. L. 649), for the period June 19, 1916, to March 24, 1917.

The delay in authorizing payment is explained in the War Department report which follows:

Hon. MORRIS SHEPPARD,

Chairman, Committee on Military Affairs,

WAR DEPARTMENT, Washington, April 4, 1940.

United States Senate.

DEAR SENATOR SHEPPARD: The bill S. 3288 proposes that in the administration of the act of August 29, 1916 (39 Stat. L. 649), relating to the support of families of certain enlisted personnel, the claim of William T. J. Ryan for Federal support of his wife be considered to have been received in the office of the Depot Quartermaster, Washington, D. C., on or before June 30, 1917.

The act in question provided an allowance for the family of each enlisted man provided that such allowance should not exceed the amount contributed monthly by the enlisted man.

The act of September 8, 1916 (39 Stat. 801), provided that the family allowance should be paid for the time subsequent to June 18, 1916. The act of April 17, 1917 (40 Stat. 11), required that applications for Federal support be in the form prescribed by the Secretary of War and received in the office of the Depot Quartermaster, Washington, D. C., on or before June 30, 1917. In a decision of April 9, 1917 (23 Comp. Dec. 558), the Comptroller of the Treasury held that this relief legislation was effective only to include March 24, 1917.

The records of the War Department show that this soldier made an allotment of $20 per month in favor of his wife, Mrs. Beulah E. Ryan, for the period January 1, 1916, to December 31, 1917, but, as there is no record of the required application for the family allowance having been received, the War Department submitted adverse reports on two previous bills containing provisions similar to those of the pending measure.

After further investigation, correspondence has been found which establishes beyond a reasonable doubt that the soldier's application was in fact forwarded on or about May 20, 1917, and apparently was lost in the mails. In view of the fact that Sergeant Ryan was deprived of the allowance through no fault of his own, the War Department offers no further objection to the enactment of the proposed legislation.

Should the bill become law, it will necessitate an expenditure from the Treasury of $20 per month for the period June 19, 1916, to March 24, 1917, both dates inclusive, a total of $184. S. 3288, as now worded, requires that the application shall be held and considered to have been received on or before June 30, 1917. Since the appropriation for payment of these family allowances has lapsed, it is suggested that the bill be amended so as to afford direct relief in the amount of $184 to Beulah E. Ryan, if living, or to William T. J. Ryan.

Sincerely yours,

LOUIS JOHNSON, Acting Secretary of War.

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76TH CONGRESS 3d Session

SENATE

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REPORT No. 1430

WILMINGTON NATIONAL CEMETERY, N. C.

APRIL 17 (legislative day, APRIL 8), 1940.-Ordered to be printed

Mr. SHEPPARD (for Mr. REYNOLDS), from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 3675]

The Committee on Military Affairs to whom was referred the bill (S. 3675) to authorize the establishment of boundary lines for the Wilmington National Cemetery, N. C., having considered the same, submit the following report thereon, with the recommendation that it do pass.

This measure provides that the Secretary of War be authorized to enter into and execute an agreement with the owners or claimants of adjoining land to fix and establish the location of the boundary lines of the Wilmington National Cemetery, N. C., and if he deems it advisable give to or receive from such owners or claimants appropriate releases, by way of quitclaim deeds or otherwise.

The reasons for the necessity of this proposed legislation are fully set forth in the War Department letter which follows:

Hon. MORRIS SHEPPARD,

WAR DEPARTMENT, Washington, March 22, 1940.

Chairman, Committee on Military Affairs, United States Senate.

DEAR SENATOR SHEPPARD: There is enclosed the draft of a bill to authorize the establishment of boundary lines for the Wilmington National Cemetery, N. C., by means of an exchange of quitclaim deeds with the owners or claimants of adjoining lands.

The lands comprising the Wilmington National Cemetery were acquired by the United States by deed from Isaac D. Ryttenberg dated February 20, 1867, and by deed from William A. Wright and wife dated December 10, 1877. The total amount of lands called for by the two deeds is approximately 5.035 acres. The boundaries of the lands so conveyed have never been accurately determined, and due to the disappearance of natural boundaries called for in one of the deeds it is not now possible to establish the original boundaries. The present wall on the property, constructed by the Government in 1873, was placed partly inside and partly outside the original boundary. The land adjoining the cemetery has been acquired by the city of Wilmington which is using it for street and park purposes up to the cemetery wall. Hence, the wall in places encloses land never acquired by the United States and which is now owned by the city, while in other places the wall excludes land owned by the Government.

The area enclosed within the wall is less than 1 percent smaller than the area called for by the above-mentioned deeds. By letter dated January 3, 1940, the clerk and treasurer of the city of Wilmington stated that the commissioners of the city. by appropriate action, have expressed a willingness to accept the present wall of the cemetery as the proper boundary line of the cemetery and to exchange quitclaim deeds as proposed in the attached draft of bill upon receipt by the Department of the necessary authority from Congress.

Because of the length of time that the cemetery wall has been accepted by the Government and by the city of Wilmington as the physical limits of the cemetery, it is the view of the Department that the necessary legislation to legally establish it as the boundary should be sought from Congress.

The enactment of the enclosed bill into law will not require the authorization of any appropriation of public funds to carry out its provisions.

This proposed legislation was submitted to the Bureau of the Budget, which advises that there is no objection to the submission thereof to the Congress for consideration.

Sincerely yours,

HARRY H. WOODRING.

Secretary of War.

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