and there is hereby authorized to be appropriated a sum not exceeding $80,000 for carrying out the provisions of this act."

There are no existing laws or appropriations authorizing the acquisition of said land.

The land comprises two tracts, one of which contains approximately 485 acres, owned by Charles M. Schoenfeld et al.; and the other, of about 515 acres, is owned by B. F. Schmidt, and the necessity for the legislation to authorize its acquisition is as follows:

The Government was in possession of both of said tracts under lease from the first of the year 1923 to September 30, 1926, and the land was used as a bombing range during said period, the purpose for which it was leased. As a result of the failure of the Government to restore the land to its normal condition, including the removal therefrom of all unexploded bombs and shells, as required by the terms of the leases, both of the owners have filed a claim for damages to their land.

These damage claims received the consideration of two separate boards under the jurisdiction of this department, and said boards are in accord in finding that by reason of the failure of the United States to remove all unexploded bombs and shells prior to relinquishing possession the lands have become unsaleable and their possession undesirable, all to the damage of the owners; that the cost of clearing the lands of the bombs would exceed their fair marketable value if in their normal condition on September 30, 1926; that the restoration of said lands to their normal condition would be impracticable and could not be accomplished without great danger to life or limb; and lastly, that in view of such conditions the lands should be purchased by the United States. Both of the claims filed, however, were found by said boards to be excessive in the amounts of damages claimed, and the result is that satisfactory settlements can not be made with the

owners.

There is now urgent need for additional lands in the vicinity of Kelly Field, Tex., for use in connection with the activities of the Army Air Corps, and the two tracts above mentioned are suitable for such purpose and will be advantageous to the United States.

The estimated cost is $80,000, the amount specified in the draft of bill.

It is the desire of this department to liquidate these claims, and in view of the foregoing I am of the opinion that the only practical and economical solution of the matter is the acquiring of title to the lands involved by purchase or condemnation, and I, therefore, recommend that the proposed legislation be enacted into law.

If any additional information from the War Department is desired, I shall be pleased to furnish it. Should hearings be held upon the proposed legislation. suitable witnesses will be designated to appear.

This proposed legislation has been submitted to the Director of the Bureau of the Budget who advises that it is not in conflict with the financial program of the President.

Sincerely yours,

JAMES W. GOOD, Secretary of War.

At a hearing held by a subcommittee it was determined that Mr. Wurzbach, in whose district the land is located, should introduce a new bill directing the Attorney General to institute condemnation proceedings. It was pointed out at this hearing that at least two persons have been seriously injured by the explosion of unexploded bombs and shells dropped while the land was used as a bombing range from 1923 to 1926. During a further consideration of the subject it was determined that every effort should be made by the Government officials concerned to acquire the land for a sum not exceeding $80,000, and failing in this the Attorney General should institute condemnation proceedings. Accordingly, the bill was amended and reported. Your committee feel that the evidence indicates the land to be in such condition that its only value would be for continued use as a bombing range and in order to protect the interests of the Government and citizens, it should be acquired by the Government. If a suit were filed against the Government in the Court of Claims based

upon the Government's failure to perform its written contract to remove all explosives from said land at the termination of the lease, the claimants would recover about the value of the land. In its present condition the land is practically valueless except to the Government and to the Government only for the limited use of a bombing field. The Government needs this land for a bombing field, and as it can be acquired for a price which is the amount that would probably be recovered as damages by the claimants and as such acquisition by the Government will include any claim for damages, it is manifestly to the advantage of the Government to enact this bill into law.

EDWARD F. MCCARRON

MAY 20, 1930.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

[To accompany H. R. 416]

The Committee on Military Affairs, to whom was referred the bill (H. R. 416) to equalize the basis for longevity pay and retirement of Warrant Officer Edward F. McCarron, United States Army, introduced by Mr. Fitzgerald, having considered the same, report thereon with the recommendation that it do pass with the following amend

ments:

Line 3, add an "s" to the word "officer" and strike out the name "Edward F. McCarron".

Line 7, strike out the word "him" and insert in lieu thereof "them"; also add an "s" to the word "clerk".

Amend the title so as to read:

A bill to equalize the basis for longevity pay and retirement of warrant officers, United States Army.

This bill as introduced allows certain benefits to Edward F. McCarron, a warrant officer in the United States Army. However, upon investigation your committee learned that a very few men, not more than three or four, are in the class of enlisted men who served in the World War as commissioned officers, and by reason of being appointed warrant officers in June, 1921, under the provisions of the act of June 4, 1920, were and are denied certain benefits allowed to those appointed warrant officers under the act of April 27, 1926. Therefore it was determined that rather than pick one of these men for preferential treatment, the bill should be amended to include all

of them.

The Secretary of War in a report on the bill calls attention to this fact. The letter of the Secretary of War is made a part of this report, as follows:

Hon. JOHN M. MORIN,

Chairman Committee on Military Affairs,

WAR DEPARTMENT, Washington, February 16, 1929.

House of Representatives.

DEAR MR. MORIN: I am pleased to comply with your request of January 31, 1929, for report on H. R. 16704.

The subject of the proposed legislation is " A bill to equalize the basis for longevity pay and retirement of Warrant Officer Edward F. McCarron." The applicable provisions of existing law on this subject are as follows:

warrant officers other than those of the Army mine planter service * * shall be entitled to longevity pay and to retirement under the same conditions as commissioned officers (Sec. 4a N. D. A.

*

June 4, 1920.) * * * that hereafter Army field clerks and field clerks, Quartermaster

Corps, now in active service shall have the rank, pay, allowances, retirement privileges and benefits of warrant officers, other than those of the Army mine planter service, and the Secretary of War is hereby authorized and directed to appoint them warrant officers of the Regular Army: Provided, That in determining length of service for longevity pay and retirement they shall be credited with and entitled to count the same military service as now authorized for warrant officers, including service as Army field clerks and field clerks, Quartermaster Corps, and all classified field service rendered as headquarters clerks and clerks of the Quartermaster Corps: * * * (Act of April 27, 1926.)

It will be seen from the foregoing that warrant officers appointed from a fieldclerk status under the act of April 27, 1926, are authorized by the act to count for longevity pay and retirement, in addition to their military service, "all classified field service rendered as headquarters clerks and clerks of the Quartermaster Corps". Warrant officers appointed under the provisions of section 4a, act of June 4, 1920, are not authorized to be similarly credited with like classified service.

I do not favor the passage of the proposed legislation for the following reason: The proposed bill would be in the nature of special, or class legislation, as it would authorize one of the warrant officers appointed under the act of June 4, 1920, to count the same kinds of service for longevity pay and retirement purposes as is authorized to be counted by those appointed under the act of April 27, 1926, whereas there are two or three other warrant officers who are entitled to the benefits of such legislation in exactly the same degree as is Warrant Officer McCarron.

If the bill suggested should be enacted into law it is estimated that the increased cost to the Government per year would be approximately $125 the first year and $90 annually for the next two years, or a total of $305.

If any additional information from the War Department is desired, I shall be pleased to furnish it.

If the Committee on Military Affairs wishes to have hearings on the proposed legislation, Maj. John B. Anderson, General Staff, is designated to appear before your committee.

Sincerely yours,