TO AMEND SECTION 16 OF THE RADIO ACT OF 1927 MAY 27, 1930.-Referred to the House Calendar and ordered to be printed Mr. LEHLBACH, from the Committee on the Merchant Marine and Fisheries, submitted the following REPORT [To accompany H. R. 12599] The Committee on the Merchant Marine and Fisheries, to whom was referred the bill (H. R. 12599) to amend section 16 of the radio act of 1927, having considered the same, do report the bill back to the House with the recommendation that the bill do pass. In compliance with the rules of the House there follow the present law and the proposed amendment. The matter inclosed in brackets represents that to be stricken out and the matter printed in italics represents the new matter to be inserted: [SEC. 16. Any applicant for a construction permit, for a station license, or for the renewal or modification of an existing station license whose application is refused by the licensing authority shall have the right to appeal from said decision to the Court of Appeals of the District of Columbia; and any licensee whose license is revoked by the commission shall have the right to appeal from such decision of revocation to said Court of Appeals of the District of Columbia or to the district court of the United States in which the apparatus licensed is operated, by filing with said court, within twenty days after the decision complained of is effective, notice in writing of said appeal and of the reasons therefor. The licensing authority from whose decision an appeal is taken shall be notified of said appeal by service upon it, prior to the filing thereof, of a certified copy of said appeal and of the reasons therefor. Within twenty days after the filing of said appeal the licensing authority shall file with the court the originals or certified copies of all papers and evidence presented to it upon the original application for a permit or license or in the hearing upon said order of revocation, and also a like copy of its decision thereon and a full statement in writing of the facts and the grounds for its decision as found and given by it. Within twenty days after the filing of said statement by the licensing authority either party may give notice to the court of his desire to adduce additional evidence. Said notice shall be in the form of a verified petition stating the nature and character of said additional evidence, and the court may thereupon order such evidence to be taken in such manner and upon such terms and conditions as it may deem proper. At the earliest convenient time the court shall hear, review, and determine the appeal upon said record and evidence, and may alter or revise the decision appealed from and enter such judgment as to it may seem just. The revision by the court shall be confined to the points set forth in the reasons of appeal.] ́ SEC. 16. (a) An appeal may be taken, in the manner hereinafter provided, from ecisions of the commission to the Court of Appeals of the District of Columbia in any of the following cases: (1) By any applicant for a station license, or for renewal of an existing station license, or for modification of an existing station license, whose application is refused by the commission. (2) By any licensee whose license is revoked, modified, or suspended by the commission. (3) By any other person, firm, or corporation aggrieved or whose interests are adversely affected by any decision of the commission granting or refusing any such application or by any decision of the commission revoking, modifying, or suspending an existing station license. Such appeal shall be taken by filing with said court within twenty days after the decision complained of is effective, notice in writing of said appeal and a statement of the reasons therefor, together with proof of service of a true copy of said notice and statement upon the commission. Unless a later date is specified by the commission as part of its decision, the decision complained of shall be considered to be effective as of the date on which public announcement of the decision is made at the office of the commission in the city of Washington. (b) The commission shall thereupon immediately, and in any event not later than five days from the date of such service upon it, mail or otherwise deliver a copy of said notice of appeal to each person, firm, or corporation shown by the records of the commission to be interested in such appeal and to have a right to intervene therein under the provisions of this section, and shall at all times thereafter permit any such person, firm, or corporation to inspect and make copies of the appellant's statement of reasons for said appeal at the office of the commission in the city of Washington. Within thirty days after the filing of said appeal the commission shall file with the court the originals or certified copies of all papers and evidence presented to it upon the application involved or upon its order revoking, modifying, or suspending a license, and also a like copy of its decision thereon, and shall within thirty days thereafter file a full statement in writing of the facts and grounds for its decision as found and given by it, and a list of all interested persons, firms, or corporations to whom it has mailed or otherwise delivered a copy of said notice of appeal. (c) Within thirty days after the filing of said appeal any interested person, firm, or corporation may intervene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to intervene and a verified statement showing the nature of the interest of such party, together with proof of service of true copies of said notice and statement, both upon appellant and upon the commission. Any person, firm, or corporation who would be aggrieved or whose interests would be adversely affected by a reversal or modification of the decision of the commission complained of shall be considered an interested party. (d) At the earliest convenient time the court shall hear and determine the appeal upon the record before it, and shall have power, upon such record, to enter a judgment affirming or reversing the decision of the commission, and, in event the court shall render a decision and enter an order reversing the decision of the commission, it shall remand the case to the commission to carry out the judgment of the court: Provided, however, That the review by the court shall be limited to questions of law and that findings of fact by the commission, if supported by substantial evidence, shall be conclusive unless it shall clearly appear that the findings of the commission are arbitrary or capricious. The court's judgment shall be final, subject, however, to review by the Supreme Court of the United States upon writ of certiorari on petition therefor under section 347 of title 28 of the Judicial Code by appellant, by the commission, or by any interested party intervening in the appeal. (e) The court may, in its discretion, enter judgment for costs in favor of or against an appellant, and/or other interested parties intervening in said appeal, but not against the commission, depending upon the nature of the issues involved upon said appeal and the outcome thereof. The purpose of the amendment is to clarify the procedure on appeal to the court from decisions of the Federal Radio Commission, to more clearly define the scope of the subject matter of such appeals, and to insure a review of the decision of the Court of Appeals of the District of Columbia by the Supreme Court. This amendment was part of H. R. 11635, which unanimously passed in the House on April 30, 1930. Because of the urgent need of this legislation and the probability that consideration of H. R. 11635 will not be reached in the Senate, the amendment is offered as a separate bill. ESTABLISH A BRANCH HOME OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AT OR NEAR ROSEBURG, OREG. MAY 27, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. RANSLEY, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 9638) The Committee on Military Affairs, to whom was referred the bill (H. R. 9638) to establish a branch home of the National Home for Disabled Volunteer Soldiers at or near Roseburg, Oreg., introduced by Mr. Hawley, having considered the same, report thereon with the recommendation that it do pass with the following amendments: Line 5, strike out "purchase, condemnation, or otherwise," and insert in lieu thereof "donation". Line 6, strike out "at or near Roseburg, Oregon" and insert in lieu thereof "located in one of the Northwest Pacific States". Line 12, after the word "of" strike out the "$" and insert in lieu thereof "not to exceed $2,000,000". Amend the title so as to read: To establish a branch home of the National Home for Disabled Volunteer Soldiers in one of the Northwest Pacific States. The National Home for Disabled Volunteer Soldiers consists of the National Military Home near Dayton, Ohio, and 10 branches located as follows: Pacific Branch, Soldiers' Home, near Santa Monica, Calif. Western Branch, National Military Home, near Leavenworth, Kans. Northwestern Branch, National Home, near Milwaukee, Wis. Marion Branch, National Military Home, near Marion, Ind. Mountain Branch, National Sanitarium, near Johnson City, Tenn. Eastern Branch, National Soldiers' Home, near Augusta, Me. Southern Branch, National Soldiers' Home, near Hampton, Va. By reference to a map on which are indicated the locations of these soldiers' homes, it will be noted that in all the district from Los Angeles, Calif., to the Canadian line and from the Pacific to the eastern edge of Wyoming and Montana, there is no national soldiers' home. General Wood in commenting on the establishment of a home in this area has stated: The Board of Managers, two or three years ago, after studying the increasing curve of membership in the home, came to the conclusion that after extending the facilities at present homes as far as practicable, several additional homes would be required, and one of them was to be located in the Pacific Northwest. This was the recommendation made by the board at the September, 1928, meeting, and, of course, a home in either Oregon or Washington would meet this recommendation of the board. The board is of the opinion that a branch home to be economically managed should have a capacity of 1,500 to 2,000 men and not 500, as suggested in your letter. Our smallest home to-day is the Eastern Branch at Togus, Me., where we have facilities for many more than come there, but our other homes, with the exception of the small one at Battle Mountain Sanitarium, Hot Springs, S. Dak., have a capacity of from 1,500 to 3,500 men. If I were planning a home in the Pacific Northwest with the heavily growing population you have and the demand as we see it for soldiers' homes in the next 10 or 15 years, I would plan for at least 1,500 men. This would include a hospital, with capacity of, say, 250 to 300 beds, for we find that in the neighborhood of 25 per cent of our population will be in and out of the hospital, and barracks, with capacity of 1,200 men; say four barracks, the type of those recently built in California, each with a capacity of 300 men; in addition to this a headquarters building, a general mess, quartermaster's storehouse, a central power plant, for we have found it more economical and much more safe, as far as fire hazard is concerned, to have a central power station; in most of the homes we have connected with the boiler-house generating machines, with which electric power and light is generated. This will give you a fair idea of what the board feels any new home established should have. It is hard to estimate the cost but I should say between $2,000,000 and $2,500,000 would about fill the bill. During the last winter we have turned away over 1,500 men from Sawtelle in southern California. Additional barracks are now being constructed which will take care of part of the demand, but when three years have passed, the time it would take to get authorization for construction, appropriation, and construction completed, you will find the demand on the Pacific coast will require the facilities as set forth in this letter. Very sincerely, GEORGE H. WOOD, President Board of Managers, National Home for Disabled Volunteer Soldiers. General Hines, the Director of the United States Veterans' Bureau, was also asked for his views on this subject, and he has written as follows: This will acknowledge receipt of your letter of April 25, 1930, concerning the bill introduced by you for the establishment of a National Soldiers' Home at Roseburg, Oreg. The bureau upon considering the location of the existing National Homes for Disabled Volunteer Soldiers, believes that a branch thereof located in the Northwest would best serve the States of Oregon, Washington, and Idaho. It develops that the military population of these three States during the World War was approximately three per cent of the total for the entire country. The 11 branches of the National Home for Disabled Volunteer Soldiers on March 31, 1930, had 21,216 members actually present. Accordingly, if there is applied to the present membership the percentage of World War veterans furnished by the above mentioned States, there would result an estimated load of approximately 630 cases from the area in which you are interested. The potential future membership of the same section, based upon the expected increased load of the Soldiers Homes, according to their own estimates for the entire country, would in 1936 total over 900 cases, and in 1941 approximately, 1,350. Your interest in this matter is appreciated. Very truly yours, FRANK T. HINES, Director. Gen. George H. Wood, president of the Board of Managers, has stated to your committee several times during the past session that it is the opinion of the board that additional branch homes should be arranged for at this time. The demand for domiciliary care of veterans is increasing each year. On January 31, 1930, there were present at the various branch homes a total of 21,595 persons. The average increase in this demand has been greater than 10 per cent per annum, but averaging the increase at 10 per cent there will be. required in 1935 facilities for 34,500 persons and in 20 years it is estimated 50,000 persons will be applying for such care. Äs General Wood pointed out there is no duplication of Veterans' Bureau hospitalization activities in this connection. A soldiers' home is not a hospital. It is for the domiciliary care of veterans. Your committee has amended this bill to provide for the donation of a site in one of the Northwest Pacific States. However, the author of the bill, Mr. Hawley, states that at Roseburg, Oreg., there is a State home situated on about 40 acres of good land with adjoining land that can be acquired. He advised your committee that if this legislation is adopted he has information from the leaders of both the State Senate and House of Representatives of Oregon that the State legislature will turn over this property without cost to the Government. However, your committee deemed it wise to authorize the Board of Managers to go into the subject fully and determine after full consideration just what point in that area should be selected. A full hearing was held by your committee on the subject, and in view of the increased needs as outlined therein, it is urged that action should be taken during this Congress that will insure proper care for veterans as the need arises. The letters of the Secretary of War and the president of the Board of Managers are as follows: Hon. W. FRANK JAMES, MAY 9, 1930. Chairman Committee on Military Affairs, House of Representatives. DEAR MR. JAMES: With further reference to your request of February 8 for a report on H. R. 9638, Seventy-first Congress, second session, to establish a branch home of the National Home for Disabled Volunteer Soldiers at or near Roseburg, Oreg., there is inclosed a copy of a report from Gen. George H. Wood, president of the Board of Managers of the Home, relative to Senate bill 2368, which is identical in its terms with H. R. 9638. This report was transmitted to the chairman of the Committee on Military Affairs of the Senate on March 3, 1930, with the statement that in view of the pending bill (H. R. 6141) to authorize the President to consolidate and coordinate governmental activities affecting war veterans, the department was unable to recommend the passage of S. 2368. H. R. 10630 for this purpose has passed the House. Sincerely yours, To the SECRETARY OF WAR, F. TRUBEE DAVISON, NATIONAL MILITARY HOME, War Department, Washington, D. C. In conformity with your indorsement of February 8, letter of the Budget officer of February 21, and letter of the Director of the Budget of February 20, 1930, these papers are returned to you to be forwarded to the Senate Committee on Military Affairs with the following report: The Board of Managers of the National Home for Disabled Volunteer Soldiers, at the September, 1928, meeting, made a very careful survey of the increasing demand for soldiers' home service and adopted the following policy: That existing homes should be expanded as far as practicable, considering topography, etc., to a maximum capacity of 4,000 members, but they felt that with the heavily increasing demand for home service this would not meet the requirements placed upon the home under the law, and, therefore, suggested that HR-71-2-VOL 416 |