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SENATE

71st CONGRESS

2d Session

REPORT 1. No. 474

TRAVEL PAY AND ALLOWANCES FOR CERTAIN SOL

DIERS DISCHARGED IN THE PHILIPPINES

APRIL 17 (calendar day, APRIL 18), 1930.-Ordered to be printed

Mr. SHEPPARD, from the Committee on Military Affairs, submitted

the following

REPORT

[To accompany S. 2567)

The Committee on Military Affairs, to which was referred the bill (S. 2567), granting travel pay and other allowances to certain soldiers of the Spanish-American War and the Philippine insurrection who were discharged in the Philippines, having considered the same, report favorably thereon with the recommendation that it do pass.

A similar bill was passed by the Senate in the seventieth Congress, but failed of action in the House.

The merits of the bill are set forth in the report of the committee on S. 1513, Seventieth Congress, which is made a part of this report and reads as follows:

The Committee on Military Affairs, to which was referred the bill (S. 1513) granting travel pay and other allowances to certain soldiers of the SpanishAmerican War and the Philippine insurrection who were discharged in the Philippines, having considered the same, report favorably thereon with the recommendation that it do pass, amended as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

"That all persons who enlisted in the Regular Army of the United States in the year 1898 under special act of Congress for the duration of the war with Spain, who were honorably discharged from such enlistment while serving in the Philippines, who did not there reenter the military service of the United States through commission or enlistment, who embarked at Manila within one year after such discharge for return to the United States, shall, upon application to the War Department under such regulations as the Secretary of War shall prescribe, be allowed and paid their actual necessary expenses, if any, for lodging and subsistence in the Philippines for the period, not exceeding three months, during which they respectively awaited transportation by Government transport, and, in addition, for the distance from Manila, Philippine Islands, to San Francisco, California, the travel pay and commutation of subsistence formerly allowed under section 1290, Revised Statutes of the United States, to soldiers of the Regular Army honorably discharged on expiration of enlistment, less any sum or sums of money actually paid by the Government to such persons, respectively,

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at time of such discharge or subsequent thereto by way of travel pay or allowances for transportation and subsistence between said places.

“Sec. 2. There is hereby authorized to be appropriated such sums of money as may be recessary to carry out the provisions of this act.”

The abova amendment is drawn in accordance with a letter from the Acting Secretary, of War, dated May 23, 1928, which is made a part of this report.

This •legislation applies to soldiers who enlisted in the Regular Army for the period of the Spanish-American War who were discharged in the Philippines and did not, from their own choice, delay their departure from the Philippines beyond a period of one year. At the time of enlistment these soldiers were advised by recruiting officers that they would be furnished transportation and subsistence in kind from the place of discharge to the place of enlistment within one year from the date of discharge, or if transportation and subsistence in kind be impracticable, they would be given travel pay and subsistence at the rate of 20 miles for one day in accordance with the then existing practice. Your committee believes these men are entitled to this relief.

Correspondence from the Secretary of War giving an estimate of the effect and cost of carrying out the provisions of this act is attached hereto and made a part of this report as follows:

WAR DEPARTMENT,

Washington, April 7, 1928. Hon. David A. REED, Chairman Committee on Military Affairs,

United States Senate. DEAR SENATOR REED: In compliance with your request of February 8, 1928, I am pleased to submit the following report on a bill (S. 1513) granting travel pay and other allowances to certain soldiers of the Spanish-American War and the Philippine insurrection who were discharged in the Philippines.

Similar bills, H. R. 4101, Sixty-ninth Congress, and H. R. 410, Seventieth Congress, were introduced in the House of Representatives, which authorized travel pay and subsistence allowance for all men discharged in the Philippines to their places of enlistment without limitation as to time of return from the Philippines. In 1925 it was estimated that 4,356 soldiers were discharged in the Philippines during the period covered by H. R. 4101, but it was then believed that not more than 50 per cent of that number would be entitled to benefits of that bill which it was estimated on that basis would cost the Government approximately $882,112. The War Department did not consider that the men who remained in the Philippines for their own convenience or profit were entitled to the allowances and in two reports on H. R. 4101 recommended unfavorable consideration of that bill, as per copies herewith.

However, the present bill, S. 1513, contains a proviso, “That the benefits of this act shall not apply to such discharged persons who from choice delayed their departure from the Philippines beyond the 1-year period allowed in orders for transport,” which eliminates the objectionable feature of H. R. 4101 and H. R. 410 as indicated above. This proviso limits the benefits of the proposed legislation to the soldiers who enlisted in the Regular Army for the period of the SpanishAmerican War, and who the War Department believes are entitled to relief. Those recruits were advised by the recruiting officers that they would be furnished transportation and subsistence in kind from the place of discharge to the place of enlistment within one year from the date of their discharge, or if transportation and subsistence in kind be impracticable they would be given travel pay and subsistence at the rate of 20 miles for one day in accordance with the then existing practice.

It is not possible to furnish an accurate estimate of the number of men that would be entitled under the limitations in Senate bill 1513, or if it be enacted into law its cost to the Government, because it is not known how many men reenlisted and got the allowances and, due to the long lapse of time since that war, it would be most difficult to estimate the number of survivors who would file claims, but it is not thought that more than 1,000 men would apply, which at an average expense of about $400 per man would make a total cost of not more than $400,000.

In this connection attention is invited to H. R. 10870, introduced in the House of Representatives February 13, 1928, which is identical with S. 1513.

This proposed relief legislation as now drawn provides for the obligation of the Government to furnish transportation and subsistence or in lieu thereof travel pay and commutation of subsistence to the enlisted men who were entitled thereto under War Department regulations and orders.

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

The proposed legislation has been submitted to the Director of the Bureau of the Budget, who advises that it is in conflict with the financial program of the President. Therefore the enactment of the proposed legislation is not recommended. Respectfully,

Dwight F. Davis, Secretary of War.

APRIL 21, 1926. Hon. John M. MORIN, Chairman Committee on Military Affairs,

House of Representatives, Washington, D. C. DEAR MR. MORIN: Receipt is acknowledged of your communication of the Ist instant requesting a report on House bill 4101.

While the bill in question does not make specific reference to any statute, it is assumed that the intendment of said bill is to provide for certain discharged enlisted men who did not at the time receive all the travel allowance provided for in section 1290 of Revised Statutes, which reads as follows:

"When a soldier is (honorably) discharged from the service (except by way of punishment for an offense), he shall be allowed transportation and subsistence from the place of his discharge to the place of his enlistment, enrollment, or original muster into the service. The Government may furnish the same in kind, but in case it shall not do so, he shall be allowed travel pay and commutation of subsistence for such time as may be sufficient for him to travel from the place of discharge to the place of his enlistment, enrollment, or original muster into the service, computed at the rate of one day for every twenty miles.”

It may be noted that the above-quoted statute makes no provision for hotel expenses in Manila, nor for any subsistence allowance beyond the time necessary to make the journey, counting 20 miles per day.

Under the option given in section 1290, Revised Statutes, the War Department issued the following:

“General Orders, No. 180, November 26, 1898 “II. By direction of the Secretary of War, enlisted men discharged in Cuba, Porto Rico, Hawaii, the Philippines, or other places outside of the United States, will be provided free transportation to the United States on Government transports upon direction of the commanding officers in the several localities, and will be subsisted by the subsistence department to the port of destination, and will not be entitled to travel pay from port of embarkation to the United States, nor to commutation of rations for the time so subsisted on the transports. Upon arrival in the United States they will be furnished with travel pay by the pay department to the places of their enlistment, as in all other cases of soldiers discharged on final statements."

General Orders, No. 54, March 22, 1899 “Officers and soldiers discharged under this order will be entitled to travel allowances for the land travel involved from the place of their discharge to the place of their enlistment. For the sea travel, the special orders issued by the commanding generals of the departments for the discharge of officers will state in each case that the officer is entitled to free transportation and in the cases of enlisted men, to free transportation and subsistence on any United States transport leaving the island for the United States within one year from the date of discharge. When transportation or subsistence are furnished on such orders, the facts will be noted thereon, and also on the discharge certificate by the quartermaster."

The provision in the latter quoted general orders was based upon decisions of the Comptroller of the Treasury.

In this connection it is known that many men chose to remain in the Philippine Islands after discharge for the purpose of accepting civil positions which they retained for several years. Such men were not furnished transportation and subsistence in kind nor were they paid travel pay for the trans-Pacific journey. The bill now under consideration, if enacted into law, would give to such men not only the travel pay provided as one of the options in section 1290, Revised Statutes, but would authorize a reimbursement of hotel bills or the paymeni of a subsistence allowance for many years, depending upon the date of the soldier's return to the United States. It is possible that in an extreme case the reimbursement would cover a period of 25 years. It is recommended that the bill be not given favorable consideration. Sincerely yours,

Dwight F. Davis, Secretary of War.

FEBRUARY 26, 1927. Hon. John M. MORIN, Chairman Committee on Military Affairs,

House of Representatives. DEAR MR. Morin: With further reference to your letter of the 12th instant requesting an approximate cost to the Government should H. R. 4101 be enacted, I am pleased to furnish the following data:

The official distance from Manila, P. I., to San Francisco, Calif., is 7,456 miles, which, allowing 1 day's pay and allowance for each 20 miles would amount to 373 days and in addition thereto should be added 60 days for time awaiting means of transportation, or a total of 433 days.

In fixing a basis for pay, 75 per cent of the soldiers have been considered privates and balance prorated in the higher grades, which gives an average monthly pay of $19 including foreign service and longevity. The subsistence allowance was 30 cents per day to all: 433 days at $19 per month.

$271. 06 433 days at 30 cents per day -

129. 90

400. 96 There were 4,356 soldiers discharged in the Philippine Islands during the period covered by the proposed legislation and it is estimated that approximately 50 per cent of this number would be entitled to the benefits, or 2,200 men.

Upon this basis the legislation would cost 2,200 times $400.96 or $882,112. However, due to the great lapse of time there probably would be a large number of those entitled to the benefits who would not file a claim Sincerely yours,

Dwight F. Davis, Secretary of War.

WAR DEPARTMENT,

Washington, May 23, 1928. Hon. David A. REED, Chairman Committee on Military Affairs,

United States Senate. DEAR SENATOR REED: In compliance with your request of May 5, 1928, I am pleased to submit for your information a substitute for S. 1513, which it is thought will accomplish the desires of the committee. It should be understood, however, that the submission of this draft does not commit the War Departe ment to its approval.

"A BILL Granting travel pay and other allowances to certain soldiers of the Spanish-American War

and the Philippine insurrection who were discharged in the Philippines Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who enlisted in the Regular Army of the United States in the year 1898 under special act of Congress for the duration of the war with Spain, who were honorably discharged from such enlistment while serving in the Philippines, who did not there reenter the military service of the United States through commission or enlistment, who embarked at Manila within one year after such discharge for return to the United States, shall, upon application to the War Department under such regulations as the Secretary of War shall prescribe, be allowed and paid their actual necessary expenses, if any, for lodging and subsistence in the Philippines for the period, not exceeding three months, during which they respectively awaited transportation by Government transport; and, in addition, for the distance from Manila, Philippine Islands, to San Francisco, California, the travel pay and commutation of subsistence formerly allowed under section 1290, Revised Statutes of the United

States, to soldiers of the Regular Army honorably discharged on expiration of enlistment, less any sum or sums of money actually paid by the Government to such persons, respectively, at time of such discharge or subsequent thereto by way of travel pay or allowances for transportation and subsistence between said places.

“Sec. 2. There is hereby authorized to be appropriated such sums of money as may be necessary to carry out the provisions of this act."

Section 1290, Revised Statutes, allows as travel allowances, pay, and commutation of subsistence at the rate of one day's pay for each 20 miles of travel. As the distance from Manila to San Francisco by the shortest route is 7,456 miles, approximately one year's pay at the rate received at time of discharge, plus commutation of subsistence, will be due each claimant under the bill submitted. It has been estimated that $400 will be the average cost.

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

Similar legislation has been heretofore submitted to the Director of the Bureau of the Budget, who advises that it is in conflict with the financial program of the President. Sincerely yours,

C. B. ROBBINS,

Acting Secretary of War. O

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