71ST CONGRESS 2d Session } SENATE { REPORT No. 721 PAYMENT OF CERTAIN CHARGES ON GOODS SHIPPED TO PHILIPPINE ISLANDS MAY 23, 1930.-Ordered to be printed Mr. BINGHAM, from the Committee on Territories and Insular Affairs, submitted the following REPORT [To accompany H. R. 6127] The Committee on Territories and Insular Affairs, to whom was referred the bill (H. R. 6127) to authorize the payment of checking charges and arrastre charges on consignments of goods shipped to the Philippine Islands, having considered the same, reports favorably thereon and recommends that the bill do pass. The following letter from the Assistant Secretary of War stresses the importance of expediting action on the bill for the reason that the nonpayment of the amounts due from the Army and Navy are inflicting a hardship upon those to whom they are due: Hon. HIRAM BINGHAM, WAR DEPARTMENT, Washington, May 12, 1930. Chairman Committee on Territories and Insular Affairs, United States Senate, Washington, D. C. DEAR MR. CHAIRMAN: H. R. 6127, entitled "A bill to authorize the payment of checking charges and arrastre charges on consignments of goods shipped to the Philippine Islands" passed the House on April 21, 1930, and it is understood that this bill is now before the Senate Committee on Territories and Insular Affairs. The facts in regard to the purposes of the act are shown in the hearings before a subcommittee of the Committee on Expenditures in the Executive Departments in the House of Representatives on February 28, 1930, and in Report No. 857, Seventy-first Congress, second session, March 7, 1930, to accompany H. R. 6127. The amounts involved from the Army and Navy are long overdue and nonpayment is working a hardship on those to whom they are due. Payment is only equitable. It is recommended that any practicable steps be taken to expedite favorable action on bill. Sincerely yours, If any further information is needed, I shall take pleasure in supplying it. In 1922, the Philippine Legislature, acting within its authority, passed an act to create a harbor board for the port of Manila and provided for the collection of certain charges in connection with imports and exports through the port. These charges include checking charges and arrastre charges. The Manila Harbor Board, representing the Philippine government, was authorized to and did contract with a commercial agency, to wit, the Manila Terminal Co., for the operation of the insular-owned piers, warehouses, and other terminal facilities and for the collection of said charges. The arrastre charge became due when a ship discharged its cargo upon a pier and the goods were taken possession of by the Manila Terminal Co. and listed by it as to articles and condition on arrival and stored in the warehouses ready for delivery to the consignee. Checking charges arose when cargo was discharged ship side directly to the consignee's boat or lighter. Here again the Manila Terminal Co. would list the articles discharged and certify their condition. This was necessary in order to complete the statistics regarding the business of the harbor, to insure the collection of the customs charges, and for the protection of the consignee in case of dispute as to the condition in which the goods arrived. The act of the Philippine Legislature having been called to the attention of the Comptroller General, he promptly held that it was inoperative as to shipments made by the United States Government, although the matter had been previously passed upon by the Quartermaster General of the United States Army, the Judge Advocate General of the War Department, and the Secretary of War himself, all of whom held that the services rendered were necessary, and that the charges in connection therewith were proper and should be paid. The Manila Harbor Board, considering the fact that its agent, the Terminal Co., had to expend money in hiring laborers to handle the Government's shipments from commercial vessels, decided, in view of the Comptroller General's decision, to refuse to land or handle any more goods. As that would have impeded the operation of the United States Government there, the Governor General directed that the services be continued pending negotiations for a final determination of the matter. Hence, Congress was appealed to for relief. The amount of these charges checked from 1922 up to November 6, 1929, was as follows: For the United States Navy for checking charges, $574.03, and for arrastre charges, $25,135.13; making a total of $25,709.16. For the United States Army, for checking charges, $927.95, and nothing for arrastre charges. The total of all charges unpaid until November 6, 1929, for both Army and Navy, is $26,637.11. The bill authorizes the payment of these past charges as well as future charges. The committee feels that the United States Government, having created the Philippine government, and authorized it to enact laws within certain prescribed limitations, should be the first one to observe these laws. Hence, in this particular instance, the United States Government ought not to claim an exception but should voluntarily submit itself to the same regulations and charges that are prescribed for commercial concerns enjoying the same services in the Philippine harbor. The passage of the bill, the committee believes, would create a favorable impression in the Philippine Islands. O AUTHORIZE THE ATTENDANCE OF THE MARINE BAND AT THE NATIONAL ENCAMPMENT OF THE GRAND ARMY OF THE REPUBLIC AT CINCINNATI, OHIO MAY 26, 1930.-Ordered to be printed Mr. HALE, from the Committee on Naval Affairs, submitted the following REPORT [To accompany H. R. 10082] The Committee on Naval Affairs, to whom was referred the bill (H. R. 10082) to authorize the attendance of the Marine Band at the National Encampment of the Grand Army of the Republic at Cincinnati, Ohio, having considered the same, report favorably thereon, without amendment, and with the recommendation that the bill do pass. The purpose of the bill is to authorize the President to permit the Marine Band to attend and give concerts at the national encampment of the Grand Army of the Republic, to be held at Cincinnati, Ohio, during the week beginning August 24, 1930, and to authorize an appropriation for the purpose of defraying the expenses of the band in so attending. The bill meets with the approval of the Navy Department, as shown by the Acting Secretary's letter of March 29, 1930, as made a part of the report of the Committee on Naval Affairs of the House of Representatives on this bill as follows: [House Report No. 1238, Seventy-first Congress, second session] The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H R. 10082) authorizing the attendance of the Marine Band at the National Encampment of the Grand Army of the Republic at Cincinnati, Ohio, having had the same under consideration, report favorably thereon, with the following amendments, and with the recommendation that the bill do pass. Line 10, strike out the numerals "$10,000," and insert in lieu thereof "$5,532.26." Line 12, after the word "Act" strike our period, insert a colon and add the following proviso: "Provided, That in addition to transportation and Pullman accommodations, the leaders and members of the Marine Band be allowed not to exceed $5 per day each for actual living expenses while on this duty, and that the payment of SR-71-2-VOL 2-39 such expenses shall be in addition to the pay and allowances to which they would be entitled while serving at their permanent station." This bill provides for the authorization of the United States Marine Band to attend and give concerts at the national encampment of the Grand Army of the Republic to be held at Cincinnati, Ohio, during the week beginning August 24, 1930. The committee feels that the members of the band should not be requested to attend affairs of this or any other kind at a personal sacrifice and therefore reports this bill favorably in accordance with the suggested amendment as shown in the following letter from the Acting Secretary of the Navy addressed to the chairman of the Committee on Naval Affairs, House of Representatives, and which clearly sets forth the views and recommendations of the department and is hereby made a part of this report. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, NAVY DEPARTMENT, Washington, March 29, 1930. House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of February 21, 1930, transmitting the bill (H. R. 10082) to authorize the attendance of the Marine Band at the national encampment of the Grand Army of the Republic at Cincinnati, Ohio, and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform the committee as follows: The purpose of this bill is to authorize the President to permit the Marine Band to attend and give concerts at the national encampment of the Grand Army of the Republic, to be held at Cincinnati, Ohio, during the week beginning August 24, 1930, and to authorize an appropriation of $10,000 for the purpose of defraying the expenses of the band in so attending and giving concerts. The cost of this legislation is estimated at $3,519.12 for 62 members of the band, as follows: The cost of susbistence is based on the band's leaving Washington after 6 p. m. August 23 and arriving back in Washington after 12 noon August 31. For this journey, under article 14-96, Marine Corps Manual, each man will be entitled to $23.13, but will be checked the allowance of $1.95 a day he now receives at his post of duty, making the net increase $7.53 per man. As this amount will not pay the expenses of the band while on this duty, the Navy Department recommends that a proviso be added to section 2 of the bill, as follows: "Provided, That in addition to transportation and Pullman accommodations, the leaders and members of the Marine Band be allowed not to exceed $5 per day each for actual living expenses while on this duty, and that the payment of such expenses shall be in addition to the pay and allowances to which they would be entitled while serving at their permanent station." If amended as above indicated the expenses for subsistence will be not to exceed $2,480, making the cost of the proposed legislation $5,532.26, as follows: In view of the foregoing, the Navy Department recommends that the bill H. R. 10082 be enacted, if amended as above indicated. Sincerely yours, ERNEST LEE JAHNCKE, O 71ST CONGRESS 2d Session } SENATE { REPORT No. 723 GIVING POLICE POWER TO AND INCREASING SALARY OF POUNDMASTER OF THE DISTRICT OF COLUMBIA MAY 26, 1930.-Ordered to be printed Mr. COPELAND, from the Committee on the District of Columbia, submitted the following REPORT [To accompany H. R. 11403) The Committee on the District of Columbia, to whom was referred the bill (H. R. 11403) to amend an act entitled "An act to create a revenue in the District of Columbia by levying tax upon all dogs therein, to make such dogs personal property, and for other purposes,' as amended, having considered the same, report favorably thereon, with the recommendation that the bill do pass. The purpose of this bill is to confer upon the poundmaster of the District of Columbia special police powers and to increase his salary to a sum adequate to the duties imposed upon him by Congress at this time, and the additional duties and responsibilities which will be his as the result of this legislation. The District Commissioners have no authority to grant police power to the poundmaster, as his duties are defined by statute. Further, the commissioners are powerless to grant an increase in the poundmaster's salary, as the Personnel Classification Board has graded his position into a group comprising laborers, messengers, and guards. The position of the poundmaster is clearly administrative in character, and not custodial, as this report will show. NEED OF POLICE POWER FOR POUNDMASTER There can be no doubt regarding the necessity for vesting the poundmaster with special police powers. This official at present has no such powers. He is frequently called upon to perform dangerous. tasks in the line of duty, and on numerous occasions has been attacked by persons violating the act which this bill seeks to amend. |