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AUTHORIZE THE ATTENDANCE OF THE MARINE BAND AT THE NATIONAL ENCAMPMENT OF THE GRAND ARMY OF THE RFPUBLIC 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 Roport 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 239

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.

NAVY DEPARTMENT,

Washington, March 29, 1930. The ChairMAN COMMITTEE ON Naval AFFAIRS,

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: Transportation.

$2, 424. 20 Pullman accommodations.

628. 06 Increased subsistence allowance.

466. 86

Total..-

3, 519. 12 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: Transportation.--.

$2, 424. 20 Pullman accommodations.

628. 06 Subsistence...

2, 480.00

Total.

5, 532. 26
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,
The Acting Secretary of the Navy.

2d }

ilst CONGRESS

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.

The poundmaster has had in such instances no power to make an arrest. It is believed that this proposed new authority will serve both a psychological and a practical purpose in protecting the poundmaster in the pursuance of his perilous duties.

Let it be remembered that the former poundmaster was killed in line of duty.

MEMORANDUM OUTLINING THE DUTIES AND RESPONSIBILITIES OF THE

DISTRICT OF COLUMBIA POUNDMASTER

1. The qualifications necessary for the position of poundmaster are tact, judgment, administrative ability, and knowledge of the diseases of dogs and other animals, particularly rabies and distemper. Knowledge of the former disease is necessary in order that it may be determined whether the animal should be examined by the Bureau of Animal Industry. The poundmaster must also be able to determine whether the animal has distemper or any of the minor contagious diseases, such as the itch or the mange, so that proper precautionary measures may be taken to prevent infection of the other animals.

2. The disposal of all dogs, other than those redeemed or sold, is accomplished through a process of asphyxiation by means of carbonized gas smoke. To produce a high percentage carbonized fume that will insure painless death requires, it is submitted, some chemical skill.

3. All captured animals are, by law, held for 48 hours. If several claimants appear for the same animal, the poundmaster must act as judge and jury in ascertaining the true owner.

4. If no claimant appears within the 48-hour period prescribed by law, the animal is either killed or sold, at the discretion of the poundmaster. The sale may, under act of Congress, be either a private sale or a public sale. In case of public sale the poundmaster acts as auctioneer. This is a

This is a quite frequent occurrence. 5. When it is considered that the poundmaster has under his supervision seven employees and that the pound comprises a group of buildings, such as kennels, garages, and offices, covering an area of about a quarter of a city block, and is entirely separate and distinct from any other group of Government buildings, it is evident that the poundmaster, to do his work well, must possess administrative ability.

6. The poundmaster must render daily, weekly, monthly, quarterly, and yearly reports of his various activities to the District health officer. A report of fees collected must also be made every day to the District tax collector. This is clearly an administrative function.

7. The poundmaster is twice a bonded officer. One bond is given to insure the District of Columbia from any loss resulting from a failure to properly perform his duties as poundmaster; and the other bond is given to the United States to insure the faithful performance of his duties as a notary public. The notarial authority is required in order to legalize the sale of animals and to expedite the business of the pound. No fee can be charged by the poundmaster for such service. Yet the poundmaster must pay the premiums for both bonds out of his meager salary.

8. Congress has specifically placed upon the poundmaster the duty of enforcing the pound laws. The decision, therefore, as to whether there is a violation of law must, in each instance, be made by him. An error of judgment may involve him as well as the District of Columbia in a court action for seizure of personal property without due process of law.

9. The poundmaster, as the executive head of his subdivision and responsible for its efficient functioning, is practically always on duty. He is subject to calls at all hours, and is practically a 24-hour man. The clerical work in connection with the position must frequently, for want of time, be done at home at nights or on Sundays.

10. The field duties of the position are frequently more hazardous than those of the Metropolitan police. Unlike the police, the poundmaster is given neither a pistol nor a pension. The present incumbent has on several occasions been assaulted and injured.

11. During the past 10 years the expansion of the District of Columbia and the consequent increase in its dog population have unquestionably doubled the work of the poundmaster. The records of the tax office during the 10 years the present incumbent has been poundmaster show an increase in yearly revenues from pound fees and dog licenses of from $18,961.44 to $39,321.10, a net increase of approximately $20,000, or over 100 per cent. The number of licensed dogs during this period increased from 7,140 to 19,155. This showing is, in large measure, attributable to the activity of the poundmaster in the enforcement of the laws, and was accomplished without additional facilities or cost to the Government and only after a hard fight against stern opposition from the public.

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