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There is another method by which those who are waiting in these two countries can be reached without letting down the bars by permanent legislation. The 50 per cent preference within the quotas as is now allowed to fathers and mothers and husbands and farmers could be changed so that the whole 100 per cent of the quota could be given to fathers and mothers and husbands. In this way the fathers and mothers in these two countries could almost be reached within a year. There is a bill now pending before the Immigration Committee of the House which provides for a change of the preferences within the quotas so as to give the total quota to the fathers and mothers if needed, and that if there be any countries in which the fathers and mothers desiring to come and qualified to come exceeds this quota, that such fathers and mothers should be permitted to come outside the quota providing that they come within the next 12 months. The object of this bill is to bring in at once any fathers and mothers qualified to come who may be prevented from coming because the quota of his or her country had become exhausted. This law would bring in within one year all fathers and mothers qualified to come from any and all the European countries, and would then start all countries with a clean slate without laying down the bars and adding many additional thousands to the already too large a list of nonquota immigrants. It would also give the total quota to fathers and mothers if necessary and this would relieve the situation. A copy of the bill referred to is as follows:

Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled, That section 6 of the immigration act of 1924 is amended to read as follows:

"Sec. 6. (a) Immigration visas to quota immigrants shall be issued in each fiscal year as follows and in the following order of priority:

“(1) Quota immigrants of each nationality who are the fathers or the mothers or the husbands by marriage occurring after May 31, 1928, of citizens of the United States who are twenty-one years of age or over. The same shall be given first preference.

“(2) In the case of any nationality the quota of which is three hundred or more, quota immigrants who are skilled in agriculture, and the wives, and the dependent children under eighteen years of age of such immigrants skilled in agriculture, if accompanying or following to join them, but the number admissible under the preference provided in this paragraph shall not exceed fifteen per centum of the total quota.

“(3) Quota immigrants of each nationality who are the unmarried children under twenty-one years of age, or the wives, of alien residents of the United States who are lawfully admitted to the United States for permanent residence.

(4) Any portion of the quota of any nationality for such year not required for the issuance of immigration visas to the classes specified in paragraphs (1), (2), and (3) shall be made available in such year for the issuance of immigration visas to other quota immigrants of such nationality.

“(b) The preference provided in subdivision (a) shall, in the case of quota immigrants of any nationality, be given in the calendar month on which the preference is established, if the number of immigration visas which may be issued in such month to quota immigrants of such nationality has not already been issued, otherwise in the next calendar month.”

Sec. 2. For a period of twelve months after the enactment of this act nonquota immigration visas may be issued to the fathers or the mothers, or the husbands by marriage occurring after May 31, 1928, of citizens of the United States who are twenty-one years of age or over, if such fathers, mothers, or husbands are not able to procure quota immigration visas before the expiration of such time due to exhaustion of the quota.

At present those who are admitted outside the quota are more numerous than those admitted within the quota. The exceptions to quotas are already greater than the quotas. The country is demanding a reduction of the quotas and a restriction of the number of those outside the quotas. This will never be done by placing large additional numbers outside the quota.

The arguments and conclusions expressed herein are shared by other members of this Committee on Immigration and Naturalization of the House of Representatives. Respectfully submitted.

THOMAS A. JENKINS. O

WARREN BURKE

JANUARY 22, 1932.—Committed to the Committee of the Whole House and

ordered to be printed

Mr. COYLE, from the Committee on Naval Affairs, submitted the

following

REPORT

[To accompany H. R. 4103]

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 4103) for the relief of Warren Burke, having had the same under consideration, report favorably thereon, without amendment, and recommend that the bill do pass.

The purpose of this bill is to authorize the President to place Ensign Warren Burke, United States Naval Reserve, upon the retired list of the Navy, with three-fourths of the active-duty pay of his grade, provided that a duly constituted naval retiring board finds that the said Warren Burke is incapacitated for service by reason of physical disability incurred in the line of duty, and that no back pay, allowances or emoluments shall become due as a result of the passage of the act.

Warren Burke was in the Naval Reserve, and he was a qualified naval aviator. He was assigned to a year's tour with the Battle Fleet. While on active duty at sea on the U. S. S. Saratoga he lost his right arm as the result of being struck by an airplane propeller on April 23, 1930. At the time of his injury Ensign Burke occupied a status materially different from that occupied by a reserve. He was not in a student status, but was an active member of a combatant unit of naval force performing duties identical with those required of officers of the regular service with similar rank. The effect of his assignment was to alleviate the shortage of naval aviators in the regular service and to bring up to required strength the active fleet aviation units.

The following letter from Mr. Frederick Horne, addressed to the Hon. B. L. French, M. C., which clearly sets forth the facts in the case, is hereby made a part of this report:

Navy YARD,

Norfolk, Va., May 16, 1930. Hon. B. L. FRENCH, M. C.,

House of Representatives, Washington, D. C. DEAR MR. FRENCH. Early on the morning of April 23, 1930, while the airplanes on the flight deck of the U. S. S. Saratoga were having their engines warmed up preparatory to taking off to proceed to the naval air station, Hampton Roads, Ensign Warren Burke, United States Naval Reserve aviator, suffered an injury to his right arm which necessitated a surgical operation and the amputation of his arm about 2 inches above his right elbow.

An investigation into the matter was immediately ordered by Rear Admiral H. V. Butler, commander aircraft squadrons, Battle Fleet. Due to the absence of Admiral Butler from the Saratoga, in connection with the meeting of the selection board at Washington, the report of the board of investigation has not as yet been signed and forwarded to the Navy Department. Hence it is not possible to quote directly from this report. However, from a preliminary investigation I ordered, as commanding officer of the Saratoga, the following facts were established:

I. Ensign Burke was injured in line of duty and the injury sustained was in no way the result of his own misconduct.

II. The injury was sustained as a result of being accidentally hit by the turning propeller of an airplane.

III. The injury was not due in any manner to the fault, negligence, or inefficiency of any person or persons in the naval service or connected therewith.

IV. The injury was caused by Ensign Burke either slipping on the deck, or by being blown off balance by the gusty wind then in force, the blast of another propeller, or by all three.

After Ensign Burke had recovered from the shock of the operation, he was questioned but could not state definitely the cause of his accident. He is of the opinion that in no way should blame be attached to any person in connection with his injury.

Ensign Burke is from San Francisco, Calif., where he was born March 16, 1903. He is a graduate of the University of California. He had served about 11 months in the reserve at the time of his accident, and his service has been most creditable. We have been particularly impressed with his general aptitude for the service.

It is necessary in preparing for flight operations of any magnitude to “spot' planes on the light deck with a minimum of propeller clearnce. Every precaution is taken to impress all personnel concerned of the ever present and imminent danger of injury from moving propellers. On this particular morning conditions were quite bad. The deck was wet with dew, and there were small patches of lubricating oil blown out of the exhaust pipes of the planes as they were being warmed up. The wind was gusty and blowing freshly with a velocity of 30 to 35 miles an hour, with gusts of even higher intensity.

The hazards of personnel handling large numbers of aircraft in the restricted spaces available on the decks of a carrier are recognized by all concerned.

Every possible precaution is taken to avoid accidents of this nature, but in my opinion this hazard is so great that it is a wonder that serious accidents have not occurred more frequently than has been the case on this ship. This case is the only one to date resulting in a major casualty.

Under existing laws officers of the Naval Reserve on active duty are not accorded the same retirement privileges and other protection afforded officers of the regular service. Because of the present and prospective shortage of naval aviators it has been necessary to employ on active duty for a period of one year at a time a considerable number of naval aviators of the Naval Reserve. Recognizing the hazards incident to this duty, and the unfairness of discriminating against such officers in the matter of protection provided by the Government, the Bureau of Aeronautics has made efforts within the past two years to secure legislation placing such reserve officers, while on active duty, in the same status as officers of the regular service. Such legislation has not been obtained. Sincerely yours,

FREDERICK HORNE.

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Also the following letter from Ensign Warren Burke, addressed to the Hon. Clark Burdick, in which he sets forth his service record and the facts leading to his injury, is hereby made a part of this report:

WASHINGTON, D. C., June 17, 1930.
Hon. CLARK BURDICK,

House of Representatires, Washington, D. C.
DEAR MR. BURDICK: In connection with the bill (H. R. 12534) which Hon.
Florence P. Kahn has sponsored in my behalf and which is pending before the
Naval Affairs Committee, I beg to submit, in accordance with your suggestion,
the following information regarding my service and injury.

I enlisted in the United States Naval Reserve on April 24, 1928, and went into training at the United States Naval Reserve aviation base, Sand Point, Seattle, Wash., where I received my primary training from July 1, 1928, to August 15, 1928. I then went into training at the United States naval air station, Pensacola, Fla., where I received my advance training from December 1, 1928, to February 15, 1929. Following the completion of this course, I took my examinations in February, 1929, and was commissioned as an ensign, aviation fleet, effective June 12, 1929, and was ordered to active duty July 1, 1929, with VB Squadron, 2-B, attached to the U. S. S. Saratoga.

My status during my period of active duty was the same as that of an officer of the regular Navy. In the flying, which averaged 35 hours a month, I followed the regular schedule of training, gunnery, cross-country and night flying. As a member of that squadron I was assistant flight officer in charge of maintenance and repair to planes of the squadron.

On April 23, 1930, the Saragota, returning from the winter concentration at Guantanamo Bay, was 35 miles off Cape Henry preparing to launch planes to fy ashore and land at the naval air station, Hampton Roads. At 5 p. m., when flight quarters were sounded and we came up on the flight deck to get ready to take off it was quite cold and the deck was covered with mist and there was a 35-knot wind blowing over the deck. I started to my plane to put my parachute in the cockpit and my coat in the baggage compartment as I had done for each flight operation. As I approached my plane on the deck, I took notice of the fact that a plane parked immediately behind me was still tuning up its motor, having been slow in starting because of the cold. In order to leave as much clear space forward on the deck for take-offs, it is necessary to park the planes with the minimum clearance needed for the propeller when the motors are started up. I went around the wing of my plane to get to my baggage compartment with a parachute under my right arm, mindful of the fact that this plane which was tuning up was only 15 or 20 feet away, but as the situation was not unusual, other than that the deck was slippery, I stepped in toward the baggage compartment of my plane and as I did so was either thrown off my balance by the wind or slipped on the deck and was blown back into the propeller behind me. The propeller struck me on the right arm, cutting it off about two inches above the elbow, and knocking me down, so that when I collected myself I was behind propeller. I was taken to the sick bay immediately and treated by Commander Helm, the ship surgeon. The following day, at 4 p. m., I was transferred to the naval hospital at Norfolk, Va. With assurances of my appreciation of the consideration you have shown me, Respectfully yours,

WARREN BURKE. The following letter from the Acting Secretary, addressed to the chairman of the Committee on Naval Affairs of the House of Representatives, sets forth the views and recommendation of the Navy Department, and is hereby made a part of this report, and the department recommends in view of the exceptional circumstances of this case that the bill H. R. 4103 be enacted.

Navy DEPARTMENT,

Washington, January 12, 1932.
The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.
MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of
December 18, 1931, transmitting the bill (H. R. 4103) for the relief of Warren

I am,

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