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I was under observation and treatment at the naval hospital, Mare Island, Calif., from February 17, 1923, until June 14, 1923, when having finally been diagnosed as having pulmonary tuberculosis I was ordered to Fitzsimons General Hospital at Denver, Colo., for treatment.
I arrived at Fitzsimons Hospital June 17, 1923.
Upon being examined by the Army doctor under whose care I was placed, I asked him what he thought of my condition. He replied that he did not know what the Navy would do with me but that if I were in the Army, I would no doubt be sent back to duty after a few months' treatment. Consequently I did not think myself in line for immediate retirement.
However, shortly after my arrival at Fitzsimons, I received orders to report before a naval retiring board when so ordered by the president of the board who was the Navy medical officer on duty at Fitzsimons.
I was called before the retiring board September 5, 1923, recommended for retirement and retired as an ensign United States Navy, as of September 5, 1923.
It is the practice of the Navy Department in the case of officers who are ordered to Fitzsimons General Hospital for treatment, to retain them on active duty under treatment for a year, before calling them before a retiring board.
Had this practice been followed out in my case I would have made my number for promotion in the next higher grade before going before the retiring board and would therefore have been eligible for retirement as lieutenant (junior grade), United States Navy.
While on active duty as an ensign, my base pay was $1,700 per year, but in accordance with article 18 of the 1922 pay bill, I was retired on a base pay of $1,500 per year, making my retired pay $1,125 per year, or $93.75 per month.
I was discharged from the hospital in May, 1924. I went to work in civilian life to augment my retired pay, but in 1928 my health had become so poor that in January, 1929, I reentered Fitzsimons Hospital for further treatment.
As before stated, my retired pay is $93.75 per month. Out of this I must pay Fitzsimons General Hospital $45 per month for subsistence, leaving me a net of $48.75, with which to support a family of two.
In comparison a midshipman who entered the Naval Academy in 1919 and was sent to Fitzsimons General Hospital in 1921, receives from the Veterans' Bureau, hospitalization and subsistence free, and $100 per month, net.
In other words his compensation while in the hospital is $145 per month, compared to $93.75 retired pay received by me. While he is away from the hospital he receives $100 per month as compared to $93.75 per month received by me.
A war-time emergency Army second lieutenant, under the same treatment, receives $100 per month plus the same hospitalization and subsistence.
By a recent act of Congress this emergency second lieutenant will be retired at three-fourths of $1,700 per year, or $106.25 per month, and will be entitled to free hospitalization and subsistence while in the hospital.
In other words, his compensation will be $151.25 while in hospital, as compared to my retired pay of $93.75, and $106.25 when he leaves the hospital.
In view of the above I believe I am entitled to relief from Congress, and ask that legislation be enacted retiring me with the rank of lieutenant (junior grade) United States Navy, and the pay which my service would entitle me to in that grade. Respectfully,
Geo, D. HILDING, Ensign, United States Navy (Retired).
UNITED STATES VETERANS' BUREAU,
Washington, October 21, 1929. Hon. CARL E. MAPES,
House of Representatiies, Washington, D. C. MY DEAR MR. MAPES: Further reference is made to the case of the abovecaptioned claimant concerning which you have communicated with the bureau. The records were submitted to the central office by reason of an appeal from the decision of section E, central board of appeals, which denied a permanent and total rating for insurance purposes by reason of respiratory disability.
You are advised that a careful review has been made of all the evidence of record and it has been concluded that a permanent and total rating is warranted for insurance purposes only from May 6, 1929, and such rating has accordingly been approved. The records will be returned to the regional office.
R. L. JARNAGIN,
(For the Director). The following letter from the Secretary of the Navy, addressed to the chairman of the Committee on Naval Affairs, sets forth the views of the Navy Department and is hereby made a part of this report:
WashingTON, January 14, 1932. 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. 1190) to provide for the advancement on the retired list of the Navy of George Dewey Hilding, 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 provide that Ensign George Dewey Hilding, United States Navy (retired), shall have the rank and receive the pay and allowances of a lieutenant (junior grade) on the retired list of the United States Navy; such rank shall take effect on June 3, 1924, and that no back pay or allowances shall accrue to said officer by reason of the passage of the act.
The records of the Navy Department show that George Dewey Hilding was born on December 23, 1898. He was appointed a midshipmen from the fifth district of Michigan on June 15, 1917, and commissioned ensign from June 3, 1921. On January 8, 1923, he was admitted to the naval hospital, Canacoa, P. I., with symptoms of tuberculosis; was transferred to the naval hospital, Mare Island, Calif., on January 16, and on June 17 was transferred to the Fitzsimons General Hospital, Denver, Colo. On September 23, 1923, he was placed upon the retired list for physical disability incurred in the line of duty, but was continued under treatment at the last-named hospital until May 21, 1924.
Had Mr. Hilding continued on the active list until June 3, 1924, and subsequently been retired he would have been entitled under the general law to the rank of lieutenant (junior grade) on the retired list. He did not so continue, however, but was retired in September, 1923, nine months prior to the date when he would have been eligible for promotion. Furthermore, this retirement was not effective until eight months after the first appearance of the disease, which gave ample opportunity for curative treatment and for determination of its permanent character.
The bill H. R. 1190, if enacted into law, will result in an additional cost to the Government of $375 per annum.
In view of the foregoing, the Navy Department recommends against the enactment of the bill H. R. 1190.
The bill H. R. 1190 is identical in language with the bill H. R. 3022 introduced in the Seventy-first Congress. Sincerely yours,
C. F. Adams, Secretary of the Navy. O
PROHIBIT GAMBLING IN CANAL ZONE
FEBRUARY 17, 1932.-— Referred to the House Calendar and ordered to be printed
Mr. LEA, from the Committee on Interstate and Foreign Commerce,
submitted the following
[To accompany H. R. 7498]
The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7498) to amend Act No. 4 of the Isthmian Canal Commission entitled “An act to prohibit gambling in the Canal Zone, Isthmus of Panama, and to provide for the punishment of violations thereof, and for other purposes,” enacted August 22, 1904, having considered the same, report thereon with a recommendation that it pass.
The bill has the approval of the President and the Secretary of War, as will appear by the letter attached.
Washington, January 28, 1932. Hon. Sam RAYBURN, Chairman Committee on Interstate and Foreign Commerce,
House of Representatives, Washington, D. C. DEAR MR. RAYBURN; The receipt is acknowledged of a letter from Hon. Clarence F. Lea, dated January 15, 1932, inclosing, and requesting on behalf of your committee a report upon, certain bills for the revision of the laws of the Canal Zone introduced by him, including bill H. R. 7498 entitled “A bill to amend Act No. 4 of the Isthmian Canal Commission entitled 'An act to prohibit gambling in the Canal Zone, Isthmus of Panama, and to provide for the punishment of violations thereof, and for other purposes,' enacted August 22, 1904.”'
This is one of the proposals made for the revision of the laws of the Canal Zone recommended by me in my letter to the President, dated June 5, 1930, and in conformity with the provisions of the act of May 17, 1928 (45 Stat. 596), entitled
An act to revise and codify the laws of the Canal Zone,” forwarded by him to the Congress with his message of June 9, 1930. The message and report submitted therewith were printed as House Document No. 460, Secenty-first Congress, second session. Reference to this proposal is made on page 33 of that document.
As appears from the comparison of Act No. 4 with the proposed amendment found in House Report 2810, Seventy-first Congress, third session, to accompany H. R. 14063, the proposed amendment, while departing from the present law, is much more concise. The text was derived substantially from sections 330 and 330a of the Penal Code of California, and it is believed will more satisfactorily cover the requirements of the zone com
mmunity with respect to gambling.
The early consideration and passage of the legislation proposed for the Canal Zone are recommended. Sincerely yours,
PARTICK J. HURLEY,
Secretary of War. A general statement relating to the revision and codification of the laws of the Canal Zone is made in the report on H. R. 7519, where the text of the law authorizing such work is quoted.
The following amendment to the bill is recommended:
On page 3, line 4, strike out "$5,000” and insert in lieu thereof “$1,000”.
The bill H. R. 7498 is an amendment to Act No. 4 of the Isthmian Canal Commission, which was enacted on August 22, 1904. That act, with the proposed revision, is as follows:
(Matter stricken out inclosed in black brackets and new matter in italics) [SECTION 1. ParTIES ENGAGED IN GAMBLING.—Every person who, within the limits of the Canal Zone, Isthmus of Panama, shall play at any game whatever for any sum of money or other property of value or shall bet any money or property upon any gaming table, bank, or device, or at or upon any other gambling device, or who shall bet upon any game played at or by means of any such gaming table or gambling device, shall, upon conviction, be fined in any sum not exceeding $500, or be imprisoned not more than one year, or both, at the discretion of the court, and upon a second or any subsequent conviction shall be fined in any sum not less than $100 and not exceeding $1,000, or be imprisoned not more than two years, or both, at the discretion of the court.
[SEC. 2. THE PROPRIETOR OF GAMBLING DEVICES.—Every person who, within the Canal Zone, Isthmus of Panama, shall set up or keep any gaming table, faro bank, keno, or any kind of gambling table or gambling device, or gambling machine of any kind or description, under any denomination or name whatever, adapted, devised, and designated for the purpose of playing any game of chance for money or property, except billiard tables, or who shall keep any billiard table for the purpose of betting or gambling, or shall allow the same to be used for such purpose, shall, upon conviction, be punished by a fine of not less than $100 and not exceeding $500, or be imprisoned not exceeding one year, or both, at the discretion of the court.
[SEC. 3. PROPRIETOR OR OCCUPANT OF PRIVATE PREMISES ON WHICH GAMBLING IS PERMITTED.-If any person or persons, within the Canal Zone, Isthmus of Panama, shall suffer any game or games whatsoever to be played for gain upon or by means of any ming device or machine of any denomination or name in his or their house, or any outhouse, booth, arbor, or erection of which he, she, or they are the owners, or have the care or possession, the person or persons so offending shall, upon conviction, be punished by a fine of not less than $100 nor more than $500, or imprisonment not to exceed two years, or both, at the discretion of the court.
[SEC. 4. THE PROPRIETOR OR OCCUPANT OF PUBLIC HOUSES.- If any keeper or keepers within the Canal Zone, Isthmus of Panama, of any tavern, boarding house, ordinary, or other house of public resort, shall suffer any game or games whatever to be played for money or other property or token of value at or within such tavern, boarding house, ordinary, or other house of public resort, or in any outhouse, building, or erection appending thereto, every such keeper or keepers shall, upon conviction, be punished by a fine of not less than $100 nor more than $500, or be imprisoned not to exceed two years, or both, at the discretion of the court.
[Sec. 5. THE KEEPERS OF GAMBLING ROOMS.-If any person within the Canal Zone, Isthmus of Panama, shall keep a room, building, arbor, booth, shed, or tenement, canal boat, or other water craft to be used or occupied for gambling, or if any person being the owner of any room, building, arbor, booth, shed, or tenement, canal boat, or other water craft shall rent the same to be used or occupied 'for gombling, the person so offending shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $500 for the first offense, and upon a second or any subsequent conviction shall be fined in any