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DEPARTMENT OF COMMERCE,

OFFICE OF THE SECRETARY,
Washington, January 21, 1930.

Hon. S. WALLACE DEMPSEY,

Chairman Committee on Rivers and Harbors,

House of Representatives, Washington, D. C.

MY DEAR CONGRESSMAN: I have your letter of the 6th ultimo, requesting a report from this department on H. R. 4767, entitled "To authorize sale of iron pier in Delaware Bay near Lewes, Del."

For the information of your committee, I am inclosing herewith a memorandum dated December 18, 1929, from the Commissioner of Lighthouses, regarding this bill, also a letter from the Director of the Bureau of the Budget, dated January 21, 1930.

Very truly yours,

E. F. MORGAN. Acting Secretary of Commerce.

DEPARTMENT OF COMMERCE,
BUREAU OF LIGHTHOUSES,

Washington, December 18, 1929.

Memorandum for the Secretary of Commerce.

1. Referring to letter of December 6, 1929, from Hon. S. Wallace Dempsey, chairman of the Committee on Rivers and Harbors, requesting a report on H. R. 4767, authorizing the sale of iron pier in Delaware Bay near Lewes, Del.

2. A small portion of this pier has been utilized by the superintendent of lighthouses, Philadelphia, Pa., without cost, for the storage of buoys for emergency use in his district and for convenience in connection with the relief of buoys in that vicinity. It is not considered advisable, however, for the Lighthouse Service to take over any portion of this pier, on account of the large expenditure that would be involved for repairs and upkeep. It is considered that it would be more economical to make other arrangements in the locality in the event that a satisfactory lease covering a small portion of the pier from the purchaser could not be arranged.

3. Therefore, so far as the Lighthouse Service is concerned, there is no objection to the sale of the pier, and report on H. R. 4767 may be made accordingly by the department.

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G. R. PUTNAM, Commissioner of Lighthouses.

JANUARY 21, 1930.

MY DEAR MR. SECRETARY: I have the department's letter of the 20th ultimo concerning H. R. 4767, a bill "To authorize sale of iron pier in Delaware Bay, near Lewes, Del."

You are advised that the proposed legislation would not be in conflict with the financial program of the President.

The inclosures accompanying the letter are returned herewith.

Sincerely yours,

J. CLAWSON ROOP, Director.

71ST CONGRESS HOUSE OF REPRESENTATIVES 2d Session

PILGRIMAGE OF MOTHERS AND WIDOWS OF DECEASED SOLDIERS, SAILORS, AND MARINES TO CEMETERIES IN EUROPE

JANUARY 27, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mrs. KAHN, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 8527]

The Committee on Military Affairs, to whom was referred the bill (H. R. 8527) to amend the act entitled "An act to enable the mothers and widows of the deceased soldiers, sailors, and marines of the American forces now interred in the cemeteries of Europe to make a pilgrimage to these cemeteries," approved March 2, 1929, introduced by Mrs. Kahn, having considered the same, report thereon with the recommendation that it do pass with the following amendments: Page 2, line 7, after the period insert a new sentence, as follows: In the event of the death of a mother or widow while engaged upon the pilgrimage herein provided for, the United States shall pay the cost of preparation of the body for burial (including the cost of a suitable casket) and transportation of same with escort to the home of the deceased.

Line 11, after the word "failure", add a new section, as follows: SEC. 2. That section 3 of said act be, and the same is hereby, amended by adding two new paragraphs, as follows:

"(a) In carrying into effect the provisions of this act the Secretary of War is authorized to do all things necessary to accomplish the purpose prescribed, by contract or otherwise, with or without advertising, including the engagement, by contract or otherwise, of such personal services as may be necessary without regard to civil-service requirements and restrictions of laws governing the employment and compensation of employees of the United States, and to detail for duty in connection with the pilgrimage such officers of the Army of the United States for such time as may be necessary without regard to existing laws and regulations governing the detail of officers. Any appropriations for carrying this act into effect shall be available for the payment in advance of such per diem allowance in lieu of subsistence and other traveling expenses as may be prescribed by the Secretary of War for the travel of pilgrims and for the payment of mileage, reimbursement of actual traveling expenses or per diem in lieu thereof, as authorized by law, to officers of the Army, and pay and traveling expenses of civilian employees, including civilian employees of the War Department who may be temporarily detailed for this service.

"(b) The Secretary of War may detail to active duty in connection with the execution of the provisions of this act and any amendments thereto, Major General B. F. Cheatham, United States Army, retired, who while on such active duty shall receive the full pay and allowances of a major general on the active list, notwithstanding existing laws relative to the pay of officers of the Army."

The language of the law, with the proposed amendments shown in italics, is as follows:

[PUBLIC-No. 952–70тH CONGRESS]

[S. 5332]

AN ACT To enable the mothers and widows of the deceased soldiers, sailors, and marines of the American forces now interred in the cemeteries of Europe to make a pilgrimage to these cemeteries

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is hereby authorized to arrange for pilgrimages to cemeteries in Europe by mothers and widows of members of the military or naval forces of the United States who died in the military or naval service at any time between April 5, 1917, and July 1, 1921, and whose remains are now interred in such cemeteries. Such pilgrimages shall be made at the expense of the United States under the conditions set forth in section 2.

SEC. 2. The conditions under which such pilgrimages may be made are as follows:

(a) Invitations to make the pilgrimages shall be extended in the name of the United States to the mothers and widows for whom the pilgrimages are authorized to be arranged under section 1.

(b) Upon acceptance of the invitation the mother or widow shall be entitled to make one such pilgrimage; but no mother or widow who has previous to the pilgrimage visited cemeteries described in section 1 shall be entitled to make any such pilgrimage, and no mother or widow shall be entitled to make more than one such pilgrimage.

(c) The pilgrimages shall be made at such times during the period from May 1, 1930, to October 31, 1933, as may be designated by the Secretary of War. (d) For the purpose of the pilgrimages the Secretary of State shall (1) issue special passports, limited to the duration of the pilgrimage, to mothers and widows making the pilgrimages and to such personnel as may be selected to accompany and/or arrange for the pilgrimages, if such mothers, widows, and personnel are citizens of the United States, and (2) issue suitable travel documents, if aliens. No fee for either of such documents or for any application therefor shall be charged. Such alien mothers, widows, and personnel shall be permitted to return and be granted admission to the United States without regard to any law, convention, or treaty relating to the immigration or exclusion of aliens, if the return is made within the period covered by the pilgrimage of the particular group or, in the case of personnel, within such times as the Secretary of War shall by regulation prescribe; except that in any case of unavoidable detention the Secretary of War may extend in such case the time during which return may be made without regard to such laws, conventions, or treaties.

(e) The pilgrimages shall be by the shortest practicable route and for the shortest practicable time, to be designated by the Secretary of War. No mother or widow shall be provided for at Government expense in Europe for a longer period than two weeks from the time of disembarkation in Europe to the time of reembarkation in Europe, except in case of illness or other unavoidable cause. In the event of the death of a mother or widow while engaged upon the pilgrimage herein provided for, the United States shall pay the cost of preparation of the body for burial (including the cost of a suitable casket) and transportation of same with escort to the home of the deceased. In the case of any mother or widow willfully failing to continue the pilgrimage of her particular group, the United States shall not incur or be subject to any expense with regard to her pilgrimage after such failure. (f) Vessels owned or operated by the United States Government or any agency thereof shall be used for transportation at sea wherever practicable.

(g) Suitable transportation, accommodations, meals, and other necessities pertaining thereto, as prescribed by the Secretary of War, shall be furnished each mother or widow included in any pilgrimage for the entire distance at sea and on land and while sojourning in Europe and while en route in the United States from home to port and from port to home. Cabin-class accommodations

shall be furnished for all transportation at sea. No mother or widow shall be entitled, by reason of any payment made by or for her, to be furnished by the Government with transportation, accommodations, meals, and other necessities pertaining thereto different in kind from those prescribed by the Secretary of War for the pilgrimage of the particular group.

(h) All pilgrimages shall be made in accordance with such regulations as the Secretary of War may from time to time prescribe as to the time, route, itineraries, composition of groups, accommodations, transportation, program, arrangements, management, and other matters pertaining to such pilgrimages.

SEC. 3. There are authorized to be appropriated such sums as may be necessary to carry into effect the provisions of this act. The Secretary of War is directed to make an investigation for the purpose of determining (1) the total numbers of mothers and widows entitled to make the pilgrimages, (2) the number of such mothers and widows who desire to make the pilgrimages and the number who desire to make the pilgrimages during the calendar year 1930, and (3) the probable cost of the pilgrimages to be made. The Secretary of War shall report to the Congress not later than December 15, 1929, the results of such investigation.

(a) In carrying into effect the provisions of this act the Secretary of War is authorized to do all things necessary to accomplish the purpose prescribed, by contract or otherwise, with or without advertising, including the engagement by contract or otherwise of such personal services as may be necessary without regard to civil-service requirements and restrictions of laws governing the employment and compensation of employees of the United States, and to detail for duty in connection with the pilgrimage such officers of the Army of the United States for such time as may be necessary without regard to existing laws and regulations governing the detail of officers. Any appropriations for carrying this act into effect shall be available for the payment in advance of such per diem allowance in lieu of subsistence and other traveling expenses as may be prescribed by the Secretary of War for the travel of pilgrims and for the payment of mileage, reimbursement of actual traveling expenses or per diem in lieu thereof, as authorized by law, to officers of the Army, and pay and traveling expenses of civilian employees, including civilian employees of the War Department who may be temporarily detailed for this service.

(b) The Secretary of War may detail to active duty in connection with the execu tion of the provisions of this act and any amendments thereto, Major General B. F Cheatham, United States Army, retired, who while on such active duty shall receive the full pay and allowances of a major general on the active list, notwithstanding existing laws relative to the pay of officers of the Army.

SEC. 4. As used in this act

(a) The term "mother" means mother, stepmother, mother through adoption, or any woman who stood in loco parentis to the deceased member of the military or naval forces for the year prior to the commencement of his service in such force.

(b) The term "widow" means a widow who has not remarried since the death of the member of the military or naval forces. Approved, March 2, 1929.

When the legislation for the pilgrimage of the mothers and widows. of members of the Army and Navy buried in Europe was enacted there was little or no information as to the details of the proposition. The Secretary of War was given complete charge of the pilgrimage and Maj. Gen. B. F. Cheatham, Quartermaster General, was given active control. In working out the details it has become apparent certain amendments to the law are necessary in order that it may be carried into effect with the fullest degree of consideration for those making the pilgrimage, and that the War Department may have the necessary personnel on this particular work.

The purpose to be accomplished by these amendments to the act of March 2, 1929, and the reasons therefor are as follows:

Paragraph (e) of section 2 of the act approved March 2, 1929, provides that "No mother or widow shall be provided for at Government expense in Europe for a longer period than two weeks from the time of disembarkation in Europe to the time of reembarkation

in Europe." The purpose of the amendment to this paragraph by the addition of the words "except in case of illness or other unavoidable cause" is to provide for payment by the Government of the expenses of mothers and widows who, due to illness or other unavoidable cause, may be detained in Europe beyond the two weeks' period specified by existing law. This amendment will permit of the payment of expenses of such mothers and widows as may be taken ill and for this reason are unable to continue the pilgrimage with their particular group. It will also permit of the payment of the expenses of mothers and widows who may be unavoidably detained in Europe due to no fault of their own nor of the Government on account of storms at sea, fires, strikes, and other delays of a similar nature.

Many of the mothers who will make the pilgrimage to the cemeteries of Europe are advanced in years and in feeble health, and it is anticipated that some may die while engaged upon the pilgrimage. Provision for the preparation of their remains for burial and transportation with an escort to their homes at Government expense is necessary.

The arrangements for the conduct of the pilgrimage differ from the normal business arrangements of the Government and in the conduct of the pilgrimage it is considered necessary to give the Secretary of War complete authority to do those things which he considers necessary to accomplish the purpose prescribed without demanding conformity to the existing laws and regulations governing the engagement of services. The employees needed in connection with the pilgrimage will be required for varying lengths of time and the Secretary of War should be authorized to employ them for such periods as may be necessary and to discharge them when the necessity for their employment no longer exists.

It is the purpose of the War Department to use officers of the Army to conduct the pilgrimage and the amendment will permit the Secretary of War to detail such officers as may be necessary. Removal of the restrictions imposed by existing laws and regulations governing the detail of officers will give the Secretary of War full authority to employ any officer of the Army whom he desires to detail for the duty.

All pilgrimages are to be made at the expense of the United States which includes all expenses incurred from the time a mother or widow leaves her home until she returns thereto. In order to accomplish this it will be necessary to advance funds for traveling expenses to the mothers and widows beiore they leave their homes for the port of embarkation and before they leave the port of debarkation for their homes. It will also be necessary in the case of those mothers and widows who visit isolated graves in Europe to advance funds for the payment of their traveling expenses while journeying from the port of debarkation to the cemeteries and until their return to the port of reembarkation.

It is desirable that the payment of mileage and travel expenses of officers and the pay and travel expenses of civilian employees who may be engaged in the execution of the act of March 2, 1929, shall be paid from the appropriations made for the conduct of the pilgrimage and not from existing appropriations made for the support of the War Department.

Maj. Gen. B. F. Cheatham, United States Army, retired, while serving as the Quartermaster General of the Army, prepared all of

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