EDWARD SWEENEY

MARCH 3, 1930.-Committed to the Committee of the Whole House and ordered to be printed

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

following

REPORT

[To accompany H. R. 2335]

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 2335) providing for the promotion of Chief Boatswain Edward Sweeney, United States Navy, retired, to the rank of lieutenant on the retired list of the Navy, having had the same under consideration, report favorably thereon and with the following amendments, recommend that the bill do pass. Amend title, after the word "lieutenant" insert "(junior grade)". Line 5, after the word "lieutenant" insert the words "(junior grade)".

Chief Boatswain Sweeney was born on April 1, 1864, and after serving as an enlisted man in the Navy for more than 18 years was appointed mate on July 1, 1905. He was appointed a boatswain on December 21, 1909; was promoted to chief boatswain on December 21, 1915; and was placed on the retired list in the latter rank on May 11, 1918, because of physical disability resulting from an incident of the service.

Chief Boatswain Sweeney's contemporaries who were temporarily appointed to commissioned rank in 1917 were temporarily promoted to lieutenant (junior grade) in October, 1917, and to lieutenant in July, 1918. If he had been eligible under the original law for temporary appointment as ensign, he would not have been temporarily promoted to lieutenant prior to the date of his retirement in 1918 but would have been a lieutenant (junior grade). For that reason the Navy Department recommends that the bill be not enacted in its present form but has no objection to the enactment of legislation providing for his advancement to the grade of lieutenant (junior grade) on the retired list, particularly in view of the fact that the legislative body immediately subsequent to the retirement of Mr. Sweeney

expressed its approval of legislation extending the privileges of the 1917 act to those individuals over 50 years of age.

On May 22, 1917, the President approved an act of Congress containing authority for the temporary appointment in commissioned grades of chief warrant and warrant officers under 50 years of age. In accordance with such authority practically all commissioned warrant officers of the Navy were given temporary appointments in the line or the staff corps of the Navy. Mr. Sweeney, however, was not eligible for such temporary appointment, since he had passed the maximum age limit of 50 years. On July 1, 1918, another act of Congress was approved by the President in which provision was made for the temporary appointment to commissioned grades of those warrant officers who were, because of age, not eligible therefor under the 1917 act. As noted above, Chief Boatswain Sweeney had been retired in May, 1918, and consequently did not come within the provisions of the act of 1918.

The committee feels that an injustice was done to Chief Boatswain Sweeney, that he had served the Government faithfully, and that the difference in his age should not militate against him as it has.

The following letter from the Secretary of the Navy, addressed to the chairman of the Committee on Naval Affairs of the House of Representatives, sets forth the views and recommendations of the department on the bill and is hereby made a part of this report: NAVY DEPARTMENT, Washington, September 16, 1929.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of April 30, 1929, transmitting the bill (H. R. 2335) providing for the promotion of Chief Boatswain Edward Sweeney, United States Navy, retired, to the rank of lieutenant on the retired list of the Navy, and requesting the views of the Navy Department relative thereto, I have the honor to advise you as follows:

The purpose of this bill is to advance Chief Boatswain Edward Sweeney, United States Navy, retired, to the grade of lieutenant on the retired list.

Chief Boatswain Sweeney was born on April 1, 1864, and after serving as an enlisted man in the Navy for more than 18 years was appointed mate on July 1, 1905. He was appointed a boatswain on December 21, 1909; was promoted to chief boatswain on December 21, 1915; and was placed on the retired list in the latter rank on May 11, 1918, because of physical disability resulting from an incident of the service.

On May 22, 1917, the President approved an act of Congress containing authority for the temporary appointment in commissioned grades of chief warrant and warrant officers under 50 years of age. In accordance with such authority practically all commissioned warrant officers of the Navy were given temporary appointments in the line or the staff corps of the Navy. Mr. Sweeney, however, was not eligible for such temporary appointment, since he had passed the maximum age limit of 50 years. On July 1, 1918, another act of Congress was approved by the President in which provision was made for the temporary appointment to commissioned grades of those warrant officers who were, because of age, not eligible therefor under the 1917 act. As noted above, Chief Boatswain Sweeney had been retired in May, 1918, and consequently did not come within the provisions of the act of 1918.

Chief Boatswain Sweeney's contemporaries who were temporarily appointed to commissioned rank in 1917 were temporarily promoted to lieutenant (junior grade) in October, 1917, and to lieutenant in July, 1918. If he had been eligible under the original law for temporary appointment as ensign he would not have been temporarily promoted to lieutenant prior to the date of his retirement in 1918, but would have been a lieutenant (junior grade). For that reason the Navy Department recommends that the bill be not enacted in its present form but has no objection to the enactment of legislation providing for his advancement to the grade of lieutenant (junior grade) on the retired list, particularly in view of

the fact that the legislative body immediately subsequent to the retirement of Mr. Sweeney expressed its approval of legislation extending the privileges of the 1917 act to those individuals over 50 years of age.

The bill H. R. 2335, if enacted in its present form, would result in an increased cost to the Government at the rate of $1,674 per annum. In the form above suggested the cost would be at the rate of $999 per annum.

The bill H. R. 2335 was referred to the Bureau of the Budget with the above information. Under date of June 7, 1929, the Director of the Bureau of the Budget advised the Navy Department that, in so far as the financial program of the President is concerned, there is no objection to the proposed report on this bill. The bill H. R. 2335 is similar in language to the bill H. R. 15034 introduced in the Seventieth Congress.

In view of the foregoing, the Navy Department recommends that the bill H. R. 2335 be enacted, if amended as indicated above.

Sincerely yours,

MARCH 4, 1930.-Referred to the House Calendar and ordered to be printed

Mr. WYANT, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 9931]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 9931) granting the consent of Congress to Berks County, State of Pennsylvania, to construct, maintain, and operate a free highway bridge across the Schuylkill River, having considered the same, report thereon with an amendment, and as so amended recommend that it pass.

Amend the title so as to read:

A bill granting the consent of Congress to Berks County, State of Pennsylvania, to construct, maintain, and operate a free highway bridge across the Schuylkill River at or near Reading, Pennsylvania.

The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached and which are made a part of this report.

WAR DEPARTMENT, February 26, 1980. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives.

So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration of the accompanying bill, H. R. 9931, Seventy-first Congress, second session, granting the consent of Congress to Berks County, State of Pennsylvania, to construct a free highway bridge across the Schuylkill River.

The Schuylkill River, is, however, wholly within the limits of the State of Pennsylvania, and the proposed bridge can consequently be authorized by State law and duly constructed, provided the plans are submitted to and approved by the Chief of Engineers and by the Secretary of War before construction is commenced, in conformity with the Federal law contained in section 9 of the river and harbor act of March 3, 1899. The enactment of this measure therefore appears to be unnecessary.

PATRICK J. HURLEY, Secretary of War,