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entitled to this six months' gratuity that certainly the dependents of those who died in the past are entitled to it as well.

There are at the present time about 9,000 men in the Fleet Naval Reserve out of which 250 with 16 years' service and 48 with 20 years' service are on active duty in the Navy. The department has planned ahead to 1935 and figure that in 1935 the above total on active duty will be cut to 60.

The department's figures show that the retroactive provision will affect 25 people at $900.

The following letter from the Secretary of the Navy, addressed to the chairman of the Committee on Naval Affairs, clearly sets forth the views and recommendations of the Navy Department and is hereby made a part of this report:

NAVY DEPARTMENT, Washington, September 30, 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 May 15, 1929, transmitting the bill (H. R. 2942) authorizing payment of six months' death gratuity to beneficiaries of transferred members of the Fleet Naval Reserve and Fleet Marine Corps Reserve who die while on active duty, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows:

The purpose of this bill is to provide that the provisions of the act of June 4, 1920, which authorized the payment of an amount equal to six months' pay to the beneficiaries of personnel of the regular Navy or Marine Corps, and retired personnel of the Navy and Marine Corps, when on active duty, shall be extended to transferred members of the Fleet Naval Reserve and Fleet Marine Corps Reserve who die while on active duty, and not as a result of their own misconduct, and providing that the act shall be retroactive to June 4, 1920.

It is believed that although the provisions of the act of June 4, 1920, allowing six months' gratuity to dependents of personnel of the Navy and Marine Corps who die on active duty specifically restricted such gratuity to personnel of the regular Navy and Marine Corps, yet in justice to men of the Fleet Reserve, which is an extension of the regular services and is composed wholly of men formerly in the regular services, this gratuity should be allowed their dependents if the death of the man occurs while on active duty in the service of the Navy and of the Government.

The cost of the bill H. R. 2942, if enacted, is estimated at $3,300 per year in the future, and $13,500 for back payments as authorized by the final proviso.

The bill H. R. 2942 was referred to the Bureau of the Budget with the above information as to cost. Under date of August 2, 1929, the Director of the Bureau of the Budget advised the Navy Department that the expenditure contemplated by this proposed legislation would not be in accord with the financial program of the President, but would not be in conflict therewith if the provision making the proposed legislation retroactive be omitted. The bill H. R. 2942 is similar in language to the bill H. R. 16445 introduced in the Seventieth Congress.

In view of the foregoing, the Navy Department recommends against the enactment of the bill H. R. 2942, but recommends further that it be enacted if the retroactive clause be omitted

Sincerely yours,

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RESTORATION OF THE FRIGATE "CONSTITUTION"

MARCH 18, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. FRENCH, from the Committee on Appropriations, submitted the

following

REPORT

[To accompany H. J. Res. 264]

The Committee on Appropriations, to whom was referred House Joint Resolution 264, making an appropriation to complete the restoration of the frigate Constitution, reports the same favorably without amendment.

By act approved March 4, 1925 (43 Stat. 1278), it was provided, "That the Secretary of the Navy is hereby authorized to repair, equip, and restore the frigate Constitution, as far as may be practicable, to her original condition, but not for active service: Provided, That the Secretary of the Navy is further authorized to accept and use any donations or contributions which may be offered for the aforesaid purpose."

The work of restoring the Constitution is being done at the Boston Navy Yard, where it was started in April, 1927, and has been carried forward entirely without Federal funds up to the present time. Of course, yard facilities have been used and the work has proceeded under the superintendence of naval personnel.

Only a few days ago it was brought to the attention of the committee that contributed funds, practically would become exhausted on the first of this month (March), that little more could be expected from this source, and that to carry the work forward and to completion it would be necessary for the Government to appropriate the balance of $300,000 estimated as necessary to effect complete restoration. It may be and, in fact, it is rather expected, that further contributions will be made but in negligible amounts, and to the extent that they may be made the appropriation now proposed will not be used.

The status of the fund for restoring the Constitution, as of November 30, 1929, inclusive, was as follows:

Amount collected; donations, sales of pictures and souvenirs.... Miscellaneous expenses including cost of pictures and souvenirs for sale for benefit of the fund, and other expenses of collection...

Net amount available....

Expenditures for work on the vessel..

Balance....

$872, 627. 69

283, 382. 86

589, 244.83

525, 147. 22

64, 097. 61

In addition to the funds collected, donations of materials have been received at an estimated value of $43,000.

At the present time the main framing and about 95 per cent of all the outside planking and ceiling has been completed. All the decks have been installed, and all have been caulked and payed with the exception of the orlop deck. The underwater body is completely caulked and painted, ready to receive the felt and copper sheathing, with the exception of the portion in way of the cradles in which the ship is docked. The bowsprit has been installed, and the lowermasts and main tops are about 90 per cent completed, ready for installation when the vessel is undocked. The upper masts are about 70 per cent completed, but no work has yet been done on the yards or booms. The main bulkheads below the orlop deck are 80 per cent completed, but no joiner work has been installed. The gun ports have been cut and are nearly finished, ready to receive the gun-port shutters. The galley, bitts, chain compressors, chain pipes, ring bolts, etc., have been installed. About 98 per cent of the work on the stanchions throughout the various decks is completed. The waist rails have been installed and the main rails have been installed except away forward.

The expenditures thus far have been limited to work which should be undertaken while the vessel is in dock, and in addition work on the lowermasts was undertaken owing to the amount of sparmaker's work to be done and the limited number of skilled men available. The manufacture of cordage has not been undertaken with the exception of the bolt rope for the sails. All of the main materials which will be required to complete the ship proper, the masts and the rigging and sails, is on hand. No work has been done on the battery except to install the fittings used in connection with the operation of the gun carriages.

The Constitution, a 44-gun frigate of 140-tons displacement, was built originally at Hart's Shipyard, Boston, Mass. The keel was laid in November, 1794, and the vessel was first commissioned in 1798. The original cost was $400,000. In the war with Barbary pirates she was Commander Preble's flagship and took part in several bombardments of Tripoli. On August 19, 1812, she fought her famous battle with the British frigate Guerriere, off Cape Race. In 1828 the Constitution was condemned as unseaworthy and was ordered to be destroyed, but popular sentiment, aroused particularly by Holmes's poem, Old Ironsides, forced the abandonment of the project, and the Constitution was rebuilt in 1833.

Some of her famed commanders were Capts. Samuel Nicholson, Silas Talbot, Edward Preble, John Rogers, and Isaac Hull.

The Constitution has been wholly or partly restored on three or four previous occasions.

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EXTENDING TIME FOR PREFERENCE RIGHT OF HONORABLY DISCHARGED SOLDIERS, SAILORS, AND MARINES TO ENTER PUBLIC LANDS UNDER HOMESTEAD OR DESERT LAND LAWS

MARCH 18, 1930.-Referred to the House Calendar and ordered to be printed

Mr. SWING, from the Committee on the Public Lands, submitted the following

REPORT

[To accompany H. J. Res. 181]

The Committee on the Public Lands, to whom was referred the joint resolution (H. J. Res. 181) to amend a joint resolution entitled "Joint resolution giving to discharged soldiers, sailors, and marines a preferred right of homestead entry," approved February 14, 1920, as amended January 21, 1922, having considered the same, report the joint resolution back with a favorable recommendation that it do pass with the following amendments:

On page 1, line 5, insert, after the figures "1920," the following: "as amended by joint resolution approved January 21, 1922, and as extended by joint resolution approved December 28, 1922."

On page 1, line 8, strike out the words "the passage of this joint resolution," and insert in lieu thereof "February 14, 1930".

On page 2, line 6, strike out the words "the war with Germany" and insert in lieu thereof the words "any war, military occupation, or military expedition".

On page 2, line 13, after the semicolon, insert:

Provided, That for the purposes of this resolution the war with Spain shall be considered to include the period from April 21, 1898, to July 4, 1902.

On page 2, line 13, following the preceding amendment, insert the following:

Provided further, That the same preference rights are hereby extended to apply to those citizens of the United States who served with the allied armies during the World War and who were honorably discharged, upon their resumption of citizenship in the United States, provided the service with the allied armies shall be similar to the service with the Army of the United States, for which recognition is granted in this joint resolution.

On page 2, line 13, after the word "Provided," insert the word "further,"

Amend the title by striking out the period at the end thereof and adding "and as extended December 28, 1922."

The joint resolutions heretofore referred to and embodied at the end of this report gave to honorably discharged soldiers, sailors, and marines of the United States Army and Navy and those who rendered similar service with our allies a preference right for a period of 10 years to enter public lands under the homestead and desert land laws. These previous enactments expired February 14, 1930. The privileges extended in the past have been very much appreciated by the ex-service men, who have availed themselves of the preference rights in considerable numbers.

There are more disabled American veterans in hospitals to-day than in any previous period, including the time when the World War was at its height. Many of these, because of their disabilities when discharged, are being advsied that they must live out of doors and away from cities. There will continue to be for at least another period of 10 years a substantial demand for public lands for homes for veterans.

There are a number of proposed openings or restorations to entry of public lands pending in the General Land Office, but the Interior Department has agreed to defer these openings and restorations until Congress shall have an opportunity to act upon this legislation.

National representatives from the various service men's organizations appeared and expressed the interest of their organizations in the passage of this legislation-among them, the American Legion, the Disabled American Veterans of the World War, the Veterans of Foreign Wars, and the Spanish War Veterans.

There has been complaint heretofore that the legislation on this subject ignored Spanish War veterans and veterans of other wars. The committee was of the opinion that veterans of all wars should be put upon a parity and therefore adopted the amendment striking out the "war with Germany" and inserting "any war, military occupation, or military expedition". The actual number of applicants for public lands added thereby will be relatively small. The World War veterans were not opposed to this expansion. The other amendments were adopted primarily at the suggestion of the Interior Department, whose favorable report is as follows:

Hon. DoN B. COLTON,

DEPARTMENT OF THE INTERIOR,
Washington, February 3, 1930.

Chairman Committee on the Public Lands,

House of Representatives.

MY DEAR MR. CHAIRMAN: There is transmitted herewith, in response to your request of December 26, 1929, for an opinion as to the merits of H. J. Res. 181, a memorandum that has been prepared by the Commissioner of the General Land Office. After a review of the situation, I am in full agreement with Commissioner Moore in his favorable report.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,

Washington, January 7, 1930.

Memorandum for the Secretary.

The purpose of the legislation embodied in House Joint Resolution No. 181 is evidently to extend the provisions of Public Resolution No. 29 approved February 14, 1920 (41 Stat. 434), as amended by Joint Resolution No. 30 approved

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