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PILGRIMAGE OF MOTHERS AND WIDOWS OF SOLDIERS AND SAILORS IN EUROPEAN CEMETERIES

JANUARY 31, 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. 4138]

The Committee on Military Affairs to whom was referred the bill (H. R. 4138) to amend the act of March 2, 1929, 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," introduced by Mr. Simmons, having considered the same, report thereon with the recommendation that it do pass with the following amendments: Section 1, page 2, line 6, after the word "occurred" insert "at sea or"; after the word "but" insert "whose".

Page 2, line 7, change the word "cases" to "case".

Page 2, line 9, strike out "known cemeteries" and insert in lieu thereof "identified graves in cemeteries in Europe".

Section 2, page 2, line 14, strike out the period and after the word "pilgrimage" add "at Government expense"

After section 2, add a new section to the bill, as follows:

SEC. 3. That paragraph (a), section 4, be amended to read as follows: "The term 'mother' means mother, step-mother, mother through adoption, or any woman who stood in loco parentis to the deceased member of the military or naval forces for a period of not less than five years at any time prior to the soldier, sailor, or marine becoming eighteen years of age."

The amendments to section 1 are merely to clarify the language. The amendments to section 2 will permit those persons entitled under the act to make the pilgrimage to make one trip at Government expense regardless of the fact that previous trips may have been made at their own personal expense.

The amendment adding section 3 is to interpret the meaning of the term "in loco parentis." This amendment will enable about 400 additional women to make the trip.

The law, with any language struck out indicated by black brackets and the proposed amendments shown in italics, is as follows:

[PUBLIC NO. 952-70TH 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 those 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] wherein death and burial of the member occurred at sea or wherein the death of the member occurred at sea or overseas but whose place of interment is unknown, the same as is provided in the case of mothers and widows of members of said forces whose remains are now interred in [such cemeteries] identified graves in cemeteries in Europe [such pilgrimages shall be made] at the expense of the United States and under the conditions set forth in section 2 of said act.

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 at Government expense [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. 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.

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 forces] a period of not less than five years at any time prior to the soldier, sailor, or marine becoming eighteen years of age.

(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.

Your committee held hearings on this and similar measures to amend the act providing for pilgrimages to European cemeteries of mothers whose sons, and widows (not remarried) whose husbands, were killed or died in Europe during the World War while members of the American Expeditionary Forces. In consequence of these hearings a liberalization of the terms was determined upon in order that the mothers and widows of the unknown dead and those buried at sea may be permitted to take the trip. Many cases have arisen, also, where a person who acted as a parent to a deceased soldier, sailor, or marine are barred from the benefits of the act by reason of the fact that the soldier, sailor, or marine had reached his majority before entering the service.

The effect of the amendments to the act and the additional numbers of persons entitled to the trip is explained by General Cheatham, who has been in charge of preparations for the trip, as follows:

This entire movement is expressing the will of Congress. Congress itself initiated this movement. I think I speak for the Secretary in saying he is very anxious to carry out the will of Congress and any extension of the privilege granted by this act is entirely in the hands of Congress. We can tell you the physical effect of each one of those amendments and I think that, probably, is the information you want. It is not a question of opinion as to what I think about the efficacy of that act; it is a question of the effect. Now I am prepared, in general, to give you the effect of each of those proposed amendments.

For instance, I have told you a more liberal interpretation of "loco parentis," as far as we know, will bring about approximately 400 additional people. There is no doubt in the world that General Speaks presented a phase which should be watched. There will be and have already been certain efforts to include women who, from no point of view, as we see it, would be entitled to go. On the other hand, some extremely meritorious cases, cases of absolute right, as we see it, have been denied because of the interpretation of this law.

We would be very glad to have some clarification of the wishes of the committee on this loco parentis item.

Very briefly, a sister actually raised this boy from four years of age up to his becoming of age. He joined the Army when he was 22 years of age. Under our interpretation of the act, she can not stand in loco parentis to a grown man. Now if ever a mother is entitled to this trip, she is. His mother died when he was four years old. What stronger case can there be than that? Yet I denied her. It almost broke my heart to sign the letter, but I denied her. We can not help it under the law as it now stands.

Mr. MCSWAIN. Would you mind stating the effect of liberalizing the act so that it might include mothers who have already made the pilgrimage at their own expense, or at the expense of charitable organizations?

General CHEATHAM. We have a very inadequate estimate of that, Mr. McSwain. Our best information is it will be, approximately, 2,000, and will run in the neighborhood of a million and a half dollars. We have actually on the list 334; we have actually that many who have already applied and we have assumed that a good many, knowing about the law as it now reads, have not applied. But from the best available data that we can get, which is little better than a guess, it will be somewhere around 2,000. That is very inaccurate.

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Mr. RANSLEY. General, my understanding is there are 3,800 that can not be located. What provision has been made for those cases?

We

General CHEATHAM. We have understood the act to include known burials only. Speaking now from my memory, subject to correcting the figures in the hearing, there are about 1,700 men buried in France under the general designation of "unknown." These bodies have been found; they have been placed in the cemeteries and the cross over them bears the inscription "unknown." know they are American soldiers, but we do not know their identity. In addition to that, there are about 1,100 missing men, men known to have been killed or believed to have been killed whose bodies have not been found, covering cases like the one mentioned a few minutes ago of the shell landing in the shell hole and killing all of the men and mutilating them.

There are 2,800 cases, as my memory serves me, which would be affected by this amendment which provides for those. And I think that amendment also provides for those known to have been buried or lost at sea, so that would add an indefinite number, because we have had no correspondence concerning them, nor do we know the percentage of those men who have mothers and widows living. Mr. QUIN. It is not contemplated they will ever be known, is it, those who are buried there and not known now?

General CHEATHAM. Strange as it may seem, we do make, from time to time, positive indentifications. We have every mark possible, teeth charts, and all that sort of thing. It is very unlikely, however, Mr. Quin, that any one buried will be identified positively in the future.

Mr. QUIN. In view of that fact then, you need not count any expense so far as that 2,800 are concerned, need you?

General CHEATHAM. Under this amendment the mothers of those men are now being given the privilege of going to France. That is provided in an amendment to this bill.

Mr. QUIN. Not with the hope of knowing the graves?

General CHEATHAM. No; but under this amendment they will be entitled to make the pilgrimage and to go to some cemetery.

Mr. WAINWRIGHT. In other words, the mother whose son went overseas and whose fate is unknown, they do not know what became of him, there is a possibility he was buried in one of those unknown graves and she would have the opportunity to go.

General CHEATHAM. That is the effect of this amendment; yes, sir.

The author of this bill, Hon. Robert G. Simmons stated:

Mr. Chairman and members of the committee, H. R. 4138 had its genesis in the desire on my part to take care of two mothers in my district, one the mother of a sailor who died at sea, who went down in a submarine, as I understand it, and the other the mother of one of these unknown soldiers. Like every mother in that entire group, I think she feels that the unknown soldier at Arlington may be her boy

My own thought, Mr. Chairman, is that we can not honor enough the goldstar mothers, but the mother who is able to go to France and say "here lies my boy," she has some comfort. The mother who is not able to go to any place and say "here lies my boy," never will have that comfort. She is paying the greatest price. It is my understanding that the names of that group of missing, thirty-eight hundred and some odd, according to my information, will be carved in the chapels that are being erected in France so that the mother of the unknown can go over there and say "there is the name of my boy."

After I introduced that bill the gold-star mothers of the American war mothers became interested in it and H. R. 4138, the general bill under which I understand the hearings are being held, is their bill, offered by them and introduced just as they have submitted it to me.

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The proposed amendments are urged by a committee of the goldstar mothers of the American war mothers. Mrs. Ethel Nock, chairman, stated there are 3,839 missing, and that 667 men of the Navy and Coast Guard and 206 men of the Army were lost in European waters.

The maximum estimates indicate the mothers and unmarried widows of 7,112 deceased soldiers, sailors, and marines will be entitled to make the pilgrimage in addition to those provided for in the present law.

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