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advised the Navy Department that this report is not in conflict with the financial program of the President.

In view of the foregoing, the Navy Department recommends that this bill be not enacted.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL To correct the naval record of Simon A. Richardson

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized and directed to correct the naval record of Simon A. Richardson so that it shall appear that he enlisted on May 26, 1898.

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[No. 142]

FOR THE RELIEF OF ELI FILDES, CHIEF MACHINIST'S MATE, UNITED STATES NAVY, RETIRED (H. R. 16263)

MM-Fildes, Eli/P19-2 (270114) L. NAVY DEPARTMENT, Washington, February 12, 1927.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of January 14, 1927, transmitting the bill (H. R. 16263) for the relief of Eli Fildes, chief machinist's mate, United States Navy, retired, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows:

The proposed legislation, if enacted, will entitle Fildes, who was retired while holding an acting appointment as a chief machinist's mate, United States Navy, to be held and considered to have been transferred to the retired list of the Navy while holding the rating of chief machinist's mate on the active list, with permanent appointment, and he will be entitled to the retired pay and allowances of a chief machinist's mate, retired, with permanent appointment, from the date of enactment of this proposed bill.

The records of the Navy Department show that Eli Fildes first enlisted in the Navy under the name of Edward Ford on November 1, 1886, and served until October 31, 1889, when he was given an honorable discharge; that he reenlisted in the Navy on December 19, 1889, to serve for a period of three years, and was declared a deserter on July 6, 1892. He reenlisted in the Navy on January 5, 1893, under the name of Owen Edwards, and served until August 31, 1895, when he was discharged at his own request with a good discharge. He reenlisted in the Navy on February 14, 1898, under the name of Edward Owen, and served until February 6, 1901, when he was honorably discharged.

On March 16, 1905, Fildes had his name changed from that of Edward Owen, alias Edward Ford, to Eli Fildes, and on March 20, 1905, enlisted under this name and served until March 19, 1909, when he was given an honorable discharge. He again enlisted in the Navy on March 20, 1909, and served until November 6, 1911, when by order of the Secretary of the Navy he was placed on the retired list, having served 30 years and 15 days, counting his service during the Spanish-American War as double time.

At the time of Fildes's retirement there was no difference between the pay of a chief machinist's mate with permanent appointment and one with acting appointment, so that the bill as drawn would not affect his pay, if enacted. As it is evidently the intention that Fildes secure the benefit of the present pay act, it is suggested that the bill be amended by striking out the word "of" in line 10, after the

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word "allowances," and inserting the words "provided by existing law for."

The bill H. R. 16263 was referred to the Bureau of the Budget with the above information and a statement that the Navy Department contemplated making an unfavorable recommendation against this bill for the reason that it is not for the general good of the naval service. Under date of February 7, 1927, the Director of the Bureau of the Budget advised the Navy Department that this report would not be in conflict with the financial program of the President.

In view of the foregoing, the Navy Department recommends that this bill be not enacted.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL For the relief of Eli Fildes, chief machinist's mate, United States Navy, retired Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Eli Fildes, chief machinist's mate, United States Navy, retired, who was retired while holding an acting appointment in said rating, shall hereafter be held and considered to have been transferred to the retired list of the United States Navy while holding the rating of a chief machinist's mate on the active list, with permanent appointment, and the said Fildes shall, from the date of this act, be entitled to the retired pay and allowances of a chief machinist's mate, retired, with permanent appointment.

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[No. 143]

FOR THE RELIEF OF HUGH FLAHERTY (H. R. 16032)

MM-Flaherty, Hugh/P19-1(270108) L.

NAVY DEPARTMENT, Washington, February 12, 1927.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of January 8, 1927, transmitting the bill (H. R. 16032) for the relief of Hugh Flaherty, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows:

The purpose of this proposed legislation is to place Hugh Flaherty in the status of one discharged honorably from the United States Marine Corps so that any laws conferring rights, privileges, and benefits upon honorably discharged marines will apply to him.

The records of the Navy Department show that Hugh Flaherty enlisted in the Marine Corps as a private to serve five years on July 20, 1897, and served as follows:

Navy yard, Boston, Mass., July 20-29, 1897.

Navy yard, New York, N. Y., July 30, 1897-August 25, 1898.
U. S. Š. Indiana, August 26, 1898-August 31, 1898.

Navy yard, New York, N. Y., September 1, 1898-December 3, 1898.

U. S. S. Newark, December 4, 1898-February 6, 1899.

Navy yard, New York, N. Y., February 7, 1899-April 22, 1899. Private Flaherty was discharged April 22, 1899, upon the recommendation of a board of survey held at the naval hospital, New York, which found him unfit for the service by reason of syphilis of venereal origin, not in line of duty. During his service he committed no offenses of record, and, upon discharge, was given character excellent.

It is noted that the bill in line 8 fixes July 20, 1897, as the date on which Flaherty shall be considered to have been honorably discharged. As this is the date he enlisted, it is suggested that the words and figures "20th day of July, 1897," appearing in line 8, be stricken out and in lieu thereof the words and figures "21st day of April, 1899," be inserted.

The bill H. R. 16032, was referred to the Director of the Bureau of the Budget with the information that the proposed legislation would not involve any charge against appropriations under the cognizance of the Navy Department, but in view of the fact that the proposed legislation is not for the general good of the naval service (787)

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and would encourage others to seek similar legislation, the Navy Department contemplated recommending that this bill be not enacted. Under date of February 7, 1927, the Director of the Bureau of the Budget advised the Navy Department that this report is not in conflict with the financial program of the President.

In view of the foregoing, the Navy Department recommends that this bill be not enacted.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL For the relief of Hugh Flaherty

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged marines, Hugh Flaherty, who served on board the United States ship Indiana during the war with Spain, hereafter be held and considered to have been discharged honorably from the United States Marine Corps on the 20th day of July, 1897.

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