[No. 144]

RELATING TO THE ADMISSION OF CANDIDATES TO THE NAVAL ACADEMY (H. R. 16874)

L.

NAVY DEPARTMENT, Washington, February 14, 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 recent date, transmitting the bill (H. R. 16874) relating to the admission of candidates to the Naval Academy, and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform you that the Navy Department has no objection to its enactment.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

A BILL Relating to the admission of candidates to the Naval Academy

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act to fix the age limits for candidates for admission to the United States Naval Academy," approved May 14, 1918, be amended by the addition of the following proviso:

"Provided further, That the foregoing shall not be held to exclude the admission of a candidate the twentieth anniversary of whose birth occurs on the 1st day of April of the calendar year in which he shall enter."

[No. 1451

HEARING ON THE BILL (H. R. 16874) Relating to THE ADMISSION OF CANDIDATES TO THE NAVAL ACADEMY

HOUSE OF REPRESENTATIVES,

COMMITTEE ON NAVAL AFFAIRS,

Thursday, February 10, 1927.

The committee this day met, Hon. Thomas S. Butler (chairman) presiding.

Mr. VINSON. Mr. Chairman, I suggest that we take up a little bill that Mr. Abernethy introduced, relating to the admission of candidates to the Naval Academy.

The CHAIRMAN. We will hear you, Mr. Abernethy.

STATEMENT OF HON. CHARLES L. ABERNETHY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NORTH CAROLINA

Mr. ABERNETHY. Mr. Chairman, this is the bill I have introduced, H. R. 16874, a bill relating to the admission of candidates to the Naval Academy, which provides:

That the act entitled "An act to fix the age limits for candidates for admission to the United States Naval Academy," approved May 14, 1918, be amended by the addition of the following proviso: "Provided further, That the foregoing shall not be held to exclude the admission of a candidate the twentieth anniversary of whose birth occurs on the 1st day of April of the calendar year in which he shall enter."

In other words, this is an amendment to the act which fixes the age limit for candidates for admission to the United States Naval Academy. The law says that no one who is more than 20 years of age on the 1st day of April in the year he enters is eligible. For instance, if a boy is born the 1st day of April, 1907, the Navy Department, through its legal advisers, has ruled that on the 1st day of April, 1927, he is more than 20 years of age. Now, that is contrary to the mathematics of it, but that is what they say it is. In other words, he is a day old before he is born, according to the way I look at their ruling; the legal department of the Navy says he is 20 years old the day before his twientieth birthday. The amendment that I am asking, I believe, meets the spirit of the original act. It does not extend the time in any way. It would only apply to a very few cases. Mr. PATTERSON. Does he enter on the 1st of April?

Mr. ABERNETHY. No; but the act says now that he shall not be more than 20 years of age on the 1s day of April of the year in which he enters. Now, the department holds, for instance, that although he is born the 1st day of April, 1907, he is more than 20 years of age on the 1st day of April, 1927.

The CHAIRMAN. If his birthday was the 1st of April, would he not complete his 20 years on the day before?

Mr. ABERNETHY. Not according to my contention. I have filed a brief on the subject with the department.

The CHAIRMAN. You want to make that a general law?

Mr. ABERNETHY. It is a general law, the way I have drawn it. It would only be applied occasionally. In the particular instance that was brought to my attention, and on which I filed a brief with the department, the Judge Advocate General ruled that the boy was more than 20 years old on the 1st day of April.

Mr. PATTERSON. That is, he is one day over?

Mr. ABERNETHY. Yes, sir; that is their ruling, but I can not figure it out that way.

Mr. PATTERSON. This amendment would only make a difference of one day?

Mr. MCCLINTIC. And it would only apply to those boys who were born on the 1st of April?

Mr. ABERNETHY. Yes, sir.

The CHAIRMAN. How about some boy who was born on the 5th of April and wants to have the same action taken in his case? This would only apply to candidates for admission to the Naval Academy whose birthday occurs on the 1st day of April. Why could you not write it in some way so that it would operate in favor of all applicants for admission to the Academy, at some particular time in the year, making it a regular date?

Mr. VINSON. In other words, Mr. Chairman, as long as the term at the academy opens in June or July, the law could be changed so that any boy who was not over 20 years of age at the time he actually enters the academy would be eligible.

Mr. MILLER. That is on the same basis as West Point, making it apply to the day on which he reports at the academy.

Mr. ANDREW. What is the significance of the 1st of April?

Mr. ABERNETHY. The significance of the 1st of April is this. In the first place, the reason it was brought to my attention so forcibly, I nominated a boy for the academy this year who was born on the 1st of April, 1907. I sat down and took my pad and pencil, and according to mathematics he is only 20 years of age, according to the way we used to work partial payments; but when I got down to the department they said, "He is a day older than you say he is. Mr. ANDREW. But why was the 1st of April put in the original law, if the academy begins in June?

Mr. DREWRY. I suppose that date was the time of examination. Mr. VINSON. Yes; they have examinations in February and April. Mr. ABERNETHY. No; West Point has a limitation of 22 years. Mr. ANDREW. I would like to see the original law.

Mr. ABERNETHY. The act was approved May 14, 1918; that is the act to be amended.

Mr. DREWRY. I see Admiral Campbell, the Judge Advocate General, is here, and I will ask him if that age limit is not based upon the time of the examination in April?

Admiral CAMPBELL. Yes, sir; I think that was the reason for fixing that date, because some date had to be taken. I think that was the reason, but I am not sure. Of course, the law itself does not throw any light on it, but that is the date that was inserted in the law.

Mr. ABERNETHY. I will say for the benefit of the committee that the construction of the department is based on the doctrine of the common law. My contention with the Secretary of the Navy in this particular instance was that these statutes ought to be construed liberally. I had the legislative reference service of the Congressional Library hunt up all the authorities for me, and I looked into them myself, as a result of which I came to the conclusion that the ruling of the department was wrong; I could not get the department to make any change. Then the thought occurred to me that this question arises periodically; I think there have been 14 or 15 cases before the department in which boys seeking admission to the Naval Academy have found themselves in this situation, and I believe there have been two decisions rendered. Thereupon I went to the parliamentary clerk, Mr. Fess, and discussed it with him, and after talking with him I came to the conclusion that it would be better to ask for a general law on the subject than to try to get through a special act covering one case.

In other words, I am clearly of the opinion that the department is wrong. I happen to be an attorney, and down in my country we exclude one day in computing time; while according to the department's attitude, they add both days; they add the day of his birth and the day he arrives at 20, and they say that therefore he is one day older than 20 years on that date.

Mr. MILLER. There are cases, for instance, where a man was born at 11.55 o'clock on a certain day

Mr. ABERNETHY. Well, I was born at 12 o'clock in the day.
Mr. MILLER. Then you would be entitled to a full day?

Mr. ABERNETHY. Yes, sir.

Mr. MILLER. I am wondering whether it would not be better to put some other date in there, or three or four dates.

Mr. WOODRUFF. Why not make it the same as the Military Academy, Mr. Miller?

Mr. ANDREW. I move that a subcommittee be appointed, consisting of Mr. Miller and Mr. McClintic, to study the question and work out the best solution of this problem and bring in a report next week, say Monday.

The CHAIRMAN. Then we will hear Admiral Campbell on it.

Mr. VINSON. In view of the fact that we have no report from the department, I think we might accomplish something in the line of what Mr. Abernethy is talking about, by letting Mr. Miller and Mr. McClintic take this up with The Judge Advocate General and report back next Tuesday. Then we will see what we can do, when they make their report.

The CHAIRMAN. Mr. Miller will get the reply of the department on it.

(Thereupon the committee proceeded to other business.)

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