Department, but in view of the fact that the proposed legislation is not for the general good of the naval service 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 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, A BILL For the relief of Robert Bryan Somerville 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 remove the bad conduct charge placed against Robert Bryan Somerville, who served in the United States Navy from April 23, 1921, to January 9, 1922, and to issue to the said Robert Bryan Somerville, or in case of his death, his heirs or other legal representatives, a certificate of honorable discharge: Provided, That no pay our bounty for any period of time during which the said Robert Bryan Somerville was absent from his command without leave of absence shall accrue or be payable by virtue thereof. O FOR THE RELIEF OF CLIFFORD J. SANGHOVE (H. R. 15855) A-17073 COMPTROLLER GENERAL OF THE UNITED STATES, Washington, February 17, 1927. Hon. THOMAS S BUTLER, Chairman Committee on Naval Affairs, House of Representatives. MY DEAR MR. CHAIRMAN: Complying with your request for a report on H. R. 15855, Sixty-ninth Congress, second session, entitled "A bill for the relief of Clifford J. Sanghove," which authorizes and directs the cancellation of * * * the claim of the United States against Clifford J. Sanghove, lieutenant, United States Naval Reserve Force, retired, in the sum of $1,067.46 erroneously paid to him through error in the General Accounting Office. I have the honor to advise as follows: Clifford J. Sanghove enlisted in the Navy November 5, 1913; was honorably discharged as machinist's mate, second class, November 5, 1917; reenlisted as machinist's mate, second class, November 22, 1917, and served until June 10, 1918, when he was discharged with an ordinary discharge to accept a provisional appointment as ensign in class 3 of the Naval Reserve Force; was promoted to provisional lieutenant, junior grade, January 24, 1919; and retired June 5, 1919, for permanent disability incurred in line of duty, as result of incident of service during engagement of U. S. S. Ticonderoga and a German submarine subsequent to his appointment as an ensign in the Naval Reserve Force. It appears that following his retirement, June 5, 1919, to and including November 23, 1925, he was paid retired pay at the rate of 75 per cent of the active duty sea pay of a lieutenant, junior grade. While it is questionable whether he was entitled to any retired pay for period from June 5, 1919, to June 3, 1920, he having retired prior to act of June 4, 1920 (41 Stat. 834), it is unquestioned that he was not entitled to retired pay computed at said sea pay rate for any part of period from June 5, 1919, to November 23, 1925, and was overpaid on said account $1,067.46, the amount stated in H. R. 15855. See act of May 30, 1908 (35 Stat. 501). All payments entering into said overpaid amount of $1,067.46 were made to Lieutenant Sanghove by naval disbursing officers, as follows: G. M. Stackhouse, E. E. Goodhue, D. G. McRitchie, R. H. Woods, H. H. Bloxhan, R. E. Barrett, and F. L. Gaffney. The fact that Lieutenant Sanghove was being paid by such disbursing officers at said erroneous retired pay rate-which had its inception under war-time conditions-was not discovered until the transfer of his account to the navy yard at Norfolk, Va., on November 23, 1925, whereupon the collection unit of the General Accounting Office raised a charge against him for said overpaid amount of $1,067.46. Overpayments to him at said erroneous rate for subsequent period from November 24, 1925, to March 31, 1926, were suspended, and were checked by Lieut. H. C. Shaw, navy yard, Puget Sound, Wash., April, 1926, and since then no payments have been made to him at said erroneous sea-pay rate. The present situation is that Lieutenant Sanghove has been requested by the General Accounting Office to refund to it said over payment of $1,067.46, has evinced a willingness to do so, and his request to be permitted to repay same in monthly installments of $30 or $40 per month has been granted, the payments to be made through the deduction of said amount from his monthly retired pay by the Navy allotment office, and the forwarding to the General Accounting Office of a monthly check therefor, drawn to the "United States," to be credited against his indebtedness. As has been shown, this overpayment of $1,067.46 to Lieutenant Sanghove was not "erroneously paid to him through error in the General Accounting Office, as the bill recites, no part of said amount having been paid out to him by such office, and all of the payments entering into said amount of $1,067.46 having been made to him by the seven naval disbursing officers heretofore mentioned. The law of 1908, to the effect that the 75 per cent should not for retired pay purposes be computed on active duty sea-pay rate was plain, and, had it not been, it was the privilege of said disbursing officers under the law to bring the matter to the attention of the accounting officers and request a decision in advance of payment for their guidance. See section 8, act of July 31, 1894 (28 Stat. 208), as amended by section 304 of the act of June 10, 1921 (42 Stat. 24). This was not done. Following the detection of the error the General Accounting Office took steps to restore the statu quo, and this has been accomplished to the point of a tentative arrangement for the commencement of the refundment of the erroneous payments by Lieutenant Sanghove, at a monthly rate of $30 or $40, and it is believed that if this bill be not enacted the United States will be made whole in the matter. The enactment of the proposed legislation would prevent the recovery of such overpayment, and apparently cause the United States to lose said $1,067.46. As thus viewed this office could notunder ordinary circumstances-recommend favorable action thereon. It appears, however, from the service records of Lieutenant Sanghove, and correspondence in the files, that he became permanently physically disabled in the World War during an engagement of the vessel on which serving with a German submarine, and that since his retirement his time has been spent in hospitals and with physicians, etc., in an effort for the improvement of his condition which has not met with success. Viewed from this premise, and this alone, no objection is interposed to the cancellation by means of this bill of this indebtedness standing against him. Inasmuch, however, as the statement is incorrect, the words "through error in the General Accounting Office" should be stricken from the bill. Sincerely yours, J. R. MCCARL, Comptroller General of the United States. A BILL For the relief of Clifford J. Sanghove Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Comptroller General of the United States is authorized and directed to cancel the claim of the United States against Clifford J. Sanghove, lieutenant, United States Naval Reserve Force, retired, in the sum of $1,067.46 erroneously paid to him through error in the General Accounting Office. [No. 158] A HEARING ON THE BILL (H. R. 16994) AUTHORIZING THE ACCEPTANCE BY THE NAVY DEPARTMENT OF A SITE FOR AN AVIATION TRAINING FIELD IN THE VICINITY OF PENSACOLA, FLA. HOUSE OF REPRESENTATIVES, COMMITTEE ON NAVAL AFFAIRS, The committee this day met, Hon. Thomas S. Butler (chairman) presiding. The CHAIRMAN. Mr. Smithwick, of Florida, has a bill before the committee (H. R. 16994) authorizing the acceptance by the Navy Department of a site for an aviation training field in the vicinity of Pensacola, Fla., and for other purposes. Mr. VINSON. I suggest we hear from Mr. Smithwick. Mr. SMITHWICK. Mr. Chairman, I think you would want to hear from the gentlemen representing the Navy Department on this matter. The Assistant Secretary for Aeronautics, Mr. Warner, is present; and Admiral Moffett, who is very familiar with the situation. at Pensacola. The CHAIRMAN. Do you wish to say something at this time? Mr. SMITHWICK. These gentlemen from the department know all about this question and can furnish any information the committee wants. The bill simply provides: That the Secretary of the Navy be, and he is hereby, authorized to accept on behalf of the United States, free from encumbrances and without cost to the United States, the title in fee simple to such land as he may deem necessary or desirable, in the vicinity of Pensacola, Florida, approximately 500 acres, as a site for an aviation training field to continue landplane training from the United States naval air station, Pensacola, Florida. We have a landing field leased there now, and the lease expires on the 30th of June. The CHAIRMAN. The State of Florida owns this piece of land? Mr. SMITHWICK. The chamber of commerce went among the citizens and collected the money to buy this tract of land and agrees to give it to the Navy Department. It will be free of encumbrances to the United States. STATEMENTS OF EDWARD P. WARNER, ASSISTANT SECRETARY OF THE NAVY FOR AERONAUTICS; REAR ADMIRAL WILLIAM A. MOFFETT; LIEUTENANT COMMANDER GIFFORD The CHAIRMAN. We will ask the Assistant Secretary what his views may be touching the advisability of accepting this piece of ground that is offered to us by the Chamber of Commerce of Pensacola, Fla., for the naval air station there. Mr. WARNER. I think it is exceedingly desirable that the department should accept the land. It is necessary for the continuance of the work which has been carried on for a number of years at Pensacola, the details of which will be presented by Admiral Moffett. The CHAIRMAN. The bill provides for accepting title in fee simple to this land, which will give the Government absolute ownership of 500 acres of land. Have you seen the locus in quo? Mr. WARNER. I have not seen the particular piece of land. Mr. WARNER. I have seen the land which it will replace-the land which they are using now, under lease. The CHAIRMAN. Can you tell us how far it is from the Government flying field at Pensacola? Mr. WARNER. It is 3 miles from the naval station, I believe; but Admiral Moffett has all the figures here. The CHAIRMAN. Do you know anything about the lack of field down there for flying purposes at Pensacola? Have you sufficient field now? Mr. WARNER. We have at present this field of which Mr. Smithwick spoke, which is under lease. That is farther away from the naval station, and the lease on it will expire in a short time, and then there will be no satisfactory field for landplane training. The CHAIRMAN. How far is that piece of land that we have leased from Pensacola? Mr. WARNER. From the city of Pensacola? Mr. WARNER. About 7 miles from the station. Lieutenant Commander GIFFORD. The 30th of June of this year. The CHAIRMAN. And then we may not have sufficient accommodation for our air service there? Lieutenant Commander GIFFORD. We would not have any place there to continue our landplane training. The CHAIRMAN. If Congress sees fit to accept this piece of ground, then you will abandon the property you now hold under lease? Admiral MOFFETT. Yes, sir. The CHAIRMAN. This will give you all the territory that is desirable, and the field you are now using is 9 miles from the station, whereas this new field is only 3 miles away? Lieutenant Commander GIFFORD. That is correct. The CHAIRMAN. How many acres are in the leased land? Lieutenant Commander GIFFORD. Two hundred and fifty acres. The CHAIRMAN. And 500 acres in the proposed site? Lieutenant Commander GIFFORD. Yes, sir. The CHAIRMAN. The Assistant Secretary says he has not seen this land. Have you seen it, Admiral Moffett? Admiral MOFFETT. Yes, sir. The CHAIRMAN. Describe it to us, Admiral Moffett, and tell us what work will be necessary to level it and put it in condition. Admiral MOFFETT. The city is going to do that. They are going to level it, cut the brush and trees that are on it now, level it off, and put it in condition to fly by the 1st of July this year. They will put 250 |