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SUBCOMMITTEE OF THE COMMITTEE ON WORLD WAR VETER

ANS' LEGISLATION

ROY G. FITZGERALD, Ohio
LAMAR JEFFERS, Alabama

THADDEUS C. SWEET, New York

WORLD WAR VETERANS' LEGISLATION

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF THE COMMITTEE ON

WORLD WAR VETERANS' LEGISLATION,

Washington, D. C., Saturday, January 16, 1926.

The subcommittee met at 10.30 o'clock a. m., Hon. Roy G. Fitzgerald presiding.

The subcommittee thereupon proceeded to the consideration of H. R. 4548 which is as follows:

[H. R. 4548, Sixty-ninth Congress, first session]

A BILL Making eligible for retirement under certain conditions officers and former officers of the World War, other than officers of the Regular Army, who incurred physical disability in line of duty while in the service of the United States during the World War

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who have served as officers of the Army of the United States during the World War, other than as officers of the Regular Army, who during such service have incurred physical disability in line of duty and who have been, or may hereafter be, rated in accordance with law at not less than 30 per centum permanent disability by the United States Veterans' Bureau, shall, from date of receipt of application by the Director of the United States Veterans' Bureau, be placed upon, and thereafter continued on, a separate retired list, hereby created, to be known as the emergency officers' retired list of the World War, with the rank held by them when discharged from their commissioned service, and shall be entitled to the same privileges as are now or may hereafter be provided for by law or regulations, for officers of the Regular Army, who have been retired for physical disability incurred in line of duty, and shall be entitled to all hospitalization privileges and medical treatment as are now or may hereafter be authorized by the United States Veterans' Bureau, and shall receive from date of receipt of their applications retired pay at the rate of 75 per centum of the pay to which they were entitled at the time of their discharge from their commissioned service, except pay under the act of May 18, 1920: Provided, That all pay and allowances to which such person or officers may be entitled under the provisions of this law shall be paid solely out of the military and naval compensation appropriation fund of the United States Veterans' Bureau, and shall be in lieu of all disability compensation benefits to such officers or persons provided in the war risk insurance act of October 6, 1917, and amendments thereto, except as otherwise authorized herein and except as provided by the act of December 18, 1922: Provided further, That all persons who have served as officers of the Army of the United States during the World War, other than as officers of the Regular Army, who during such service have incurred physical disability in line of duty, and who have heretofore or may hereafter be rated less than 30 per centum and more than 10 per centum permanent disability by the United States Veterans' Bureau, shall, from date of receipt of application by the Director of the United States Veterans' Bureau, be placed upon, and thereafter continued on, the emergency officers' retired list of the World War, created by this act, with the rank held by them when discharged from their commissioned service, but without retired pay, and shall be entitled only to such compensation and other benefits as are now or may hereafter be provided by law or regulations of the United States Veterans' Bureau, together with all privileges as are now or may hereafter be provided for by law or regulations for officers of the Regular Army who have been retired for physical disability incurred in line of duty: Provided further, That the retired list created by this act shall be published annually in the Army Register.

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SEC. 2. No person shall be entitled to benefits under the provisions of this act except he make application as hereinbefore provided and his application is received in the United States Veterans' Bureau within twelve months after the passage of this act: Provided, That the said director shall establish a register and applications made hereunder shall be entered therein as of the actual date of receipt and in the order of receipt in the Veterans' Bureau, and such register shall be conclusive as to date of receipt of any application filed under this act. The term "World War" as used herein is defined as including the period from April 6, 1917, to July 2, 1921.

Mr. FITZGERALD. Let this statement appear in the record: This is the subcommittee of the World War Veterans' Committee, consisting of Mr. Sweet, Mr. Jeffers, and Mr. Fitzgerald, and is met for the purpose of a hearing on H. R. 4548, for retirement of disabled emergency Army officers of the World War.

Perhaps now, with a stenographer present, we might have a sort of résumé of the bill presented, along with the statistics.

Mr. John Thomas Taylor, the legislative head of the American Legion, will present the matter with the proper statistics.

STATEMENT OF JOHN THOMAS TAYLOR, VICE CHAIRMAN NATIONAL LEGISLATIVE COMMITTEE, AMERICAN LEGION, WASHINGTON, D. C.

Mr. TAYLOR. In beginning the hearings on this bill, Mr. Chairman, I would like to give you the history of the legislation.

Because we feel that its failure of passage since 1919 has been due not to any inherent defect in the bill or legislation itself, but more to the parliamentary tactics that have been employed to prevent its passage, we make this statement:

The retirement of the disabled emergency Army officers has been a matter of vital consideration by the American Legion ever since its inception in 1919. The exact history since then is about as follows:

Legislation to provide this honorable retirement has been pending before the Congress since October, 1919.

The exact history of the progress of this legislation since then is as follows: Mason bill, H. R. 4987, and Stevenson bill, H. R. 6688. These bills were introduced the latter part of 1919 and no real results were obtained on either of them.

SIXTY-SIXTH CONGRESS

SECOND SESSION

Stevenson bill, H. R. 10835; compensation measure.

(H. R. 6688, which was

introduced prior to this bill, provided for straight retirement.)

Introduced December 3, 1919.

Referred to House Military Affairs Committee.

Re-referred to Committee on Interstate and Foreign Commerce.

Re-referred to Committee on Ways and Means.

Re-referred to Subcommittee on Compensation and War Risk Insurance of Committee on Interstate and Foreign Commerce.

Hearings before above subcommittee March 15, 16, 17, 1920.

Congress adjourned (second session) June 5, 1920.

(NOTE. This bill was introduced in an amended form in the third session of the Sixty-sixth Congress as H. R. 15904.)

Poindexter bill, S. 4211 (identical with Stevenson bill, H. R. 10835.)

Introduced April 13, 1920.

Referred to Senate Military Affairs Committee.

No action-died in committee.

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