CONGRESSIONAL RECORD - HOUSE

based upon the capacity available to the

municipality at an annual load factor of 50

percent. Both the House-passed bill and the

Senate amendment provided for delivery of a maximum of 19,500 kilowatts of power ca- pacity to the municipality but the Senate

deleted the kilowatt-hour limitation inherent in the load-factor limitation placed in

the House bill.

The conference committee adopted language which substitutes for the load-factor

limitation in the House bill a definite num- ber of kilowatt-hours of electric energy.

The amount agreed upon as a limitation on annual deliveries to the municipality is

80,000,000 kilowatt-hours, less such energy as is required by the Federal Government for

pumping water delivered to the municipality. The language adopted gives Boulder

City definite information as to the energy

that will be available to it. It allows the

municipality a substantial increase over its

present uses to take care of reasonable future needs and provides fair and equitable

treatment to the Hoover power allottees. It

will be noted that the Boulder City allotment will be subject to reduction in time of

shortage in the same proportion as the

Hoover Dam power allottees are reduced.

On the third point, the legislation provides that the Federal Government shall

continue to pump and supply water to the

storage tanks of the municipality to meet

its needs for domestic, industrial, and mu- nicipal purposes. The House limited the

Federal costs of supplying such water to not more than $100,000 annually. The Senate

changed this amount to $150,000. The conference committee agreed to accept the Senate figure on the basis that it constituted a maximum and that the actual cost of such

pumping would probably not be that high

and that none of this amount could be used

to defray the cost of filtration, treatment,

and distribution within the city, and on the

basis that a large portion of this amount

will, in any event, be reimbursable.

With respect to the last point, the Senate

changed the House language relating to use restrictions to be placed in all sales, leases,

transfers, and grants of Federal property.

Such restrictions would prohibit use of the

property for the manufacture, sale, or distribution of Intoxicating liquors or narcotics or habit-forming drugs, or for gambling,

prostitution, or lewd or immoral conduct.

It appeared that the intent of the language

of both bodies was the same. The confer- ence committee adopted the Senate language

modified to incorporate one sentence from

the House language for clarification, and to

restore explicit mention of leases among the

Instruments to which the restrictions are

applicable.

CLAIR ENGLE,

WAYNE N. ASPINALL,

WALTER S. BARING,

JOHN J. RHODES,

CRAIG HOSMER,

Managers on the Part of the House.

The SPEAKER. The question is on

the conference report.

The conference report was agreed to.

A motion to reconsider was laid on the

table.

Mr. GWINN. Mr. Speaker, I ask

unanimous consent that all Members

who desire to do so may have permission

to extend their remarks in the RECORD

on the education bill considered a few

moments ago.

The SPEAKER. Is there objection to

the request of the gentleman from New

York?

There was no objection.

CIV---l 168

LUCIAN ROACH-VETO MESSAGE

FROM THE PRESIDENT OF THE

UNITED STATES (H. DOC. NO. 439)

The SPEAKER laid before the House

the following veto message from the

President of the United States:

To the House o1 Representatives:

I return herewith, without my approval, H. R. 12261, "For the relief of

Lucian Roach, doing business as the

Riverside Lumber Co."

The bill would direct the Secretary of

the Treasury to pay to Lucian Roach,

doing business as the Riverside Lumber

Co., Savannah, Tenn., the sum of $465.81

in full settlement of all claims of Lucian

Roach against the United States for

refund of taxes erroneously paid by him

under the Federal Unemployment Tax

Act for the years 1942 and 1943.

The records of the Treasury Department disclose that the amount here involved represents a portion of the taxes

paid by Mr. Roach under the Federal

Unemployment Tax Act for the years

1942 and 1943, refund of which is barred

by the statute of limitations.

The taxpayer did not make any contributions to the State unemployment

fund for the years 1942 and 1943 until

1948, and consequently, did not claim

any credit for contributions on his returns for 1942 and 1943. If, within 4

years after payment of the Federal

taxes, the taxpayer had made such contributions and had filed a claim for refund, he would have been entitled to a

credit against his Federal taxes. The

taxpayer, however, did not file a claim

for refund within 4 years after the payment of his 1942 and the first half of

his 1943 Federal taxes.

The record of this case does not warrant special legislative relief from the

statute of limitations. The taxpayer

had 4 years in which to file a claim for

refund after the amounts here involved

had been paid, and the record discloses

no extenuating circumstances justifying

his failure to file a claim for refund

within that period.

Moreover, the amount that this bill

would pay to Mr. Roach is greater than

the refund to which he would have been

entitled had he filed a timely claim for

refund.

The granting of special relief in this

case, where a refund was not claimed in

the time and manner required by law,

would constitute a discrimination against

other taxpayers similarly situated and

would create an undesirable precedent.

Under the circumstances, therefore, I

am constrained to withhold my approval

of the bill.

DWIGHT D. EISENHOWER.

THE WHITE HOUSE, August 19, 1958.

The SPEAKER. The objections of the

President will be spread at large upon

the Journal, and without objection the

bill and message will be referred to the

Committee on the Judiciary and ordered

to be printed.

There was no objection.

CONSOLIDATING INTO ONE ACT

ALL OF THE LAWS ADMINISTERED BY THE VETERANS' AD-1

MINISTRATION

Mr. DORN of South Carolina. Mr.

Speaker, I ask unanimous consent to

take from the Speaker's table the bill

(H. R. 9700) to consolidate into one act

all of the laws administered by the Veterans' Administration, and for other

purposes, with a Senate amendment

thereto, and consider the Senate amendment.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to

the request of the gentleman from South

Carolina?

Mrs. ROGERS of Massachusetts. Mr.

Speaker, reserving the right to object,

and I shall not object, because this will

be a very valuable document. I think

the House Members would like to know

what the Senate amendment is.

Mr. DORN of South Carolina. The

Senate version, while a substitute, reflects the provisions of the bill as passed

by the House. A very minor amendment of the other body deleted the provision having to do with putting certain

Reserve members of the Air Force under

the education benefit provisions of the

act. This feature involved individuals

ordered to duty with the District of Columbia Air National Guard. It is a very

minor amendment, I may say to the

gentlewoman from Massachusetts as the

Senate agreed to the bill.

Mr. Speaker, the amendments which

I am seeking to add to the bill are those

which are necessary because of the enactment of several laws since H. R. 9700

was reported by the Committee on

Finance of the other body. These laws

are Public Law 85-638, extending the

time for Korean veterans to file for

mustering-out payments to July 16, 1959;

Public Law 85-652, increasing the compensation for certain service-connected

blind veterans from $309 to $359

monthly; Public Law 85-655, placing the

dependents of female veterans on a

parity with dependents of male veterans; Public Law 85-674, increasing the

burial benefit from $150 to $250; Public

Law 85-678, increasing the amount of

total disability income which a veteran

may have on his national service life insurance policy upon payment of an

additional premium, from $5 to $10 a

month per $1,000 of insurance.

The amendments also reflect the provisions of the following two bills which

are pending at the White House and

which are expected to be approved by

the President: S. 166, authorizing World

War II veterans and Korean veterans to

initiate a course of training after they

have had an "improper" discharge corrected to one under other than dishonorable conditions; H. R. 13559, which

authorizes the Veterans' Administration

to give specialized training to retarded

war orphans.

Another bill, H. R. 3630, increases the

amount of compensation which a service-connected veteran may receive when

he is in need of aid and attendant and

while he is not hospitalized at Government expense. Generally speaking, such

1958 18557