CONGRESSIONAL RECORD - SENATE

S. 754. I am withholding approval ting aside the principles-. and rules of

from S. 754, "For the relief of Ethel administration prescribed in the general

Hudson Morrison." laws governing veterans' benefit proThis measure was enacted to over- grams. Uniformity and equality of

come, for the benefit of the claimant, the treatment to all who are similarly situprovisions of the general law governing ated must be the rule if the Federal proentitlement to the remaining proceeds grams for veterans and their benefiof a National Service Life Insurance ciaries are to be operated successfully.

policy which matured in July 1943. It Otherwise, inequity is added to inequity.

does this by resorting to legislative direc- as is fully revealed by statistics reported

tive requiring the Administrator of Vet- by the Veterans' Administration. More

erans' Affairs to assume, in the adminis- than 3,200 claims of designated benefitration of the National Service Life In- ciaries for the proceeds of National

surance Act of 1940, as amended, that Service Life Insurance have been dethe claimant "stood in loco parentis' to nied because they were not within the

the insured and that she was the "desig- permitted classes- of beneficiaries.

nated sole contingent beneficiary" of his There may be cases in which the cirinsurance policy. cumstances are unique and justify waivThe facts in this case are not disputed. er of the law. In my judgment, this is

The policy of the deceased designated not such a case.

his mother as principal beneficiary and DWIGHT D. EIsENHOWER.

the claimant, Ethel Hudson Morrison THE WHITE HousE, August 7, 1953.

and William McKee Morrison, Jr., aunt

and cousin, respectively, as contingent S. On August '7, 1953:

beneficiaries. The mother died in 1948. Thaila Womack Webh.

The aunt alone seeks to recover the remaining unpaid installments under the S. 953. I am withholding my approval

policy, from S. 953, "An act for the relief of

Prior to August 1, 1946, the law govern- Mary Thaila Womack Webb."

ing National Service Life Insurance poll- This measure, in providing a special

cies did not permit either an aunt or exception from the general laws admina cousin to be named as a beneficiary. istered by the Veterans' Administration,

The law did recognize, as proper bene- would render this claimant potentially

ficiaries persons who, under certain cir- eligible to receive a pension for the noncumstances, stood in loco parentis to the service-connected death of a veteran of

insured. Mrs. Morrison attempted, un- World War I. It does this by resorting

successfully, to establish such a relation- to a legislative directive that she shall

ship. The original application was ad- "be deemed to be the widow" of the deministratively denied, and affirming de- ceased veteran.

cision of the Board of Veterans' Appeals Under existing law the establishment

was not .appealed to the courts, as was of legal widowhood is prerequisite to

the claimant's right, death benefits administered by the VetI consider this measure unacceptable erans' Administration. The claimant

for a number of reasons: cannot meet this prescription because a

First. It is desirable, generally, in ac- prior marriage of the veteran was never

cordance with the right granted by the legally dissolved. Both the veteran and

National Service Life Insurance Act of the beneficiary had a contrary belief,

1940, as amended, that disagreements and they married in good faith. The

with rulings of the Veterans' Adminis- Congress has accepted the good faith of

tration be reviewed by the courts, thus the claimant in entering into the marexhausting all the remedies provided by riage and the belief that she was the

the terms of general legislation, legal wife of the veteran during the 18

Second. The directives of the bill, in years of their association.

providing for this claimant alone, seem- I understand fully the motivation of

ingly defeat the intent of the insured the action taken by the Congress in this

that the cousin also should share. I find case but I cannot agree that the prinnothing in the record of the case to, jus- ciples and rules of administration pretify or explain setting aside the wishes scribed in the general law should be set

of the insured in this respect. aside except in unique and most comThird. The National Service Life In- pelling circumstances of equity. The

surance trust fund would become obli- Federal programs for veterans and their

gated for the liability were the bill ap- beneficiaries, if they are to be successproved. In view of the contract rights ful, require unswerving uniformity of

of existing policyholders, I share the rule and equality of treatment to all who

doubt of the Veterans' Administration are similarly situated. If the law is to

as to the legality of the proposed action, be changed, it should be changed for all.

Fourth. This legislative overruling of We must not, in this benefits field, heed

the decision of the Board of Veterans' the special plea or the emoticnal appeal

Appeals seems to be bdsed only on the of the hardship case. Legal requireless dominant considerations of the in ments of fact should not be supplanted

loco parentis proceedings. Nowhere in by fiat or legislative fiction applying to

the legislative history is any reason' ad- an individual. To do so would result

vanced for dismissing the considerations only in the.compounding of inequities, as

which the administrative decision found is apparent from statistics reported by

dominant and controlling. Even though the Veterans' Administration. More

Mrs. Morrison did care for the insured than 2,700 claims for death benefits were

after his father's death, the fact re- disallowed by the Veterans' Administramains that he was at no time actually tion during the last fiscal year for the

living apart from his mother. reason that relationship to the deceased

Far more fundamental is the objec- veteran could not be established. I am

tion I have heretofore expressed to set- informed that at least a majority were

XCIX---698

cases similar to that of the present

* claimant.

In the light of these facts I could take

* no other action than to withhold approval of this bill.

DWIGHT D. EISENHOWER.

THE WHITE HoUSE, August 7, 1953.

NOMINATIONS

Executive nominations received by the

* Senate August. 3, 1953:

DIPLOMATIC AND FOREIGN SERVICE

Willard L. Beaulac, of Rhode Island, a Foreign Service officer of the class of career minister, to be Ambassador Extraordinary and

Plenipotentiary of the United States of America to the Republic of Chile.

RENEGOTIATION BOARD

Charles F. Mills, of Massachusetts, to be a

member of the Renegotiation Board.

JUDGE OF THE FIRST CIRCUIT, CIRCUIT COURTS,

TERRITORY OF HAWAII

Calvin C. McGregor, of Hawaii, to be

seventh Judge of the First Circuit, Circuit

Courts, Territory of Hawaii, to fill a new

position.

UNITED STATES DISTRICT JUDGE

Andrew Thomas McGuire, of Connecticut.

* to be United States district Judge for division

No. 2, district of Alaska, vice Joseph W.

Kehoe, resigned.

UNITED STATES ATTORNEYS

W. Wilson White, of Pennsylvania, to be

United States attorney for the eastern district of Pennsylvania, vice Gerald A. Gleeson0

resigned.

Fred Elledge, Jr.. of Tennessee, to be United

States attorney for the middle district of

Tennessee, vice Ward Hudgins, resigned.

UNITED STATES MARSHAL

B. Ray Cohoon, of North Carolina, to be

United States marshal for the eastern district of North Carolina, vice Ford S. Worthy,

retired.

CONFIRMATIONS

Executive nominations confirmed by

the Senate August 3 (legislative day of

August 1), 1953:

UNITED STATES INFORMATION AGENCY

Theodore C. Streibert, of New York, to be

Director of the United States Information

Agency.

INTERNATIONAL MONETARY FUND AND INTERNATIONAL BANK FOR RECONSTRUCTION AND

DEVELOPMENT

Samuel C. Waugh, of Nebraska, United

States Alternate Governor of the Internanational Monetary Fund and the International Bank for Reconstruction and Development for a term of 5 years.

DEPARTMENT OF DEFENSE

Frank D. Newbury, of Pennsylvania, to be

Assistant Secretary of Defense.

DEPARTMENT OF THE NAVY

Rear Adm. Wilson D. Leggett, Jr., United

States Navy, to be Chief of the Bureau of

* Ships in the Department of the Navy for a

term of 4 years.

Rear Adm. Edward W. Clexton, United

States Navy, to be Director of Budget and

Reports in the Department of the Navy, with

the rank of rear admiral, for a term of 3

years.

FEDERAL TRDE COMMISSION

John Williams Owynne, of Iowa; to be a

Federal Trade Commissioner for the term

of 7 years from September 26, 1953.

RENEGOTIATION BOARD

Charles F. Mills, of Massachusetts, to be

a member of the Renegotiation Board.

1953 11103