CONGRESSIONAL RECORD - SENATE

S. 3652. An act for the relief of Francis

Timothy Mary Hodgson (formerly Victor

Charles Joyce).

On September 2, 1954:

S. 2316. An act for the relief of the Birmingham Iron Works, Inc.; and

S. 2618. An act for the relief of Ertogroul

Osman.

On September 3, 1954:

S. 2862. An act to provide relief for the

sheep-raising industry by making special

nonquota immigrant visas available to cer- tain skilled alien sheepherders.

DISAPPROVAL OF SENATE BILLS.

AFTER ADJOURNMENT

The message also announced that the

President had disapproved bills of the

Senate of the following titles:

On August 26, 1954:

GEORGE PANTELAS

S. 154. I am withholding my approval

of S. 154, for the relief of George Pantelas.

The beneficiary of the bill is an alien

who is deportable on the ground that at

the time of his last entry he was not in

possession of a valid immigration visa

and because of his record of crimes involving moral turpitude.

The bill would authorize and direct

the Attorney General to discontinue the

pending deportation proceedings, cancel

any outstanding order of deportation,

warrant of arrest and bond which may

have been issued, and would exempt the

alien from deportation in the future by

reason of the same facts upon which the

current proceedings are based.

The alien was born in Greece on February 12, 1903. He originally entered

the United States in 1921. On May 3,

1929, he was convicted in California of

issuing checks without sufficient funds

and sentenced to an indeterminate term

of imprisonment for not more than 14

years. He was subsequently deported

from the United States on June 18, 1931,

because of his criminal record. Thereafter, the alien reentered the United

States as a temporary visitor on May 28,

1940, under an assumed name. In proceedings before the Immigration and

Naturalization Service he testified that

in order to obtain a Greek passport in

another individual's name he paid $100

for a birth certificate and thereafter

committed perjury and forgery in securing the necessary passport visa for his

reentry.

While I am in sympathy with the evident purpose of this legislation to provide

support for the family of the alien, the

record of bad conduct presented in this case convinces me that the granting of

the relief proposed would not be in the

best interests of the United States.

Accordingly, I am withholding my

approval from this bill.

DWIGHT D. EISENHOWER.

THE WHITE HOUSE, August 26, 1954.

ESTATE OF MARY BEATON DENNINGER

S. 3064. I have Withheld my approval

from S. 3064, 83d Congress, an act for the

relief of the estate of Mary Beaton Denninger, deceased.

The bill would authorize and direct

the Secretary of the Treasury to pay to

the estate of Mrs. Denninger the sum of

$780.36 in full settlement of all claims of

the estate against the United States for

payment of certain installments of an

indemnity under the Servicemen's Indemnity Act of 1951.

Robert William Denninger died in

service on November 20, 1952. The proceeds of a policy of United States Government life insurance, $2,443.27, were

paid on behalf of Mary Beaton Denninger, the designated beneficiary.

However, in order to determine whether

she was also entitled as a widow to an

indemnity of $7,000 under the Servicemen's Indemnity Act of 1951, for which no beneficiary had been designated, it

was necessary to obtain evidence of the

interlocutory judgment of divorce which

the serviceman had obtained from her

effective March 12, 1952, as well as evidence pertaining to the dissolution of

one of her prior marriages. Upon receipt of evidence establishing her eligibility, settlement was authorized on her

behalf and, without knowledge that she

had died 2 days previously, a check for

$780.36 representing 12 accrued installments of indemnity was mailed to a Veterans' Administration agency on October

27, 1953, for delivery to the payee. Because of the death the check was returned and canceled.

The law prohibited payment to Mrs.

Denninger's estate, and thereafter the

Veterans' Administration made settlement of the indemnity in favor of the

serviceman's parents, the next entitled

beneficiaries. This settlement included

the installments totaling $780.36 which

had accrued during the lifetime of Mrs.

Denninger. The bill proposes that, in

addition, the Government pay $780.36 to

Mrs. Denninger's estate.

Favorable action by the committees

which considered the bill appears to

have been based upon the view that the

installments which accrued prior to Mrs.

Denninger's death became her property

and, accordingly, should be paid to her

estate. The specific language of the law

clearly expresses a contrary intention

on the part of the Congress. I cannot

agree either that the mandatory provision of the law should be abrogated in

this case to the exclusion of other similar

cases, or that the Government should be

subjected to double payment of those

installments of indemnity which accrued

during Mrs. Denninger's lifetime. To do so would obviously be discriminatory and

precedential.

As I have previously stated, if the law

is to be changed it should be changed for

all. Uniformity and equality of treatment under general law applicable

equally to all must be the steadfast rule

if the Federal programs for veterans

and their dependents are to be operated

successfully. Heeding the special plea

of individual cases would obviously destroy the effectiveness of these programs.

For the foregoing reasons, I am unable

to justify approval of S. 3064.

DWIGHT D. EISENHOWER.

THE WHITE HOUSE, August 26, 1954.

On August 28, 1954:

GRAND TETON NATIONAL PARM

S. 1706. I have withheld my approval

from S. 1706, to provide for taxation by

the State of Wyoming of certain property

located within the confines of Grand

Teton National Park, and for other purposes.

The bill would permit the State of

Wyoming and any taxing authority of

the State to levy taxes on privately owned

hotels or lodging facilities within Grand

Teton National Park. It further pro- vides that if the United States acquires such properties in the future, payments in lieu of taxes will be made by the United

States in amounts equal to the last an- nual taxes assessed against the property by the State or locality when it was pri- vately owned.

This legislation is unnecessary for two

reasons*: First, the State now has au- thority to tax privately owned hotel or lodging facilities in the park and has

collected such taxes for some time. Second, there appears to be no disposition on the part of the United States to ac- quire any such property in Grand Teton

National Park, either through purchase or donation. However, I am withholding my approval not only because the bill

is unnecessary but also because of the

precedent it might establish for piece- meal action in this field.

The present Congress approved my recommendation that a Commission on Intergovernmental Relations be established to study the means of achieving a sounder relationship between Federal,

State, and local governments. I have

requested that the Commission's report include recommendations as to how to

solve the difficult problems which arise

in the field of intergovernmental tax immunities. The Commission has a special

study committee on in lieu payments and

shared revenues. The Commission's re- port is expected in the near future, and

it is anticipated that the administration

will recommend legislation to accom- plish its recommendations shortly thereafter.

I believe that questions of Federal tax

immunity should be decided broadly and

deliberately, rather than through a suc- cession of piecemeal decisions and that

this decision should await the recom- mendations of the Commission on Intergovernmental Relations on this question.

DWIGHT D. EISENHOWER.

THE WHITE HOUSE, August 28, 1954.

On August 31, 1954:

ESTATE OF CARLOS 1r. COCHRAN

S. 820. I have withheld my approval

from S. 820, for the relief of the estate

of Carlos M. Cochran.

This enrolled enactment would pay the sum of $5,000 to the estate of Carlos M.

Cochran, who was killed in line of duty when he was a member of the Armed

Forces in 1942.

The soldier decedent was discovered

lying beside a highway just outside the

entrance to the military installation

where he was stationed. Although he

appears to have been temporarily of un- sound mind at the time, the sentry at

the gate to the installation who discovered him and took him into custody was not aware of this fact. While the sen- try was telephoning for military police- men to come to the gatehouse for the

decedent, he attempted to escape. He

failed to obey the sentry's three shouted

1954 15839