CONGRESSIONAL RECORD - HOUSE

within the Grapevine Dam and Reservoir

project to the city of Grapevine, rex., for

sewage disposal purposes;

H.R. 6727. An act to authorize the Administrator of Veterans' Affairs to convey

certain land to the city of Milwaukee, Wis.

H. R. 6886. An act to amend the act of

October 19, 1949, entitled "An act to assist

States in collecting sales and use taxes on

cigarettes";

H. R. 6896. An act for the relief of Luisa

Guidi Miller;

H. R. 7000. An act to provide for strengthening of the Reserve Forces, and for other

purposes;

H. R. 7035. An act to amend section 1 of

the act entitled "An act to authorize relief

of accountable officers of the Government,

and for other purposes," approved August 1.

1947 (61 Stat. 720);

H. R. 7148. An act to amend the Internal

Revenue Codes so as to provide a personal

exemption with respect to certain dependents in the Republic of the Philippines;

H. R. 7244. An act to provide for the striking of medals in commemoration of the 120th

anniversary of the signing of the Texas

Declaration of Independence and the Battles

of the Alamo, Goliad, and San Jacinto in the

year 1836;

H. R. 7301. An act to amend the Rubber

Producing Facilities Disposal Act of 1953, as heretofore amended, so as to permit the disposal thereunder of Plancor No. 980 at Institute, W. Va.;

H. R. 7684. An act to authorize the Atomic

Energy Commission to pay the salary of a

Commissioner during the recess of the Senate, and for other purposes;

H. J. Res. 157. Joint resolution to establish

a Commission on Government Security;

H. J. Res. 251. Joint resolution to authorize

the President to issue posthumously to the

late Seymour Richard Belinky, a flight officer in the United States Army, a commission

as second lieutenant, United States Army,

and for other purposes;

H. J. Res. 276. Joint resolution to authorize

the Texas Hill Country Development Foundation to convey certain land to Kerr County,

Tex.; and

H. J. Res. 278. Joint resolution to provide

that a gold medal be coined and presented

to Dr. Jonas E. Salk in honor of his achieve.

ments in the field of medicine.

On August 11, 1955:

H. R. 100. An act to permit the mining,

development, and utilization of the mineral

resources of all public lands withdrawn or

reserved for power development, and for

other purposes;

H. R. 929. An act for the relief of Mrs.

Maria Del Mul.

H. R. 1003. An act for the relief of Mrs.

Lorenza O'Malley (de Amusategui), Jose

Maria de Amusategui O'Malley, and the legal

guardian of Ramon de Amusategui O7Malley;

H. R. 1235. An act for the relief of Vera

Gregovich Kenter;

H. R. 1319. An act for the relief of Vasilios

Liakopoulos;

H. R. 1909. An act for the relief of Rodolfo

Pugeda de la Cerna;

H. R. 2079. An act for the relief of Ingrid

Liselotte Poch;

H. R. 2235. An act for the relief of Mrs.

Margarete Gick Scordas;

H. R. 2339. An act for the relief of Monika

Schefbanker;

H. R. 2553. An act to amend section 223 of

the Revenue Act of 1950, relating to the use

of corporation property by a shareholder;

H. 1.. 2704. An act for the relief of Kazuko

Iwata Rausch;

H. R. 2897. An act for the relief of Chung

Polk Cha and her child, Myra Poik Cha;

H. R. 2907. An act for the relief of Thomas

F. Harney, Jr., doing business as the Harney

Engineering Co.;

H. R. 2916. An act for the relief of Mrs.

Elfrieda Schoeppe;

U. R. 3063. An act to confer jurisdiction

upon the United States District Court for the

Northern District of California, to hear, determine, and render judgment upon the

claims of the Bartlett Springs Co. and cer- tain others;

H. R. 3195. An act for the relief of Rolf

Hugo Neuman;

H. R. 3507. An act for the relief of Luise

Pempfer (now Mrs. William L. Adams);

H. R. 3628. An act for the relief of Luise

Isabella Chu, also known as Luise Schneider;

H. R. 3635. An act for the relief of Brigit

Camara, also known as Brigit Heinemann;

H. R. 4508. An act for the relief of Henry T.

Quisenberry;

H. R. 4544. An act for the relief of Andrew

Carrigan;

H. R. 4581. An act to amend the Internal

Revenue Code of 1954 with respect to the tax

on cutting oils;

H. R. 4672. An act to increase the annuities

of certain retired civilian members of the

teaching staffs of the United States Naval

Academy and the United States Naval Postgraduate School;

H. R. 5074. An act for the relief of Miss

Blanca Lina Rionegro;

H. R. 5082. An act for the relief of Mrs.

Koto Nakagawa;

H. R. 5168. An act to provide for retirement

of the Government capital in certain institutions operating under the supervision of

the Farm Credit Administration; to increase

borrower participation in the management

and control of the Federal Farm Credit System; and for other purposes;

H. R. 5249. An act to amend the Internal

Revenue Code of 1954 to provide for refund

or credit of internal revenue taxes and customs duties paid on distilled spirits and

wines lost, rendered unmarketable, or condemned by health authorities as a result of

the hurricanes of 1954;

H. R. 5546. An act for the relief of Francisca Alemany;

H. R. 5908. An act for the relief of Mrs.

Johanna Eckles;

H. R. 5913. An act for the relief of Mock

Jung Shee (Mock Jung Liu);

H. R. 6199. An act to amend the act of

October 14, 1940, to authorize the sale of

personal property held in connection with

housing under such act;

H. R. 6600. An act to amend section 303

of the Career Compensation Act of 1949, to authorize travel and transportation allowances, and transportation of dependents and

of baggage and household effects to the

homes of their selection for certain members of the uniformed services, and for other

purposes;

H. R. 6741. An act for the relief of Elfriede

Rosa (Kup) Kraft;

H. R. 6994. An act to provide for entry and

location, on discovery of a valuable source

material, upon public lands of the United

States classified as or known to be valuable

for coal, and for other purposes;

H. R. 7018. An act to authorize subpenas

in connection with the enforcement of the

narcotic laws, and for other purposes;

H. R. 7024. An act to remove the manufacturers' excise tax from the sales of certain

component parts for use in other manufactured articles, to confine to entertainmenttype equipment the tax on radio and television apparatus, and for other purposes.

H. R. 7034. An act to provide permanent

authority for the relief of certain disbursing

officers, and for other purposes;

H. R. 7095. An act to provide that the tax

on admissions shall not apply to certain athletic events held for the benefit of the United

States Olympic Association;

H. R. 7289. An act to authorize the States to organize and maintain State Defense

Forces, and for other purposes;

H. R. 7300. An act to amend the Internal

Revenue Code of 1954 with respect to the

tax treatment of income received from pat- ent infringement suits; and

H. R. 7618. An act to amend section 8 of

the Civil Service Retirement Act of May 29.

1930, as amended,

On August 12, 1955:*

H. R. 191. An act to regulate the election

of delegates representing the District of Columbia to national political conventions,

and for other purposes;

H. R. 257. An act to amend section 112 (n)

(8) of the, Internal Revenue Code of 1939,

relating to the suspension of certain periods

of limitation while the taxpayer is on extended active duty with the Armed Forces,

and to amend the Internal Revenue Code of

1954 with respect to tax treatment where

the taxpayer recovers amounts held by another under claim of right;

H. R. 4663. An act to authorize the Secretary of the Interior to construct, operate,

and maintain the Trinity River division, Central Valley project, California, under Federal reclamation laws;

H. R. 4744. An act to amend the Railroad

Retirement Act of 1937, as amended, and

the Railroad Unemployment Insurance Act;

H. R. 5647. An act to repeal the manufacturers' excise tax on motorcycles;

H. R. 6182. An act to amend the Federal

Property and Administrative Services Act of

1949 to make temporary provision for making payments in lieu of taxes with respect

to certain real property transferred by the

Reconstruction Finance Corporation and its

subsidiaries to other Government departments;

H. R. 6263. An act to amend section 1233

and section 542 (a) (2) of the Internal Revenue Code of 1954;

H. R. 7245. An act to amend Public Laws

815 and 874, 81st Congress, which provide

for assistance to local educational agencies

in areas affected by Federal activities, and

for other purposes;

H. R. 7628. An act to authorize the appointment in a civilian position in the White

House office of Maj. Gen. John Stewart Bragdon, United States Army, retired, and for

other purposes;

H. R. 7746. An act to provide tax relief to

a charitable foundation and the contributors thereto; and

H. J. Res. 330. Joint resolution to provide

for the acceptance and maintenance of presidential libraries, and for other purposes.

HOUSE BILLS DISAPPROVED AFTER

SINE DIE ADJOURNMENT

The President of the United States,

subsequent to the sine die adjournment

of the Congress, transmitted to the Clerk

of the House a list of bills disapproved,

together with his reasons for such actions, as follows:

On August 12, 1955:

E. J. ALBRECHT CO.

H. R. 1393. I have withheld my approval from the bill (H. R. 1393) "For

the relief of the E. J. Albrecht Co."

The bill directs the Secretary of the

Treasury to pay $142,007.75 to the E. J.

Albrecht Co. as reimbursement for actual

losses sustained by it in performing its

contract with the United States for the

construction of the outlet works for

Sardis Dam on the Little Tallahatchie

River, near Sardis, Miss.

After an exhaustive review, the Court

of Claims dismissed this claim as being

without merit. While this decision was

based on legal grounds, the opinion issued by the court in connection with its

decision shows, particularly when taken

in conjunction with the rest of the record, that there is no basis for affording

relief to the contractor on equitable

grounds. From these sources it is clear

that the overriding causes of the losses

which the contractor sustained were its

own acts or omissions and the weather

1955. 13081
CONGRESSIONAL RECORD - HOUSE

conditions it ehicofintered in' thd performance of the work. I see nothing in

these circumstances giving rise to equitable liability on the part of the Government.

. The continued success of the policy of

awarding public contracts by competitive'

bids depends, of course, on the knowledge that successful bidders will be held

to their bids with the same strictness as

if they were dealing with private con- tractors. Relieving bidders of losses occasioned by the submission of bids that

were successfully low because of over- optimism or failure to account for risks

would not only strike a serious blow at

the integrity of the competitive bidding

system but would be unfair to more

provident bidders who might otherwise

have received the awards. It would deprive the Government of benefits resulting from favorable circumstances occur- ring during the performance of a contract while requiring compensation for

losses encountered as a result of unfavorable circumstances.

There are no circumstances in this

case that would serve to distinguish it

from others wherein contractors with

the United States have suffered losses

for which the Government was not responsible. In view of this fact and in

the absence of any equitable considerations in favor of the contractor, I perceive no merit in the claim for special

treatment in this case.

Accordingly, I am constrained to withhold my approval from the bill.

DWIGHT D. EISENHOWER.

THE WHITE HousE, August 12, 1955.

STEPHEN SWAN OGLETREE

H. R. 6232. I have withheld my approval of enrolled enactment H. R.

6232, 84th Congress, "To include as

Spanish-American War service under

laws administered by the Veterans'.

Administration certain service rendered

by Stephen Swan Ogletree during the

Spanish-American War."

The effect of this legislation would be

to determine by legislative decree, contrary to the facts, that, for the purpose

of laws administered by the Veterans'

Administration, Stephen Swan Ogletree

rendered at least 70 days' active military service as a member of Company G,

2d Regiment, Alabama Volunteer Infantry, and was honorably discharged therefrom.' No benefits would accrue by reason thereof prior to the date of receipt of

an application to be filed subsequent to'

the date of its enactment.

There have been a number of affidavits

submitted in support of Mr. Ogletree's

contention that he served on active duty

during the Spanish-American War.

These affidavits are all dated some 29 or.

more years after the occurrence of the

events to which they relate. In some,.

the affiant could "almost" swear that Mr.

Ogletree served with Company G. 2d

Regiment, Alabama Volunteer Infantry.

In others, the affiant states that Mr.

Ogletree did serve with that organization. However, most of these affidavits

are entirely consistent with the official

records of the organization which show

that any service of Mr. Ogletree with that

organization was prior to the time that

it entered into active Federal service.

In addition, the statement of one individual, who was of the opinion that Mr.

Ogletree did serve in active Federal service, indicates that during such period the commanding officer of the company was J. H. Brazila. The records of'

the company show that Brazila did not

command the company while it was in

Federal service. Therefore, it is apparent that the passage of time has dimmed

the recollection of the individuals who

made these affidavits and that they have

become confused as to the actual period

of time during which the company was

in Federal service or when Mr. Ogletree

was a member thereof.

Military records pertaining to Mr.

Ogletree show quite clearly that he was

not a member of Company G, 2d Regiment, Alabama Volunteer Infantry, while

that organization was in Federal service.

The frequent muster rolls submitted on'

behalf of that organization, certified by

the commanding officer and by the indi-'

vidual who acted as mustering officer,,

not only show the men who were present

with the organization but also all men

who were members of the organization

during the period and who were absent

for any reason whatsoever. The name

of Stephen Swan Ogletree does not appear on any of these muster rolls.

Company G, 2d Regiment, Alabama

Volunteer Infantry, was mustered into'

Federal service on May 31, 1898. During

the Spanish-American War, regulations

provided that before volunteer organizations were mustered into the service of'

the United States, the members thereof

should be medically examined to determine whether or not they were physically qualified for active military service.

Retained records of the 2d Regiment,

Alabama Volunteer Infantry, clearly

show that Mr. Ogletree was medically

examined in accordance with such regu-,

lations, that he was rejected for service

because of physical disqualification at

least 12 days prior to the time that this

organization was mustered into the serv- ice of the United States, and that he

was returned to his home at Eufaula,

Ala., through issuance of a "request for

transportation," which provided as follows:

"M. No. 28570

Request for Transportation

Good for one days from date

Date. Mobile Ala May 19 1898

To The L & N RR Co

For John H. Nowlund and 26 men no- pounds extra baggage, Co & Regt. Co "G"

2d Regt Ala Vols

From Mobile Ala

To Eufaula Ala

Via The L & N and Central of Ga

En route from Mobile Ala

To Eufaula Ala

Remarks; Recruit Co G. 2d Regt Ala Vol

Rejected by Medical Board

Issued on authority of telegram dated

May 3 1898

AG

[See o

[oth

Stephen S. Ogletre

Section 131 of the

ization Act, approv

H C CORBIN

[Adjutant General]

thersidel

er side]

* $ *

Legislative Reorgan-'

ed August 2, 1946 (60

Stat, 812), iirovides. pertinently,: a follows:

. No private bill or resolution (including

pension bills), $ * * authorizing or directing * * * the correction of a military or naval record, shall be received or considered

in either the Senate or the House of Representatives.

H. R. 6232 would change the military

records of Stephen Swan Ogletree.

. Section 207 of the Legislative Reorganization Act, supra, established the

Army Board for the Correction of Military Records. That Board was established for the purpose of reviewing military records and recommending to the

Secretary of the Army the correction of

any such records, where, in the judgment

of the Board, such action might be necessary to correct an error or remove an

injustice. Upon the recommendation of

the Board, the act authorized the Secretary to take corrective action. No application for the correction of the military

records of Stephen Swan Ogletree has

been received by that Board.

The Congress, by general legislation,

has determined that cases of this character should be considered by the Army

Board for the Correction of Military

Records rather than by the Legislature

itself. The affidavits which have been

presented in Mr. Ogletree's behalf are

entirely consistent with the fact that

any service which he may have rendered

was prior to the time that the organization was mustered into Federal service. Official records pertaining to the

matter show.quite clearly that Mr. Ogletree was not at any time during the

Spanish-American War in the service of

the United States. Under such circumstances, to determine by legislative

decree that he rendered any active military service during such war and was

honorably discharged therefrom would

be entirely discriminatory. There is

nothing in law or equity which would

justify approval of this bill. To do so

would confer upon Mr. Ogletree benefits

provided for Spanish-American War

veterans to which he is no more entitled

than are other individuals who may have

been members of local volunteer units

prior to the time the unit was mustered

into the Federal service, but who were

physically disqualified for Federal service and were rejected prior to the mustering-in of the unit. I cannot, in justice,

approve this enrolled enactment.

DWIGHT D." EISENHOWER.

THE WHITE HOUSE, August 12, 1955.

nrTERNAL REVENUE ODE

H. R. 6887. I have withheld my approval from the bill H. R. 6*887, "To extend for 1 year the application of section

108 (b) and to amend section 2053 of the

Internal Revenue Code of 1954." This

bill would extend for 1 year a section of

the Revenue Code designed to facilitate

certain railroad reorganizations. In addition, it would safeguard certain bequests to charity from the .pyramiding

effect of State and Federal inheritance

and estate taxes.

Federal law properly exempts bequests

to charity from estate taxation. In

some situations, however, the intent of

the Federal law is negated by the imposition of State taxes on charitable be13082 August 2