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