SEC. 5. This Act shall become effective on the last day of the twelfth month after approval of this Act, or on July 1, 1950, whichever date is later: Provided, That section 12 of this Act shall become effective on the date of the approval of this Act. SEC. 6. Articles of War 107, 108, 112, 113, 119, and 120 (41 Stat. 809, 810, 811), as amended are further amended as follows: (a) Delete from article 107, the words "Article 107." (b) Delete from article 108, the words "Article 108." (c) Delete from article 112, the words "Article 112." (d) Delete from article 113, the words "Article 113." (e) Delete from article 119, the words "Article 119." (f) Delete from article 120, the words "Article 120." These provisions as amended herein shall be construed to have the same force, effect, and applicability as they now have, but shall not be known as "Articles of War". SEC. 7. (a) AUTHORITY OF NAVAL OFFICERS AFTER LOSS OF VESSEL OR AIRCRAFT. When the crew of any naval vessel or naval aircraft are separated from their vessel or aircraft by means of its wreck, loss, or destruction, all the command and authority given to the officer of such vessel or aircraft shall remain in full force until such crew shall be regularly discharged or reassigned by competent authority. (b) AUTHORITY OF OFFICERS OF SEPARATE ORGANIZATION OF MARINES.-When a force of marines is embarked on a naval vessel or vessels, as a separate organization, not a part of the authorized complement thereof, the authority and powers of the officers of such separate organizations of marines shall be the same as though such organization were serving at a naval station on shore, but nothing herein shall be construed as impairing the paramount authority of the commanding officer of any vessel over the vessel under his command and all persons embarked thereon. (c) COMMANDERS' DUTIES OF EXAMPLE AND CORRECTION.-All commanding officers and others in authority in the naval service are required to show in themselves a good example of virtue, honor, patriotism, and subordination; to be vigilant in inspecting the conduct of all persons who are placed under their command; to guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Navy, all persons who are guilty of them; and to take all necessary and proper measures, under the laws, regulations and customs of the naval service, to promote and safeguard the morale, the physical well-being, and the general welfare of the officers and enlisted persons under their command or charge. (d) DIVINE SERVICE.-The commanders of vessels and naval activities to which chaplains are attached shall cause divine service to be performed on Sunday, whenever the weather and other circumstances allow it to be done; and it is earnestly recommended to all officers, seamen, and others in the naval service diligently to attend at every performance of the worship of Almighty God. (e) REVERENT BEHAVIOR.-All persons in the Navy are enjoined to behave themselves in a reverent and becoming manner during divine service. OATH OF ENLISTMENT SEC. 8. Every person who is enlisted in any armed force shall take the following oath or affirmation at the time of his enlistment: “I, do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice." This oath or affirmation may be taken before any officer. REMOVAL OF CIVIL SUITS SEC. 9. When any civil or criminal prosecution is commenced in any court of a State of the United States against any member of the armed forces of the United States on account of any act done under color of his office or status, or in respect to which he claims any right, title, or authority under any law of the United States respecting the armed forces thereof, or under the law of war, such suit or prosecution may at any time before the trial or final hearing thereof be removed for trial into the district court of the United States in the district where the same is pending in the manner prescribed by law, and the cause shall thereupon be entered on the docket of such district court, which shall proceed as if the cause had been originally commenced therein and shall have full power to hear and determine said cause. DISMISSAL OF OFFICERS SEC. 10. No officer shall be dismissed from any of the armed forces except by sentence of a general court-martial, or in commutation thereof, or, in time of war, by order of the President; but the President may at any time drop from the rolls of any armed force any officer who has been absent without authority from his place of duty for a period of three months or more, or who, having been found guilty by the civil authorities of any offense, is finally sentenced to confinement in a Federal or State penitentiary or correctional institution. SEC. 11. The proviso of section 3 of the Act of April 9, 1906 (34 Stat. 104, ch. 1370), is amended to read as follows: "Provided, That such midshipman shall not be confined in a military or naval prison or elsewhere with men who have been convicted of crimes or misdemeanors; and such finding and sentence shall be subject to review in the manner prescribed for general court-martial cases." SEC. 12. Under such regulations as the President may prescribe, The Judge Advocate General of any of the armed forces is authorized upon application of an accused person, and upon good cause shown, in his discretion to grant a new trial, or to vacate a sentence, restore rights, privileges, and property affected by such sentence, and substitute for a dismissed, dishonorable discharge, or bad conduct discharge, previously executed a form of discharge authorized for administrative issuance, in any courtmartial case involving offenses committed during World War II in which application is made within one year after termination of the war, or after its final disposition upon initial appellate review whichever is the later: Provided, That only one such application for a new trial may be entertained with regard to any one case: And provided further, Within the meaning of this section and of article of war 53, World War II shall be deemed to have ended as of the effective date of this Act. QUALIFICATIONS OF THE JUDGE ADVOCATES GENERAL SEC. 13. Notwithstanding any other provision of law, the Judge Advocates General, exclusive of the present incumbents, shall be members of the bar of a Federal court or of the highest court of a State, shall be judge advocates or law specialists and shall have at least eight years cumulative experience in a Judge Advocate's Corps, Department or Office, the last three years of which, prior to appointment, shall be consecutive: Provided, That in time of peace the provisions of this section shall not be applicable to the Coast Guard. SEC. 14. The following sections or parts thereof of the Revised Statutes or Statutes at Large are hereby repealed. Any rights or liabilities existing under such sections or parts thereof prior to the effective date of this Act shall not be affected by this repeal, and this Act shall not be effective to authorize trial or punishment for any offense if such trial or punishment is barred by the provisions of existing law: (a) Chapter II of the Act of June 4, 1920 (41 Stat. 759, 787-811, ch. 227), as amended, except Articles of War 107, 108, 112, 113, 119, and 120; (b) Revised Statutes, 1228 through 1230; (c) Act of January 19, 1911 (36 Stat. 894, ch. 22); (d) Paragraph 2 of section 2 of the Act of March 4, 1915 (38 Stat. 1062, 1084, ch. 143); (e) Revised Statutes 1441, 1621, and 1624, articles 1 through 14 and 16 through 63, as amended; (f) The provision of section 1457, Revised Statutes, which subjects officers retired from active service to the rules and articles for the government of the Navy and to trial by general court-martial; (g) Section 2 of the Act of June 22, 1874 (18 Stat. 191, 192, ch. 392); (h) The provision of the Act of March 3, 1893 (27 Stat. 715, 716, ch. 212), under the heading "Pay, Miscellaneous", relating to the punishment for fraudulent enlistment and receipt of any pay or allowances thereunder; (1) Act of January 25, 1895 (28 Stat. 639, ch. 45), as amended; (j) Provisions contained in the Act of March 2, 1895 (28 Stat. 825, 838, ch. 186), as amended, under the heading "Naval Academy", relating to the power of the Secretary of the Navy to convene general courts-martial for the trial of naval cadets (title changed to "midshipmen" by Act of July 1, 1902, 32 Stat. 662, 686, ch. 1368), his power to approve proceedings and execute sentences of such courts-martial, and the exceptional provision relating to approval, confirmation, and carrying into effect of sentences of suspension and dismissal; (k) Sections 1 through 12 and 15 through 17 of the Act of February 16, 1909 (35 Stat. 621, 623, ch. 131); (1) The provision of the Act of August 29, 1916 (39 Stat. 556, 573, ch. 417), under the heading "Hospital Corps", making officers and enlisted men of the Medical Department of the Navy who are serving with a body of marines detached for service with the Army subject to the rules and Articles of War while so serving; (m) The provisions in the Act of August 29, 1916 (39 Stat. 556, 586, ch. 417), under the heading "Administration of Justice"; (n) Act of October 6, 1917 (40 Stat. 393, ch. 93); (q) The provision of section 6, title I, of the Naval Reserve Act of 1938 (52 Stat. 1175, 1176, ch. 690), making members of the Fleet Reserve and officers and enlisted men who have been or may be transferred to the retired list of the Naval Reserve Force or the Naval Reserve or the honorary retired list with pay subject to the laws, regulations, and orders for the government of the Navy; (r) Section 301, title III, of the Naval Reserve Act of 1938 (52 Stat. 1175, 1180, ch. 690); (s) Act of March 22, 1943 (57 Stat. 41, ch. 18); (t) Act of April 9, 1943 (57 Stat. 58, ch. 36); (u) Sections 2, 3, 4, 6 and 7 of the Act of May 26, 1906 (34 Stat. 200, 201, ch. 2556); (v) The provision of the Act of June 5, 1920 (41 Stat. 874, 880, ch. 235), under the heading "Coast Guard", authorizing the trial of enlisted men in the Coast Guard by deck courts. 81ST CONGRESS HOUSE OF REPRESENTATIVES 1st Session REPORT No. 492 GEORGE H. WHIKE CONSTRUCTION CO. APRIL 29, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. BYRNE of New York, from the Committee on the Judiciary submitted the following REPORT [To accompany H. R. 4419] The Committee on the Judiciary, to whom was referred the bill (H. R. 4419) for the relief of George H. Whike Construction Co., having considered the same, report favorably thereon without amendment and recommend that the bill do pass. An identical bill was favorably reported by the committee and passed the House in the Eightieth Congress, but no action was taken by the Senate before final adjournment. The facts will be found fully set forth in House Report No. 2064, Eightieth Congress, second session, which is appended hereto and made a part of this report. [H. Rept. No. 2064, 80th Cong., 2d sess.] The purpose of the proposed legislation is to pay the sum of $14,483.45 to George H. Whike Construction Co., of Canton, Ohio, in full settlement of all claims against the United States for losses sustained on Jackson Park homes project contract No. OH-33037, Canton, Ohio, as the result of Executive Order 9301 changing the workweek from 40 hours to 48 hours on the same date (February 11, 1943) that contract was signed. GENERAL STATEMENT The Federal Public Housing Authority authorized the construction of a war housing project in Canton, Ohio, which became later known as Jackson Park Homes, war housing project, OH-33037, Canton, Ohio. February 11, 1943, the 1 H. Repts., 81-1, vol. 3- -11 George H. Whike Construction Co. submitted bids on this project based on a 40-hour workweek. On the same date of February 11, 1943, Executive Order No. 9301 was issued granting authority to the War Manpower Commission to place certain areas in a 48-hour workweek. Evidence before the committee disclosed that the principal contractor refused to enter into the contract to build this project until he was assured that in the event this area was placed in a 48hour workweek he would be reimbursed by the Government for the extra cost incident thereto. Evidence disclosed that the Federal Housing Authorities in Cleveland in order to assure the contractor that he would be reimbursed had typewritten at the bottom of page 3 of the bid form, which page sets out the cost of the labor and materials, the following language: "This bid is based on 40-hour week. If it becomes necessary to work more than 40 hours by Executive Order, we are to be reimbursed for the extra cost of such overtime, plus taxes and insurance." Evidence further shows that Whike Construction Co.'s bid was $35,760 lower than the next nearest bidder, further indicating that said bid was based on the 40-hour workweek. On August 9, 1943 the War Manpower Commission placed into effect an order for a 48-hour workweek in said Canton area, and said contractors were given until September 9, 1943, to comply with said order. This order necessarily entailed additional expenses for overtime, taxes, and insurance not only to the principal contractor but to numerous subcontractors. When the project was completed a claim was made in the amount of $14,483.45 to reimburse the construction company and the subcontractors for this overtime, taxes, and insurance, made necessary by the additional 8 hours per week. The committee has taken thi matter under consideration for considerable time, waiting on the outcome and the court's decision on an action brought in behalf of one of the larger subcontractors against this construction company. This suit was tried before the court of common pleas of Stark County, Ohio, January 14, 1948, which resulted in a verdict against the construction company, and said company was compelled to pay subcontractor the original claim of $2,381.33, plus 6 percent interest from December 19, 1943 which amounted to over $600. This case clearly indicated that the original contractor was liable for the overtime of the subcontractors, and the court held that the contractor alone was liable for the reason that there was no contract between the Housing Authority and the subcontractors. This was a test case and the contractor is now faced with suits on behalf of all the subcontractors' claims. Evidence was also introduced that at the same time this housing project was being constructed there was a similar project under construction immediately across the street, known as the Canton housing project, No. OH-33036; that the same situation arose with this contractor, who was the Melbourne Construction Co., of Canton, Ohio, in regard to the 48-hour workweek and the overtime, taxes, and insurance made necessary by said Executive Order 9301; and that the Melbourne Construction Co. was paid by the Housing Authority for these additional costs. It is difficult for the committee to understand the discrepancy between the two claims, as both contracts were signed at exactly the same time and the claims for the overtime were also presented in the same manner. The committee is satisfied that this claim is just and reasonable; that there was a contract between the Federal Housing Authority and the construction company to pay for this additional cost; and they recommend that said bill do pass. Hon. DAN R. McGEHEE, NATIONAL HOUSING AGENCY, House of Representatives, Washington, D. C. MY DEAR CONGRESSMAN MCGEHEE: This will supplement my letter of April 8 acknowledging your letter of April 1, requesting a report on H. R. 5954, a bill for the relief of George H. Whike Construction Co. We are enclosing a copy of a decision dated November 8, 1945, to Mr. Henderson H. Carson, attorney for the Whike Construction Co., from Mr. Philip M. Klutznick, Commissioner of Federal |