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you with which to make the investigations that must be made in order to supply them with the evidence.

Colonel MCMULLEN. We have tried that, and they have not got it. The Department of Justice sent the Assistant Attorney General who has charge of that matter up to the Bureau of the Budget when this matter was brought up. He testified that they did not have money to furnish the material that I furnished to them. They have no money for that purpose.

The CHAIRMAN. They have it for any purpose that may be required to successfully try cases, I should think.

Colonel McMULLEN. We have work that must be done in the War Department, and it has to be done by certain clerical assistants. We have a statute which prohibits the use of the clerical force of one department by another in Washington. Furthermore, the clerical force that they have on hand is not trained for this sort of work.

The CHAIRMAN. I did not suggest that; what I suggested was that they might apportion some of their appropriation to you for this work. Colonel MCMULLEN. They testified before the Bureau of the Budget that they did not have it and that they could not do it.

AMOUNT OF APPROPRIATIONS AND TIME NECESSARY TO COMPLETE CASES.

The CHAIRMAN. How did you arrive at this $35,000 as being the amount required?

Colonel McMULLEN. I did not arrive at it. I estimated from my knowledge of these cases that it would take something over five years to do the work. I estimated that we would be engaged in this work for about five more years. The statute of limitations begins to run against these claims on November 11, 1924, and this was a continuous operation, as you will remember, for about a year after the armistice. Therefore, the cases will be flowing into the Court of Claims from now on for a little more than a year. It will take about three or four years to dispose of the later cases that will come in. So I estimated that it would take about five years.

The CHAIRMAN. We were in the war three years after the armistice. Colonel MCMULLEN. But we were not manufacturing or buying very much. The statute runs against user from the time we bought the article containing the invention. Of course, if we are using it now, the statute would not run against it. We would have an element of equitable estoppel if they did not bring the suit within six years from the date we bought the infringing article or the date we used it. They would be equitably estopped from suing us, or we could put that up as a defense. The only way in which I could arrive at this amount now asked for was to sit down and figure out the proportionate amounts it had cost on cases when we had had a smaller number of cases.

I estimated that to develop these cases we would require about $25,000 a year for five years and I estimated a lump sum of $125,000 for five years. That went to the Budget Bureau, and it was at their suggestion that I asked for the lump sum for five years. However, after it had gone in the Budget Bureau, after considering it and reconsidering it, thought that it would be much better to prorate the requirements for the balance of the present fiscal year and for next

year, and ask for $35,000 for that period. Then it was thought that we should include in our regular estimates next year $25,000, or whatever amount we found from experience would be necessary.

The CHAIRMAN. You must have had in mind the character of the service you were going to require and the number of employees that would be necessary ?

Colonel MCMULLEN. I do not know how many will be required. We have 20 arts involved in these cases, and we have 273 claims. I might employ a man for three days in one case, or a month or six months.

The CHAIRMAN. It will not be permanent employment?

Colonel MCMULLEN. No, sir; none of it will be permanent, except possibly two or three stenographers.

The CHAIRMAN. You will use those employees in investigating the arts?

Colonel MCMULLEN. Yes, sir; just when we need them.

The CHAIRMAN. These would be experts in their peculiar lines, would they not?

Colonel MCMULLEN. Yes, sir. For instance, we would want experts in radio, mechanics, airplanes, and that sort of thing.

The CHAIRMAN. Have you not a lot of those people in the War Department?

Colonel MCMULLEN. There is none available.

The CHAIRMAN. What do you mean by saying they are not available?

Colonel MCMULLEN. They have not many of them, and you could not depend upon them. I have tried that from time to time, but you could not depend upon them, because they have other duties to perform.

The CHAIRMAN. Take, for example, the Air Service and the radio service: I think that under General Squiers's department or branch of the service you will find several experts.

Colonal MCMULLEN. Yes, sir. I do not want to say anything to discredit them, because they have some experts in the Signal Corps who are splendid experts in radio, but they do not know one side of patent law from another. Therefore, they are useless. You must get the combination. You must have men who have a general knowledge of patent law and who have a highly specialized knowledge of the subject involved, such as radio, chemical processes, etc. The CHAIRMAN. So that you see no other way to prepare the cases except to secure the services of specialists outside of the department? Colonel MCMULLEN. That is true, absolutely. I have gone over this thing, and I have worked very closely with the Department of Justice for the last four years. We have gone over this thing and considered it from every standpoint.

The CHAIRMAN. When are these cases liable to be brought up for trial?

Colonel MCMULLEN. They are coming on right along.

Airplanes.

Classification of subjects of cases pending in the Court of Claims.

Subject.

Total.

Automatic tools.

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SATURDAY, FEBRUARY 23, 1924.

QUARTERMASTER CORPS.

STATEMENTS OF BRIG. GEN. J. B. BELLINGER, CHIEF, SupPLY SERVICE; LIEUT. COL. H. R. CASEY. ASSISTANT TO THE CHIEF OF CONSTRUCTION; AND CAPT. A. J. CHAPPELL, FISCAL OFFICER, OFFICE OF THE QUARTERMASTER GENERAL.

WATER AND SEWERS AT MILITARY POSTS.

REPAIRS OF CENTRAL POWER PLANT ON CORREGIDOR ISLAND.

The CHAIRMAN. On page 83 we have an item for water and sewers at military posts, $55,000. What is this for, gentlemen?

General BELLINGER. Colonel Casey has the immediate charge of that. It was originally estimated at about $450,000, but it was cut down. This particular pumping system is pretty well worn out. Colonel CASEY. Mr. Chairman, in order to save your time I have made some notes. This, as you will see, is a progressive matter, which it will be necessary to go into somewhat fully in order to give you a full explanation.

The CHAIRMAN. Go right on. We want you to give us the fullest explanation possible.

Colonel CASEY. This item is a request for an appropriation of part of the amount necessary for the rehabilitation of the central power plant on the Island of Corregidor in the Philippines. A request was submitted to the Bureau of the Budget for $414,000 for the complete rehabilitation of this plant, but the Budget Committee approved an expenditure from this year's funds of $55,000 only. The details of this total estimate will be explained later.

Corregidor is an island of volcanic origin, and is situated near the entrance of Manila Bay. It is 30 miles from the City of Manila— four hours by boat when climatic conditions will permit. Very frequently during the typhoon season the island is entirely isolated for several days at a time; therefore this island must be independent and self-sustaining. It is the largest and most important center of the scheme of the coast defenses of Manila, and on this island are located the most important features of the defenses. The power plant is the heart of the whole situation.

In order that you may visualize the situation more clearly, I have had some sketches made with the names of the various localities on the island which will be referred to from time to time. The discussion will be divided under the subheads of "Power," "Fresh water," and "Salt water," as it is the desire that this committee see the situation as nearly as possible as it exists to-day.

As you approach the island from the sea side, it gives you very much that impression [exhibiting sketch]-namely, of pyramids. The CHAIRMAN. That is the highest elevation [indicating]?

Colonel CASEY. That is the highest elevation, and the larger one is the main part of the island, which we generally speak of as Corregidor. Of course, the rest of it is attached to it, but this peak is the important part.

Approaching it from an airplane, you get the idea of the situation of Corregidor proper, with its reference to the mainland, and with Manila to the rear. [Producing another sketch.] This [indicating] is the old crater.

Mr. BUCHANAN. Corregidor, then, is in the mouth of the inlet into the bay?

Colonel CASEY. Yes, sir.

General BELLINGER. It is at the mouth of Manila Bay?
Colonel CASEY. Right at the mouth, sir.

Mr. BUCHANAN. What is the distance to each shore from Corregidor 20 or 30 miles?

General BELLINGER. Oh, no; the Mariveles shore is about 5,000 feet, I think.

Colonel CASEY. It is about a mile and a half to two miles across. General BELLINGER. You see the island is nearer the Mariveles shore than it is the other shore.

Mr. BUCHANAN. Yes.

Colonel CASEY. I have had an offhand sketch made of Corregidor proper [producing sketch]. These names that have just accumulated, but they are good. Localities are known by these names all the time; for example, Bottomside, Middleside, and Topside. Most of the municipal work, all the power plants, etc., are at Bottomside; one of the reservoirs and part of the garrison are at Middleside; another of the reservoirs, the tanks, and the larger part of the garrison are at Topside.

LOCATION AND CONDITION OF POWER PLANT.

The central power plant is located at Bottomside, at the foot of a high bluff near the sea level, and in close proximity to the docks, in a concrete structure. You will see this little house indicated on the sketch. This plant consists of six Heine 300-horsepower boilers. The boiler plant furnishes power for two high-duty steam fresh-water pumps, three 300-KVA steam turbines, which in turn furnish the power, and two steam driven ice-making and refrigerating machines. The electric power developed from the turbines operates one high-duty centrifugal fresh-water pump, the post railway system, the post lighting system, power for motors, air compressors for operating freshwater wells, and salt-water pumps.

The CHAIRMAN. Do you pump this water up from that low level to the high level?

Colonel CASEY. Yes, sir.

General BELLINGER. About 550-odd feet.

Colonel CASEY. We pump it, sir, by stages. We have independent supply pipes, so that we pump only that part of the water that is needed at each level.

Mr. BUCHANAN. Do you have to have a new pump to raise it to each level?

Colonel CASEY. No, sir. For instance, we have one line connceted that will run into the Middleside reservoir.

Mr. BUCHANAN. Then your main pumping station down at the water level furnishes sufficient power to raise it to the top of the mountain?

Colonel CASEY. Yes, sir. It has to have sufficient power to raise it 650 feet.

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