White House Press Release, Message of President Harry S. Truman to the United States House of Representatives

147 HOLD FOR RELEASE HOLD FOR RELEASE HOLD FOR RELEASE APRIL 27, 1948 CONFIDENTIALY To be held in STRICT CONFIDENCE and no portion, synopsis or intimation to be given out or published until the READING of the President's Message has begun in the House of Representatives. Extreme care must therefore be exercised to avoid premature publication. CHARLES G. ROSS Secretary to the President TO THE HOUSE OF REPRESENTATIVES I return herewith without my approval the enrolled bill (H.R. 388) "For the relief of Bert Harrington, Junior." The bill would authorize the payment of the sun of $5,305 to Bert Harrington, Junior, of Burbank, California, in full settlement of all claims against the United States for the infringement of personal liberty, loss of compensation, damage to business, and personal expenses which resulted from his arrest on February 1, 1946, and subsequent im- prisonment in San Pedro, California, on the high seas, and in Manila, Philippine Islands, such arrest and imprisonment being made on the criminal charge of misappropriation of Government property, although the charge was subsequently dismissed. According to a letter from the Judge Advocate General of the Navy, dated June 6, 1947, which is contained in the report accompanying the bill (s. Rept. No. 1103, 80th Cong.), it appears that Bert Harrington, Junior, was honorably discharged on November 2, 1945, as a chief boat- swain's mate, United States Naval Reserve, at the personnel separation center, Bremerton, Washington. On January 8, 1946, the commander of the Philippine Sea Frontier informed the Navy Department that three enlisted men received the sum of $3,000 for Government property sold to a civilian, one of whom was reported to be Harrington. The commander of the Philippine Sea Frontier requested that Harrington be returned to that command for trial by general court-martial. On January 17, 1946, the Navy Department advised the commander of the Philippine Sea Frontier that Harrington had been discharged on November 2, 1945, and requested information as to whether the case came within article 14, Articles for the Government of the Navy (R.S. 1624), and whether the circumstances warranted Harrington's arrest and return to the Philippine Sea Frontier. On January 20, 1946, the commander of the Philippine Sea Frontier advised the Navy Department that Harrington and two other enlisted men repaired a Japanese PT boat with United States property; that these men used the boat in the battalion boat pool; and that on inactivation of the battalion, they sold the boat to a Chinese for $3,000, and executed a bill of sale therefor. The commander of the Philippine Sea Frontier recommended Harrington's arrest and return to the Philippine Sea Frontier for trial. On January 21, 1946, the Navy Department directed that Harrington be arrested by naval guard and returned in a prisoner status to the commander of the Philippine Sea Frontier for trial. Navy Department records show that Harrington was arrested by the Los Angeles, California, Navy shore patrol on February 1, 1946, and was delivered to the receiving station, Terminal Island, California, on the same date for further transfer to the commander of the Philippine Sea Frontier on March 26, 1946. After Harrington's arrival in the Philippine Sea Frontier, the convening authority, in view of the unavailability of requested defense witnesses, elected to nolle prosequi the charges and specifications pre- ferred against Harrington. Harrington as therefore returned to the United States by Government air transportation, departing on May 22, 1946. He arrived in the United States on May 24, 1946, and reported to the receiving ship, San Francisco, California, on that date for release. The Judge Advocate General of the Navy concludes his letter by recommending against the enactment of the bill. (OVER)