4 December 1946 PERSONAL AND CONFIDENTIAL Honrable S. A. Andretta The Administrative Assistant U. S. Department of Justice Washington, D. C. Dear Mr. Andretta: I have a problem arising which I would like to discuss with you with the view to once again obtaining your suggestions and, if it is proper, your help. I have just received word that it is likely that there will be a vacancy on the Supreme Court of Appeals of Virginia between now and May. The appointment to fill this vacancy will be made by the Governor, and I am told that my name is being given serious consideration. If the appointment is made it will require the immediate acceptance, and for that reason, although it may appear a little presumptuous on my part, I cannot wait until the last minute to determine what my course of action may be. As you probably know, the salaries of judicial officers in the State of Virginia are very low, and if I were to receive the appointment its acceptance would be at a great financial sacrifice. For this reason, I cannot afford to lose my retirement benefits, and I want to ask you if there is any way by which they can be preserved. I have been in the Federal service continuously since December 20, 1933, and I had a little more than two years service in the army during World War I. The time served overseas in World War I was thirteen months, and apparently I will have credit of over a years overseas service at this time. I understand there is some additional credit given for overseas service, but I am not positive as to this. It appears in any event that I will have had more than fifteen years of government service. I have an indistinct recollection that if I were to resign as U. S. Attorney, I would forfeit retirement benefits. IT would seem to me that this result could be avoided by having me assigned to the War Department, which would amount to nothing more than a transfer from one government department to another, in which event I would assume that I would not lose retirement benefits.