TITLE X

THE DEPARTMENT OF THE NAVY

This Title, as enacted in the Revised Statutes, was not divided into chapters. For convenience, the sections thereof remaining in force and subsequent provisions which relate to the Department, the Bureaus therein, its officers, clerks, employés, etc., generally, are placed in chapter A; and the sections and provisions applicable only to the Hydrographic Office and to the Naval Observatory and the Nautical Almanac Office, respectively, are placed in separate chapters, B and C.

A. The Department and the Secretary of the Navy..

B. The Hydrographic Office....

C. The Naval Observatory and the Nautical Almanac Office.

Sec.

632. Detail of officer of Navy as assistant to Chief of Bureau of Ordnance.

633. Chief of Bureau of Construction and Repair.

634. Naval Constructor eligible

as

Chief of Bureau of Construction
and Repair.

635. Chief of Bureau of Steam Engi-
neering.

636. Detail of officer of Navy as as-
sistant to Chief of Bureau of
Steam Engineering.
637. Chief of Bureau of Supplies and
Accounts.

638. Detail of officer of Navy as as-
sistant to Chief of Bureau of
Supplies and Accounts.

639. Pay of officer of Navy detailed as assistant to Chief of Bureau of Supplies and Accounts. 640. Civilian assistant to Chief of Bureau of Supplies and Accounts. 641. Chief of Bureau of Medicine and Surgery.

642. Detail of medical officer of Navy as assistant to Bureau of Medicine and Surgery.

642a. Detail of officers of Corps of Civil

Engineers and Corps of Naval
Constructors as assistants to
Chiefs of Bureaus of Yards and
Docks and Bureau of Construc-
tion and Repair: performance
of duties of Chiefs.

643. Loan of scientific instruments for

use of Weather Service.

644. Collection of enemies' flags.

Sec.

645. Captured flags.

646. Preservation of flags in some public place.

647. Acceptance and care of gifts presented to vessels of the Navy. 647a. Lease of property by Secretary of the Navy; reports to Congress; oil, mineral, or phosphate lands excepted; disposition of proceeds of lease.

648. Reports to Congress by Secretary of Treasury.

nary

649. Report of expenditures for civil-
ian employés other than ordi-
mechanics and working-
men; estimates therefor.
650. Report of proposed repairs or
changes on vessels amounting to
more than $200,000; expendí-
tures therefor only after appro-
priations.

651. Report of expenditures for repairs
amounting to more than $200,-
000 on one vessel in one year.
652. Adjustment and report of claims
for damages by collision for
which vessels of Navy found re-
sponsible.

652a. Report of expenditures for experi-
mental and research laboratory.

653. Estimates for expenses.
654. Contingent expenses not

to be

paid out of appropriations for naval establishment.

655. Contingent expenses not to be paid out of appropriations for naval establishment.

§ 610. (R. S. § 415.) Establishment of the Department of the Navy.

There shall be at the seat of Government an Executive Department, to be known as the Department of the Navy, and a Secretary of the Navy, who shall be the head thereof.

Act April 30, 1798, c. 35, § 1, 1 Stat. 553.

A council of National Defense, composed of the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture. the Secretary of Commerce, and the Secretary of Labor, was created by Act Aug. 29, 1916, c. 418, § 2, set forth post, under Title XVII A, "The Council of National Defense and the Advisory Committee on Aeronautics."

The President is authorized to appoint as members of the Advisory Committee for Aeronautics two members from the Navy Department, from the office in charge of Naval Aeronautics, by a provision in Act March 3, 1915, c. 83, also, post, under Title XVII A, "The Council of National Defense and the Advisory Committee on Aeronautics."

All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post. § 3228a.

The

Officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b.

Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a.

By a provision in the naval service appropriation act for the fiscal year

1916, Act March 3, 1915, c. 83, post, § 621b, the Chief of Naval Operations, an office created by another provision in said act, also post, § 621a, is declared to be next in succession to act as Secretary of the Navy in the absence of the Secretary and the Assistant Secretary of the Navy.

Other provisions relating to the Chief of Naval Operations, contained in the naval service appropriation act for the fiscal year 1917, Act Aug. 29, 1916, c. 417, are set forth post, § 621c.

Notes of Decisions

Powers of Secretary.-The Secretary of the Navy has authority to transfer control of certain land at San Juan, P. R., reserved by executive order for naval purposes, to the Department of Commerce and Labor, for the extension

of the lighthouse reservation at that place. (1907) 25 Op. Atty. Gen. 269.

Cited without definite application, Smith v. Whitney (1886) 6 Sup. Ct. 570, 576, 116 U. S. 167, 29 L. Ed. 601.

§ 611. (Act July 11, 1890, c. 667, § 1.) Assistant Secretary of the Navy.

For an assistant Secretary of the Navy, to be appointed, from civil life, by the President, by and with the advice and consent of the Senate, who shall receive a compensation, at the rate of four thousand five hundred dollars per annum. (26 Stat. 254.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1891, cited above.

A previous provision for the appointment of an Assistant Secretary, contained in Act Aug. 5, 1882, c. 389, § 1, 22 Stat. 243, was repealed by Act March 3, 1883, c. 128, § 1, 22 Stat. 550.

A provision relating to the duties of the Assistant Secretary, made by Act March 3, 1891, c. 541, § 1, is set forth post, § 621.

By a provision in the naval service appropriation act for the fiscal year 1916, Act March 3, 1915, c. 83, post, § 621b, the Chief of Naval Operations, an office created by another provision in said act, also post, § 621a, is declared to be the next in succession to act as Secretary of the Navy in the absence of the Secretary and the Assistant Secretary of the Navy.

Other provisions relating to the Chief of Naval Operations, contained in the naval service appropriation act for the fiscal year 1917, Act Aug. 29, 1916, c. 417, are set forth post, § 621c.

Recent appropriations for the Assistant Secretary are $5,000. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat. See, also, notes to § 610, ante.

§ 612. (Act June 8, 1880, c. 129, as amended, Act June 5, 1896, c. 331.) Judge-Advocate-General of the Navy.

That the President of the United States be, and he is hereby, authorized to appoint, for the term of four years, by and with the advice and consent of the Senate, from the officers of the Navy or the Marine Corps, a judge-advocate-general of the Navy with the rank and highest pay of a captain the Navy or the rank, pay, and allowances of a colonel in the Marine Corps, as the case may be. And the office of the said judge-advocate-general shall be in the Navy Department, where he shall, under the direction of the Secretary of the Navy, receive, revise, and have recorded the proceedings of all courts-martial, courts of inquiry, and boards for the examination of officers for retirement and promotion in the naval service, and perform such other duties as have heretofore been performed by the solicitor and naval judge-advocate-general. (21 Stat. 164. 29 Stat. 251.)

This act was entitled "An act to authorize the President to appoint an officer of the Navy or the Marine Corps to perform the duties of Solicitor and Judge-Advocate-General, and so forth, and to fix the rank and pay of such

officer."

As originally enacted, the act provided for the appointment "with the rank, pay, and allowances of a captain in the Navy or a colonel in the Marine Corps, as the case may be." The amendment by Act June 5, 1896, c. 331, cited above, inserted, in lieu of said words, the words "with the rank and highest pay of a captain the Navy, or the rank, pay, and allowances of a colonel in the Marine Corps, as the case may be," making the act read as set forth here. Said amendatory act also contained a proviso that the amendment

should take effect from July 19, 1892, the date on which the then incumbent entered on duty, and that the amount therein appropriated should be payable from the appropriation "Pay of the Navy."

The office of Naval Solicitor in the Department of Justice, authorized by R. S. § 349, was abolished by a provision of Act June 19, 1878, c. 329, § 1, 20 Stat. 205. See note to R. S. § 349, ante, § 521.

The appointment of a solicitor, as assistant to the Judge-Advocate-General, at a salary of $2,500, was authorized by a provision of Act April 17, 1900, c. 192, § 1, 37 Stat. 117, which provision was repeated in the same language in subsequent legislative, executive, and judicial appropriation acts. A provision of Act June 29, 1906, c. 3590, 34 Stat. 555, increased the salary to $4,000 during the service of the then incumbent. Recent appropriations for said solicitor were $4,000. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat. All of these provisions were superseded by a provision in the naval service appropriation act for the fiscal year 1917, Act Aug. 29, 1916, c. 417, post, § 613, authorizing the detail of an officer of the line of the Navy or Marine Corps as assistant to the Judge-Advocate-General. Decisions

Notes of

Rank, pay, etc., of Judge Advocate General. This act did not give an officer of the navy appointed Judge Advocate General the sea pay and allowances of a captain in the navy, but only shore duty pay. Lemly v. U. S. (1893) 28 Ct. Cl. 468.

The rank of the Judge Advocate Gen

§ 613. (Act Aug. 29, 1916, c. 417.)

eral under this act was actual, as distinguished from assimilated rank, and a captain in the Marine Corps appointed to the office held actual rank as colonel in that corps, and on retirement was entitled to the retired pay of that rank. Remey v. U. S. (1898) 33 Ct. Cl. 218.

Detail of officer of line of Navy or Marine Corps as assistant to Judge-Advocate-General; performance of duties of Judge-Advocate-General.

Hereafter an officer of the line of the Navy or Marine Corps may be detailed as assistant to the Judge Advocate General of the Navy, who shall, under similar conditions, perform the duties of the Judge Advocate General. (39 Stat.)

This was a provision of the naval service appropriation act for the fiscal year 1917, cited above. It superseded provisions in Act April 17, 1900, c. 192, § 1, 31 Stat. 117, and subsequent acts, for a solicitor, to be an assistant to the Judge-Advocate-General. See note to § 612, ante.

The "similar conditions" mentioned in this section refer to a previous paragraph of said Act Aug. 29, 1916, c. 417, authorizing the detail of officers as assistants to the Chief of the Bureau of Yards and Docks and the Chief of the Bureau of Construction and Repair, said assistants to perform the duties of their respective chiefs, in case of their death, resignation, absence, or sickness, etc. See post, § 642a.

§ 614. (R. S. § 416.)

Clerks and employés.

There shall be in the Department of the Navy:

One chief clerk, at a salary of two thousand five hundred dollars a year, so long as there is no Assistant Secretary of the Navy, and at a salary of two thousand two hundred dollars a year when there is an Assistant Secretary of the Navy.

One disbursing clerk.

In the Bureau of Yards and Docks:

One civil engineer, at a salary of three thousand dollars a year. One chief clerk, at a salary of one thousand eight hundred dollars a year.

One draughtsman, at a salary of one thousand eight hundred dollars a year.

In the Bureau of Equipment and Recruiting:

One chief clerk, at a salary of one thousand eight hundred dollars a year.

In the Bureau of Construction and Repair:

One chief clerk, at a salary of one thousand eight hundred dollars a year.

One draughtsman, at a salary of one thousand eight hundred dollars a year.

In the Bureau of Steam Engineering:

One chief clerk, at a salary of one thousand eight hundred dollars

a year.

One draughtsman, at a salary of one thousand eight hundred dollars a year.

One assistant draughtsman, at a salary of one thousand two hundred dollars a year.

In the Bureau of Navigation:

One chief clerk, at a salary of one thousand eight hundred dollars a year.

In the Bureau of Ordnance:

One chief clerk, at a salary of one thousand eight hundred dollars a year.

One draughtsman, at a salary of one thousand eight hundred dollars a year.

In the Bureau of Provisions and Clothing:

One chief clerk, at a salary of one thousand eight hundred dollars a year.

In the Bureau of Medicine and Surgery:

One chief clerk, at a salary of one thousand eight hundred dollars a year.

Act July 5, 1862, c. 134, 12 Stat. 510. Act July 2, 1864, c. 219, § 4, 13 Stat. 373. Act July 23, 1866, c. 208, § 8, 14 Stat. 207. Act March 3, 1871, c. 113, § 3, 16 Stat. 494. Act March 3, 1873, c. 226, § 1, 17 Stat. 501, 502. This section enumerated the subordinate officers in the Department and their salaries at the time of the compilation of the Revised Statutes, as authorized by the then existing statutes, cited above. But the officers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, ante, § 248. Subsequent appropriation acts provided for officers and clerks and for salaries different from those fixed by the above section. The appropriations for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat. A provision of this section for "one superintendent of the Navy Department building," was superseded by the provision for a superintendent of the State, War, and Navy Department building, contained in Act March 3, 1883, c. 128, § 1, post, § 3328, and is omitted.

The salary of the chief clerk was continued at $2,500 a year, and was not reduced to $2,200 in accordance with this section, on the creation of the office of Assistant Secretary by Act July 11, 1890, c. 667, § 1, ante, § 611. Recent appropriations for the chief clerk are $3,000. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

Recent appropriations for chief clerks in the several Bureaus of the Department are usually $2,250. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat., and were as follows: Office of Naval Records and Library, $2,000; Office of Chief of Naval Operations, $2,250; Bureau of Navigation, $2,250; Hydrographic Office, $1,800; Bureau of Steam Engineering, $2,250; Bureau of Construction and Repair, $2,250; Bureau of Ordnance, $2,250; Bureau of Medicine and Surgery, $2,250; Bureau of Yards and Docks, $2,250.

An appropriation by Act May 28, 1896, c. 252, § 1, 29 Stat. 164, as amended by Act June 8, 1896, c. 373, § 1, 29 Stat. 285, for a "clerk in charge of civil appointments and labor regulations at navy-yards, who shall also perform the duties of appointment clerk of the Navy Department," repeated in several later acts, was not continued in subsequent years, and is omitted as temporary merely.

The Bureau of Provisions and Clothing was designated the Bureau of Supplies and Accounts, by a provision of Act July 19, 1892, c. 206, § 1, post, § 623.

In addition to the specific appropriations in the annual legislative, executive, and judicial appropriation acts for compensation of the officers, clerks, and other employés enumerated therein, said acts make special provisions each year for the employment of services of draftsmen and such other technical services as the Secretary may deem necessary, in the Bureau of Steam Engineering, in the Bureau of Construction and Repair, in the Bureau of Ordnance, and in the Bureau of Yards and Docks, to carry into effect appropriations specified, and to be paid from such appropriations, the entire expenditures by each of said Bureaus for such purposes for the fiscal year not