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[No. 17.]

NAVY DEPARTMENT, Washington, December 2, 1908.

SENTENCES OF COURTS-MARTIAL EXTENDING TO LOSS OF LIFE OR DISMISSAL TO BE CONFIRMED BY THE PRESIDENT BEFORE EXECUTED.

SIR: The department submits for the favorable consideration of the committee a bill which provides that the sentence of a general court-martial which involves dismissal of a midshipman shall not be carried into execution until confirmed by the President. Under the present law, to which this is intended as an amendment, commissioned and warrant officers can not be dismissed without this approval. As midshipmen do not come under either of these classes, they may be dismissed, upon the approval of court-martial sentence, by the officer convening the court, in the same manner as enlisted men. As they are officers in a qualified sense and perform the duties of commissioned officers in many instances, and as they have the priority over warrant officers in the matter of command, it would seem just that their rights should be as jealously guarded and their standing as secure as that of warrant officers.

Very respectfully,

Hon. GEORGE EDMUND Foss,

Chairman of the Naval Committee,

TRUMAN H. NEWBERRY,

House of Representatives, Washington, D. C.

Secretary.

A BILL To amend article fifty-three of the articles for the government of the navy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That article fifty-three of section sixteen hundred and twentyfour of the Revised Statutes be, and the same is hereby, amended so as to read as follows:

"ART. 53. No sentence of a court-martial extending to the loss of life or to the dismissal of a commissioned or warrant officer or midshipman shall be carried into execution until confirmed by the President. All other sentences of a general courtmartial may be carried into execution on confirmation of the commander of the fleet or officer ordering the court."

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TO PROVIDE SUITABLE

[No. 18.]

NAVY DEPARTMENT, Washington, December 3, 1908.

CIVILIAN CLOTHING AND A CASH GUARANTEE TO NAVAL PRISONERS ON DISCHARGE.

SIR: Under the law all civilian prisoners convicted under the laws of the United States on indictment and all army prisoners are provided on discharge with a suit of plain clothes. No such specific authority is conferred in the case of discharged naval prisoners. In cases where men discharged from naval prisons have no money due them they must be turned out of prison without means and thus exposed to temptation, vagrancy, and crime, liable to become a tax upon the community and a reproach to the naval service. While such men usually have the uniform worn at the time they were committed, such uniform may not be suitable or seasonable at the time of discharge. The Comptroller of the Treasury, in a liberal decision rendered May 23, 1902, has held that "where a prisoner at the end of his term of confinement is without suitable clothing to enable him. to appear in public decently clad, the Government must, of necessity, supply such clothing, for it is not to be supposed that the law contemplated that he should be turned out of prison with nothing to

wear."

There is, however, no specific provision of law authorizing this, nor any appropriation therefor, and such action has been taken by virtue of necessity rather than under any express sanction of law, and it can not be carried far enough to fully and justly meet requirements. It is accordingly suggested that some such provision as that embodied in the inclosed draft of a bill "to provide suitable civilian clothing and a cash gratuity to naval prisoners on discharge," be favorably considered by the committee. The language of this bill is identical with that of section 14 of a bill (H. R. 6252) "to promote the administration of justice in the navy," which was introduced at the last session and referred to your committee, but which has not been reported. TRUMAN H. NEWBERRY,

Very respectfully,

Hon. GEORGE EDMUND Foss,

Chairman Committee on Naval Affairs,

House of Representatives.

Secretary.

A BILL To provide suitable civilian clothing and a cash gratuity to naval prisoners on discharge.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That persons confined in prisons in pursuance of the sentence of a naval court-martial shall, during such confinement, be allowed a reasonable

sum, not to exceed three dollars per month, for necessary prison expenses, and shall, upon discharge, be furnished with suitable civilian clothing and paid a gratuity, not to exceed twenty-five dollars: Provided, That such allowances shall be made in amounts to be fixed by, and in the discretion of, the Secretary of the Navy, and only in cases where the prisoners so discharged would otherwise be unprovided with suitable clothing or without funds to meet their immediate needs.

NAVY DEPARTMENT, Washington, December 16, 1908.

SIR: The department forwards herewith copies of two letters recently received, and respectfully invites your attention and that of the committee to their contents in connection with the department's letter to you with draft of bill inclosed, dated December 2, 1908, and trusts that the conditions described as being prevalent in Boston may be remedied by the enactment of the bill referred to. The department is powerless to prevent the occurrence of such cases, as men are not discharged penniless unless in debt to the Government, and no funds are available to be drawn upon to give them the cash necessary to leave the city. Having no civilian clothing, these men disgrace their uniforms in many instances and bring discredit to the service. TRUMAN H. NEWBERRY,

Very respectfully,

Hon. GEORGE EDMUND Foss,

Chairman Committee on Naval Affairs,

House of Representatives.

Secretary.

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[No. 19.]

NAVY DEPARTMENT, Washington, December 4, 1908.

ASSISTANT SWORDMASTER TO BE EMPLOYED IN THE DEPARTMENT OF ORDNANCE AND GUNNERY AT UNITED STATES NAVAL ACADEMY.

SIR: The department has the honor to recommend that provision be made in the estimates for naval appropriations for the fiscal year ending June 30, 1910, for one assistant swordmaster, at $1,000 per annum, to be employed in the department of ordnance and gunnery at the United States Naval Academy, to assist in instructing the midshipmen.

There are at present in this department one swordmaster and three assistant swordmasters. When there were less than 300 midshipmen at the academy there were three swordmasters, and although the number of midshipmen has been more than doubled, only one extra swordmaster has been employed.

In view of the additional number of midshipmen and the large membership in the fencing squad, due to the growing interest that is now being manifested in this form of athletics, one other swordmaster should be added to the present force, if proper instruction is to be given.

Very respectfully,

TRUMAN H. NEWBERRY,

CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives.

Secretary.

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