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vation to be authorized will be paid for out of current appropriations; the fitting out of the Portsmouth must be provided for by specific appropriation, and the same will be made the subject of a separate letter.

Faithfully, yours,

Hon. LEMUEL P. PADGETT,

Chairman Committee on Naval Affairs,

G. VON L. MEYER.

United States House of Representatives.

The CHAIRMAN. Here is also a letter from you which refers simply to changing the language, putting in the word "hereafter" with reference to emergency purchases. We thought we did that last year, but I see it was left out.

I have a letter also from you with reference to the case of Mr. Burton McCullum, of the Bureau of Standards, illustrating the working of the law with reference to the employment of experts, and I will insert that in the hearing.

The letter referred to by the chairman follows:

DEPARTMENT OF THE NAVY, Washington, December 3, 1912. MY DEAR MR. CHAIRMAN: Throughout the other departments of the Government there are a large number of expert and well-known authorities on scientific and special subjects, whose services could be employed to great advantage in lecturing or conducting certain appropriate parts of post-graduate courses for officers of the Navy, if such employment, with compensation, were authorized by law.

In a decision dated March 20, 1911, in the case of Mr. Burton McCullum, of the Bureau of Standards, who took leave without pay in order to lecture before the School of Marine Engineering, Naval Academy, at the special request of the Navy Department, the Comptroller of the Treasury held that, under section 1765 (R. S.)

“No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation."

And under a provision of the act of June 20, 1874 (18 Stat., 109), which reads:

"That no civil officer of the Government shall hereafter receive any compensation or perquisites, directly or indirectly, from the Treasury or property of the United States beyond his salary or compensation allowed by law: Provided, That this shall not be construed to prevent the employment and payment by the Department of Justice of district attorneys as now allowed by law for the performance of services not covered by their salaries and fees."

Mr. McCullum could not be paid for his services, and that, as a general principle, the provisions of law quoted operate to "prohibit the payment of additional pay, extra allowance, or compensation to any officer or person in the public service, whose salary, pay, or emoluments are fixed by law or regulation, unless such additional pay, extra allowance, or compensation is fixed by law or regulation and appropriation made therefor. This rule applies even though the additional services are rendered outside of office hours or during vacation."

This broad field of technical knowledge, which would be of the greatest value in the training and further development of naval officers, is thus inaccessible to the Navy Department unless given gratuitously, which would be an arrangement little to be depended upon, if at all.

It would seem desirable, therefore, that express authority of law be given to make the services of Government scientists and specialists available, so that on request of the Secretary of the Navy, and with the approval of the heads of their respective departments, they may lecture at the Naval Academy or assist otherwise in connection with post-graduate work and be suitably reimbursed for their services and their expenses while so engaged.

Accordingly. I have the honor to recommend that the following or a similar clause be incorporated into the language of the appropriation "Pay, miscellaneous," to follow after the phrase "cost of special instruction at home and abroad in maintenance of students and attachés," viz:

"And in reimbursement of civil officers or employees of the Government for their services and expenses incident to such special instruction in addition to their regular compensation."

Faithfully, yours,

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

G. V. MEYER.

House of Representatives, Washington, D. C.

The CHAIRMAN. I will also insert your letter with reference to the pilot charges at Pearl Harbor, so that it will appear in the hearing. The letter referred to by the chairman follows:

NAVY DEPARTMENT, Washington, January 7, 1913.

SIR: Your attention is invited to the provision in the naval act of August 22, 1912, under the heading "Naval Station, Pearl Harbor, Hawaii,” authorizing the Secretary of the Navy to prescribe rules and regulations for the control, protection, and defense of the naval station, harbor, and entrance channel at Pearl Harbor and to take necessary measures for the enforcement thereof, and to advise you that the employment of a harbormaster is necessary to the proper administration of affairs at that place.

A salary of $3,000 a year is regarded as proper compensation for harbormaster, and it is purposed to appoint to the position, at that salary as totai compensation, a man who is qualified to act also as pilot at the station. The. appropriation "Maintenance of yards and docks" is available for the payment of such employee's salary, but that item was not included in the estimates on which the appropriation under that heading for the current year was based, and the additional disbursement on said account will interfere somewhat with contemplated expenditures.

The traffic at Pearl Harbor up to the present, exclusive of the local commerce among the islands, has not been very extensive, but during the past year several vessels that required piloting have entered the harbor, and it is believed that in view of the recent deepening of the channel and establishment of the station the traffic will considerably increase. The pilotage receipts would seem to be appropriately applicable to the payment of expenses necessary to facilitate the commerce of the port, including the harbormaster's compensation, but under existing law they can not be used for that purpose.

It is requested, therefore, that a provision be inserted in the naval bill authorizing the application of the fees received for pilotage to payment of the harbormaster's salary.

The following is suggested as a suitable provision for the purpose, and it is requested that it be inserted in the bill under "Public works, Bureau of Yards and Docks: ** * * Naval station, Pearl Harbor, Hawaii," viz:

"Hereafter pilotage receipts at Pearl Harbor may be applied by the Secre tary of the Navy, so far as may be necessary, to payment of the salary of the harbormaster at said port."

Very respectfully,

Hon. LEMUEL P. PADGETT,

Chairman Committee on Naval Affairs,
House of Representatives.

BEEKMAN WINTHROP

Acting Secretary.

DEPARTMENT OF THE NAVY,
Washington, January 16, 1913.

MY DEAR MR. CHAIRMAN: I desire to invite your particular attention to the urgent necessity for the increase of $1,366,700 asked for under the appropriation "Equipment of vessels, 1914."

I have had the following data compiled from the records of this department to show comparatively the demands upon this appropriation for the fiscal years 1910-1913, inclusive:

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(a) In 1910 (see my hearings before your committee, Dec. 16, 1909, p. 303), there was added to this appropriation from "Common general stores," about $504,000 worth of stores and equipment, actually making this appropriation $4,439,400. Finally there was a balance in 1910 of $55,532. So that the total expenditures under this appropriation for that year amounted to $4,383,868.

(b) Balance: The balance shown under 1912 will without doubt entirely disappear when all claims under it are finally adjusted.

(c) The number of ships is obtained by taking the average of the number in commission the 1st of each month during the fiscal year.

While the above table shows that the number of ships in commission has increased from 216.7 in 1910 to 277.7 in 1913, it does not fully show the increase in demands made upon this appropriation for the reason that the increase in the number of battleships in commission has been in greater proportion than elsewhere, except in destroyers

Averaging the expenditures for the last fiscal year under this appropriation, it has been found that the cost of maintaining a battleship or armored cruiser is about 9.0 times as much as for destroyers; a cruiser 3.2 times as much; a gunboat 1.8 times as much, and for other vessels 1.4 times as much.

If we then give to each class of ships a weight in proportion to its demand upon this appropriation, the following striking comparison will show what we have been called upon to do with this appropriation :

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This shows that the unit demand on this appropriation has increased from 562.2 to 733.9, an increase of over 31 per cent, while the appropriation is actually less than for 1910. An increase of only 19 per cent over 1910 expenditures is now asked and urgently needed under this appropriation.

On the same basis as for 1910 we should now be asking for $5,742,867, and yet in spite of an increase in cost of stores and equipments of from 20 to 30 per cent under this appropriation we are now asking for a considerably less

sum.

During the present fiscal year, in order to prevent a deficit under this appropriation, the following unusual action by the department has been necessary: On September 24, 1912, instructions were issued to all bureaus that, owing to the condition of funds under this appropriation, they were to give careful scrutiny to all approved projects and to eliminate every item of improvement that is not absolutely necessary for the safety and sanitation of the ships.

On November 11, 1912, a general order was issued directing that all quarterly allotments of this appropriation coming under the Bureau of Construction and Repair be reduced 25 per cent for the remainder of the fiscal year.

On December 10, 1912, instructions were given for a general order to be issued to the service, suspending the athletic allowances which are purchased under this appropriation, for the remainder of the fiscal year. thus accomplishing a very necessary saving of about $7,000.

If the amount requested under this appropriation is granted, it has been tentatively decided to make allotments as follows:

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The increase of $50,906.40 recommended for pay of classified employees under " Equipment of vessels" is desired to make necessary increases in force and deserving increases in compensation. The classified force paid from this appropriation is not adequate to carry on the work authorized thereby, and there are a number of instances where the present rates of pay are not at all commensurate with the class of work performed.

BUREAU OF NAVIGATION.

This bureau has only been able in the past two years to keep within its allotment by disallowing every possible item under its allowance list, supplying only such things as appeared to be vital to the welfare of the ship. This policy can not longer continue without seriously injuring the efficiency of vessels of the Navy.

This matter was referred to by Rear Admiral Andrews in his hearings before your committee December 17, 1912, on pages 323 and 324.

The following tentative estimates of this bureau's allotment for 1914 are respectfully submitted for your information:

For the purchase at home and abroad of articles of equipage, and the
payment of labor in equipping vessels therewith, and the manufac-
ture of such articles in the several navy yards; compass fittings,
including binnacles, tripods, and other appendages of ships' com-
passes, services, and materials in repairing, correcting, adjusting,
and testing same on shore and on board ship_-_-
Supplies for seamens' quarters___

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Pilotage and towage of ships of war; canal tolls, wharfage, dock, and port charges, and other necessary incidental expenses of a similar character

Nautical and astronomical instruments and repairs to same; logs and
appliances for measuring the ship's way, and leads and other appli-
ances for sounding--

Libraries for ships of war, and professional books and papers.
Photographs and photographic instruments and material_-

Total

$132 000

450

35,000

153,000

29,400

150

350,000

BUREAU OF CONSTRUCTION AND REPAIR.

This bureau's allotment for the fiscal year 1913 from the appropriation “Equipment of vessels (C. & R.)" amounts, in round numbers, to $1,359,000. The estimates for the fiscal year 1914 under this appropriation are $1,802,400. This is an increase of $443,400 over the current year's appropriation. This additional amount is requested in order that the department may have sufficient funds to enable it to properly carry out work chargeable to this appropriation. For the first six months of this fiscal year expenditures have been about twothirds of the available appropriation, leaving for the balance of the fiscal year only one-third of the appropriation. During the first six months amounts allotted to navy yards for labor and material have been approximately 50 per cent less than the amounts estimated from the yards as necessary. In addition. the amounts allotted for issues to ships have been 30 to 40 per cent less than the amounts estimated from the yards as required. During the first six months of this fiscal year allotments have therefore been at least 30 per cent less than asked for.

The following tentative estimates of this bureau's allotment for 1914 are submitted for your information:

Maintenance of fleet:

Naval supply account afloat, issues of supplies, etc.- $185,000
Miscellaneous public bills by pay officers afloat for

supplies and services_

10,000

Naval supply account issues by general storekeepers ashore direct to ships in commission--

1.350, 000

$1,545,000

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Ordinary repairs and renewals on board ships, Titles D and P._

147,600

Contingent.

2.400

Total_

1. 800,000

BUREAU OF STEAM ENGINEERING.

The urgent necessity for the increase in this bureau's allotment was fully discussed by Admiral Cone in his hearings before your committee January 6. 1913, pages 413 to 419.

The following tentative estimate for this bureau's allotment for 1914 is respectfully submitted for your information:

Maintenance of fleet:

Naval supply account afloat, issues of supplies, etc.---- $165,000
Miscellaneous public bills by pay officers afloat for

supplies and services___

35,000

Naval supply account, issues by general storekeepers ashore direct to ships in commission_..

500.000

$700,000

Navy yards and stations:

Additional machinery and shop appliances_

25.000

Maintenance of yard craft__.

15,000

Care and preservation of ships out of commission_
Leave, holiday, and disability pay----

15,000

65,000

Miscellaneous, including inspections, military maintenance, expenditures, etc...

54.300

174.300

Ordinary repairs and renewals of electrical plants on board ships, titles D and P.

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