flicted by sentence of general, summary, or deck courts. The Department is considering recommending a change in the laws which prescribe this method of punishment, and suggesting some method by which a part of these fines at least may be kept to the credit of the man until the expiration of his enlistment; in other words, he is only estopped from using a portion of his pay, should that be the punishment given by the court.

The offenses of absence without leave, desertion, and fraudulent enlistment furnish a great number of offenses against discipline. These would be materially reduced if a closer scrutiny were made of those seeking to enlist in the navy. I intend, as far as possible, to have the moral character and habits of those who wish to enlist in the navy more carefully scrutinized, in order to carry out this plan. It will undoubtedly somewhat reduce the number of those who enlist, but it will also reduce the number of offenders of every class and will probably cause an even greater proportionate reduction in the number of deserters.

NAVAL RESERVE.

The department renews its recommendation that legislation be enacted for the establishment of a naval reserve of officers and men. The department has submitted a draft of a bill embodying its ideas for the legal establishment of a naval reserve of officers and men, which has been introduced as S. 7644 and H. R. 24942, entitled "A bill to provide for a reserve of personnel for the United States Navy and Marine Corps and for its enrollment," and is now before both Houses of Congress awaiting action.

NAVAL MILITIA.

The naval militia now comprises about 7,000, organized under the laws of the different States bordering upon the seas and upon the Great Lakes, with several additional organizations in prospect of enrollment as soon as the state legislatures pass the necessary enabling acts. These separate organizations, as they are at present, are not under central control and training. The formation of a naval militia on the general lines of the legally organized land militia is a necessity, and legislation is required to accomplish this.

The duties of the naval militia in time of war are of sufficient importance to warrant its coordination in training and discipline with the Regular Navy, and the militia should be given encouragement in order that the number may be greatly increased.

During the past year certain naval militia organizations were sent upon their annual summer training cruises on board the battle ships of the Atlantic Fleet, thus affording them an opportunity for train

ing with the latest and best naval material, and also bringing them into close touch with the Regular Navy. In these instances the militiamen were distributed among the regular crews and the officers among the officers of the battle ships. Other organizations of the naval militia received their drills upon the vessels assigned to them, officers of the Regular Navy being detailed to supervise and report upon the exercises, and the records of these practice cruises were excellent.

The department has carefully considered the question of the organization and training of the naval militia and has had the General Board review the bill submitted to Congress last session. This bill has been reported as H. R. 17759, Union Calendar No. 307, Report No. 1712, entitled "A bill to promote the efficiency of the naval militia, and for other purposes." With certain additional necessary and advisable modifications, which the department will submit, it meets with my approval.

NAVY PENSION FUND.

In accordance with the provisions of section 3667 of the Revised Statutes, which reads:

The Secretary of the Navy shall annually submit to Congress estimates of the claims and demands chargeable upon and payable out of the naval-pension fund

it is reported that the balance on the books of the Treasury to the credit of "navy-pension fund" (interest) on June 30, 1910, was $448,765.08. On July 1, 1910, $70,605.86 was, in accordance with the provisions of the act making appropriations for the naval service approved June 24, 1910, transferred to the credit of the appropriation "Naval Home, Philadelphia, Pa., 1911," and the remainder, $378,159.22, in accordance with the provisions of the act making appropriations for the payment of invalid and other pensions approved June 25, 1910, was transferred to the credit of " Navy pensions, 1911," on the books of the Interior Department.

MARINE CORPS.

The present system which provides for the appointment of the major-general, commandant, of the Marine Corps for an indefinite term of years, and for a special adjutant and inspector's corps is not to the best interests of the service. This view was thoroughly confirmed by the report of a board of inquiry appointed by me this year to investigate certain phases of the conduct and discipline of the Marine Corps. After going into the subject very thoroughly, the board reported, among other things, that whatever lack of discipline existed came in great part from a too long tenure of office. On account of permanent assignment to desk work, officers of the ad

jutant and inspector's department necessarily lose touch with practical field work, a thorough knowledge of which is essential to the proper performance of the duties of an officer of that branch.

In the interests of good administration, better discipline, and a more efficient organization, I strongly recommend that a law be passed at this session of Congress providing for the appointment of a major-general, commandant, of the Marine Corps for a period of four years, and for the detail of officers from the line to the position of adjutant and inspector.

Directions were given during the past year that all construction work heretofore done by the quartermaster's department of the Marine Corps should be carried on by the Bureau of Yards and Docks, under the belief that better and more economical results can be secured by this method of procedure.

The Department has come to the conclusion that there should be two principal marine posts, one on the Atlantic and one on the Pacific coast, that the main body of marines should be stationed at these two points, and that there should be stationed in the other navy-yards only a force sufficient to police the yards and to perform the other duties usually assigned to marines. The establishment of the two principal marine posts suggested will provide experience for the higher ranking officers of the corps in the command of bodies of men more in keeping with their rank and more nearly approximating the size of the force which would necessarily come under their direction in time of war. Not only would this afford better training to the officers and men in times of peace, but it would insure a greater concentration and more rapid embarkation when their services are desired.

SPECIAL LEGISLATION.

The department renews its recommendation that special legislation looking to the promotion, reinstatement, or other advancement of particular officers be avoided, except in special cases of particular hardship or injustice.

LEGISLATION.

THE PAUL JONES CRYPT.

Since 1905 the remains of John Paul Jones, a national hero, have been at the Naval Academy, Annapolis, without an appropriate crypt or mausoleum. Legislation has been repeatedly urged to provide such a crypt, and on March 2, 1908, the Senate passed a bill appropriating $135,000. This bill failed of passage in the House.

The department renews its recommendation that $135,000 be appropriated to provide an appropriate resting place for the remains of John Paul Jones.

MISCELLANEOUS.

In my last annual report certain legislation was recommended which I would be glad to again present this year. This relates to medals of honor for commissioned and warrant officers of the navy; the examination of warrant officers for promotion; the naturalization of naval aliens; the extra numbers borne on the list of line officers who are not available for sea service; the promotion of officers found physically disqualified on examination for promotion; the term of suspension for officers failing of promotion; the administration of oaths by boards of inquest, by officers detailed to investigate frauds and irregularities, and by assistant adjutants and inspectors of the Marine Corps; and the desirability of legislation permitting enlisted men of the Marine Corps to be designated as navy mail clerks.

PENSIONS FOR MIDSHIPMEN.

There is no law covering the retirement of midshipmen injured or incapacitated while serving the two years' probationary period after leaving the Naval Academy. As these young officers are performing the regular junior duties of naval officers at sea it is only just that the law should permit of their being retired, as is the case with all commissioned officers and enlisted men, and the department recommends legislation to this effect.

PROMOTION OF WARRANT OFFICERS.

The present law provides that warrant officers shall be promoted to the rank of chief in their respective grades after service of only six years as warrant officer. This length of service is regarded as being too short a time. The effect of this law is to produce a disproportionately large ratio in the grade of chief warrant officer, while retaining in the lower grade a much smaller number. It seems advisable that this condition should not continue, and the department therefore recommends that the present law be amended to require a longer term of service in the lower grade of warrant officer.

GRADED RETIREMENT FOR ENLISTED MEN.

The department forwarded to Congress last winter a draft of a bill providing for graded retirement of enlisted men, which was reported favorably by the Senate Naval Committee on May 27, 1910. In the interests of the enlisted men, and because it will probably produce greater efficiency in the service, the department again recommends the passage of this bill.

NAVY PENSION FUND.

The department recommends that legislation be provided placing inmates of naval homes on the same footing as inmates of soldiers' homes in regard to their pensions. The law requires that the pensions of such inmates of naval homes be paid in for the benefit of the navy pension fund. In the case of inmates of soldiers' homes, such pensions are held intact for their benefit upon discharge, or, under certain circumstances prescribed by law, a portion may be paid to a deserted wife or a dependent child. The same law should apply to pensions of inmates of naval homes.

THE DISCOVERY OF THE NORTH POLE.

The discovery of the North Pole by Robert E. Peary, U. S. Navy, after years of patient and arduous endeavor, is an event which has added to the honor and credit of our country. It is fitting that the Government should recognize the value of his services and their successful termination.

If it meets with your approval, I recommend that Peary, the discoverer of the North Pole, be given a commission by legislation as rear-admiral of the Corps of Civil Engineers of the Navy, to date from April 6, 1909, the date of his discovery of the Pole, and that he be retired as of that date with the highest retired pay of that grade. Respectfully submitted.

The PRESIDENT.

GEORGE V. L. MEYER,

Secretary of the Navy.

REPORT OF THE JUDGE ADVOCATE GENERAL.

NAVY DEPARTMENT,

OFFICE OF THE JUDGE-ADVOCATE-GENERAL,

Washington, September 27, 1910.

SIR: In compliance with the department's order of July 28, 1910, I have the honor to submit herewith a report of the operations of this office for the fiscal year ending June 30, 1910.

Capt. Edward H. Campbell, U. S. Navy, was relieved by me as Judge-Advocate-General on November 4, 1909.

A general résumé of the work of the office follows:

GENERAL COURTS-MARTIAL.

Charges and specifications drawn up in the office during the fiscal year.