Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-07-28

| Skill, ana DelleVlng Lnat the future naval
! policy should be fixed one, they have
sgreed that the public interests and the
good OF the navy demand that these
matters should be intTusted and submit
ted 10, fret, q board OF naval commits.
siOners, whose authority, powers, and
duties should be- similar to those pos
sesssd by the old board of naval COM
| missiODers, which was in existence from
| 1915 to 1913; and, secondly, that mas
much as the future naval policy OF the
| country is alike q political and naval
| question, mixed commission similar
to the one formed under Prince de Join
| vile, in France, under whose sugges-
lions the French navy sprang to
LEADING NAVAL POSITION,
and similar to q like commission in
J Great Britain, and under whose sUg.
| gestions new life and power were given
| to the British navy, should be formed.
In this chapter WhitthOrne shows the
violstiOns or eighteen distinct provisions
of law. He enumerates various features
OF the intimacy Of Robson with the
| business relations OF the CsttelIs, and
then concludes as follows: Upon a full
review Of the facts, your committee pre-.
sent to the consideration of the house
| that, in the administration of the naval
y
| law has been disTegsrded and violated
| in the letting of contracts; i'll the pur-
chase Of supplies; in the destruction and
sale Of property belonging to the naval
| service; in the failure to cover into the
treasury the proceeds of the sale Of prop.
| eTty; in the expenditure and disburse.
ment OF the appropriations made for the
| support Of the navy; in exceeding the
appropriations made by congress for
! given fiscal years; in involving the gov
eminent for the future payment of
money in excess OF the appropriation
made by that department; in making
| contracts and purchases, the same
NOT BEING AUTHORIZED BY LAW,
and no appropriation ADEQUATE to their
fulfillment being made; IN the employ
ment Of labOrers and mechanics upon
other considerations than skill and ne
cessity for such labor; in the assessment
of employees for sums Of money to be
used for political and partisan purposes;
in failing to exact bonds from cOntrac-
tors, and the failure to enforce the pen
allies of such bonds ia cases of default;
in the employment Of persons to receive |
and pay money for the use OF the naval |
service in foreign stations; in the illegal |
disposition of the public funds; in fail |
ing to make report to congress as direct |
ed by the law, and in falling to exact |
fidelity in the execution and admins |
tr8tion Of the lSW by subOrdinates, |
whereby corruption and a system Of COR |
rupti0n has grown up in the admins. |
tratiOn OF the revenues intrusted to the |
control and direction OF the secretary Of |
the navy, which, from the peculiarly |
OF its character, and
THE CUNNING OF ITS CONTINUANCE,
must hereafter be known as Cattellism. |
This system Of corruption, likely to ef- |
feet the entire revenues and credit of |
the government, should be checked, |
and in the most vigorous manner re- |
buked. In vain else would be all our |
previous legislation. Your committee |
has already indicated the legislation |
which in their opinion is demanded by |
the present condition of the navy, and |
they are deeply impressed with the ur-
gency and necessity that requires, for |
the sake Of the navy, the organization |
OF the boards referred to, by the good of |
the public service. TIE health and |
safety of cur laws and our government |
demand something more, and
THAT Is THE PUNISHMENT
OF those who violated the laws and |
brought repr0ach upon our institutions.
the public morality, and the love Of lib
erty,u upon whose foundations these in
stitutiOns are built, deserves severe re-
buke and punishment. 1t is claimed by
the secretary that in the absence of pos
tive law prohibiting the performance Of
given act, he may, in the exercise of
thu discretion reposed in him by the
law as "a executive officer, protect him.
self by the usages OF the department. and |
the authority of the supreme court OF
The United States is quoted in support of
the claim. See the M'Daniels and Title
Brown CASES, January term, 1888. I
While it must be apparent that the au-
thority in this case is stretched in the
attempt to cover the acts OF the present
secretary in the rebuilding OF ships aud
the sale Of materials, such claims must
fail ia view of tbe fact that legislation
touching these matters has been ha
since that decision. While your COM
mittee do not hesitate to recommend |
that all the officers Of the navy who have
been connected with any of the
FRAUDS AND CORRUPTION
disclosed by the investigation shall be
brought to speedy trial before court
martial, with a view that if upjustIy
charged they may vindicate themselves,
and that if guilty they may be speedily
and vigorously punished, and the SER
vice relieved, yet they do find in the
case of the secretary some embarrsss.
ment in recommending what shall be
the measure and manner of his punish
ment, arising from the present condition
Of the law as viewed by at least a por-
ton OF your commission. The law as
it now exists simply declares that no
person shall be employed OF continued
abroad to receive or pay money for the
use of the naval service or foreign sta
tions, whether under contract or other
wise, who has not been or shall not be
appointed by and with the advice and
consent of the senate.
NO PUNISHMENT Is FIXED
for violation OF this statute. So in re-.
gard to the provisions Of the laws requir-
ing advertisements to be made, bonds to |
be taken and filed, expenditures to be |
Kept within the limit of appropriations,
contracts and purchases to be in pursu. |
ance OF authority of the law, repairing eff
vessels without previous sscertainment |
Of cost, etc, by the board OF survey, and
other instances. Again, in the case OF
failure to make report to congress, the
punishment is fixed at fine of not
more than one thousand, nor less than
one hundred dollars, in q violation of
this or violation of the other laws re-
ferred to. When no punishment is fixed,
SUCH crimes and mi dsmeanors are
PUNISHABLE BY IMPEACHMENT
under the constitution of the United
States. Again, if public officer charged
with certain duties fails and neglects to Z
discharge them, but permits his subOr- t
iinates to perform these duties, and
they so in violation Of the law, is such s
public officer thereby guilty Of an i'm. '
Oeachable Offense under the constitu- E
ion? Your committee, while they have q
opinions Of their Wn on 9
hese questions, yet, in view of the vast ?
amount Of proof taken, and the nume-
Gus legal questions involved, have no
iesire 10 precipitate the discussion and
lie erminatiOn Of so grave a question as
ne impeachment Of high officer of the :
upon the consideration of
he house, without having 8 full exam.
nation OF the law and facts which may j
'e involved therein, Tney, therefore,
ubmit to the house Y
THE FOLLOWING RESOLUTION, !
nd recommend its 400 'iion. %