New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-10-15
CAPTAIN LEMLY'S REPORT.
RECOMMENDATIONS OF THE JUDGE AID
VoCATE-GENERAL OF THE NAVY.

General Lemly in his annual report to the Secre-
tary OF the Navy urges simple justice TO the man
behind the gun" aboard warships, and makes a
strong plea for the retirement OF Jack Tar after
thirty years service on three-fourths pay. IL he
is fifty years old. in accordance with the bill which
passed the Senate last session but Is still pending
| in the House OF Representatives Upon this point
the law offlcer OF the Navy says
When an enlisted man in the Army or Marine
corps has served for thirty years, either as prl-
vate or non-commissioned officer, or both, he may.
list in wch epne he eeees
With the rank he held at the time Of retirement;
beside the marine on board the same vessels, ,c or
privilege measure for the correction Of this In:
equality by comforting upon the enlisted men OF
| mas mas Tor some years past been advocated oy th's
BIZ for this purpose was before the hrst session
| OF the present Congress, and was passed by tne
vice that this or some Similar bill be placed upon
the statute books than would at first appear.
thirty years will tend to induce GOOD men to enter
! the Navy. and will not only encourage those who
are in the service to remain therein but will act
as powerful stimulus to maintain the clear ana
OF continuous service. In addition to these consd-
eratons II is unjust 10 the enlisted men or the
to them privileges Of retirement which Con gress
has deemed it proper TO extend to soldiers and
| 1t is earnestly recommended that the House OF
Representatives be asked through its Committee
sideraton to this measure and it is believed that
ct this time, when the Navy has so recently rem
eSuntry as has ELECTED the admiration OF the world
fail 10 meet with well-deserved recognition.
Captain Lemly also asks Congress to provide a
new classification of vessels At present the
law is contained In sections l52s and 15a OF the
Revised Statutes in the following terms;
l,52e The vessels Of the Navy Of the United
States shall be divided into four classes and shall
Be commanded as nearly as may be as follows:
tains; third rates, by commanders; fourth rates,
by lieutenant.commanders
classed as first rates, those Of twenty guns and
under forty as second rates. and all those OF less
than twenty guns as third "a ties.
The report continues:
This classification OF naval vessels was prescribed
less than fifty years ago but during that period so
the constru> ton of vessels of war, but in the de-
sign and power Of ships offensive armament,
OF guns carried is obsolete While other consdera-
lions enter into Of 9s question Ct
division OF naval vessels into classes upon the
en5 d OF tonnage would De much more Satisfactory
be available in practice.
oIirements sncb as u sra emb6ded in SECTIONS 5
and 1850. when they cannot be carried out is OBJ
asked 70 so amend those provisions Of law as 70
adapt al them 70 existing naval conditions Incl.
the practice Of assigning commodores to the COM
mand OF single vessels has for many years been
that so much Of section 152s as relates 10 com
mand be amended in this respect also.
Regarding the necessity for naval officers have
knowledge Of military law. 10 be taught at the
Naval Academy Captain Lemy says:
The recommendation repeatedly made In prior
annual reports that the course OF study prescribed
az the Naval Academy az Annapolis be made TO
INCLUDE instruction in military law has. during The
iasL year been acted upon 70 some extent by the
OF the naval profession, TO be inaugirated in the
be in some measure rectifed. While the course pro
vided for at present is by means elaborate. and
as the fun realization OF what should be accom-
4 will lead to the Establishment Of thi. important
branch o.. study as permanent feature of the in
! thoroush kn9wledee Of the Fundamental prin-
c!pne maintained. and the efficient discharge OF
every duty by officers and men in ali their relations
M IN G en e ssrSe P ps4 pr nce
preparatory equipment without which he cannot
appropriately enter upon The duties OF 4 naval
reer: Ny convection upon this point is not
mater OF theory alone. but is based upon prac-
OF the Navy and a knowledge OF the difficulties
which beset the path Of young officers when
training in the principles which determine the ad-
instability and the probative force Of evidence.
trines, not always simple in their application which
80 sre saTds o our bW S 6 hae been
the purpose Of which is 10 protect the rights Of
indiyiduals' While maintaining those Of the public
essence es necessary 10 the wholesome admInistra-
ton Of justice IN military as in d civil organiza-
ton cannot too strongly urge the maintenance
feature Of the curriculum at the Naval AcadenY
Commenting upon the debates n Congress over
the bill recommended by the Navy Department for
the acquisition Of patent rights OF naval officers,
Captain Lemly. after stating that measure had
previously passed the Senate ard another the
House. says:
The naval service presents peculiarly interest
IN ~ fpze
han Others 70 become inventors II they are de-
MED the rewards which the Government extends
others. this fact will. II may fairly be assumed
Inventions or value 10 the public service but doubt
less a wise public policy will commend the holding
for the exercise Of inventive faculty which have
proved of such immense value in the development
Of the general industries Of this country. II was
suggested in the course OF the debate in the
House which reference has been made, that
which would Tesult in saving Sew-York City from
destruction BY foreign fleet. and tha, in such
claim might be presented, based upon that inven-
that in such a case the Inventor would be entitled
in al probability. to the fun measure Of reward
Their that high considerations Of public policy urge
the importance Of stimulating the exercise Of such
promise Of compensation?
There are in the naval service at present. and
nd aS Such gans ma1 or ay not
responsive to military order calling its powers
is responsive TO the rewards offered by our peculiar
patent system. II is OF great importance that naval
vessels should be equipped in all Sheir complicated
parts with the most efficient devices known or
discoverable. and the public can. in my Judgment,
well afford 70 pay whatever such devices are &C
tually worth IN order TO promote their develop
ment As TO the methods OF determining what
they worth. II Is 70 be observed that the pro-
posed measure which has received the sanction
OF the Department and OF the Committees Naval
Affairs Of the Senate and House OF Representatives
as well and has passed The former body, expressly
forbids tho Secretary OF the Navy 70 enter into
contract for the use Of such inventions. pro-
vides that they may be taken by the Government
and used remanding the inventor 10 the Court Of
Claims for determination OF the value OF the
property taken II would seem that the interests
Of the Government properly guarded by placing
the question in the hands OF its courts.
In conclusion. the Judge Advocate-General re-
cords the following testimonial upon the discipline
in the naval service: