The times. [volume] (Washington [D.C.]) 1897-1901, 1899-01-30

found that his opinion would not stand q
proper legal test and then, in order to
cover what is virtually crime against the
statutes extending over long period of
years and TO prevent the refundment of a
large sum of money unawfully obtained
by the department, he very quietly sub
mitted TO Congress a rider to the naval
appropriation bill approved May IA, 1898,
providing for the amendment of section
4Sl3, Revised Statutes, to read that
Whenever any officer, seaman, or marine en-
titled to a pension is admitted TO the naval home
at Philadelphia, to a naval hospital, his pen
sion, while he remains there, shall be deducted
from his accounts and paid tu the Secretary OF the
Navy for the benefit Of the fund from which such
home or hospital, respectively, is mriuiained.
This passed both houses of Congress
without so much as enquiry as to its
effect or the purpose of it, and after 1t
had become a law and members had eX-
planned to them its object and effects
they realized that they had been buncoed
into depriving veteran sailors and their
dependents of pension money, but as yet,
no action has been taken by Congress TO
right this wrong. year or more ago
members of the House of Representatives
who voted to deprive these old sailors OF
their pensions became much exercised
and indignant, over charges made against
the State Soldiers Home of Iowa of de-
priving inmates of pension money in re-
turn for their board that the House ap-
pointed a committee to investigate the
matter, with the result that the State OF
Iowa no longer interferes with the inmates
pensions, and yet but few days later
these same members voted to deprive
sailors of their pensions Why? Because
there are no sailors in Congress, no one
to look after their interests, while soldiers
and their care-takers are numbered by
the score.
If the action of the Navy Department
! in taking possession of the pensions OF
inmates of the home was legal, why was
it necessary to secure tine passage OF the
amendment above referred to?
! further review of conditions con-
nected with this matter may explain 1t.
Admiral Farragut. in his report for
/ 1865 Go to the Secretary of the Navy
/ stated that the naval pension fund amount
| ed to 81 600. 600, with the interest for the
/ year ending January !, 1866 amounting
! TO 100000 in gold. Navy pensions oil
| that time and for years thereafter ala not
exceed $50, 600 per year.
At the present time the fund amounts
/ to Sl3. 600 900, an increase of but S2OoO,0oO
! in thirty-four years, which the Gov
! eminent pays interest at the rate of
per cent This money belongs to the en-
/ listed men of the United States navy and
marine corps and the income from it is
/ expended under authority of Congress,
I about 5000 being required each year for
/ the maintenance of the home and its IN
mates. the surplus income being used in
paying, as far as il goes, navy general
( law pensions, while in the case of the
! Soldiers Home. Washington, d. c., what
ever surplus income is left after defray-
ing expenses is added to the principal.
When a sailor becomes beneficiary OF
the home he has no title to the half pay
| service allowance go long he remains
there and if in receipt of it before ad-
mission to the home, payment ceases
when he takes up his residence there, as
required by law.
In all cases in which the beneficiary was
in receipt of such allowance when admitted
to the home the Navy Department has
caused the allowance TO continue, contrary
to law, payment being made to the COVER
nor of the home by the Commissioner of
Pensions. and by him diverted, under in
structions from the Navy Department, to
the credit Of the naval hospital fund
Ii will thus be seen that while Congress
appropriates money for the maintenance
of the beneficiary while in the home, the
Navy Department Illegally draws his sery-
ice allowance from the same money that
the appropriation for his keep is made
and without the remOtest semblance of
legal authority turns it over to the naval
hospital fund, thereby unlawfully taking
from the income OF the fund belonging to
the enlisted men of the navy money to
enrich a fund belonging to the Government
and to prevent the return of this money
to its proper source was one of the OBJ
iects in securing an amendment to section
1913 r. 6.
In the opinion of many of the enlisted
men of the navy such practices would not
exist If its legal officers were, like similar
officers in the army. trained lawyers.
trained in all the intricac!es of the com
! mar In NO nc lalsy e Al
law, men trained to respect the letter OF
the law with that adherence always mani
fest in legal opinions emanating from
minds trained TO adhere rigidly TO the law
as it reads.
In courts-m martial of enlisted men in
the navy II is a common practice for the
officer preferring or making the charge
to be a member of the court and witness
against the accused, thus occupying the
position of accuser, judge, juror, and wit
ness. Such an occurrence in the army
would be impossible
Article 9O1 of the United States Navy
Regulations is as follows:
The crews OF the receiving and stationary ship
will he composed as far as practicable. Of me,
} that have served twenty years general service
in the navy, and preference will bc given to tho.
that have served under continuous service Ger
thcates
Such persons while serving on board of re
ceiving and stationary ships shall receive all TN
, benefits OF honorable discharge and coutinuou
, | service.
Article 100 provides that
A petty officer honorablv discharged with per
e manent appointment, who presents himself 10
rc-eulistment within three months from date a
discharge. shall. il physically qualified, be en-
I listed in the rating OF said appointment.
e Article 79S makes the reduction or dis
: rating of petty officer impossible excep
by sentence of a courtmartial.
u Water tenders and oilers are petty Off
i GERS. The former receives $40 per mont
and the latter s37, and they are eptitle
u to all OF the benefits conferred by the fore
= going regulations; but, regardless of tn
law and regulations the Bureau of Navi
: cation deprives these men, or certain O
. them of such benefits by compelling Their
q to resign their permanent appointment
y when presenting themselves for re-enlist
:, ment on receiving or stationary ships afte
twenty years service, and forces Their
either out of the service or to re-enlist /
II a lower grade at reduced pay if they desr
, to continue in the service, thereby putin
!, a discount on long and honorable service
d instead OF premium. The Bureau G
o Navigation calls this voluntary relin
= quishment," but the men call it compul
e sorry, because. not being physically dis
= qualified for re-enlistment, they must aC
cept the lower grade or failing to do 81
d lose everything their twenty years Sc
il service entities them to under the law an
.e regulations.
y 1t is doubtful if this practice would /
# continued if brought TO the attention
! the Secretary but that seems impossible
X as a personal letter on such a subie'
e would not reach him, but would be referre
II