The times., 1899-10-10

The Judge Advocate General of the
Navy. Samuel C. Lemly yesterday made
public his annual report for the fiscal
year ending June 80. 1899. The report
states that the volume OF business of the
Judge Advocate Generals Office has largely
increased the past year. and while not
equal to that of 1898, when war was in
progress. il is greatly in excess Of any
previous year. Up to September Is, 1899,
Of the calendar year, the number of pa
pers received by the Office exceeded tbat
Of 1887 by 1881 This increase he at
tributes to the gradual growth and devel-
opment OF the Navy. The report says:
zone OF the most striking examples OF
inequitable legislation to be found upon
the statute books exists in the case OF
certain class OF soldiers and sailors, vet
erans Of the Civil War, against whom the
technical charge of desertion appears of
record. The circumstances which have
brought about these inequitahle conditions
may be briefly stated as follows:
In the spring OF 1865 considerable pc
riod OF time elapsed during which the
Army and Navy were not in active service,
the exigencies OF the war being over, while
at the same time the steps necessary TO
formal disbandment OF the forces had not
been taken. Men who had left their homes
willingly to enter the Army or Navy, and
who had remained in the service faithfully
during the activities OF the war, under
standing that the period Of public peril
had passed and that the purposes OF their
enlistment had been substantially served,
quietly returned TO their homes and re-
eumed their places in civil life in very
many cases without awaiting the formal
ity OF a discharge.
Wants an Old Act Revived.
by an act Of Congress approved August
il, 1855, it was provided that where men
fn such situation had served faithfully in
the Navy for period of at least six months
during the war Of the rebellion and until
May l, 1865. the mark Of desertion might.
in certain described meritorious cases. be
removed. The operation Of this act was lim-
tied TO five years, doubtless because it was
supposed al the time Of its enactment that
such period would be sufficient TO afford all
applicants Hereunder an opportunity TO
present their requests for relief. 1t hap
pened. however, that many of the men
entitled to the benefits of this remedial
until after the act itself had expired by
Limitation, as they did not seek to obtain
pensions until reduced 10 the necessity of so
doing through advancing years or misfor
tune.
"But whatever the cause, the records Of
this department show that a very large
number Of meritorious claimants who could
have obtained relief under this act, as fall
ing within the class for whose benefit ii
was obviously intended. failed 10 make ap-
plicstion In season; and the technical
charge OF desertion in their cases still de-
bars them from rights and privileges fair
ly earned by honorable service in time OF
war. The ineQuity of these conditions is
emphasized by the fact that an act passed
for the benefit Of the Army, and similar in
terms to the act Of August II, 1883. has
been made operative without limitation as
10 the time when applications Hereunder
must be filed.
"It is earnestly recommended that Con-
gress be asked TO take such action as will
revive and render operative without limita-
ton the beneficial provisions Of the act of
August Il. 1888.
The Retirement of Enlisted Men.
The act approved March 3. 1899. to re-
organize and increase the efficiency of the
personnel Of the Navy and Marine Corps
OF the United States contains. in section
IL, a provision for the voluntary retire
ment Of enlisted men and appointed petty
officers after thirty years service with
the rank and three-fourths OF the pay and
allowances OF the rank or rating held at
the date Of retirement. Active service in
the Navy or il the Army or Marine Corps.
either as volunteer or regular. during the
Civil or Spanish wars is counted
ss double time in computing the thirty
years service requisite to retirement, and
except in cases Of physical disqualification
for service il is further provided that ap-
plicants for the benefits OF this clause
must be at least fifty years of age.
The enactment of some provision for
the retirement of enlisted men of the Navy
has been urgently recommended in pre-
ceding annual reports, and IL is believed
that the operation OF the statute referred
10 viii prove OF great advantage TO the
service. The prospect Of honorable retire
ment at the conclusion of the prescribed
period of active service will induce de-
sirable class Of men to enlist and will tend
10 discourage desertion and other offences
which result Ia debarring those guilty OF
them from the benefits of continuous ser
vice. The statute embodies, furthermore
a just recognition of the claims Of enlisted
men in the Navy, whose services are en-
titled 10 consideration on the part OF the
Government but who have not heretofore
had the privileges of retirement enjoyed
by enlisted men Of the Army and Marine
Corps"
Civilians Witnesses.
The report recommends the passage Of
laws whereby civilian witnesses can be
compelled to testify before naval courts, as
a majority OF court-martial cases are for
acts committed when the ships are in port
and the acts are witnessed by civilians;
also for the passage OF laws permitting
dispositions OF witnesses who have been or
dered abroad or cannot attend trials with
out great inconvenience or expense.
Attention is called to the naval examining
and retiring boards. which frequently disa-
gree on the physical qualifications Of appli-
eants. X is suggested that the examining
board be empowered 10 retire applicants
found physically defective, as is the ease
with the Army examining board
II regard TO the classification OF vessels
the report says that the present manner
OF classification by the number Of guns is
impracticable and suggests that they be
classified in future by tonnage
Prize Claims
In regard 10 prize claims the report says
that the act OF Congress OF March 3. 1883
repealed the provisions of the law author
izing the distribution among captors of the
proceeds Of vessels or other property cap
tured, but as this could not apply to claims
before March 3, 1899. the claims prior to
that act have gone forward