Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-13
Negligence Id Navigation.


"Charge l. Negligence In navigation.
1.-THE chart used was the same usually
used on the ships on this route, but article
472. Navy Regulations. 1900. provides that
When under way on soundings he (the
commanding offlcer) will have casts of the
lead taken frequently If necessary to verify
the position 1t is conceded that the ship
was on soundings and that Carter did not
cause the lead to be frequently cast. 1t
appears that 1t was not customary to take
frequent casts of the lead from this ship on
this route. but had the same been done 1t
would probably have been discovered that
the ship was too far in shore, and the
grounding might have been avoided While
some discretion is left with the command
ing officer in regard to casting the lead
while on soundings. If the officer elects not
to do he assumes the responsibility and
must take the consequences.
Leaving the Tug.
Charge 2. For leaving the tug while in
command Of the same for the purpose Of
personally experimenting the taking Of
soundings about the tug.
AFTER the grounding and after ordinary
means for getting the tug off had been en-
ployed. Carter determined to sound astern.
He had no commissioned officers under
him. and although the boatswain was prob
ably competent to take the soundings, Car
ter left the ship and personally superin-
tended the sounding. There Is some differ
ence of opinion in the service in regard to
the right of the captain to leave the ship
for that purpose. 1t Is understood to be
| the law Of the sea. both in naval and in
commercial service, that the captain is the
last to abandon his ship, but the ship was
not in danger, and this is not a case Of
abandoning the ship. The sea was smooth
and the weather calm. The ship simply
stuck in the sand.
There was no panic aboard. Neither the
ship nor any person aboard was in danger.
II. r -
miral Dewey and Rear Admirals Watson,
Rodgers, Read, Taylor and johnson. Cap
tains Wilde and Eaton, Commander Potter
and Lieutenant Commander Gibbons. With
two exceptions all agree that under these
| circumstances, namely, neither the ship nor
crew being in danger, the question OF
whether the commanding officer will per-
sonally superintend the soundngs or per-
| nit the charge of 1t to subordinate is one
of discretion on the part of the command
| ing officer and must be left to him to de-
| eide, and while these officers very generally
| agree that they would commit that work to
| a subordinate, with the two exceptions
| named, they agree that the commanding Of
| ficer who superintendents the soundngs
| himself is not subject to court-martial /
| am of that opinion. x
Failure to Report Promptly.
Charge three-Failure to report the
grounding Of the tug Immediately, as pro-
| vided by the regulations.
ARTICLE 41S. Navy Regulations. 1900 pro-
vides that the commanding officer shall re-
port to the commander-in-chief, Immediate
| ly after its occurrence, every instance when
| the ship under hisrcoLRmand touches the
| ground, has a collision. hre on board any
| serious accident to hull,s spars, machinery
| or boilers or other important events of like
| nature 9n h.
THE grounding occurred a little after 2
o'clock on the evening a0f the 10Th Tho
| ship was fioated aboht 8 d clock and reach.
| ed Subig bay little latter 10 O'clock tha
same evening. The commanding of5cer
called for his report from the boatswain
as he had a right to do son the night of the
| 29th. The boatswain reported on the Roth
Carter drew his report IN the afternoon or
evening of the SOth and submitted the So me
| to the commander-fn chief of the station
| on the morning of the 31st. There was no
| injury to the tug. No damage was occa-
stoned by the grounding. In nv opinion
| under the circumstances, he did report i'm
mediately under the meaning and construc-
| ton given that article by the department
Recent cases within my knowledge have
been before the department in which the
report has not been made as early as this
and this fact was not made a subject of
criticism, nor did 1t occur to the depart
ment that there was any ground for COM
plant because the reports had not been
| sooner made. In my Judgment the charge
| is entirely without merit
Scanda1ous Conduct.
Charge FLOR scandalous conduct
This is by far the most serious charge.