Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-03-10
CASE OF LIEUT.. WELLS
SECRETARY MooDY's INDoRSE-
MENT OF THE RECORD.
Attention Called to the Regulation as
to Taking Soundings-Extenuat-
ing Circumstances.

Secretary Moody today acted in the case
of Lieut.. Chester Wells, who was court
martiaied for neglect of duty in connection
with the loss of the naval tug Leyden on
Block Island. He Endorsed the record IN
the case as follows:
"Inasmuch as unqualified approval OF the
courts action in this case might tend to
establish the principle that an officer may
wholly disregard requirements Of the regu-
lations and ordinary precautions intended
to promote the safety of the vessel under
his command: and yet avoid responsibility,
the department deems 1t necessary to en-
phasfze the vital Importance of the unfail-
ing observance of one of the greatest safe
guards known to seamen-namely, taking
soundings.
Article 472 paragraph 1, navy. regula-
tions. 1900, prescribeS, as one or the COM
manding officers duties: When under way
on soundings, he shall have casts of the
lead taken frequently il necessary to verify
the position
Under this regulation 1T is true that the
commanding officer must assume the re-
sponsibility of determining whether frequent
soundings are necessary to verify the posi-
ton of his vessel: but if he fails to adopt
this precaution when necessary he assumes
the risk of disaster. The safety of his YES
sci being at stake. all doubt to whether
any precaution prescribed by the regula-
tions ought or ought not to be taken should
be resolved in favor Of the precautionary
measure. The vessel should be given the
benefit of the doubt.
''t was contended by the defense that
casts Of the lead do not, in the case OF
small vessels Of light draft, give warning
Of danger in sufficient time to be Of value.
The purpose of the clause Of the regula-
lions referred to. however, is not so much
to provide a means Of disclosing imminent
danger as to fix the position Of the vessel
w a favr IN ynt I'M Ia
ut is noted that the discretion vested In
the commanding officer by this regulation
is limited to the question of the necessity
of soundings in order to verify position.
If the position of the vessel Is known be-
yond question. frequent soundings are I'M
necessary and are not required to be taken.
The qualifying words Of the regulation,
however, do not go beyond this.
The requirement Is not that frequent
soundings shall be taken IL practicable.
There Is no exception based on the difficulty
of taking soundings in the case of a small
vessel laboring In heavy sea. While the
testimony introduced in this case tends to
show that soundings made under the exist
ing conditions would have been difficult
and their results Of questionable value, 1t
is manifestly the duty Of the officer re-
sponsible for the safety OF vessel to make
at least the attempt in such cases to avail
himself Of all safeguards prescribed by the
regulations.
with due regard for the difficulties ex-
listing IN this case-a small vessel laborng
In heavy seattle department Is advised,
and the evidence before the court indt-
Gates. that soundings could have been
taken. and the department has concluded,
after careful consideration, that it was
clearly the duty Of Lieutenant Wells to
bring the vessel head to sea and obtain the
best soundings practicable in the circum-
stances. Whether or not this would have
prevented the loss Of the vessel, the sound
ings obtained would have had some value,
and the action would. at all events. have
shown that the vessel was lost in spite of
all seamanlike precautions.
There being extenuating circumstances
in this case, however, and not wishing to
act in the direction Of severity, against the
opinion Of a court composed of seagoing
officers of experience. the proceedings,
and, subject to the foregoing remarks, the
findings and acquittal. in the case are ap-
proved"