New-York tribune., 1907-12-27
NAVAL LAW AT ISSUE.
CONGRESS TO TAKE HAND.
Controversy Betzceen Line and STAFF
Officers To Be Debated

that the internal administration of the bureau
of medicine and surgery had been lnterIereo
with by the bureau of navigation
There were no developments to-day in the
controversy, owing TO the absence from "dsh'
fngton of the President Admiral RroWnson re-
nquished his office chief of the bureau OK
navigation yesterday and the duties of that
office were discharged to-day by CommahaeI
Cameron McRae winsIow. the assistant cnief
of the bureau Commander Winslow was not
designated or appointed chief of the bureau
but signed all OF his mail as acting chlef-
II is probable that the whole controversy VIII
be thrashed out in Congress. This Is oepre-
Gated by conservative officers IN oOth Iliie anu
staff as likely to prove prejudicial 10 the navy-
interest as a whole. for they oeheVe tidi ih
order to obtain from Congress the four great
batt1esbins the cruisers scouts and submarines
which form a part of the years naval estimates
in addition to obtaining legislation tnat VIII
better the lot of naval officers personally the
navy must present a united front wnlch eau
NOT he done if Just at the beginning of a ses-
sion line and staff are TO engage IN STRIFE.
Through the published statement OF Surgeon
General Rixey the merits his side of the case
have been clearly set forth Line officers be1eFe
that in common fairness they should also have
= hearing. but they are in an embarrassing POSI-
+ion in that respect Admiral Brownson preced-
cd his resignation by a clear and logical presen-
tation Of the reasons why he objected 70 the as
signment of a physician TO command hdNdl
ship even though that vessel were exclusively
devoted to hospital uses That statement was
submitted TO the President. but applications at
the White House for copy are met with refusal
ADMIRAL BROwNSONS ATTITUDE
1t may be stated in the absence of the text OF
Admiral Brownson's letter. that his objection to
the execution of the Presidents order to place a
surgeon in command of the hospital snip Reiel
was twofoId- In the first place. like every line
officer he believed that the subordinat1on or any
line officer. no matter how low in grade, TO
staff officer shipboard was bad policy anu
subversive OF naval discipline
a stronger objection in his mind. though, was
that the proposed action was clearly Illegal in
asmuch as it is forbidden by law or naval regu-
Iation TO assign a staff officer to command a
ship. II is only fair To the staff side to state
that this is debatable ground and that it would
not be difficult 70 construe the naval laws and
regulations in either way So ii is not to be
doubted that when the subject comes before
Congress for consideration the lawyers in that
body will find material to support either conten-
ton.
Now that the legality Of the Presidents pro-
posed action in the matter OF assigning Sur
geon Stokes to command the Relief has been
called into question. il is proper state that
the reliance of the line officers is upon pro-
vision in Section OF the naval personnel act
of March g. 1899. That section, among other
things. was designed to clear up doubt that ex-
listed as to the right of staff officer to assume
the title of a line officer Of corresponding
grade in the matter OF pay and emoluments and
length of service
Up 10 that date staff officers had enjoyed what
was called relative rank" with which they
were not satisfied. in Section the word
relative struck out. so that all sections
of the revised statutes which, in defining the
rank OF officers places in the navy. con-
tanned the words the relative rank Of were
amended so as to read "the rank Of" To this
provision the following important qualification
was attached:
But officers whose rank is defined shall
not be entitled. in virtue Of their rank. TO COM
mand in the line or in other than staff corps"
LAW OPEN TO CONTROVERSY.
Tine officers understand this TO mean that no
surgeon or engineer (if these shall ever be again
commissioned engineers or paymaster or con-
structor shall be placed in a post on board
ship where he may command the movements
and actions of any person not of his own stan
corps
Tba staff officers. for their part. hold that
this act does not in any sense abridge any privi-
Iege or rank formerly enjoyed by a staff officer.
ar5 a careful perusaI of the act appears TO
i,s,ifv the statement that this provision is open
tn controversy and that there Is reasonable
Ground for a difference of opinion as TO ths
meaning of the law
The pubIic mind doubtless is more or less con-
.,se5 as To the difference between the line and
,bs staff In brief il may be said a line officer
is one whose sole duty is fight the ship. while
tho staff officer is who either provides the
means for the line officer to do so or acts under
his direction in carrying out his general ORDERS
Tins the engineer when OF the star. looks
closely after the machinery and starts and stops
a. rben called upon TO do so by the line officer
He has nothing 70 say as to where tne snip
shall GO. or at what speed, or when it shall
~,o,-a likewise the surgeons aboard ship look
after the health of the crew in time Of peace
ord heal their wounds in time Of war. but they
have nothfng to do with the movements Of the
1T, 20 which thev are attached The rule
arrIies TO the paymaster and 10 the constructor
u.bo builds the ship navigated by the line Of
fcer
II developed to-day that year ago. when the
Relief was put into commission. the decision was
reached to assign Z nava- surgeon TO command
tho vessel if il were manned with mer-
cbant crew and master but if the ship was
manned with a naval crew a naval officer of ths
line would be assigned the command \ naval
surgeon in command would nave absolute
charge. lust as a physician would exercise
pervision of hospital land. without. how
ever. interfering with the work of navigating ths
vessel
ssurgaop Stokes will be assigned TO the com.
rnand of the Relief if the crew and master are
chosen from the merchant marine. which. while
not finally decided. is understood viii be the
case.