Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-04-09
MARINES MUST SERVE ON SHIP
OTHERWISE NO PAY, SAYS AT
TORNEY GENERAL.
Act of Congress Within Its Rights
and Course Approved in Restor-
ing Them to Sea Duty.

| The opinion of the Attorney General,
| just received at the Navy Department. IS
| the last chapter in the crisis through
| which the Marine Corps, has recently
| passed.
! The opinion justifies Secretary Meyer in
his order. made shortly after he took the
navy portfolio. that the marines should
be put back upon the few battleships
from which they had been taken by or
der of President Roosevelt. and that upon
all battleships the complement of ma
rines should be s per cent of the enlisted
men. according to the provision of Con-
gress.
Secretary Meyers chief reason for ask
ing the opinion of the Department of Jus
it, it is stated, was that if the question of
the constitutionality of the provision
Marine Corps the opinion of the Attor-
ney General would be at hand.
Opinion Of Attorney General.
The opinion. which is of great interest
to all branches Of the military service
follows:
II have your favor of March O. 1909
calling my attention to a proviso in the
act making appropriations for the naval
service for the fiscal year ending June
80, 1870 as follows:
Provided, That no part of the appro-
priations herein made for the Marine
Corps shall be expended for the purposes
for which said appropriations are made
unless officers and enlisted men shall
serve as heretofore on board all battle
ships and armored cruisers, and also upon
such other vessels of the navy as the
President may direct. in detachments of
not less than 8 per cent of the strength
of the enlisted men of the navy on said
vessels
You say that entertaining doubt. in
view Of the terms and effect of this
provision, respecting it's constitutional
ity. you request for the guidance of
| your department my opinion thereon.
! In reply / beg to state that I have
| no doubt of the constitutionality of
| the provision of the statute which you
quote.
The Constitution. by article l. sec
| ton s. provides that the Congress shall
have power to raise and support arm
tain a navy; to make rules for the
government and regulation of
| the land and naval forces
This power to raise and sup
port armies and provide and mainta n
a navy is plenary and without limIta-
! ton or restriction. and Congress is the
sole judge of how the army or navy
shall be raised and of what it shall
be composed. 1t may create marine
| corps or 1T may. in its wisdom. deter
mine that no marine corps is requisite.
| 1.-The particular. statute TO which YOU
| direct my attention is somewhat novel
in that while providing for marine
| corps and making appropriations of de-
| signated sums for it's pay, it enacts
| that no part of these appropriations
! shall be expended unless officers and
enlisted men shall serve, as has here
| tofore been the case. on board all bat
tleships and armored cruisers. i'm de-
| tachments of not less than 8 per cent
of the strength of the enlisted men OF
| the navy on said vessels.
Congress Must Be Obeyed.
| article . section >. of the Constitu-
/ ton provides that the President shall,
be the comma nder-in chief of the army
| and navy of the United States, and of
the militia of the several states when
called into the actual service of tile
| United States and section requires
I that he shall take care that the laws
| be faithfully executed.
IF therefore, in the discharge of his
powers and duties as comma nder-in-
chief the President desires to direct
the Marine Corps to perform any func-
| ton which shall involve the applica-
ton Of the appropriation made by the
act above quoted. he must direct that
officers and enlisted men of the corps
shall serve as heretofore on board all
ments of not less than per cent OF
! the strength of the enlisted men of the
navy. on said vessel
"Inasmuch as Congress has power to
create or not to create, as it shall
deem expedient, a marine corps. it mas
=, power to create corps. make appropria-
| ton for it's pay, but provide that such
appropriation shall not be available I'M
| less the marine corps be employed in
| some designated way, and l therefore
am OF opinion that the provision of the
statue. to which you direct my atten-
| ton is constitutional