Evening star., 1909-03-03
MEANING IN DOUBT
Question of Congress- Inten-
ton Concerning Marines.
PRESIDENT SIGNS BILL
Construed That Men May Continue
to Serve on Shore.
HINGES ON A SINGLE WORD
"Heretofore" Held by Some to Give
Authority for Roosevelt Policy.
Up to New Administration.

Up to New Administration.
Secretary Newberry went to the White
House this afternoon with the official
copy of the naval appropriation bill and
on his statement that it was ali right the
President approved it without further con-
sideration. This action Is of interest be-
cause of the fact that the bill contains
provision. designed to restore the ma
rines to their former duties on board
ships Of the navy. That provision was
intended to reverse the executive order
issued by President Roosevelt a few
months ago limiting the duties Of marines
to shore duty except in certain emer-
gencies.
1t Is known that the President and the
present Secretary of the Navy are
strongly Of the belief that the best in
terests Of tho navy would be served by
excluding the marines from the warships.
No surprise was manifested therefore
over well grounded report that they
construed the provision Of the act relat-
ing to the subject to authorize contin-
uance Of the present policy
The provision in question reads that
no part Of the appropriations herein
made for the Marine Corps shall be ex-
pended for the purpose for which said
appropriations are made unless officers
and enlisted men shall serve as hereto
fore on board Of all battleships and
armored cruisers and 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 ves-
sells"
Hinges on Word.
The alleged plan to circumvent the ap-
parent purpose Of the law is in the con-
struction of the word heretofore" Those
officials hostile to the plan to put the ma
rines back on the warships contended
that heretofore as used in the provision
meant simply the condition existing i'm
before the act became a law.
In other words, that the provision was
actually designed to continue the shore
duty policy established by President
Roosevelt, and not to change or reverse
that policy. 1t is admitted that the pres
ent naval authorities are inclined to take
that view of the legislation. Owing to
the brief life of the present administra-
ton, however, 1t is realized that the pres
ent officials are practically helpless in the
devolve on their successors in office.
That the reported intention of the pres
ent authorities to nullfy the act was not
merely idle gossip is shown by the fact
upon the Judge advocate general OF the
navy for an opinion as to the proper con-
struction Of the Marine Corps provision.
Il have issued no orders about the re-
turn Of marines to the ships. and will not
do So" So said Secretary Newberry on
his return to the Navy Department this
afternoon from a visit to the White
House. It Is therefore evident that the
decision of the matter has been left to
the next administration.
Under Ships Officers.
From another source it was learned
that the Navy Department has modi-
fed the present regulations governing
the status Of marines on shfpboard. BY
these changes the marines will be under
the complete authority of the ship COM
manders. Their duties will not be spe-
cifically indicated, but will be such as
the commander of the vessel may direct.
and, generally speaking. the marines
will be more Of a mobile force than
now pertains.
Marines still remain aboard fourteen of
the battleships of the Atlantic fleet. their
movements being such that they could not
be withdrawn up to this time It will rest
with the incoming administration to de-
termine whether or not they shall be with
drawn In view Of the act Of Congress di-
recting their return to the ships.
Mr.. Loudenslager Surprised.
Representative Loudenslager, ranking
member of the House committee on naval
affairs. was very much surprised to hear
the Navy Departments construction of
the clause relating to the restoration Of
the marines to the ships.
The department will be very unwise,"
said Mr.. Loudenslager. ''to put construc-
ton upon that clause in violation of the
express intent of Congress- The intent
of Congress was clearly manifest in the
legislation. and the department should
not construe in contrary manner"
Mr.. Loudenslager thought it unneces-
sary to take action in the closing hours
of this session to make the clause more
emphatic He said 1t was so plain that
only a forced construction could pervert
it. and that if the new administration
should hold differently from the wish of
Congress 1t would be possible to take
remedial action at the extra session.
Senator Hale's Opinion.
Senator Hale, chairman Of the COM
,mlttee on naval affairs of the upper
branch Of Congress. does not believe that
the language of the naval appropriation
bill. passed by both houses Of Congress.
can possibly be construed to mean that
the President may keep the marines off
the vessels OF the navy, Notwithstanding
the action of Congress.
The opinions OF certain navy officers
that ''as heretofore may refer to the
conditions Of affairs since the marines
were ordered to shore duty exclusively
by President Roosevelt are held to be
untenable by Mr.. Hale. as we'll as other
members of the Senate naval committee
1t is held by these senators that as the
marines have been serving on the ships
for over one hundred years, ii is plain
what Congress meant by the provision,
even If the language of the context were
not perfectly clear.
The provision referred to concludes as
follows: I'm detachments of not less than
per centum of the strength of the en-
listed men of the navy on said vessels
These words are held to be specific
indication of the intention of Congress to
keep the marines where they have been
for over one hundred years-on the ves-
sells of the navy.