every such page, document, and exhibit." Navy Regulations provide that "records of proceedings of summary courts-martial shall be kept and made up in the manner hereinafter prescribed for records of general courts-martial and in accordance with the instructions contained in the authorized forms of procedure" (Navy Regulations, 1913, R-624), and they also provide that "the record of all naval courts-matrial" shall leave a margin at the top of each leaf of 24 inches, through which margin, "the leaves are to be fastened." (Navy Regulations, 1913, R-826.) It is, therefore, improper to use "clips" instead of "fasteners" since the former do not comply with the instructions above outlined. The above regulations are held to be binding upon convening authorities and senior officers present as well as the members and recorders of summary courts-martial. File 26287-2985, J. A. G., Mar. 22, 1915; C. M. O. 16, 1915. See also G. C. M. Rec. 30485; Naval Courts and Boards, 1917, p. 137.

2. Same-Should be bound at top, not left, margin. C. M. O. 20, 1915, 5.

BINNACLE LIST. See ORDERS, 38.

BIRTH.

1. Applicant for enlistment-Date and place of. See OATHS, 39.

BIRTH CERTIFICATE.

1. Minor-Enlistment of-Birth certificate as proof of minority. C. M. O. 6, 1915, 14. See also FRAUDULENT ENLISTMENT, 59.

BLACKMAIL. See File 26251-12159, Sec. Navy, Oct. 7, 1916; LIBEL; PRIVILEGE.
BLANK FORMS. See ATTORNEY GENERAL, 1.

BLOCKADES.

1. "Blockading vessels and cruisers "-Instructions for. See General Order No. 492, June 20, 1898. See also File 4496-60, June 15, 1907.

BLOTTER.

1. Gouging by warrant officer-A warrant officer (gunner) was tried by general courtmartial on the charges of "Conduct to the prejudice of good order and discipline" and "Conduct unbecoming an officer and a gentleman," the specifications thereunder alleging that he did, while undergoing a written professional examination, knowingly, wilfully, corruptly, fraudulently, secretly, and without the knowledge or permission of the examining board, take into examining room four blotters, having written and copied upon them facts in answer to questions that might be asked him. He was found guilty and dismissed. File 26251-11982, June 23, 1916; G. C. M. Rec. 32300; C. M. O. 20, 1916. See also GOUGING; MIDSHIPMEN, 22; OFFICERS, 13.

BOARDS.

1. Constitution of-Certain boards, not existing or convened by statutory authority as boards of survey on equipage or supplies, may consist of a single officer. Boards of medical survey may consist of a single officer. Some statutory boards, consisting of several members, may act when but one member is present, in certain exceptional cases, by act of July 25, 1882 (22 Stat., 175). Some statutory boards, consisting of several members, may act when a specified quorum is present, or by some definite number, by sections 2039, 2041, 2042, 4827, 5582 of the Revised Statutes. But where the language of the statute is couched in the plural number, more than one member of the board is required for the board to act. But the intent of the law would be the controlling principle in determining whether one medical officer can constitute a "board of naval surgeons," and it is not believed to be the intent of the law that one medical officer can constitute a board as provided for in section 1493, R. S. File 26521-30, J. A. G., Jan. 25, 1912. See also BOARD OF MEDICAL EXAMINERS, 2.

2. Members-It is not necessary that all the members of a court or board sitting at a navy yard or naval station should first report to the commandant, but the president should do so, giving the commandant a list of the officers on such court or board.

811-04.

3. Precedence of members. See PRECEDENCE, 10.

4. Statutory-Constitution of. See BOARDS, 1.

File

BOARD, ACADEMIC BOARD OF THE NAVAL ACADEMY. See ACADEMIC BOARD OF THE NAVAL ACADEMY.

BOARDS, EXAMINING. See MARINE EXAMINING BOARDS; NAVAL EXAMINING BOARDS.

BOARDS OF INQUEST.

1. Constitution of-Boards of inquest shall be composed of not less than three commissioned officers, of whom one at least shall be of the Medical Corps. (R-321.)

2. Judge Advocate General-Shall revise and report upon the legal features of and have recorded the proceedings of boards of inquest. (R-134.)

3. Nature of--The proceedings of a board of inquest is in no sense a trial of an issue or of an accused person. This board performs no real judicial function, but is convened only for the purpose of informing the department in a preliminary way as to the facts involved in the inquiry. C. M. O. 7, 1914, 6.

The evidence adduced before a board of inquest in the Navy, no member of the board or any witness being sworn "is solely for the information of the Navy Department and for the purpose of enabling the department to decide as to the necessity and expediency of further action." File 26250-839:4, Sec. Navy, Oct. 9, 1916.

4. Oaths not authorized-Neither the members of the board nor any person that may be examined may be sworn. (R-321(3).) File 26250-839:4, Sec. Navy, Oct. 9, 1916. 5. Opinion to be expressed on line of duty and misconduct-In every case the board shall carefully investigate and state in the record, whether or to what extent, in their opinion, the death of the individual was due to disease contracted or casualties or injuries received while in the line of his duty and not the result of his own misconduct. In all cases where the board of inquest expresses the opinion that death was not in the line of duty, the board will, in addition to such opinion, state whether or not, in its opinion, the deceased met his death as the result of his own misconduct. C. M.O. 42, 1915, 9. See also File 26250-735, Sec. Navy, Nov. 30, 1915; 26250-812, Sec. Navy, June 6, 1916. 6. Private litigation-Where a copy of the record of a board of inquest was requested for use "in connection with possible private litigation by 'the parents of this young man' against" a city street railway company, the department declined to grant the request. File 26250-839:2, J. A. G., Sept. 27, 1916.

7. Revision-The record may be returned to the board for such revision as is thought

necessary.

"BOARD OF INQUIRY."

1. Naval Academy-The act of April 9, 1906 (34 Stat. 104), provides that the truth of any issue of fact raised as to whether the continued presence of any midshipman at the Naval Academy is contrary to the best interests of the service, "shall be determined by a board of inquiry convened by the Secretary of the Navy under the rules and regulations for the government of the Navy." C. M. O. 31, 1915, 11.

BOARDS OF INSPECTION AND SURVEY FOR SHIPS. C. M. O. 41, 1915.
BOARDS OF INVESTIGATION

1. Approval or disapproval-Neither approval or disapproval is mandatory upon the
department. File 26283-522, J. A. G., Feb. 12, 1913.
2. Civil employee-Under the law and regulations all boards of investigation in the naval
service are to be revised and reported upon by the Office of the Judge Advocate
General. Although such boards may be convened to investigate the conduct of civil-
ian employees at navy yards, they should be reviewed and reported upon by the
Judge Advocate General, not only because of the express provisions of law and regula-
tion, but also because of the fact that the commandant of the yard, or other persons
in the Navy may be responsible for the irregularities or misconduct of civilian em-
ployees as well as other subordinates. (See C. M. O. 129, 1898.) File 26283–789,
G., May 17, 1915.
Collision-Board inquiring into circumstances. See COLLISION, 3.

3.

4. Counsel-A midshipman under investigation was represented by counsel of his own choice. File 5252-73, Oct. 2, 1915.

5. Evidence, as-The statement made by an accused before a board of investigation, when such statement takes the complexion of an admission against interest or a confession, is admissible as evidence before courts-martial. G. C. M. Rec. No. 11279..

6. Same-A court-martial erred in excluding evidence of the statement of the accused to the investigating board, but the court properly excluded the conclusions of that board and the comments thereon of the commander in chief and the Secretary of the Navy. C. M. O. 101, 1903, 10.

7. Same The proceedings of the court were regular, but an error was made in not admitting in evidence the statements made by the accused before the board that investigated the circumstances leading to the present trial. Statements of this character are uniformly admitted by courts-martial, as, for instance, the statement made by

1

an accused person, a deserter, upon investigation by the commanding officer of the vessel on board of which he is delivered. C. M. O. 43, 1906.

8. Same-The judge advocate was unable to locate or secure two witnesses who had testi-
fied under oath before a board of investigation involving the subject matter for which
the accused was undergoing trial by general court-martial. The judge advocate,
therefore, offered in evidence the sworn testimony of these two witnesses before this
board of investigation. Counsel for accused objected but the court admitted the
evidence, whereupon counsel for accused withdrew the objection. G. C. M. Rec.
30684, pp. 294, 306, 307.

9. False statements -Before a board of investigation. See FALSE STATEMENTS, 1.
10. Index for-When over 20 pages. See INDEX, 3.

11. Judge Advocate General-Under the law and regulations should revise and report
upon all boards of investigation. See BOARDS OF INVESTIGATION, 2.

12. Junior officer-Investigating senior. See File 26283-945, Sec. Navy, Dec. 9, 1915.
13. Nature of -A board of investigation is convened to enable those in authority to obtain
accurate information in order that responsibility may be properly placed, if any
exists, to take appropriate action in the premises, and when strangers are involved
to protect the Government from unjust claims. This can not be done unless the
board performs its duty with great care and thoughtfulness. File 26835-525:1,
Sec. Navy, Nov. 30, 1915.

14. Oaths. See OATHS, 7.

15. "One officer" boards of investigation-An officer was tried by general court-martial,
but before final action was taken the department appointed one officer as a board to
conduct a searching investigation into all matters pertaining to the case. C. M. O.
26, 1914, 2. See also File 28478-15:1; 26543-151:1; Bd. of Invest. No. 5301; 6134; File
16711:3, July 12, 1911; 28478-34:2, July 7, 1916; 9351-1564, Aug. 15, 1916; R-316.
16. Reconvene-Because of the "careless manner" in which the investigation was con-
ducted and for failing "to carry out provisions of the precept," and for conducting
the investigation in a "careless," "cursory," and "perfunctory" manner. File
26835-525:1, Sec. Navy, Nov. 39, 1915.

BOARDS OF MEDICAL EXAMINERS.

1. Commander in chief --Not authorized to make changes in. See BOARDS OF MEDICAL
EXAMINERS, 5.
2. Constitution of The board of naval surgeons prescribed by section 1493, Revised
Statutes, should consist of more than one medical officer. While in a number of
cases the convening of such a board composed of but a single officer has been
sanctioned on grounds of convenience, it is believed that the plain intent of Congress
is clearly stated to be that such a board should consist of more than one naval surgeon.
Had Congress intended otherwise, it might well have made such intent evident.
File 26521-30, J. A. G., Jan. 25, 1912. See also File 8006-1, Sept. 6, 1907; 28687-14;
J. A. G., Dec. 14, 1916, p. 2; BOARDS, 1.

3. Marine Corps. See PROMOTION, 165.

4. Medical Reserve Corps -An officer of the Medical Reserve Corps is available for any naval (military) service that could be properly assigned to any naval medical officer, or, as designated in section 1493, Revised Statutes, any naval surgeon, provided he be upon active duty and the duty be appropriate to his grade, and there be no specific restriction in law prohibiting such assignment. It was therefore held: That there is no restriction upon a member of the Medical Reserve Corps, on active duty, acting as a member of a board of medical examiners where duly authorized. File 26521-128, J. A. G., Oct. 20, 1915; C. M. O. 35, 1915, 10.

5. Nature of, and law authorizing-Section 1493 of the Revised Statutes provides for examinations by boards of medical examiners as follows: "No officer shall be promoted to a higher grade on the active list of the Navy, except in the case provided in the next section (physical disqualification occasioned by wounds received in line of duty], until he has been examined by a board of naval surgeons and pronounced physically qualified to perform all his duties at sea." Although the language of this section of the Revised Statutes does not specifically require the President, or the Secretary acting for him, to sign precepts convening boards of medical examiners, the fact that the Secretary of the Navy does sign the precept convening them has become such an established custom as to have the force of law. In view of the above the department held that the commander in chief of a fleet has no authority, nor can he legally be granted authority by the department, to make changes in the constitution of naval examining boards and boards of medical examiners. File 28026-1086:2, Sec. Navy, Aug. 4, 1915; C. M. O. 29, 1915, 6.

6. Officer-Has not a legal right to be ordered before a board of medical examiners for promotion instead of being ordered before a retiring board, where he is due for promotion, but the records of the department in his case are such as to establish prima facie his physical incapacity for active duty. C. M O. 22, 1915, 10.

7. Same-An officer is ordered before a board of medical examiners with a view to determining his physical fitness for promotion; in other words, this examination is made for the sole purpose of establishing whether or not an officer is qualified for the duties of a higher grade, and is not, and never was intended to be, a useless formality which must be observed, despite the fact that the department's records already fully establish that the officer is prima facie not physically qualified for active duty. File 27231-63, J. A. G., May 27, 1915. 8. "One officer" board. See BOARDS, 1; BOARDS OF MEDICAL EXAMINERS, 2. BOARDS OF OFFICERS OF THE REGULAR NAVY.

1. Naval Militia-Physical examination prescribed by General Order No. 150. See NAVAL MILITIA, 29.

BOARDS OF NAVAL SURGEONS. See BOARDS OF MEDICAL EXAMINERS.
BOARDS OF SURVEY.

1. Lloyds Officer granted permission to accept fee. See MERCHANT VESSELS, 4.
2. One officer-May consist of a single officer. See Boards, 1.

BOARDS, RETIRING. See MARINE RETIRING BOARDS; NAVAL RETIRING BOARDS. BOARDING CALLS.

1. Officer drunk-Tried by general court-martial. C. M. O. 39, 1909.

BOATSWAINS. See also WARRANT OFFICERS.

1. Acting boatswain-Tried by general court-martial. C. M. O. 102, 1905.

2. Same-Sentence of dismissal confirmed by the President. C. M. O. 102, 1905.

3. Chief boatswains. See CHIEF BOATSWAINS.

4. Deck courts Boatswain actually in command of a naval vessel may convene. See DECK COURTS, 4.

5. Deck court officer-Boatswain not authorized to act as. See DECK COURTS, 62.

6. General courts-martial-Not eligible to sit as member of. C. M. O. 7, 1914, 11. 7. Same-Boatswains tried by. C. M. O. 11, 1915; 13, 1915.

8. Promotion of Suspension from promotion. See PROMOTION, 205.

9. Same To ensign. See APPOINTMENTS, 18.

10. Summary courts-martial-Boatswain actually in command of a naval vessel may convene. C. M. O. 6, 1915, 5. See also SUMMARY COURTS-MARTIAL, 7, 21.

11. Same-Not eligible to sit as member of. C. M. O. 7, 1914, 11; 6, 1915, 5. See also SUMMARY COURTS-MARTIAL, 7, 21.

BODIES, DISPOSITION OF. See DISPOSITION OF Bodies.

BOILERS.

1. Explosions. See C. M. O. 36, 1915; 37, 1915; 38, 1915; LINE OF DUTY AND MISCONDUCT CONSTRUED, 6.

2. Naval Instructions, 1913-It is provided that "should any difficulty be experienced in feeding a boiler, the combustion shall be checked at once, by closing the dampers and ash-pan doors if necessary, and steps taken to find the cause." (I-3117 (1).) It is further provided that, "whenever the water in any water-tube boiler falls below the lowest try cock and out of sight in the gauge glasses the fires shall be hauled. * * * No attempt shall be made to restore the normal water level by increasing the supply of feed water. Fire extinguishers, if fitted, or otherwise a fire hose or wet ashes, shall be used to quench or deaden coal fires before hauling them. (I-3118 (2).) C. M. O. 37, 1915.

3. Tubes. See VESSELS, 1, 2.

BOOKS.

1. Battle signal books- Officers tried by general court-martial for loss of. C. M. O. 7, 1916; 8, 1916. See also CONFIDENTIAL PUBLICATIONS, 1.

2. Law books. See LAW Books.

3. Library book lost Checkage of pay. See PAY, 18.

4. Obscene book-Sending through mails. See OBSCENE BOOKS AND POSTAL CARDS. 5. Officers publishing-Permission granted to publish specific articles or books, but must first be submitted to the department. File 2479-3, 5, 1907.

6. Tactical signal book-Officer tried by general court-martial for loss of. C. M. O. 12, 1910. See also BATTLE, 1; CONFIDENTIAL PUBLICATIONS, 1, 3.

BORROWING MONEY.

1. Master-at-arms-Charged with "Violation of a lawful regulation issued by the Secretary of the Navy," the specifications thereunder alleging that accused loaned money at interest to crew. C. M. O. 21, 1910, 6. See also LENDING MONEY.

2. Officer from enlisted man-Officer borrowed money from ward-room steward, giving his commission as security. Tried by general court-martial and dismissed. G. O. 150, Feb. 11, 1870.

3. Warrant officer from enlisted men-Tried by general court-martial under "Violation of a lawful order issued by the Secretary of the Navy." Lost numbers and publicly reprimanded. C. M. O. 7, 1909; 34, 1916, 2. See also C. M. O. 121, 1907.

BOUNTY.

1. Clothing outfits-On enlistment. See CLOTHING OUTFITS.

BOXING.

1. Line of duty and misconduct. See LINE OF DUTY AND MISCONDUCT CONSTRUED, 7-9. 2. Manslaughter. See MANSLAUGHTER. 13.

BRACKETS.

1. Findings-Use of brackets in findings. See FINDINGS, 9.

BREACH OF TRUST.

1. Never trivial-A breach of financial trust or misuse of public funds is never trivial. C. M. O. 107, 1901, 2.

BREAD AND WATER. See G. O. Navy Dept., No. 553, Nov: 15, 1920.

1. Confinement on bread and water-Summary courts-martial will exercise care and discretion in resorting to this punishment, and not award it in any case for a longer period, consecutively, than five days. Cir., Sec. Navy, May 18, 1872; R-619 (4). 2. General courts-martial-May impose a sentence including bread and water. C. M. O. 15, 1890; 26, 1893; 103, 1893; 112, 1903, 2; 1, 1914, 4; 9, 1914, 3.

3. Severe punishment-"The frequency with which punishment, by solitary confinement on bread and water, or on diminished rations, is imposed by the sentences of summary courts-martial, meets with the disapprobation of the department. This punishment is a severe one; and it was not, probably, contemplated by the law that it should be generally resorted to for the correction of offenders. It is believed that other authorized punishments will, in most cases, prove more effectual than this. In cases where punishment by confinement on bread and water or diminished rations is imposed by sentence of courts-martial, that portion of such sentences will be disapproved by the department." G. O. 287, Feb. 3, 1882. But see A. G. N. 30. 4. "Solitary" confinement-An enlisted man of the Navy was tried by summary courtmartial and sentenced to confinement for fifteen days on bread and water, with full ration every third day. Since sentences involving confinement on bread and water or on diminished rations are illegal unless it is expressly provided that such confinement is to be "solitary" (A. G. N. 30; Navy Regulations, 1913, R-619 (1); Forms of Procedure, 1910, p. 162; C. M. O. 15, 1910, p. 11), the department directed that the sentence be set aside. File 26287-3017, Sec. Navy, June 25, 1915; C. M. O. 22, 1915, 5. 5. Same-Certificate of medical officer. See CONFINEMENT, 5.

BREAKING ARREST. See also ARREST.

1. Articles for the Government of the Navy-"Breaking arrest" is not specifically mentioned in the Articles for the Government of the Navy. C. M. O. 7, 1911, 12. 2. Charge-The offense of breaking arrest should be specified under the charge, "Breaking arrest." While the offense of "breaking arrest" is not specifically mentioned in the Articles for the Government of the Navy, it is in the Limitation of Punishment prescribed thereunder by the President. (Navy Regulations, 1913, R-900, page 93 R; Forms of Procedure, 1910, p. 319.) A form of specifications is also shown under the caption "Breaking Arrest" on page 92, Forms of Procedure, 1910. Instructions were issued in Court-Martial Order No. 7, 1911, p. 12 (Case of Bryhn) to the effect that "while a form of specification is shown under the caption 'Breaking arrest' in the 'Forms of Procedure' issued by the department, and many precedents exist for so charging this offense, it would seem that it should more properly be charged as 'conduct to the prejudice of good order and discipline,' in conformity with article 1705, paragraph 4, of the Navy Regulations, 1909 [Navy Regulations, 1913, R-712 (4)].” See File 26262-1065. These instructions, however, were issued prior to November 9, 1911, the date of C. N. R. No. 17, which added the offense of "Breaking arrest,"