how authenticat, ART. 60. The proceedings of courts of inquiry shall be authenticated, Proceedings. by the signature of the president of the court and of the judge-advocate, ed and used as and shall, in all cases not capital, nor extending to the dismissal of a evidence. commissioned or warrant officer, be evidence before a court-martial, provided oral testimony cannot be obtained. Sec. Id., art. 24. NOTE.-Courts of inquiry are open or close, as the authority ordering it may determine.-De Hart, 276. Action of courts not decision, but advice, only for information of Executive. Scope not limited to a prescription of time. May be ordered at any subsequent date.-Op. VIII, 335; VI, 239. A court of inquiry cannot be ordered on a civilian. A body of officers convened to inquire into and report on the facts of the case of an officer who has been legally dismissed is a mere board of investigation, and can exercise none of the special powers of a court-martial or court of inquiry.-Winthrop's Digest, 125; see same as to powers of boards of investigation. A copy of the record of a court of inquiry is not to be furnished to parties, or their agents, as a matter of right, as is the copy of the record of a couit-martial. -Holt's Digest, 43. MISCELLANEOUS PROVISIONS. Sec. 2003. Interference in elections. 5510. Depriving citizens of civil rights. 5530. Prescribing voters' qualifications. Consular pow SEC. 1433. The commanding officer of any fleet, squadron, or vessel Title 15, Chap. 2. acting singly, when upon the high seas or in any foreign port where there is no resident consul of the United States, shall be authorized to exercise ers. all the powers of a consul in relation to mariners of the United States. 20 Feb., 1845, s. 2, v. 5, p. 725. in SEC. 1440. If any officer of the Navy accepts or holds an appointment Accepting ap in the diplomatic or consular service of the Government, he shall be pointments diplomatic servconsidered as having resigned his place in the Navy, and it shall be filled as a vacancy. 30 March, 1868, s. 2, v. 15, p. 58. ice. SEC. 1442. The Secretary of the Navy shall have authority to place Furloughing of on furlough any officer on the active list of the Navy. NOTE.-Furloughed, in ordinary sense of the administration of the Department, is a question of duty and pay, not of rank or place on the roll of the Navy. The officer may be restored by the same power, retains his place in the line of promotion, and it cannot be occupied by another.-Op. VIII, 223, Dec. 10, 1856. ficers. Regulations. SEC. 1547. The orders, regulations, and instructions issued by the Title 15, Chap. 7. Secretary of the Navy prior to July 14, 1862, with such alterations as he may since have adopted, with the approval of the President, shall be recognized as the regulations of the Navy, subject to alterations adopted in the same manner. 14 July, 1862, s. 5, v. 12, p. 565. NOTES.-Congress is empowered by the Constitution to make Navy Regulations. A regulation of the Department (Treasury) made in pursuance of an act of A regulation of a Department is a rule made by the head of such Department for its action, under a statute conferring such power, and has the force of law; a mere order of the President, or the Secretary of the Department, is not a regu lation.-Court of Claims, III, p. 39. The Navy Regulations on the subject of payments to administrators and under wills are to be construed as binding only upon the officers and seamen of the Navy; they are not applicable to nor binding upon the accounting officers of the Treasury Department in the settlement of naval accounts, and it was not intended that they should control these officers:-Op. XVI, p. 494, Devens, May 21, 1880. The general tenor of this opinion is that the Navy Regulations are not intended to affect any persons except those subject to the orders of the Secretary of the Navy. Copy to be furLished to officers. Title 15, chap. 8. Sea service. Medicines and medical attendance. Funeral ex. penses. Title 23, Chap. 1. SEC. 1548. The Secretary of the Navy shall cause each commissioned or warrant officer of the Navy, on his entry into the service, to be furnished with a copy of the regulations and general orders of the Navy Department then in force, and thereafter with a copy of all such as. may be issued. 17 July, 1862, s. 19, v. 12, p. 610. SEC. 1571. No service shall be regarded as sea service except such as. shall be performed at sea, under the orders of a Department and in vessels employed by authority of law. 1 June, 1860, s. 3, v. 12, p. 27. NOTE. The service which entitles an officer to the pay allowed for "duty at sea," begins when, having been ordered to a particular duty, he reports himself. in obedience to the orders, at the place designated, and enters upon that duty.Op. X, p. 191, Feb. 19, 1862, and p. 97, Aug. 13, 1861, Bates. SEC. 1586. Expenses incurred by any officer of the Navy for medicines. and medical attendance shall not be allowed unless they were incurred when he was on duty, and the medicines could not have been obtained from naval supplies, or the attendance of a naval medical officer could not have been had. 15 July, 1870, s. 17, v. 16, p. 334. SEC. 1587. No funeral expense of a naval officer who dies in the United States, nor expenses for travel to attend the funeral of an officer who dies there, shall be allowed. But when an officer on duty dies in a foreign country the expenses of his funeral, not exceeding his sea-pay for one month, shall be defrayed by the Government, and paid by the paymaster upon whose books the name of such officer was borne for pay. 15 July, 1870, s. 17, v. 16, p. 334. NOTE.-Section 1581 prohibits the allowance of the funeral expenses of an officer who dies in the United States. The fact that an officer who had started on foreign service, but died in a port of the United States, at which his vessel had touched, does not relieve the case from the prohibition in the statute.-Op. XIII, p. 341, Nov. 17, 1870, case of Captain Harrison. Not held by the Navy Department as prohibiting an allowance of an officer's funeral expenses, to the limit in the statute, who dies at sea on the way home from a foreign station.-Case of Captain Lewis, 1880. SEC. 1860. * Third. No officer, soldier, seaman, mariner, or other person in the Army or Navy, or attached to troops in the service of the Voting and hold- United States, shall be allowed to vote in any Territory, by reason of ing office in Terribeing on service therein, unless such Territory is, and has been for the period of six months, his permanent domicile. tories. Title 26. Bringing armd troops to places of election. Fourth. No person belonging to the Army or Navy shall be elected to or hold any civil office or appointment in any Territory, except officers of the Army on the retired list. SEC. 2002. No military or naval officer, or other person engaged in the civil, military, or naval service of the United States, shall order, bring, keep, or have under his authority or control, any troops or armed men at the place where any general or special election is held in any State, unless it be necessary to repel the armed enemies of the United States, or to keep the peace at the polls. [See § § 5528, 5529, 5530, 5532. ] SEC. 2003. No officer of the Army or Navy of the United States shall with freedom of prescribe or fix, or attempt to prescribe or fix, by proclamation, order, elections. or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State. [See § § 5530, 5530. ] 25 Feb., 1865, s. 1, v. 13, p. 437. Interference Title 70, Chap. 7. zens rights. of civil SEC. 5510. Every person who, under color of any law, statute, ordinance, regulation, or custom, subjects, or causes to be subjected, any Depriving citi inhabitant of any State or Territory to the deprivation of any rights, privileges, or immunities, secured or protected by the Constitution and laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color or race, than are prescribed for the punishment of citizens, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than one year, or by both. 31 May, 1870, s. 17, v. 16, p. 144. SEC. 5528. Every officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, who orders, brings, keeps, or has under his authority or control, any troops or armed men at any place where a general or special election is held in any State, unless such force be necessary to repel armed enemies of the United States or to keep the peace at the polls, shall be fined not more than five thousand dollars, and suffer imprisonment at hard labor not less than three months nor more than five years. [See § 2002, 5531, 5532.] 25 Feb., 1865, s. 1, v. 13, p. 437. Unlawful presence of troops at elections. Intimidation of SEC. 5529. Every officer or other person in the military or naval service who, by force, threat, intimidation, order, advice, or otherwise, voters. prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any general or special election in such State, shall be fined not more than five thousand dollars, and imprisoned at hard labor not more than five years. [See § 2003. ] Ibid., s. 2. SEC. 5530. Every officer of the Army or Navy who prescribes or fixes, Officers of Army or attempts to prescribe or fix, whether by proclamation, order, or or Navy prescrib otherwise, the qualifications of voters at any election in any State, ing qualification shall be punished as provided in the preceding section. [See § 2003. ] Ibid., s. 1. of voters. SEC. 5531. Every officer or other person in the military or naval Officers, &c., of service who, by force, threat, intimidation, order, or otherwise, compels, Army or Navy in terfering with or attempts to compel, any officer holding an election in any State to officerof election, receive a vote from a person not legally qualified to vote, or who im- &c. poses, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an election in the discharge of his duty, shall be punished as provided in section fifty-five hundred and twenty-nine. Ibid., s. 2.. SEC. 5532. Every person convicted of any of the offenses specified in Disqualification the five preceding sections, shall, in addition to the punishments therein for holding office. severally prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing in those sections shall be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote. Ibid., s. s. 1, 2. And all officers of the Navy shall be credited with the actual time 3 March, 1883. they may have served as officers or enlisted men in the regular or vol- Credit for regu unteer Army or Navy, or both, and shall receive all the benefits of such lar and volunteer actual service in all respects in the same manner as if all said service service. had been continuous and in the regular Navy in the lowest grade having graduated pay held by such officer since last entering the service: Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer army or navy. March 3, 1883, P. E., p. 473. [Naval appropriation act.] 31 Jan., 1831. No decoration, or other thing, the acceptance of which is authorized by this act, and no decoration heretofore accepted, or which may hereafter be accepted, by consent of Congress, by any officer of the United Acceptance of States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiving the same. 31 Jan., 1881, s. 2, chap. 32, P. E., p. 80. Hereafter any present, decoration, or other thing, which shall be conferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress. Ibid., s. 3. decorations. 3 March, 1883.. Hereafter no officer of the Navy shall be employed on any shore duty, Employment except in cases specially provided by law, unless the Secretary of the on shore duty. Navy shall determine that the employment of an officer on such duty is required by the public interests, and he shall so state in the order of employment, and also the duration of such service, beyond which time it shall not continue. Sec. 3 March, 1883, s. 2, P. E., p. 481. [Naval appropriation act.] 5 Aug., 1882, s. 3. [Naval appropriation act.] NOTE.-A naval officer cannot lawfully serve as a master of a private steam vessel in the merchant service without having previously obtained the license required by Sec. 4438 R. S., although he may be eligible by virtue of his commission to take command of a steam vessel of the United States in the naval service.-Op. XV, 61, Pierrepont, Oct. 26, 1875, Commander Philips' case. (See also BRIBES, PRESENTS, ETC.-PART IV.) 1395. Number and appointment of. 1396. Qualifications of. 1397. Form of worship. 3198. Annual report. Title 15, Chap. 1. CHAPLAINS. Sec. 47. 1479. Rank. 1481. Rank when retired from age, &c. SEC. 1395. There shall be in the Navy, for the public armed vessels of Number and the United States in actual service not exceeding twenty-four chaplains, appointment of. Who shall be appointed by the President with the advice and consent of of. the Senate. 21 Apr., 1806, s. 3, v. 2, p. 390. Qualifications SEC. 1396. A chaplain shall not be less than twenty-one nor more than thirty-five years of age at the time of his appointment. Form of worship. Annual report. Title 15, Chap. 4. Rank when re tired for age or length of service. Title 15, Chap. 8. 14 July, 1862. s. 7, v. 12, p. 565. NOTE.-Under this act the President cannot appoint a chaplain above the age of thirty-five, although before its passage he had instructed the Secretary of the Navy to prepare the nomination of the person to the Senate.-Op. X, p. 324, Bates, Aug. 28, 1862. SEC. 1397. Every chaplain shall be permitted to conduct public worship according to the manner and forms of the church of which he may be a member. 1 June, 1860, s. 1, v. 12, p. 24. SEC. 1398. Chaplains shall report annually to the Secretary of the Navy the official services performed by them. 1 June, 1860, s. 1. v. 12, p. 24. SEC. 1479. Chaplains shall have relative rank as follows: Four, the relative rank of captain; seven, that of commander; and not more than seven, that of lieutenant-commander or lieutenant. * 3 March, 1871, s. 9, v. 16, p. 536. SEC. 1481. * Chaplains, who shall have served faithfully for forty-five years, shall, when retired, have the relative rank of commodore; and who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. 3 March, 1871, s. 11, v. 16, p. 337. SEC. 1556. Chaplains, during the first five years after date of commission, when at sea, two thousand five hundred dollars; on shore duty, two thousand dollars; on leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand eight hundred dollars; on shore duty, two thousand three hundred dollars; on leave, or waiting orders, one thousand nine hundred dollars. 15 July, 1870, 8, 3, v. 16, p. 331. SEC. 1413. The President, by and with the advice and consent of the Title 15, Chap. 1. Senate, may appoint a civil engineer at each of the navy yards where such officers may be necessary. 2 March, 1867, s. 1. v. 14, p. 490. 17 June, 1868, s. 1, v. 15, p. 69. Appoint ment at navy-yards. SEC. 1478. Civil engineers shall have such relative rank as the Presi- Title 15, Chap. 4. dent may fix. 3 March, 1871, s. 9, v. 16, p. 536, The President of the United States has this day, under the provisionl of section 1478 of the Revised Statutes, conferred relative rank on civi engineers of the Navy, and fixed the same as follows: One with the relative rank of captain. Two with the relative rank of commander. Three with the relative rank of lieutenant-commander. Four with the relative rank of lieutenant. Civil engineers will take precedence in their corps, and with other officers with whom they hold relative rank, in accordance with the law regulating precedence of officers of the Navy. General Order 263. 24 February, 1881. Rank. NOTE.-See Ops. XV, p. 165 and 597; XVI, p. 203, and June 17, 1881. SEC. 1556. Civil engineers, during the first five years after Title 15, Chap. 8. date of appointment, when on duty, two thousand four hundred dollars; on leave, or waiting orders, one thousand five hundred dollars; during Pay. the second five years after such date, when on duty, two thousand seven hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars; during the third five years after such date, when on duty, three thousand dollars; on leave, or waiting orders, two thousand one hundred dollars; after fifteen years from such date, when on duty, three thousand five hundred dollars; on leave, or waiting orders, two thousand six hundred dollars. |