Chapter 21. To promote the efficiency of the Naval Militia, and for other purposes
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CHAP. 21.— An Act To promote the efficiency of the Naval Militia, and for other purposes. February 16, 1914.[[H. R. 8667](/us/bill/63/hr/8667).][[Public, No. 57](/us/pl/63/57).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That of the Organized MilitiaNaval Militia.Constitution of.Vol. 35, p. 399. as provided for by law such part of the same as may be duly prescribed in each State, Territory, and for the District of Columbia shall constitute a Naval Militia.
Sec. 2. That on and after three years from the date of the passageOrganization of, to be established by Secretary of the Navy. of this Act the organization of the Naval Militia shall be units of convenient size, in each of which the number and ranks of officers and the distribution of the total enlisted strength among the several ratings of petty officers and other enlisted men shall be established by the Secretary of the Navy, who shall also establish the number of officers and the number of petty officers and other enlisted men required for the organization of such units into larger bodies for administrative and other purposes, and the arms and equipment of the Naval MilitiaArms and equipment for land service. of the several States, Territories, and the District of Columbia shall be the same as, or the equivalent of, that which is now or may hereafter be prescribed for the landing forces of the vessels of the United States Navy, and such other and additional arms, armament, andAt sea. equipment, including vessels and stores, supplies, and equipment of all kinds for the repairing, maintenance, and operation of the same,284 as the Secretary of the Navy may from time to time prescribe for the training of the Naval Militia in duties afloat.
Vessels, etc., to be loaned for.And the Secretary of the Navy is hereby authorized, in his discretion, to issue from time to time to the governors of the several States and Territories and to the commanding general District of Columbia Militia, or to the other proper State, Territorial, and District authorities; respectively, as a loan, vessels and such stores, supplies, and equipment of all kinds as may be necessary for the maintenance andShip keepers. operation of said vessels, and may detail to said vessels such number of officers and enlisted men as he may deem desirable for duty as ship*Proviso*.Additional to regular number. keepers: *Provided*, That such enlisted men shall be in addition to the number now or hereafter allowed by law for the regular Naval Establishment.
Sec. 3. To be called forth in case of invasion, etc. That in the event of war, actual or threatened, with any foreign nation involving danger of invasion, or of rebellion against the authority of the Government of the United States, or whenever the President is, in his judgment, unable with the regular forces at his command to execute the laws of the United States, it shall be lawful for the President to call forth such number of the Naval Militia of a State or of the States, or Territories, or of the District of Columbia, as he may deem necessary to repel such invasion, suppress such rebellion, orOrders to be issued, through governors, etc. to enable him to execute such laws, and to issue his orders for that purpose, through the governor of the respective State or Territory, or through the commanding officer of the Naval Militia of the District of Columbia, from which State;
Territory, or District such Naval Militia may be called, to such officers of the Naval Militia as he may think proper. Sec. 4. Term of service. That whenever the President calls forth all or any part of the Naval Militia of any State, Territory, or of the District of Columbia, to be employed in the service of the united States, he may specify in his call the period for which such service is required, and the Naval Militia so called shall continue to serve during the term so specified, either within or without the territory of the United States, unless*Provisos*.When period not stated. sooner relieved by order of the President: *Provided*, That if no period be stated in the call of the President, the period shall be held to mean the existence of the emergency, of which the President shall be theLimitation. sole judge: *And provided further*, That no commissioned officer or enlisted man of the Naval Militia shall be held to service beyond the termTo be called in advance of volunteer naval force. of his existing commission or enlistment: *Provided further*, That when the military needs of the Federal Government, arising from the necessity to execute the laws of the United States, suppress insurrection, or repel invasion, can not be met by the regular forces, the Naval Militia qualified as herein provided and any existing Naval Reserve now or hereafter organized shall be called into the service of the United States in advance of any volunteer naval force which it may then be determinedManning of purchased vessels. to raise: *And provided further*, That no tiling herein contained shall prevent the Secretary of the Navy, when vessels are purchased or otherwise acquired by the United States for a war, from manning such vessels by all or part of the officers and men then serving on said vessels.
Sec. 5. Mustering in.Acceptance of previous examination, etc. That every officer and enlisted man of the Naval Militia who shall be called forth in the manner hereinbefore prescribed shall be mustered for service without further appointment or enlistment, and without further professional examination previous to such muster, except for those States and Territories and the District of Columbia, if the case may so be, which have not adopted a standard of professional and physical examination prescribed by the Secretary of the Navy for the Naval Militia, and whose officers and petty officers shall not have been examined and found qualified in accordance therewith by boards of*Provisos*. officers which shall be appointed by said Secretary: *Provided, how*285 *ever*, That any officer or enlisted man of the Naval Militia so qualifiedPunishment for not answering call. who shall refuse or neglect to present himself for such muster upon being called forth as herein prescribed, shall be subject to trial by court-martial and shall be punished as such court-martial may direct: *Provided further*, That when in the service of the United States, officersService of officers on courts-martial. of the Naval Militia may serve on courts-martial for the trial of officers and men of the Regular or Naval Militia Service, but in the cases of courts-martial convened for the trial of officers of the Regular Service, the majority of the members shall be officers of the Regular Service; and officers and men of the Naval Militia may be tried by courts-martial the members of which are officers of the Regular or Naval Militia Service, or both: *And provided further*, That Naval MilitiaRelative rank with Navy officers. officers mustered as such into the service of the United States under the provisions of this Act shall rank with but after officers of the Regular Navy in the same grade and rank; except that for the purposeCommands. of determining who shall exercise command over a combined force, composed of vessels commanded by Naval Militia officers and of vessels commanded by officers of the Navy acting in conjunction, all officers of the Naval Militia of or above the rank of lieutenant commander will be regarded as junior to lieutenant commanders of the Navy.
Sec. 6. That the Naval Militia, when called into the service of theNavy regulations to govern. United States, shall be governed by the Navy regulations and the articles for the government of the Navy. Sec. 7. That the Naval Militia, when called into the service of thePay and allowances. United States, shall, during their time of service, be entitled to the same pay and allowances as are or may be provided by law for the Regular Navy. Sec. 8. That when the Naval Militia is called into the service of theCommencement of pay.
United States, or any portion of the Naval Militia is called forth under the provisions of this Act, their pay shall commence from the day of their reporting in obedience to such call at their local ship, armory, or quarters; but this provision shall not be construed to authorize anyLimit of previous expenditures. species of expenditure previous to arriving at such places which is not provided by existing laws to be paid after their arrival at such places. Sec. 9. That the adjutant general of each State, Territory, or theReturns to be made to Secretary of the Navy.
District of Columbia, or such other person, board, or bureau as may be provided by the laws of such State, Territory, or the District of Columbia to perform for the Naval Militia the duties ordinarily performed by such adjutant general, shall make returns to the Secretary of the Navy, at such times and in such form as the Secretary of the Navy shall from time to time prescribe, of the strength of the Naval Militia, and also make such reports as may from time to time be required by the Secretary of the Navy.
That the Secretary of theReports to Congress. Navy shall, with his annual report of each year, transmit to Congress an abstract of the returns and reports of the adjutants general, or of such person, board, or bureau of the States, Territories, and the District of Columbia, with such observations thereon as he may deem necessary for the information of Congress. Sec. 10. That the Secretary of the Navy is hereby authorized toIssue of arms, etc. procure, by purchase or manufacture, and issue from time to time to the Naval Militia such number of United States service or other arms, accessories, accouterments, equipment, uniforms, clothing, equipage, and military and naval stores or all kinds, under such regulations as he may prescribe, as are necessary to arm, uniform, and equip all of the Naval Militia in the several States, Territories, and the District of Columbia in accordance with the requirements of this Act withoutNot chargeable to annual allotment. charging the cost or value thereof or any expense connected therewith against the allotment of such State, Territory, or District made from the annual appropriation provided for the arming and equipping of the Naval Militia in the annual appropriation for the Navy, or in any286 other general appropriation for the Naval Militia that may hereafterIssue of ammunition. be made, or without requiring payment therefor, and to issue from time to time ammunition suitable for such arms as the Naval Militia of the several States, Territories, and the District of Columbia mayExchange of obsolete arms, etc. be equipped with, and to exchange said arms, accessories, accouterments, equipment, equipage, stores, and ammunition when the same shall have become obsolete, without receiving any money credit therefor, for other arms, accessories, accouterments, equipment, equipage, stores, and ammunition suitable for the Naval Militia:*Provisos*.Accounting, etc. *Provided*, That said property shall remain the property of the United States, and be annually accounted for by the governor or other proper officer of the States, Territories, and the commanding general DistrictTo be returned if required. of Columbia Militia: *Provided further*, That each State, Territory, and the District of Columbia shall, when and as required by the Secretary of the Navy, turn in to the Navy Department, or otherwise dispose of, in accordance with the direction of the Secretary of the Navy, without receiving any money credit therefor, and without expense for transportation or otherwise, such or all property theretoforeAppropriation for arms, etc. issued under the provisions of this Act.
To provide means to carry into effect the provisions of this section, the necessary money to cover the cost of procuring, exchanging, or issuing of arms, accessories, accouterments, equipment, uniforms, clothing, equipage, ammunition, and military and naval stores to be exchanged or issued hereunder is hereby appropriated out of any money in the TreasuryYearly limit. not otherwise appropriated: *Provided*, That the sum expended in the execution of the purchases and issues provided for in this section shall not exceed the sum of $200,000 in any fiscal year: *And provided further*,Report to Congress.
That the Secretary of the Navy shall annually submit to Congress a report of expenditures made by him in the execution of the requirements of this section. Sec. 11. Payment for actual service expenses from annual allotment. That when it shall appear by the report of inspections, which it shall be the duty of the Secretary of the Navy to cause to be made at least once in each year by officers detailed by him for that purpose, that the Naval Militia of a State, or Territory, or of the District of Columbia is sufficiently armed, uniformed, and equipped for active duty, the Secretary of the Navy is authorized, in his discretion, on the requisition of the governor of such State or Territory or of the commanding general District of Columbia Militia, to pay to such officer as may be properly designated and appointed by said governor or commanding general so much of its allotment from the annual appropriation for arming and equipping the Naval Militia in the annual appropriation for the Navy as shall be necessary for the payment, subsistence, and transportation of such portion of said Naval Militia as shall engage in actual service or instruction afloat or onPay of officers and men. shore; and the officers and men of such Naval Militia while so engaged may be paid therefrom the same pay, subsistence, and transportation or travel allowance as officers and men of corresponding grades of the Regular Navy are or may hereafter be entitled to by law, and the officer so designated and appointed shall be regarded asAccounts, bond, etc. a disbursing officer of the United States and shall render his accounts through the Navy Department to the proper accounting officer of the Treasury for settlement, and he shall be required to give good and sufficient bonds to the United States, in such sums as the Secretary of the Navy may direct? faithfully to account for the safe-keeping and payment of the public moneys so intrusted to him for disbursement.
Sec. 12. Participation in Navy cruises, maneuvers, etc. That the Secretary of the Navy is authorized, in his discretion, to provide for participation by any part of the Naval Militia of any State or Territory or the District of Columbia on the request of the governor of said State or Territory or the commanding general of the militia of said District, in any cruise, maneuvers, field instruc287 tion, or encampment of any part of the Regular Navy, afloat or on shore. In such case the Naval Militia so participating shall, if soPay, etc. requested by the governor or commanding general and allowed by the Secretary of the Navy, receive the same pay, subsistence, and transportation as is provided by law for the officers and men of the Regular Navy, and no part of the sums appropriated for the support of the Regular Navy shall be used to pay any part of the expenses of the Naval Militia of any State, Territory, or the District of Columbia while engaged in such cruise, maneuvers, field instruction, or joint encampment of the Regular Navy and Naval Militia, but no paymentsRestriction. to the Naval Militia under the provisions of this section and no allowances for mileage shall be made from appropriations made for the Navy, but shall be made solely from the sums appropriated for such cruise, maneuvers, field instruction, or for the Naval Militia: *Provided*,*Provisos*.Regular Navy officers to retain command.
That officers of the Regular Navy in command of vessels upon which Naval Militia may be embarked, or in command of camps, navy yards, or other places in which Naval Militia may be encamped or be, shall remain in command of said vessels, camps, navy yards, or other places, as aforesaid, irrespective of the rank of the commanding or other officers of the Naval Militia on board said vessels or within said places: *Provided further*, That said commanding officers of the RegularDetails of Naval Militia for duties.
Navy may, in the exercise of their discretion, place upon any duty to which his rank or rating would entitle him if he were of the same rank or rating in the Regular Navy, or duty of a lower grade, any officer, petty officer, or enlisted man of the Naval Militia so under his command as aforesaid, and may temporarily or permanently relieve from duty so imposed such officer, potty officer, or enlisted man; and in making details to command and duty, and relieving from command and duty as aforesaid, said commanding officer shall be held to the exercise of a reasonable discretion only, and for the purposes of this section it is to be presumed that a member of the Naval Militia is competent to be detailed for any duty to which his rank would entitle him until the contrary be apparent to such commanding officer: *And provided further*, That any officer or petty officer or enlistedAuthority when detailed. man of the Naval Militia placed on duty as aforesaid or detailed to duty on a vessel assigned to the Naval Militia shall have, during the time that he is on duty, all authority over all persons inferior to himself in rank or equivalent rank necessary for the purpose of carrying out the duty upon which he has been so detailed.
Sec. 13. That whenever any officer or enlisted man of the NavalAttendance at service schools, etc. Militia shall, upon the recommendation of the governor of any State, Territory, or the commanding officer of the District of Columbia Naval Militia, and when authorized by the Secretary of the Navy, attend and pursue a regular course of study at any military or naval school or college of the United States or on board ship, such officer or enlisted man shall receive from the annual appropriation for the support of the Navy the same travel allowances and quarters orTravel and quarters. commutation of quarters to which an officer or enlisted man of the Regular Navy would be entitled for attending such school or college or doing duty on such ship under orders from proper authority.
Such officers shall also receive commutation of subsistence at theSubsistence. rate of $1 per day and each enlisted man such subsistence as is furnished to an enlisted man of the Regular Navy while in actual attendance upon a course of instruction. Sec. 14. That the annual appropriation made by Congress forIssue of Navy supplies, etc. arming and equipping the Naval Militia in the annual appropriation for the Navy shall be available for the purpose of providing for issue to the Naval Militia any stores and supplies or publications which are supplied to the Navy by any department.
Any State, Territory,Purchases by States, etc., from Navy Department. or the District of Columbia may, with the approval of the Secretary of the Navy, purchase for cash from the Navy Department, for the288 use of its Naval Militia, stores, supplies, material of war, or military publications, such as are furnished to the Navy in addition to those issued under the provisions of this Act, at the price at which they are listed for issue to the Navy, with the cost of transportation added,Use of receipts. and funds received from such sales shall be credited to the appropriation to which they belong and shall not be covered into the Treasury, but shall be available until expended to replace therewith the supplies sold to the States and Territories and to the District of Columbia in the manner herein provided.
Sec. 15. Participation in annual exercises required. That each State or Territory or the District of Columbia furnished with material of war under the provisions of this or former Acts of Congress shall, during the year next preceding each annual allotment of funds, in order to participate in such annual allotment of funds, have required every ship’s company, engineer’s, navigator’s, and other divisions, or units, of its Naval Militia not excused by the governor of said State or Territory, or the commanding general District of Columbia Militia, for reasons satisfactory to the Secretary of the Navy, to participate during at least five consecutive days in such form of military or naval exercise as may have been prescribed by the Secretary of the Navy, and in default of such prescribing by the Secretary of the Navy, then in some form of Naval Militia. exercise during at least five consecutive days to be prescribed by the governor of the said State or Territory, or the commanding officerDrill and target practice. of the District of Columbia Naval Militia, and shall also have required said divisions to assemble for drill and instruction at armories or other places of rendezvous or for target practice not less than twenty-four times, and shall have required during such year an inspection of each of said divisions or units, to be made by an officer of said Naval Militia, or by an officer of the State service, or by an officer of the Regular Navy.
Sec. 16. Details from Navy, for instruction, inspection, etc., authorized. That the Secretary of the Navy is hereby authorized and empowered, upon the request of the governor of any State or Territory, or of the commanding general District of Columbia Militia, having an organized Naval Militia, to detail an officer or officers to inspect, instruct, and examine such Naval Militia at such times and places as may be appointed by any of said governors or commanding general, and may, upon his own motion, also detail officers for the purpose of formulating standard regulations for the organization, discipline, training, armament, and equipment of said Naval Militia, and for the professional examination of the officers, petty officers, and men composing the same, with a view to producing uniformity among the Naval Militia of the various States and assimilating them to the standard of the United States Navy.
Sec. 17. Assignments from Navy for duty with Naval Militia. That upon the application of the governor of any State or Territory; or of the commanding general District of Columbia Militia, furnished with material of war under the provisions of this Act or former laws of Congress, the Secretary of the Navy may, in his discretion, detail one or more officers or enlisted men of the Navy to report to the governor of such State or Territory, or to the commanding general of the District of Columbia Militia, for duty in connectionRevocation. with the Naval Militia.
All such assignments may be revoked at the request of the governor of such State or Territory, the commanding general of the District of Columbia Militia, or at the pleasure of theConsultation board of five militia officers created. Secretary of the Navy. The Secretary of the Navy is hereby authorized to appoint a board of five officers of the Naval Militia, which shall from time to time, as the Secretary of the Navy may direct, proceed to Washington, District of Columbia, for consultation with the Navy Department respecting the condition, status, and needs ofTerm. the whole body of the Naval Militia.
Such officers shall be appointed for a term of four years, unless sooner relieved by the Secretary of the Navy. 289 The actual and necessary traveling expenses of the members ofTraveling expenses, etc., of board. such board, together with a per diem to be established by the Secretary of the Navy, shall be paid to the members of the board. The expenses herein authorized, together with the necessary clerical and office expenses of the division of Naval Militia affairs in the office of the Secretary of the Navy, shall constitute a charge against the wholeTo be charged to annual appropriation. sum annually appropriated under the appropriation for the arming and equipping of the Naval Militia in the annual appropriation for the Navy, and shall be paid therefrom, and not from the allotment duly apportioned to any particular State, Territory, or the District of Columbia: and a statement of such expenses shall be submitted toStatement of expenses.
Congress by the Secretary of the Navy in connection with his annual report. Sec. 18. That the Naval Militia embarked upon any vessel of theAmmunition for instruction In firing. Navy, or other vessel, or encamped at any military post or camp of the United States, may be furnished such amounts of ammunition for instruction in firing and target practice as may be prescribed by the Secretary of the Navy, and such instruction in firing shall be carried on under the direction of an officer selected for that purpose by the Secretary of the Navy.
Sec. 19. That when any officer, petty officer, or enlisted man ofApplication of pension laws. the Naval Militia is disabled by reason of wounds or disabilities received or incurred in the naval service of the United States in time of war he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer, petty officer, or enlisted man dies in the naval service of the United States in time of war, or in returning to his place of residence after being mustered out of such naval service, or at any time in consequence of wounds or disabilities received in such naval service in time of war, his widow and children, if any, shall be entitled to all the benefits of such pension laws.
Sec. 20. That all expenditures authorized to be paid by the SecretaryPayment of expenditures.*Ante*, p. 286. of the Navy under the provisions of this Act shall he paid out of the 8200,000 appropriated in section ten of this Act, except such additional expenditures as may be authorized by the annual naval appropriation Act. Sec. 21. That, for the purpose of securing a list of persons especiallyExaminations for commissions in other than Organized Naval Militia. qualified to hold commissions in the Navy or in any reserve or volunteer naval force which may hereafter be called for and organized under the authority of Congress, other than a force composed of Organized Naval Militia, the Secretary of the Navy is authorized from time to time to convene examining boards at suitable and convenient places in different parts of the United States, who shall examine as to their qualifications for naval duties allEligibility of applicants. applicants who shall have served in the Regular Navy of the United States or in the Organized Naval Militia of any State or TerritoryRegulations. or the District of Columbia.
Such examination shall be under rules and regulations prescribed by the Secretary of the Navy. The record of previous service of the applicant shall be considered as part of the examination. Those applicants who pass such examinationsCertificates of eligibility for commissions in volunteers. shall be certified as to their fitness for naval duties and rank, and shall, subject to a physical examination at any time, constitute an eligible class for commissions, pursuant to such certification, in any volunteer naval force hereafter called for and organized under the authority of Congress other than a force composed of Organized Naval Militia; and the President is hereby further authorized, upon theIn regular Navy in case of war. outbreak of war, or when, in his opinion, war is imminent, to commission in the regular Navy for the exigency of such war such of the persons whose names have been certified as above provided as he may select: *Provided*, That no one shall be commissioned to a*Provisos*.Rank limitations.290 higher rank than the rank for which he may have been recommendedRecognition of former services. by said examining board: *And provided further*, That the President may also commission or warrant as of the highest rank formerly held by him, or the present equivalent of such former rank in case the nomenclature or some of the specific duties of the same may have been changed, any person who having been formerly a commissioned or warrant officer of the United States Navy shall haveCommissions for engineer and staff duties. been honorably discharged from the service: *And provided further*, That persons may be commissioned in the Navy for engineer duties only, and for all line duties other than engineer duties, and when so commissioned shall have the full rank, pay, precedence, and so forth, of the line grade for which they are commissioned.
Sec. 22. Repeal of conflicting laws. That all laws and sections of laws conflicting with the provisions of this Act are hereby repealed. Approved, February 16, 1914.