74TH CONGRESS 1st Session } SENATE { REPORT No. 454 AUTHORIZE TRIAL BY COURT MARTIAL OF ANY PERSON IN THE NAVAL SERVICE CHARGED WITH THE CRIME OF MURDER COMMITTED WITHOUT THE GEOGRAPHICAL LIMITS OF THE STATES OF THE UNION AND THE DISTRICT OF COLUMBIA APRIL 11, 1935.—Ordered to be printed Mr. TRAMMELL, from the Committee on Naval Affairs, submitted the following REPORT [To accompany S. 1207] The Committee on Naval Affairs of the Senate, to whom was referred the bill (S. 1207) to authorize trial by court martial of any person charged with the crime of murder committed without the geographical limits of the States of the Union and the District of Columbia, having considered the same, report it to the Senate with the recommendation that the bill do pass. The purpose of the bill is to give naval court-martial jurisdiction over the crime of murder committed outside the geographical limits of the United States by persons in the naval service who are not attached to naval vessels. Under existing law, trial by court martial for the crime of murder is limited to "any person belonging to any public vessel of the United States" without the territorial jurisdiction thereof. At the present time should a marine serving in Nicaragua, for example, commit the crime of murder, the Navy Department is without jurisdiction to try him for that offense. It would be necessary either to try him for manslaughter, a lesser offense, or turn him over to the native authorities for trial for murder, both of which are undesirable. This legislation will incur no additional cost to the Navy and is recommended by the Navy Department as indicated by the letter of the Secretary of the Navy to the Chairman of the Naval Affairs Committee which is hereby made a part of this report. NAVY DEPARTMENT, Washington, November 6, 1934. Washington, D. C. The SPEAKER OF THE HOUSE OF REPRESENTATIVES, MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill to amend article 6 of the Articles for the Government of the Navy authorizing trial by court martial of any person in the naval service charged with the crime of murder committed without the geographical limits of the States of the Union and the District of Columbia. The purpose of the proposed legislation is to give naval courts martial jurisdiction over the crime of murder committed outside the territorial limits of the United States by persons in the naval service who are not attached to naval vessels; for example, marines serving in Nicaragua, Haiti, and China, or persons in the naval service taking passage on naval transports. Under existing law, trial by court martial for the crime of murder is limited to "any person belonging to any public vessel of the United States" without the territorial jurisdiction thereof. As drafted, this proposed legislation is similar in scope to article 92 of the Articles of War, enacted on June 4, 1920 (41 Stat. 605; U. S. C., title 16, sec. 1604), which reads as follows: 66 'Any person subject to military law who commits murder or rape shall suffer death or imprisonment for life, as a court martial may direct; but no person shall be tried by court martial for murder or rape committed within the geographical limits of the States of the Union and the District of Columbia in time of peace." At the present time, should a marine serving in Nicaragua, for example, commit the crime of murder, the Navy Department is without jurisdiction to try him for that offense. It would be necessary either to try him for the lessor offense of manslaughter, or to turn him over to the native authorities for trial for murder, both of which courses are undesirable. The Navy Department recommends enactment of the proposed legislation. Sincerely yours, 74TH CONGRESS 1st Session } SENATE { REPORT No. 455 AUTHORIZING THE ASSIGNMENT OF TWO OFFICERS ON THE ACTIVE LIST OF THE UNITED STATES MARINE CORPS NOT BELOW THE RANK OF COLONEL TO DUTY AS ASSISTANTS TO THE MAJOR GENERAL COMMANDANT OF THE MARINE CORPS APRIL 11, 1935.-Ordered to be printed Mr. TRAMMELL, from the Committee on Naval Affairs, submitted the following REPORT To accompany S. 1211] The Committee on Naval Affairs, to whom was referred the bill (S. 1211) authorizing the assignment of two officers on active list of the United States Marine Corps not below the rank of colonel to duty as assistants to the Major General Commandant of the Marine Corps, having considered the same, report it to the Senate with the recommendation that the bill do pass. The purpose of the bill is to provide that an officer on the active list of the Marine Corps, not below the rank of colonel may be detailed as first assistant to the Major General Commandant, in case of death, removal, retirement, resignation, absence, or sickness of the major general commandant, may perform the duties of the major general commandant until his successor is appointed or until such absence or sickness shall cease, unless otherwise directed by the President. Also a second assistant to the major general commandant may be detailed with the same authority and under the same above conditions in the event that both the Major General Commandant and the first assistant to the Major General Commandant are sick or absent. At present there is no statutory provision for authority of another officer to perform the duties of the Major General Commandant in case he is absent, sick, or in case there is a lapse of time should some Major General Commandant resign, retire, die, be removed before another be appointed by the President. Thus when the Major General Commandant is absent from the office there is a lapse or interruption of the business transacted by it. Congress has granted such authority to the Office of the Chief of Naval Operations, and the S. Repts., 74-1, vol. 1-50 Judge Advocate General of the Navy and all bureau chiefs, and the committee feels that this authorization should be granted to permit the assignment of these two officers to be assistants to the Major General Commandant. This legislation will involve no additional cost to the Government and is recommended by the Department as indicated by the letter from the Secretary of the Navy addressed to the chairman of the committee which is hereby made a part of this report. NAVY DEPARTMENT, Washington, November 26, 1934. Washington, D. C. The SPEAKER OF THE HOUSE OF REPRESENTATIVES, MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill "Authorizing the assignment of two officers on the active list of the United States Marine Corps not below the rank of colonel to duty as assistants to the major general commandant of the Marine Corps." The purpose of the proposed legislation is to provide that an officer on the active list of the United States Marine Corps not below the rank of colonel may be detailed as first assistant to the major general commandant and, in case of the death, removal, retirement, resignation, absence, or sickness of the major general commandant, may perform the duties of the major general commandant until his successor is appointed or such absence or sickness shall cease, unless otherwise directed by the President as provided by section 6, title 5, of the United States Code; and also that an officer on the active list of the United States Marine Corps not below the rank of colonel may be detailed as second assistant to the major general commandant, and, in case of the death, removal, retirement, resignation, absence, or sickness of both the major general commandant and the first assistant to the major general commandant, may perform the duties of the major general commandant until his successor is appointed or such absence or sickness shall cease unless otherwise directed by the President as provided by section 6, title 5, of the United States Code. There is no statutory authority for another officer to perform the duties of the major general commandant in the event of the absence or sickness of the latter or in the event of a vacancy, unless such officer be given specific directions to perform them by the President, as authorized by section 6, title 5, of the United States Code. During temporary absences of the major general commandant, which from their nature would not occasion the exercise of this special power to fill vacancies by the President, no officer in the office of the major general commandant can, without statutory authority, perform the duties of that office. Hence, whenever the major general commandant is absent from the office, an interruption occurs in the business transacted by it. A similar difficulty existed in the Office of the Chief of Naval Operations, until the act of May 27, 1930 (46 Stat. 430), removed it. Authority has also been given by Congress to detail assistants to the chiefs of all bureaus, and to the Judge Advocate General of the Navy Department. The proposed bill, if enacted into law, will permit the detail of similar assistants to the major general commandant. The proposed legislation, if enacted into law, would result in no additional cost to the Government. The Navy Department recommends that the proposed legislation be enacted. Sincerely yours, CLAUDE A. SWANSON. |