Further proceedings. Officer to be place at which they occurred, with lists of witnesses and statement 1077. (1) Should the decision of the Secretary or commander 1078. Whenever an accusation is made against an officer, either furnished with a by report or by indorsement upon a communication, a copy of such report or indorsement shall be furnished at the time to the officer accused. copy of accusation. Temporary re future trial or investigation. 1079. The captain of a ship or other competent authority may lease no bar to release temporarily and put on duty an officer under suspension or arrest, should an emergency of the service or other sufficient cause make such measure necessary. The order for temporary release shall be in writing and shall assign the reasons. Should the officer be under charges, they need not be withdrawn; and such temporary release and restoration to duty shall not be a bar to any subsequent investigation or trial of the case that the convening authority may think proper to order, nor to the investigation of any complaint the accused may make in regard to the suspension or arrest. Charges not to vived. Limitation of 1080. Offenses shall not be allowed to accumulate in order that be held back to sufficient matter may thus be collectively obtained for a trial, withaccumulate, nor old offenses re- out giving due notice to the offender; and no officer who has been formally reprimanded for an offense shall be subsequently tried therefor, nor shall that offense be the subject again of inquiry except when it may be indispensable to prove a particular habit charged. 1081. No person in the Navy shall be tried by court-martial or time for ordering punished for any crime or offense which shall appear to have been committed more than two years before the issuing of the order for such trial, unless by reason of having absented himself from the United States, or of some other manifest impediment, he shall not have been amenable to justice within that period. In case of absence from the United States, the time of such absence shall be excluded in computing the period of the limitation; provided, that in cases of desertion said limitation shall not begin until the end of the term of enlistment of the offender. trial, Officers to suppress quarrels. 1082. (1) In the event of a riot or quarrel between persons belonging to the Navy, within the limits of a naval command, it shall be the duty of the senior line officer present, belonging to that command, to suppress the disturbance, and, if necessary, to arrest those engaged in it even though they be his superiors in rank; and all persons belonging to the Navy who may be present, shall render prompt assistance and obedience to the officer thus engaged, in the restoration of order. (2) Should there be no line officer of the command present, the senior officer of the Navy or of the Marine Corps who may be present and belonging to the command, shall exercise the same authority and be entitled to the same obedience. (3) In the event of a riot or quarrel between persons belonging to the Navy, not within the limits of a naval command, it shall be the duty of the senior line officer present to suppress the disturbance; if there be no line officer present, this duty devolves upon the senior officer of the Navy or of the Marine Corps who may be present. SECTION 2.-ARREST OR SUSPENSION. Arrest of an 1083. (1) Every officer, when placed under arrest, shall deliver up his sword, through the arresting officer, to the captain of the officer. ship, commander in chief of the fleet or squadron, or commandant of the navy yard or station. (2) He shall confine himself to the limits assigned him at the time of his arrest or afterward, under pain of dismissal from the service. (3) He shall not visit officially his commanding or other superior officer, unless sent for; and in case of business requiring attention, he shall make it known in writing. Unnecessary 1084. No officer placed under suspension or arrest shall be confined to his room or restrained from the proper use of any part of confinement. the ship to which before his suspension or arrest he had a right, except the quarter-deck, poop, and bridges, unless such confinement or restraint shall be necessary for the safety of the ship or the preservation of good order and discipline; and neither the confinement nor the additional restraint shall be imposed for any longer time than shall be absolutely necessary. Arrest or sus officer. 1085. (1) Whenever a commanding officer shall order a pay officer under suspension or arrest, he shall take possession of the safe pension of a pay and of the keys of the pay department's storerooms, and immediately cause a seal to be placed on the safe in the presence of the pay officer suspended. The senior officer present shall immediately thereupon direct a board, consisting of at least three officers, to take an inventory of the money and papers and, except in an extreme emergency, of the stores, and shall appoint a suitable person to take immediate charge thereof. (2) Should the pay officer be released from suspension or arrest Restoration of and restored to duty, the senior officer shall in the same manner and a pay officer to duty. under the same conditions as stated above cause a second inventory of the money, papers, and stores to be taken, and the pay officer restored to duty shall be held responsible only for the money and stores then on hand, as thus ascertained. The pay officer in question and the person appointed to take charge shall both be present when the above inventories are taken, and they shall each be furnished with copies of the same. When inven (3) Whenever in either of the above cases the senior officer shall deem it impracticable to have an inventory taken of the stores, he tory of stores can shall furnish the pay officer with a certificate to that effect. not be taken. Accounts in (4) If the pay officer restored to duty after temporary suspension is satisfied with the vouchers for expenditures of all kinds furnished cases of tempoby the officer who has acted in his stead, he shall state the fact in rary suspension. writing, which will relieve the officer who has so acted from rendering accounts to the Auditor for the Navy Department and to the Navy Department. 12326-15 Books and officers in arrest. (5) Before a pay officer under suspension or arrest shall be taken Vouchers of pay permanently from the ship or station to which he has been attached, a reasonable time shall be allowed him to close up his books and complete his vouchers; and no books or vouchers necessary to the perfect settlement of his accounts shall, under any circumstances, be taken from his personal charge, unless absolutely necessary for the public interest; in which case a detailed receipt for the same shall be furnished him by the person appointed to take charge of, or relieve him from, his duties. Officers in ar on being tried. 1086. No officer who may have been placed under arrest has any rest can not insist right to insist upon being tried by court-martial, or to persist in considering himself under the restraint of such arrest after he shall have been released by proper authority, or to refuse to return to the exercise of his duty. All punish SECTION 3.-PUNISHMENTS. 1087. The authority to punish offenses being strictly defined by ments to be ac- law, no deviation from the limits prescribed will be tolerated. cording to law. Authority of captain. Restraint of tried. 1088. Captains of ships are not empowered to impose upon persons under their command any other punishment than those prescribed in article 24 of the Articles for the Government of the Navy, except in pursuance of the sentence of a general or summary court-martial. 1089. When any enlisted person is confined for a longer time prisoners to be than ten days to await trial by court-martial, the captain shall keep in view the fact that this confinement is protracted simply to insure the appearance of the prisoner before the court by which he is to be tried. He should not, therefore, be subjected to greater rigor than is necessary to effect that object. Treatment of prisoners. Release of pris oners. Investigation of reports. Investigation to be delayed. Punish ments on Sunday. Dimensions of ships' prisons. 1090. (1) The captain shall use every endeavor to assure himself that subordinates exercise no cruelty toward persons in confinement, and that the latter suffer no unusual treatment without his knowledge and authority. (2) He shall direct the release of every person confined, upon the expiration of the term of confinement. 1091. (1) All reports of misconduct shall be investigated by the captain before punishment is adjudged. At morning inspection he shall be furnished by the executive officer with a list of persons reported for offenses during the preceding day. After inquiring into the facts in each case at the mast, giving to both accuser and accused an impartial hearing, he shall assign a punishment when necessary and affix his signature in the report book. (2) The investigation of a report, except where summary action is deemed necessary, shall be deferred until the morning following the day on which the report is made; but longer delay shall be avoided. 1092. All punishment consisting of extra duties shall be discontinued on Sunday. 1093. Cells for the confinement of prisoners shall not be less than 6 feet long and 3 feet broad, with the full height between decks, and shall be properly ventilated. They shall not be altered without the authority of the Navy Department, except as provided in article 1094. for confinement. 1094. (1) Prisoners shall not be confined in any other spaces than Prisons and those which have been designated by the Navy Department as pris- other spaces used ons or spaces proper to be used as such. In case of necessity extra spaces may be authorized by a commander in chief on a foreign station, by a senior officer present, or by a captain of a ship acting singly. In such cases the senior medical officer shall be called upon to give an opinion respecting the fitness of such place for such use. (2) Care shall be taken not to confine intoxicated men in such a place or manner as may be dangerous to them in their condition. 1095. No officer shall take part personally in the arrest of a drunken man further than may be absolutely necessary, but the ference in the arrest shall always be made by persons not above the grade of petty officer, who are to be instructed to use no greater force than that required to restrain or confine the offender. Confinement of intoxicated men. Personal inter arrest of drunken men. The captain officer. 1096. The captain may as a punishment confine a commissioned or warrant officer to the limits of the ship to which he may be may confine any attached, but such confinement shall not continue longer than ten days. 1097. All punishments inflicted by the captain, or by his order, Punishments except private reprimands, shall be fully entered upon the ship's to be entered in log. This entry shall include the name, rank, or rating of the log book. offender, the date and nature of the offense, and the kind and degree of punishment. The date of every suspension, arrest, confinement, and restoration to duty shall also be entered upon the log. An admonition 1098. An admonition or caution in the ordinary course of duty shall not be considered as a reprimand in the sense of punishment. in the course of duty. 1099. Whenever any person in the Navy who shall have been Entire displaced under suspension, arrest, or confinement, or otherwise pun- charge from arished for misconduct, shall be released and entirely discharged by ment a final bar. rest or punishcompetent authority, such discharge shall be a bar to further disciplinary proceedings in the case by any naval authority. SECTION 4.-REDRESS OF WRONGS. superior. 1100. If any person in the Navy considers himself oppressed by Oppression, or his superior, or observes in him any misconduct, he shall not fail in misconduct of his respectful bearing toward him, but shall represent such oppression or misconduct to the proper authority. He will be held accountable if his representations are found to be vexatious, frivolous, or false. 1101. Any application for redress of wrong shall be made in Application for writing through the immediate commanding officer to the com- redress. mander in chief of the fleet or squadron, or to the senior officer present, and it shall be the duty of the latter to take such action in the matter as, in his judgment, justice and the good of the service demand. 1102. If, in the opinion of the commander in chief or senior Report of facts. officer present, a trial by court-martial is necessary, and the alleged wrong shall have occurred within the waters of the United States, he shall submit a succinct report of the case, together with all the correspondence relating thereto, to the Secretary of the Navy, unless, as commander in chief of a fleet or squadron within the waters of the United States, he be expressly authorized by the President to order courts-martial. Officers empowered to order courts-martial will in such case proceed at once to prefer charges against the offender and convene a court for his trial. Officers can not 1103. No officer has the right to demand a court-martial on himdemand their self or others, the granting of a trial resting solely in the discretion of the officer authorized to convene a court. trial. Apartments of flag officer. captain. Apartments of Apartments of chief of staff. Flagship with single cabin. Staterooms of wardroom cers. SECTION 5.-APARTMENTS. 1104. A flag officer, when embarked in a ship having two cabins, may select either of them. 1105. (1) The captain of a ship which has two cabins, in case there is no flag officer embarked, may occupy either of them. (2) In case there is a flag officer embarked, the captain shall occupy the cabin not taken by such flag officer. 1106. (1) A chief of staff of a rank not below that of commander, other than the captain of a flagship, shall be provided for in the cabin and mess of the commander in chief. (See art. 365.) (2) The captain shall not be required to share his accommodations with a chief of staff. 1107. Where there is but one cabin available for the commander in chief, the captain, and the chief of staff, if there be one of or above the rank of commander, they shall occupy it jointly, and the choice of accommodation shall be in the order named. 1108. (1) When the wardroom staterooms are arranged symmetoffi- rically on both sides of the ship, the forward room on the starboard side shall be occupied by the executive officer and the next room by. the navigator. All other rooms on the starboard side shall be occupied by line officers not detailed for engineering duties, in the order of rank. Personal staff (2) On the port side the forward room shall be occupied by the senior engineer officer in charge of the engineer department, the second by the paymaster, the third by the senior medical officer, the fourth by the senior marine officer, the fifth by the chaplain, the others by the remaining staff officers, marine officers, and line officers detailed for engineering duties, entitled to quarters in the wardroom, in the order of their rank. (3) Spare rooms on either side shall be assigned by the captain, and he shall give preference to officers who keep a watch. (4) In ships having staterooms arranged otherwise than as above mentioned the rooms shall be occupied as designated by the Department. To this end, before the ship is commissioned, a plan of assignment of quarters will be supplied from the Department. 1109. A commander in chief may assign quarters in his own may be accom- cabin to any member of his personal staff; such officer shall have modated in no title to quarters elsewhere while so accommodated, and in such case shall mess with the flag officer. (Art. 365.) cabin. 1110. All commissioned officers not in command, above the rank of ensign, shall be wardroom officers. Ensigns assigned to duty as watch and division officers shall also be wardroom officers. 1111. Ensigns, not watch and division officers, second lieutenants in the Marine Corps not in command of the detachment, medical and pay officers having the rank of ensign, naval cadets, and clerks shall occupy the steerage. 1112. The chief boatswain, chief gunner, chief carpenter, chief sailmaker, and each warrant officer shall have a room forward of the steerage if there is sufficient space; if not, two of them shall |